03-01-2004 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES MARCH 1, 2004 7 10. CITY ATTORNEY’S REPORT: A. Hazardous Structure on 37th Street Jim McNamara, Building Official gave his findings stated in the affidavit prepared after reviewing the property on 37th street. Attorney Filla recommended based on the Building Official’s report; the Council adopts a motion determining there is a hazardous and unsafe structure at 8691 37th Street. M/S/P Johnston/Dunn - that the City finds that there is a hazardous and unsafe structure at 8691 37th Street in Lake Elmo. (Motion passed 5-0. Attorney Filla said there are three options: 1. That the City try to reach an agreement with the property owner, but the property owner is without funds to do anything about this. 2. That the City could condemn the property, but he is not sure what is on the property. Once the process is started the City would have to clean the site and if there is hazardous substances that we would be responsible to get rid of them in a safe manner. 3. That the City would issue an abatement order. Attorney Filla recommended issuance of an abatement order, and he would come back with an abatement order for Council review and approval at the next meeting. If that is approved, then it would be served on the property owner and they would have a certain number of days to respond. If there is no response, the City could get a default judgment. If they did respond, it would be tried as a civil case. Before the process is started, Filla could get an estimate of costs for cleaning up the property, which will be substantial, and likely the City will never sell the property for sufficient money to cover our costs. M/S/P Johnston/DeLapp – to direct the staff to proceed with an abatement order and come back for Council review and approval of the abatement order at the March 16 Council meeting. (Motion passed 5-0.) In regard to the Hidden Bay Trail property, Attorney Filla reported they did sign the settlement order and they had met the first goal which was to provide a structural engineering report. Their attorney sounds positive that his client will achieve the second goal which is to have a good part of the exterior done by April 2nd. 11. CITY ADMINISTRATOR’S REPORT: 12. CITY COUNCIL REPORTS: Mayor Hunt reported that he received available dates from Marilyn Condon for a workshop and will get an agenda and dates out to the Council. The fee for the workshop is $1,000; $3250 was spent out of the authorized $6,000 budget for her consulting services.