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LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 1996 4 C. Agreement with Olson Lake Estates Outlet Project Attorney Filla provided a draft of a temporary use agreement and agreement to convey easement between City of Lake Elmo, Carl Bolander & Sons, Inc, and the Valley Branch Watershed District to facilitate construction of the Olson Lake Estates Pond Outlet Project. Larry Bohrer reported that Mike Bouthilet, Parks Supervisor, was in concurrence with the agreement of the restoration plan. Jenneifer Dietz, Attorney for the VBWD, indicated under Paragraph I, they needed a cap on the costs and would like to proceed with the plan. Randy Peterson, Barr Engineering, will be the contact person for citizen's concerns. ' Councilman Hunt made it clear that where the maps show future pipeline and some miniature ponds, the City did not approve of this in any form and feels the outlet for Olson Lakes Estates Pond is the priority use of this pipe. Councilman DeLapp presented pictures of what would be OL-17 showing a large volume of water at an undeveloped state. M/S/P DeLapp/Hunt - that the City would approve the Temporary Use Agreement and Agreement to Convey Easement between the City of Lake Elmo, Carl Bolander & Sons, Inc., and the Valley Branch Watershed District in substantially this form with modification to Paragraph I with the insertions prepared by the engineer from Barr Engineering and Paragraph C3. & G and incorporate the Pebble Park Tree Inventory into the agreement. (Motion passed 4-0). 6. PLANNING/LAND USE & ZONING: A. Request by Green Acres Recreation (Gaylen Springborn) Gaylen Springborn, Green Acres Recreation, is requesting an addition of a golf driving range and miniature golf course to their existing Conditional Use Permit. The Council asked for more details, such as, the size and where will it be located and informed Mr. Springborn this would require a formal application for an amendment to the CUP. Council person Conlin stated the City already has a golf driving range so she didn't have a problem with that proposal, but the miniature golf course doesn't fit with the rural environment. Councilman DeLapp asked what is the intent of Ag--at a certain point we could have a farm that is 100 percent recreation with no farm any more. B. Case No. ZAM/96-1 Berschen Property Rezoning; Ordinance No. 8131 amending the Zoning District Map from Rural Residential to Public Facility Mayor John stated he would prefer that a total Council were present to be accountable for this decision. This is an important community issue, and we need to avoid any late controversy about a member not being present for this vote to allow the rezoning of the Berschen property. Lake Elmo resident, Jim Blackford, approved the Council's decision for postponement because he felt there are other options we can pursue and the Lake Jane residents look forward to a continuing dialogue with the Council to determine a better site. Mr. Blackford said they have other sites they would like to present and feel that these are reasonable alternatives to the site you have selected. Mayor John voiced his concern as Mayor is the health, safety and welfare of the citizens of Lake Elmo. For the council to consider another site, it would have to demonstrate extremely great advantages over the one we have selected because even considering another site would move us from our time table. This would prevent us from designing and building a usable maintenance facility before winter. The Council allowed Mr. Blackford to present their findings to them at the April 2 meeting. Councilor Conlin felt in the interim we should at least examine some of the other possibilities whatever they are because the Planning Commission was not exactly in favor of the Council's position when they voted at their last two meetings. Councilman DeLapp provided a memo explaining his reasons for supporting the rezoning of the 45th Street site.