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CITY OF LAKE ELMO CITY COUNCIL MEETING, JULY 31, 1979 Mayor Armstrong convened the meeting at 6:40 p.m. Councilors in attendance: Mottaz, Morgan, Johnson and Pott. Also present, Administrator Whittaker and Engineer Bohrer. AGENDA: Addition to the agenda to include Agenda for the August 1 meeting. KIESTER SUP FOR FILL: Mayor Armstrong reviewed the file and the recommendation of the Planning Commission. Mr. Kiester will be displacing 1/6 of an acre foot of water by filling. He desires to fill in order to make his property more useable. The ground water on his property is higher due to the driveway to the north. The fill is all above the high water mark, and will contain no more than 300 yards. The Administrator had an inquiry about adjacent unbuildable lots adding fill to the same elevation to make them buildable. The administrator indicated that obese lots would remain unbuildable even if fill were added to the 889.7 elevation. Pott moved, Johnson seconded, to accept the recommendation of the PZC and approve the SUP for Charles Kiester to add up to 300 cu. yd. of full, not to exceed the 889.7 elevation. This approval subject to the recommendations of the City Engineer. Motion carried 5-0. The Council expressed concern about other residents adding fill in this area without the necessary permits. Any change in topography by filling necessitates a Special Use Permit. Armstrong moved, Morgan seconded, the Building Inspector submit to to the Council any building permit application with lots adjoining any stream, lake, pond, water storage area, etc. before said permit can be issued. Amendment to the motion — this requirement to be a temporary enforcement measure until a City policy document is drafted. Motion carried 5--0. The City Engineer was requested to ascertain the natural waterway through this area. FIRST STREET AND IMMANUAL ASSESSMENT HEARING — This project was petitioned for by the area residents, ,and together with the City Engineer an economically feasible project was designed. Tom Noyes, City Engineer, agreed to the assessment roster on 6-5-78. The assessment was to be divided into eight shares. The project is complete and the breakdown of the assessment is being questioned. Also questioned, was the condition of the curb. Engineer Bohrer indicated a bituminous curb was deleted from the contract. The Engineer will inspect the area for poot material or workmanship. Mr. Kimbrel, owner of the duplex at the time of the project, indicated he did not feel he should be paying 1/4 of the total assessment. He does not feel he is benefited any more than the surrounding residents. ( He desires the total amount be divided equally among the seven property \, owners.