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LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 1987 PAGE 9 <br />( response from the City on the request for allowing an asphalt plant to <br />operate for up to 3.5 months on the Bergmann property. Bergmann felt <br />his land would be replaced in better condition than it is now. He had <br />written consent from several neighbors. The contractor was willing to <br />post a $50,000 bond. <br />Councilman Graves had no problem with alloiwng this and suggested the <br />staff look into approving this. <br />City Administrator Overby felt this could be handled under an <br />Alternate Ag Use CUP. The only problem would be the time constraint. <br />Councilman Johnson felt this was a serious enough operation that <br />cannot be done without public input. <br />M/S/P Armstrong/Moe - Because of the benefit to Lake Elmo and <br />surrounding community, the request was directed to be handled <br />administratively. (Motion carried 3-1<Johnson: opposed because he <br />felt this should not be done wihout a public hearing>). <br />11. Public Hearing: Legion Pond Storm Sewer Improvement Project. <br />Pursuant to publshed notice, Acting Mayor Armstrong opened up the <br />public hearing at 9:40 p.m. <br />The City Engineer presented a preliminary report on the proposed <br />Legion Pond outlet public improvement project to the City Council on <br />March 17, 1987. At that time, the City Council requested that an <br />analysis be made of the increase in fair market value to the <br />properties which would benefit from this project. <br />A copy of the April 1, 1987 letter from Penfield, Inc. was enclosed <br />for the City Council's information. According to the letter, the <br />majority of benefit would be to the homes directly impacted by the <br />high water conditions. The remaining properties show a smaller <br />benefit due to increase in market value. <br />Pond samples were taken and based on phosphorous testing and bacteria <br />testing the transfer of Legion Pond to Lake Elmo would not degrade the <br />water quality of Lake Elmo. (The water in Legion Pond was not degraded <br />to the point at which it would not be swimmable.) <br />In the letter written by William Schwab, Penfield Inc, to City <br />Administrator Overby dated April 1, 1987 he explained that they <br />analyzed the proposed project to see what effects it would have on the <br />property when fully implemented. They do not take into consideration <br />any improvements the owner may make to the property once the plan has <br />been implemented. He used the information that was provided by the <br />City Engineer. <br />City Engineer Bohrer reported that there is a third alternate route, <br />but this has not been explored. From discussions with the person <br />involved the City may be able to obtain the easement for nothing, but <br />there would be some replacement of a driveway and necessity to install <br />manholes. The cost would stay about the same. <br />