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Lake Elmo City Council Minutes for July 7, 1987 Page 3 current level, and would like to see it lowered even more, if possible. M/S/P Graves/Moe - To adopt Resolution 87-31 whereby the City of Lake Elmo will ask the Valley Branch Watershed District to look into the request of the residents of the area on Lake Elmo to see what can be done to ameliorate the situation; either dredging to restore the property or recinding the $2000 assesslf�nt against the property. (Motion carried 5-0) (Copy of resolution attached and made part of these minutes). 6. Public Hearing: Legion Pond Pumping Project and Water Elevation Pursuant to published notice, Mayor Christ called the public hearing to order at 7:53 p.m. City Engineer, Larry Bohrer advised the council that there was an error in the hearing notice. The purpose of this meeting is to consider whether a lower level of Legion Pond should be considered. The DNR regulations say that a body of water (such as Legion Pond) can be lowered 1-1/2 feet below its Ordinary High Water Mark (OHWM). Legion Pond's present OHWM is 883.5. The DNR will only consider a lower level if (1) a public hearing is held on the proposed lower level to receive input from the public for or against whether a lower level should be approval for Legion Pond. There was no public comment regarding the proposed level of 882.0, although many residents from Legion Pond were present. Mayor Christ closed the public hearing at 7:58 p.m. M/S/P Johnson/Graves - To request that the DNR permit Legion Pond to be lowered to 882.0. (Motion carried 5-0). 7. Planning, Land Use and Zoning A. Final Plat Approval: Lake Elmo Heights 2nd Addition The City Engineer advised the council in his memo dated July 1, 1987 that he reviewed the proposed final plat of Lake Elmo Heights 2nd Addition for conformity to the preliminary plat and Subdivision Code and found that it was in conformity. The surveyor has also supplied the certificate as to the measurement of 153 and 155 soils as mapped by the Soil and Water Conservation District, and the City Engineer recommended approval of the final plat. Dan Novak expressed concern that the applicant knew that preliminary plat approval for Lake Elmo Heights 2nd Addition had not been granted prior to the moritorium. As stated in the City Engineer's report of April 24, 1987, the "temporary" cul-de-sac "could not be extended until sewer was available". Identifying the cul-de-sac as temporary has future implications, Novak feels, and is in direct conflict with the Comprehensive Plan. This is one of the reasons the Planning Commission voted to recommend denial of the preliminary and final plat of Lake Elmo Heights 2nd Addition. By approving this final plat,