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LAKE ELMO CITY COUNCIL MINUTES APRIL 4, 1989 PAGE. 5 Councilman Graves agreed wth the spirit of what Williams stated, but j felt this was the best option available at the current time and it was better protection for the City if we enter into this agreement. Mayor Dunn has asked the Counties to be open to other areas, such as; pursue legislation for landfills, portable incinerators, dig up areas and use liners. Councilman Moe agreed with Councilman Williams' statement, but he has consistently felt this should be settled through litigation in the courts. He also advised he would vote against this agreement if Council members Williams and Hunt had a workable alternative. Attorney Carlson responded the MPCA stated this is a viable option. He asked "can the city establish or meet the burden of showing irreparable harm and what would the cost be for the experts to provide this burden"? 7. PLANNING/LAND USE & ZONING: A. Large Lot Subdivision: Steve Dahly Steven Dahly has made application for a large lot subdivision. The applicant proposes to subdivide a 20-acre parcel. into two 10-acre parcels. The land is already zoned Rural Residential. The Planning Commission voted unanimously that the large lot subdivision be granted and its recommendations were included in the following motion. Larry Bohrer referred to the City Code, Page 400-18 Items on Survey which requires the location of the Utility Right -of -Way. Bohrer asked that the line drawn on the survey be an accurate reflection of the pipeline and this request was added to the motion. M/S/P Williams/Graves - to direct the staff to prepare a resolution granting a large lot subdivision of. a 20-acre parcel described as, the East 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 28, Township 29, Range 21, into 2-10 acre parcels to Steven Dahly; contingent that the applicant: (Motion carried 5-0). 1. Provides a revised survey showing the dimensions of the pipeline easement. 2. Shows a 33 foot right-of-way on the survey, and dedicated said easement to the City of Lake Elmo. 3. Pay a park dedication fee of $450 for the newly created lot. 4. Accepts the recommendation that any structure be set back of 100 feet from the pipeline.