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B. Resignation of Heidi Nietzel, Kent Dubbe from Parks Commission The City has received the resignation from Heidi Nietzel from the Parks Commission. Kent Dubbe has moved out of the City, but we did not receive any formal notice from him. There are no current applications for the Parks Commission, so the three vacancies that exist will be advertised in the City Newsletter and on Cable. M/S/P Dunn/Hunt — to accept the resignation of Heidi Nietzel from the Parks Commission, and direct staff to send a letter of appreciation. Further that the Council recognizes that Kent Dubbe has moved out of the City and can no longer serve on the Parks Commission. (Motion passed 4-0). M/S/P Dunn/Hunt — to direct the staff to advertise the Parks Commission (3) vacancies in the City Newsletter and on Cable television. (Motion passed 4-0). C. Request from Parks Commission for paving basketball pad in Reid Park Tower Asphalt is currently under contract with the City for street overlays and has agreed to add to its current contract a 30' x 20' asphalt pad for a basketball court at the south end of the parking lot in Reid Park. The following costs: Asphalt $ 467.00 Limerock Base 200.00 Backboard & Goal 545.00 TOTAL $1,212.00 Parks Supervisor, Mike Bouthilet, will complete the rockbase and install the backboard and goal. At its July 20'h meeting, the Parks Commission recommended approval by the Council for the addition of the pad. M/S/P Hunt/DeLapp — to approve an amendment to the contract with Tower Asphalt to include the addition of a 30' x 20' asphalt pad for a basketball court at the south end of the parking lot in Reid Park at a cost not to exceed $1,212.00, based on a favorable recommendation from the Parks Commission, and the pad is a budgeted item. (Motion passed 4-0). D. Access Agreement with John Carr, Tamarack Farm: Verbal from Jim McNamara Jim McNamara reported that John Carr has decided not to use the City easement for a driveway. Mr. Carr has placed his driveway according to City ordinances 5' parallel to the easement, but on his property. 7. CITY ENGINEER'S REPORT: None 8. PLANNING. LAND USE & ZONING: A. Countryside Pool & Spa Inc.'s Appeal of decision of Code Enforcement Officer Lonny Thomas, attorney representing Countryside Pool & Spa, asked for clarification of the appeal. According to City ordinance, his client would receive notice of the hearing within 10-14 days of the Council meeting. Countryside Pool & Spa received notice by written letter on Monday, August 31, 1998. Therefore, Attorney Thomas stated the notice is defective and requested a clarification from Mr. McNamara of what ordinance his client is in violation. Attorney Fills reported there was a procedural defect and appropriate notice will be sent out according to statutes. M/S/P Hunt/Dunn — to table the appeal by Countryside Pool & Spa Inc. until such time Attorney Filla has indicated to staff the correct appeal notice procedure and send clarification of violation. (Motion passed 4- 0). LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 1998