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18' draft City Attorney Filla requested that Agenda Item 10A be included in the discussion. He informed the Council that the process of easements being acquired is currently being negotiated and results will be brought to the July 5, 2006, Council meeting. M/S/P Smith/Johnson — to adopt Resolution No. 2006-057, accepting plans and specifications and authorizing the advertisement for bids, verified by the City Engineer in his Memo dated June 15, 2006. (Motion passed 3-0) D. PUBLIC HEARING: Excavating & Grading Permit Krueger, 4452 Lake Elmo Avenue: (changed to Agenda Item 8A) A grading permit has been submitted by the Neil Krueger, 4452 Lake Elmo Avenue, which involves removing soil from a small hill near their garage and using it to level an area near Lake Elmo Avenue. He said this would provide a larger flat area for Christmas tree sales and better parking. The area around the west side of the tree barn will have better drainage. The plans have been reviewed and approved by both the City and Valley Branch Watershed District. The Mayor opened the Public Hearing at 7:15 p.m. Residents Neil and Debbie Krueger stated that it was too late in the season for the work to be completed this year, and would need to finish next year. Staff advised them to apply for the building permit now, and to keep the Building Dept. current. City staff determined that the volume threshold for grading permits should be discussed at the July 11, 2006, Council Workshop. The Public Hearing was closed to Public Comment at 7:20 p.m. M/S/P Smith/Johnson — to approve the Krueger Grading Permit in accordance with the plans on file, and subject to a $1,500.00 escrow. This escrow would be released once the turf is established and no erosion is evident. (Motion passed 3-0) E. PUBLIC HEARING: Excavating & Grading Permit, Kaufhold, 9999 10t" St.: (changed to Agenda Item 813) A grading permit has been submitted by James Kaufhold, 9999 10a' Street, which involves leveling material left behind from filling done by a previous owner, and improving the drainage in other areas. The Mayor opened the Public Hearing at 7:25 p.m. The Public Hearing was closed to Public Comment at 7:26 p.m. No one spoke for or against the Kaufliold Excavating & Grading permit. LAKE ELMO CITY COUNCIL MINUTES DUNE 20, 2006 0