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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 1991 OLD BUSINESS: A. Stonegate Rezoning M/S/F Williams/Hunt - to adopt Ordinance 8058 amending Section 301.070C. of the 1979 Lake Elmo Municipal Code to change the zoning from Rural Residential (RR) to'Residential Estates (RE), including the Findings of Fact of the July 16, 1991 City Council Meeting, pursuant to the Court's Order. (Motion failed 3-2 Mottaz: Not in a position to vote on this question until hearing from the Judge as to what is expected as a City Council member, Mayor Johnson: A rezoning requires 4/5th vote, while a majority of the Council (3 members) has instructed the City Attorney to circumvent the state statutes. Until resolution of this question now set on the court calendar for 9/27/91, rezoning previously denied would be premature in that final resolution may not demand rezoning. We must wait.) M/S/P Mottaz/Hunt - to hold an eight minute break. (Motion carried 5-0). M/S/P Hunt/Williams - to move the Stonegate Preliminary Plat to agenda item 8A. (Motion carried 5-0). 6. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: Old Village Drainage Improvements Improvements for 33rd Street from Lake Elmo Avenue to Laverne Avenue & Laverne Avenue from 33rd Street to T.H. 5 Mayor Johnson called the public hearing to order at 9:12 p.m. in the City Council chambers. The public hearing was published in the September 4, 1991 St. Croix Valley Press and affected property owners were notified. City Engineer Tom Prew explained this report was written to determine the feasibility of reconstructing Laverne Avenue and Upper 33rd Street from TH5 to CSAH 17. This is a Municipal State Aid (MSA) route and is eligible for construction, engineering and right-of-way funds. Also included in the report was the feasibility of construction of a trunk storm sewer system and outlet ditch to drain that portion of the Old Village Area between TH5 and the CNW Railroad.