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05-21-96 CCM
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05-21-96 CCM
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LAKE ELMO CITY COUNCIL MINUTES MAY 21, 1996 <br />C. Maintenance Building Update <br />City Planner Terwedo updated the public and Council on the development of the Maintenance Building. Monday, <br />May 20, the Maintenance Advisory Committee met with the Council and discussed the existing City facilities. <br />There was discussion of moving the Parks Dept. to the existing Public Works Facility with the Fire Dept., <br />Lakeview Ambulance relocating to the Parks Building. Then focus turned to the development of the proposed new <br />facility. The issues of the garage structure and future equipment was discussed, and Councilman DeLapp will <br />develop several alternative concept plans for review by the MAC and Council. There will be another Joint meeting <br />with the Council and the MAC on June 3, and the City will move forward on design and development of the <br />facility. <br />5. UNFINISHED BUSINESS: <br />A. Armstrong: Conditional Use Permit Amendment <br />City Planner Terwedo advised the City Council of the Planning Commission action at their April 22, 1996, <br />meeting. City Attorney Filla read the resolution to the council. Administrator Kueffner handed out copies of a <br />resolution to the Council. The Council made the following motion: <br />M/S/P Conlin/John - to adopt Resolution No. 96-9 denying the request of Thomas G. Armstrong, Thomas P. <br />Armstrong, and Jodi Armstrong for an amendment to an existing Conditional Use Permit. (Motion passed 4-0-1; <br />abstain: DeLapp - he was not on the Council at the time the application came in.) <br />Tom P. Armstrong was recognized by Mayor John. Mr. Armstrong read a prepared statement to the Council <br />(labeled for reference as Exhibit A). Mr. Armstrong stated his concern of being a legal non -conforming use. The <br />Council discussed differences in opinion of open space preservation. Mr. Armstrong indicated they will use every <br />legal means available to preserve their farm. Tom G. Armstrong was recognized by Mayor John and indicated <br />the Armstrong family will pursue this issue. <br />B. Armstrong: Request for fence along common lot line with "Torre Pines" <br />The Council received a cover sheet prepared by City Administrator Kueffner with background information <br />regarding this issue, and a copy of a letter, dated February 16, 1996, prepared by City Attorney Jerry Filla, <br />accompanied by a copy of MN Statute Chapter 344 Partition Fences. <br />Mayor John recognized Tom Armstrong. Tom G. Armstrong stated, to the City Council, he may have to look into <br />raising cattle on his property, therefore, requests a 48 inch high, 4 strand barbed wire fence. Mike Black, <br />representing Royal Oaks Realty and James Meehan, advised the City Council that they do not need a fence and <br />do not want a fence, and that Mr. Armstrong has not shown proof of his intent to have cattle; none of the property <br />has been fenced. Mr. Black stated that if a fence must be constructed on the common property line their <br />preference is a 48 inch high woven wire fence because barbed wire is not compatible with residential dwelling, <br />and requested the City Council define the construction of the fence. To be a fair process, Mr. Black indicated they <br />would require bids for construction of the fence, an escrow of Armstrong's portion, Mr. Meehan's portion and <br />Royal Oaks portion. Mr. Black stated they will only accept a certified survey of the property line, and requests the <br />notice of claim be removed from the property. Mr. Armstrong stated he would construct the West half section of <br />the fence and take care of that half of the fence, and would do the survey. Mr. Black stated he will follow the City <br />Council's direction, but wanted it made clear that any work done by the Armstrong's before Royal Oaks contacts <br />them will not be reimbursed by Royal Oaks or the Meehan's, and he is not agreeing to any decisions made by Mr. <br />Armstrong tonight. <br />The Council discussed their options and was not comfortable with barbed wire. Mr. Armstrong stated woven wire <br />would prohibit small animals from moving freely. Mr. Black requested the City Council table this issue, before <br />passing a motion, until he has time to consult with his firm's attorney regarding type of fence, section of fence, <br />and date. <br />
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