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LAKE ELMO CITY COUNCIL MINUTES APRIL 2, 1996 <br />3. CLAIMS <br />M/S/P DeLapp/Hunt - to approve the April 2,1996 Claims #4596 through #4645 as presented. (Motion <br />passed 4-0). <br />4. PUBLIC INFORMATIONAUINQUIRIES: <br />Greg Malmquist asked what is the status of his child care operation on Hwy 5 and requested a letter <br />clearly stating issues that the City has with them so they can address these issues. In August he spoke <br />with the City Administrator about expanding their business . The City Administrator directed him to Len <br />Hanson's property. He finds it coincidental that other properties that were discussed is now involved in a <br />feud with the City. <br />Attorney Filla Indicated that it is his understanding that the Malmquists own a building which had been <br />converted from a single family to a double -family use, but it is unclear exactly when this change occurred. <br />It appears that this modification happened before the property was located within the City and before the <br />City adopted its first zoning regulations. Therefore, I the use of the property as a two family dwelling was <br />legal before the City adopted its zoning regulations, the use of the property for that purpose became a <br />legal, non -conforming use when the City adopted those zoning regulations. The current use of the <br />Malmquist property for two State licensed daycare facilities started after the City adopted its zoning <br />regulations. One of the State licensed daycare facilities is in violation of the City's regulations which are <br />in compliance with the State's legislation. <br />Len Hanson's four-piex is located on property zoned agricultural. The current use of this property for a <br />four-plex is illegal, and the property owner has been notified to terminate the use. <br />Attorney Filla will write a letter to the City by Friday, April 5th, regarding issues with the daycare facilities. <br />A. Maintenance Facility Site Proposal:Jim Blackford & Concerned Citizens <br />Jim Blackford and the Concerned Lake Elmo Citizens have located an alternate facility site (the Joe <br />Rogers site, 17 acres located North of Chicago Northwestern Railroad and South of Hwy 5) which they <br />feel meets all key site requirements. The Rogers site is currently zoned "Limited Business" and is <br />available for purchase from Joe Rogers for $200,000. Jim Blackford asked that the City consider the Joe <br />Rogers' property as suitable for a maintenance facility for reasons stated in memo dated April 2, 1996. <br />The Council received a letter from Bob Helwig stating his reasons for objecting to the Rogers' site for the <br />proposed maintenance building. The Council voiced its concern on the poor site lines, cost of the <br />property (7.5 acres usable), drainage problems, and access onto Highway 5. <br />M/S/P Conlin/Johnston - to postpone the request by the Concerned Lake Elmo Citizens and that the <br />City Council will consider the proposal for alternate site at the April 16, 1996 Council meeting. (Motion <br />passed 4-0). <br />B. E&H Earth Movers Inc., Request to move a temporary office trailer onto 11980 10th St. N. <br />Terry Emerson, E&H Earth Movers Inc., is requesting permission to move a temporary office trailer (56' <br />long by 12' wide) onto their present business site at 11980 10th St. N. The existing trailer they are now <br />using has very little room for any storage of files, plans, surveying and laser equipment. They need to <br />obtain the additional temporary office space at the present location until they can explore other potential <br />sites to construct new office facilities within the next two to three years. E&H Earth Movers, Inc. does not <br />own the property at 11980 10th St. N., but is leasing it from Paul and Ann Emerson. It is their desire to <br />develop the property as a high -end single family residential project. <br />C, <br />