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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 6, 1994 7 By this action, Filla indicated the city is not requesting the property owner to waive any of its rights nor is the city's further review of this matter contingent upon the property owner waiving any rights which Mr. Colon feels he might have under the 1979 plan. What was needed was a decision from the council on that issue. The decision has been made. Mr. Colon is free to challenge that right now or he can wait until after this process concludes and maybe he will challenge it or maybe he won't. Attorney Niles pointed out there is one significant difference and that's Mr. Filla's comment in terms of the record reflecting that Mr. Colon has not waived his legal position and that is a significant thing for Mr. Colon. C. Valley Branch Watershed Vacancy The city has not received any applications for the VBWD vacancy. Mayor John will contact the Tri-Lakes Assoc. and appeal to the public for interested applicants. D. Resolution No. 94-24 Increasing Impound Fees M/S/P John/Mottaz - to adopt Resolution No. 94-24, A Resolution setting fee for the Kenneling of Unclaimed Animals, Relinquishing Fee for Unclaimed Animals, and Administration Fee for Unclaimed Animals. (Motion passed 5-0). 6. STAFF REPORTS A. Resolution No. 94-25- Approving the proposed 1994 Tax Levy and setting date of public hearing for proposed budget. M/S/P John/Conlin - to adopt Resolution No. 94-25, A Resolution Approving the Proposed 1994 Tax Levy $985,925, Collectible in 1995 and Setting Date for Public Hearing for Proposed Budget on Tuesday, November 29, 1994 at 7:00 p.m. (Motion passed 5-0). When asked by Councilman Johnson where the $500 for Metro East Dev. would come out of, Finance Director Banister answered it would from Dues & Memberships. 7. PLANNING/LAND USE & ZONING: A. Recommendation from Parks Commission on Playground Equipment at DeMontreville Park Mike Bouthilet, Parks Supervisor, provided pictures and layouts of all four playground proposals and explained the basis of the Parks Commission subcommittee's recommendation. M/S/P Mottaz/Johnson - to accept the quote submitted by Minnesota Playground, Inc. for the "Game Time" equipment for DeMontreville Park in an amount of $17,700 per recommendation of the Parks Commission. This price does not include freight and tax. (Motion passed 5-0).