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MINUTES OF MEETING OF CITY COUNCIL OF CITY OF GEM LAKE March, 1996 The March meeting ofthe City Council ofthe City of Gem Lake was called to order on Monday, 25 March 1996, at 7:07 p,min the first floor meeting room of Tousley Ford. Mayor Emeott, Council Members. Igo, Nielsen and Birkebak, and. Clerk Magnuson were present. Also present were Mr, Cliff Nadeau, Mr. Scott Tessier, Mr. Ray Warmuth, Mr. Greg Rick, and Ms. Alyssa Rick. The Clerk noted that the change in meetingdate had been duly published in the White Bear Press Legal Publications section on Wednesday, 20 March 1996. Following Mayor Emeott's request for additions, deletions, or corrections of minutes distributed to the Council and questions thereto, the minutes of the 26 February 1996 City Council Meeting were, upon motion duly made (Birkebak) and seconded (Nielsen), unanimously approved as presented. Following Mayor Erneott's request for additions, deletions, or corrections to the Agenda as distrib- uted to the Council, the Agenda for 25 March 1996 was, upon motion duly made (Nielsen) and seconded (Birkebak), unanimously approved as presented. Mayor Emeott then advised that a work shop for the Planning Commission has been set for April 9th for the sole purpose of addressing the Comprehensive Municipal Plan. Mr. Magnuson, acting as Zoning Administrator, then reported that Timberlane Homes has begun construction of a single family home on the LavaIle property to be identified as 4141 Otter Lake Road without several necessary documents, including a variance for on -site septage disposal and a building permit. Concern over the tot size at 26,500 feet without sewer availability prompted the action. Mr. Magnuson. indicated he has ordered construction halted pending action by the City Council and reported he has spoken with two members of the Planning Commission regarding the matter. The consensus between Magnuson and the members of the Planning Commission is that a Developer's Agreement be entered into by and between. all the parties (buyer, developer, realtor, and City) requiring the following of the parties prior to recommence- ment of construction: 1) parties must apply for a variance from zoning restrictions and pay all relevant fees; and 2) parties must apply for building permit and pay all related fees; and 3) parties must have percolation tests for two sites performed and submit same to the building inspector and shall agree to installation of holding tanks or sewer if percolation tests fail to define dual sites; and 4) parties agree to landscaping of property in a manner so as to prevent significant xun off prior to issuance of occupancy permit; and 5) parties agree not to resume construction until requirements of 1) and 2) above are met, and 6) parties agree that no occupancy permit can or will be issued until all elements are complete. Upon motion duly made (Birkebak) and seconded (Nielsen), the Variance, Permits and Agreement were unanimously approved, Mr. Magnuson. was directed to draft documents necessary and present them to the parties for execution. A copy of the documents is attached hereto as Exhibit "A". Mayor Emeott then recommended that Mr, Arend be replaced as Zoning Administrator and that he and Mr. Magnuson will perform the duties related thereto until such a time as a professional zoning admin- istrator can be identified and appointed. Upon motion duly made (Igo) and seconded (Birkebak), the action was unanimously approved. Upon motion duly made (Igo) and seconded (Birkebak), Animal Control. Services, Inc. was unani- mously approved as the city's Animal Control Officer. 1