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E. Report on Conference: Jim McNamara Lake Elmo Building Official, Jim McNamara, reported on his attendance at the I.C.B.O Evaluation Services conference in Los Angeles on January 6-8, 1999. F. Date of Local Board of Review changed At the January 5's meeting, the City Council announced the Local Board of Review is scheduled for April 20, 1999, from 4:00 p.m. to 6 :00 p.m. Because this is a City Council meeting night, the date has been changed to Wednesday, May 5, 1999 from 4:00 to 6:00 p.m. at City Hall. G. Oak Park Heights Planning Commission Public Hearing The Oak Park Heights Planning Commission will continue its public hearing on their comprehensive plan on Thursday, January 21, 1999 at 7 p.m. City Planner Dillerud will attend and reiterate the City's opposition to sections of the Oak Park Height's comprehensive plan. M/S/P Hunt/DeLapp — to direct the City Administrator to prepare a letter to the Oak Park Heights Planning Commission expressing the Lake Elmo's opposition to the aforementioned sections to Oak Park Heights Comprehensive Plan. (Motion passed 5-0). 5. CONSENT AGENDA: A. Sand Creek Renewal Agreement Administrator Kueffner reported the City is required by Federal Law to have a Drug Testing Program in place for anyone that operates heavy equipment for the City. The City contracts with Sand Creek for that service, which also includes an Employee Assistance Program. The annual fee has not increased, and staff recommended approval of this agreement. M/S/P DeLapp/Siedow — to approve renewal of the Employee Assistance Program contract with Sand Creek at a cost of $750 per year. (Motion passed 5-0). 6. MAINTENANCE/PARK/FIRE/BUILDING: A. Appointments to Parks Commission Karen Leach has indicated her desire for reappointment to the Parks Commission. Applications from David Steele and David Pletscher have been received. M/S/P DeLapp/Dunn — to appoint Karen Leach to a three year term on the Parks Commission (January, 1999 through December 2001); and to appoint David Steele, 9576 55`" Street N., and David PletschW771 Julep Avenue N., to the Parks Commission as first and second alternate respectively. (Motion passed 5-0). Appeal to Administrative Action: Steve and Joan Ziertman. The Building Official determined the set back for the snow fence to be 125 feet from the south or east property line of his property. Steve and Joan Ziertman, 5761 Keats Avenue, are appealing the direction of the Code Enforcement Officer's letter dated December 10, 1998. The Ziertman's have furnished background information on several issues, which goes beyond the scope of this specific appeal, but they thought it necessary to give the Council this background information. According to Attorney Filla, the Zierhnan fence was constructed in November of 1997. If the fence was in compliance with the City Code in 1997, it became a non -conforming accessory use on December 4, 1998. Non -conforming accessory uses are allowed to continue for a reasonable length of time, but cannot be expanded. LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 1999