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Approved September 4, 2001 City Council Workshop with Kevin Shoeberg, Prosecuting Attorney August 7, 2001 Mayor Hunt opened the Workshop at 6:03 p.m. in the Council Chambers of City Hall, 3800 Laverne Avenue North, Lake Elmo, Minnesota. Present: Council Members Armstrong, DeLapp, Dunn and Siedow. Also present: Administrator Kueffner, Planner Dillerud, Attorney Shoeberg, Engineer Prew, and Finance Director Berg. 1. Northrup/Miller Complaint Attorney Shoeberg reviewed the Miller/Northrup complaint and presented photographs of both sites. He stated he would not pursue the removal of the Miller accessory structure because it was already there. He noted the problem with the impervious surface on lots was there is no before/after engineering data available, therefore, he took the Northrup/Miller's word to be true. Council Member Dunn said she had visited the site and observed the flower boxes and saw no problems there. She also stated the erosion control was done in a tasteful manner, and thought the drainage problem had been corrected. She said she hoped for a peaceful solution to the issue. Council Member Armstrong asked Engineer Prew about the drainage pipe. Engineer Prew said a pipe was installed and was working properly, but possibly a larger pipe to the lake may be necessary. Mr. Rich Miller explained that his house was built in 1968, and the water flowed from the west to the east. He said nothing had changed since then, so what is the reason the Northrup's installed a berm. Mr. Miller noted he offered 30 years of history regarding the site. Mr. Northrup said he filled in the low areas, which had been sinking for 14 years. He said he had gone to a lot of expense installing drain tile and gutters. He also stated that the City Building Official told him he should and could put about 20 yards of fill in the low area. Attorney Shoeberg said the City can not make a decision, but did give the Miller's/Northrup's a time frame to remedy the situation. He again reminded all parties that the City can only follow the guidelines set forth in the Code, and this is a private issue. Council Member Siedow said he lives in the same general area, and knows there can be water problems, stating he has them in his own yard. He said the City Council should enforce the Code. Mayor Hunt and Council Member Armstrong both urged the parties to solve the problems among themselves. Council Member DeLapp stated Lake Elmo is a special lake, and hoped the solution was not to dump into the Lake. He stated that Lake Elmo has very high water quality, and the solution to correct runoff issues on developed lakeshore should include methods to provide natural purification of the stormwater prior to entering the lake, City Council Workshop — Complaints Tuesday, August 7, 2001 page 1