Loading...
HomeMy WebLinkAbout08-07-01 CCMApproved - August 21, 2001 Lake Elmo City Council Meeting Minutes Tuesday, August 7, 2001 Mayor Hunt called the meeting to order at 7:00 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 Dillemd, Attorney Filla, Engineer Prew, Finance Director Berg. Pledge of Allegiance 1. Agenda Administrator Kueffner requested deletion of item 14.A - Variance Comparisons. Council Member DeLapp requested discussion of lighting at Machine Shed Restaurant site. M/S/P Armstrong/Siedow - to accept the agenda, as amended. (Motion Passed 4.0). (Duim out of d"nl-rs for thisma) 2. Minutes M/S/P DeLapp/Armstrong - to approve the Minutes from July 17, 2001, as presented. (Motion Passed 5-0). 3. Claims M/S/P DeLapp/Siedow - to approve Resolution No. 2001-051, for Claim numbers 18976 through 19026 in the amount of $72,224.05. (Motion Passed 5-0). 4.A Public Inquiries 1. Gloria Knoblauch asked when the City Council would be meeting with the business owners. Mayor Hunt said that issue was on the Planner's plate. Planner Dillerud said he had sent out the RFP's for the Old Village regarding zoning and community facilities, and had not yet received responses, but would bring to the next City Council meeting. M/S/P Siedow/Armstrong - to direct staff to add discussion of meeting with Lake Elmo Business owners at the August 21, 2001 City Council meeting. (Motion Passed 5-0). 2. Arlene Fisher read a prepared letter (anadxal). Ms. Fisher stated her concerns regarding the Shafer Mining operation as: children (ages 3 and up) playing in the pits on Sundays; steep slopes; inconsistent buffer between her home and the pit; removal of topsoil by mining operation; destruction of tree root -stock; constant noise which rattles and shakes her home; her mother is distraught, and nearing a breakdown due to the mining operation. City Council Minutes Tuesday, August 7, 2001 page 1 Planner Dillerad stated that Shafer Mining officials were aware of where the property lines are located. Council Member DeLapp said that he felt residents have had to deal with this brutal terror for over a year; this is no playground for children; hopes for some insight which may lead to a time -line for an end to the mining; believes this may be an issue of health, safety and welfare. Mr. Lammers, a resident, said he was very concerned about how steep the sides of the pit were, and thought they could not hold out against a strong rain, and might cause huge erosion problems. Attorney Filla stated he has met with the cooperative Shafer Mining officials, and stated they would respond to the issues raised. Planner Dillerud stated he had also met with Shafer officials to check the operation for compliance with their Conditional Use Permit; and put Shafer on notice for the "house shaking" issue. Council Member Dunn reminded staff to be sure Shafer Mining officials received all City communications. Mayor Hunt said that, perhaps Metropolitan Council would be interested in this issue. Administrator Kueffner stated all incidents at Shafer Mining have been well documented by staff. Council Member DeLapp stated that he wants bi-weekly updates regarding the Shafer operation, and put staff on notice to keep a vigilant eye on the situation. He suggested that the County has installed fences around its muting operation sites. Planner Dillerud said parents should be responsible for their children; efforts to remove ATV access has been addressed by Shafer officials; and, Shafer officials do "police" their property. 3. Dean Johnston stated he was an avid recycler, and was dismayed when he learned where his waste goes. He asked if residents and haulers know the current City [recycling] guidelines. Administrator Kueffner said all City -licensed waste haulers are aware of the guidelines, and stated she would send them (Maroney's) a reminder letter that the Municipal Code is very specific regarding recycling requirements. She suggested informing residents by an article in the City Newsletter. 4.13 Introduction of new Animal Control Officer — Kathi Pelnar Administrator Kueffner explained that the City had been without an Animal Control Officer since Mike Smith's resignation. She said Washington County had been covering for the City, and that she asked Kathi Pelnar to start immediately because Washington County did not have the necessary equipment to handle the task on a full-time basis. She introduced Ms. Pelnar, and requested that the City Council ratify her hire. City Council Minutes Tuesday, August 7, 2001 page 2 Kathi Pelnar explained that she serves as Animal Control Officer to several surrounding communities, and said she preferred that residents contact her directly, and provided her phone and pager numbers 715-386-7789 and 612-534-7510. M/S/P DeLapp/Armstrong - to appoint Kathi Pelnar - Human Animal Control - as the City's Animal Control Officer retroactive to July 25, 2001, and that the City Administrator and City Attorney prepare a Contract as expeditiously as possible for Council review and acceptance. (Motion Passed 5-0). 4.0 Appointment to Planning Commission Special Projects - Environmental and Solid Waste: James Kelly. Administrator Kueffner introduced James E. Kelly as the applicant for the current vacancy on the Planning Commission Special Project - Environmental and Solid Waste. Mr. Kelly said he was pleased to be appointed to the Special Projects Planning Commission. Council Member DeLapp suggested Mr. Kelly be pro -active. M/S/P Dunn/DeLapp - to appoint James E. Kelly, 2902 Lisbon Avenue North, to the Lake Elmo Planning Commission - Special Projects: Environmental and Solid Waste. (Motion Passed 5-0). 4.D Approval of Stormwater Grant by Washington County Soil & Water Conservation: Jeff Berg Washington County Landuse Conservationist/Planning-Commissioner/Resident Jeff Berg Announced that the State Board of Water and Soil Resources approved the joint application in the amount of $40,000.00 for implementation of the 50`h Street Innovative Stormwater Management Project. He thanked Council Members DeLapp and Dunn for their assistance. He also thanked Representative Lipman and Senator Bachman for a great partnership. Finally, he thanked the residents of 50`h Street for feedback, and requested the Council arrange for an hour-long meeting with the residents. He said the funds were only for implementation of the landscaping materials, and not maintenance. Council Member Armstrong asked that staff is made aware that maintenance would be required and would be provided by the City. 4.E Vacancy on Brown's Creek Watershed District Administrator Kueffner explained that there is a vacancy on the Browns Creek Watershed District, noting the terms of Karen Kilberg, and Craig Leiser both expire in October 2001. She said not many residents in Lake Elmo live within the Watershed District. Resident Carol Palmquist-Eilers agreed to apply for the position M/S/P DeLapp/Dunn - to recommend Carol Palmquist-Eilers apply for the vacancy on the Browns Creek Watershed District, noting they have no concerns regarding the current selection procedure, but encourage strong consideration of a Lake Elmo resident. (Motion Passed 5-0). City Council Minutes Tuesday, August 7, 2001 page 3 5. New Business NO NEW BUSINESS 6. Consent Agenda A. 2001-2002 Ski Trail Agreement with Washington County Council Member Dunn asked that staff look into DNR Food Lot at Sunfish Lake Park on year- round basis. M/S/P DeLapp/Siedow - to approve the 2001-2002 Ski Trail Agreement with Washington County - Amendment No. 3, and direct the Mayor and City Administrator to sign said agreement. (Motion Passed 5-0). 7. Maintenance/Park/Fire/Building A. 55h Street North Closure Planner Dillerud explained that on June 19, 2001, the City Council heard comments from resident Chip Longacre with regard to the alternative plan for the closure of 55`h Street North suggested by staff for the closure of 55`' Street North. He said staff was directed to contact Oak Park Heights and conduct a workshop for interested area residents - both regarding the road closure alternatives under consideration. He said the original plan would close 55`h Street North at a point approximately 1,200 feet west of State Highway 5, creating a 3,700-foot cul-de-sac street from Highway 26 south, and then east on 55`h Street. The alternate plan would cul-de-sac 55`h Street on both sides of the existing road section that crossed between 2 existing ponds along the Manning Avenue segment of the street -thereby creating a 2,900 foot 55`h Street/Manning cul-de-sac from the east and a 1,200 foot cul-de-sac from the north. He noted the center section of the existing road (Manning, between the ponds) would be abandoned, and possibly removed to connect the two ponds with open water rather than a culvert. He noted that Oak Park Heights representatives revealed no issues with the proposed closure location. Mr. Longacre presented a letter to the City Council from resident Bernie Nass (attached). Resident, Vince Eilers said he was concerned about the location of a cul-de-sac at their property line, and said he prefers to see it situated to the east. Administrator Kueffner suggested foregoing providing some type of emergency access arrangement at the cul-de-sac to permit City use of 55`h Street from the east for heavy repair equipment that may need to access to Well #2. Engineer Prew said a "hammerhead" would be located near the Longacre/Palmquist/Eilers property, and a berm/landscaping would be installed as a separation later this fall. Council Member Armstrong asked staff if Public Works Supervisor Olinger concur with this plan. Staff answered, "No." M/S/P Siedow/Dunn - to move the 55" Street cul-de-sac westerly to a point adjacent to the Palmquist/Longacre property line - to allow access from the east to both Palmquist driveways onto 55`h Street and proceed with a minimal hammerhead. City Council Minutes Tuesday, August 7, 2001 page 4 (Motion Passed 4.1). Opposed: Armstrong - Public Works Department has concerns with equipment access -this was the reason it was brought up. 8. City Engineer's Report Engineer Prew reported that the bids were out for Well #3, a site has been designated and it will serve just the 120 acres of Eagle Point Business Park. He also stated 50`h Street construction would commence on Monday, August 13, 2001. 9. Planning, Land Use, and zoning A. Minor Subdivision - Krueger Estate/Graupner/Krueger Planner Dillerud stated at its July 23, 2001 meeting, the Planning Commission unanimously recommended approval of what amounts to a lot line arrangement by the process of minor subdivision to detach the 15 acre portion of the existing 50 acre Krueger Estate parcel lying north of 43'd Street, and combine portions of that 15 acres with adjoining parcels (3+ acres to Graupner, and 12+ acres to Neil and Deb Krueger). He explained that the balance of the Krueger Estate parcel, which is 34+ acres all lying south of 43 a Street would remain a single parcel. He explained that each of the tax parcels resulting from these actions would either become less non -conforming as to lot area, or exceed the zoning district standard. He noted that the action(s) would also provide new easements to the City for both 43'd Street and Kimbro Avenue. M/S/P Armstrong/Dunn - to approve Resolution No. 2001-052 dividing the Raymond F. Krueger Estate. (Motion Passed 5-0). M/S/P Dunn/Siedow - to approve Resolution No. 2001-053 combining Krueger Estate and Graupner parcels. (Motion Passed 5-0). M/S/P Dunn/Siedow - to approve Resolution No. 2001-054 combining Krueger Estate and Neil and Deb Krueger parcels. (Motion Passed 5-0). B. Final Plat - Replat of Block 1, Eagle Point Business Park Planner Dillerud explained that the City Council approved amendments to the original Heart of America site plan in January of 2001 to enlarge the site of the restaurant/hotel to accommodate increased off-street parking. He noted that a condition of the site plan amendment was a Minor Subdivision of Lot 1 and Outlot A of Block 1 to reflect the site plan amendment. He said the proposal is to moved Lot 1/Outlot A property line 42 feet easterly, increasing the size of Lot 1, and decreasing the size of Outlot A by approximately 28,400 square feet. He said the applicant also requested vacation by the City of the existing 5-foot drainage and utility easements on either side of the present Lot 1/Outlot A property line - which are re-established in a new location by the replat. He also noted that staff would publish Notice of the Hearing to vacate the easements for the Council meeting of August 21, 2001. M/S/P DeLapp/Armstrong - to approve Resolution #2001-055, approving the Final Plat of the "HOA Addition", subject to a condition regarding the vacation of property line drainage and utility easements. (Motion Passed 5-0). City Council Minutes Tuesday, August 7, 2001 page 5 C. Ordinance Regulating Amateur Radio Towers Planner Dillerud presented an Amateur Radio Tower Ordinance for adoption by the Council - with some minor editorial modifications made by the City Attorney and City Administrator. He said since this was not part of the zoning ordinance, a simple majority was required to adopt the ordinance. M/S/P Siedow/Armstrong - to adopt Ordinance No. 97-84, as Section 1396 of the City Code, regulating Amateur Radio Towers. (Motion Passed 5-0). 10. City Attorney's Report NO REPORT 11. City Council Reports A. Mayor Hunt Mayor Hunt presented a photograph of lighting fixtures submitted by a resident. The Mayor stated he provided the resident with Council Member DeLapp's phone number in order to discuss the lighting ordinance with him. Mayor Hunt announced that Carriage Station would have Lake Elmo addressed, as opposed to the previous Stillwater addresses. He presented a flyer regarding Grant Funds for the clean up of contaminated land. He announced Huff `N Puff activities for August 9-12. B. Council Member DeLapp Council Member DeLapp said Washington County held a Public Hearing regarding Towers in Stillwater Township and the vote was to allow 135' and "silo" shaped structures. He stated he had flown over the river -ways to Guttenberg, Iowa and observed the development along the river and bluff areas. He presented a Minnesota Land Trust Conservation portfolio. C. Council Member Dunn Council Member Dunn said she had participated in the " Relay for Life" which was well represented by Lake Elmo residents and sponsored by the Lake Elmo local businesses. D. Council Member Armstrong Council Member Armstrong said Council Member DeLapp was quoted in the St. Paul Pioneer Press regarding funding for the Stillwater Bridge. She said that the CR13 and 4' Street should have semaphore due to yet another serious accident at the intersection, and hoped that the process was proceeding. E. Council Member Siedow No Report 12. Unfinished Business None Reported City Council Minutes Tuesday, August 7, 2001 page 6 13. Finance Director's Report A. Resolution authorizing signatures on Lake Elmo Bank accounts. M/S/P DeLapp/Armstrong - to approve Resolution No. 2001- the addition of Terry J. Berg to the signature cards at Lake Elmo Bank. (Motion Passed 5-0). B. Resolution declaring intent to reimburse expenditures from water improvements project. Finance director Berg stated the City intended to sell revenue bonds to fund the various water improvements scheduled for 2001 and 2002. She noted the law provides that the City may be reimbursed for expenditures, but a resolution needs to be adopted for this to occur. M/S/P Dunn/Siedow - to adopt Resolution No. 2001-057, approving City intent to reimburse for certain expenditures associated with the water improvements project. (Motion Passed 5-0). C. Resolution declaring intent to reimburse expenditures from street projects for 501' Street and 1511' Street. M/S/P Dunn/Siedow - to adopt Resolution No. 2001-058, approving City intent to reimburse for certain expenditures associated with the 50`h Sheet and 15'h Street improvement projects. (Motion Passed 5-0). Mayor Hunt adjourned the meeting at 8:50 p.m. Respectfully submitted, Cynthia Young - Secretary City Council Minutes Tuesday, August 7, 2001 page 7 0 PoIarUes iWA10 0420 346 St, N. Lake Elmo, MN 5504,q. August 7, 2001 The Honorable Lee Hunt, Mayor of Lake I?Imo and City Couacil Lake Elmo City Hall 3800 Lavetn Avenue Lake Elms, MN 55042 Dear Mayor Hunt and Members of the City Council of Lake Elmo, I would )&a to bring to your attention a matter of salons ootrcetm :for ply neighbor*atnd 1. ShaRtt Construction Company started mining behind ourhmtse on Monday Jusie'25, 2(]01. At this time, they did nothing to ensure the safety of the surrounding neighborhood. It wastl't'until one month later, on Saturday, July 28, 2001, that they "erected" a £lilusy 4' orange Plastic f0nce around the three sides of the pit they had oraated. This was long attar they had 193 Old 69 a hop mote that had a 75'-100' vertical drop directly behind our house, This dirt Pit Poses as a danger to neighbo&ood children and pets. fhb Pit is a draw for neigitborhocd kids, who play and ride their dirt bikes In $ dRer the workers leave for the day. Also I fear, that with this abrupt cliff they have created, shoo the have a Heavy rain, that "the back of my PrApotty will turn into a mod slide. l am also seriously cortoerhed about.i*e possible contamination of our well. Ck r house is built approximately 50 fat f om rite propwty.hrlp= t ere they era digging. For the past 7 weeks, we have enthused constant nr out incise. Every minor® for 12 hours a day, from rattle, the walls make terrible grinding noises, and F,va;.momting we are shook out afbad. The lig! Hoavy oil paintings and mirrors are hangings . MY steep at 4 AM by two very strong uemersl It earthquake attershocks, 12 hoots a day, 6 days a M serious atruciural damage to our W oe and its folk watching my house being destroyed 1hv theaeonsue am worst`iOFAII continuous violent shaking of I NOW d6oh window frames, and china ;OW4a steps shake, Even our toilets shake all of our°coiling fixtures are shaking loose. rO walls. On July 24, 2001, I was Jolted front house is being subjected to the equivalent of It past 7 weeks. This undoubtedly is causing ie stress it Is punhhg me through, helplessly is intolerable, l SA you, the .Maya and 61Wy C 00c.il oft lire Elmo, I would like to know how tong do I have to endure this and who will be l hold emo tonal .�or the atructtval damage to my home and that of my ncighbora, not totter U q duo mental and je, Thank d itss this is causing us 7 Please take it upon. yourselves to resolve this matter as quickly as'Posstble. Thane; y®ei On the advise of toy attorney lan.4 ,79 tending a copy of ehls'letter to Shafer Construtlion Company, Vat Sirioaely yours, Mercies Jadcle To: The City Council, City of Lake Elmo From: Bernie W. Nass 5641 Manning Ave. Date: August 6, 2001 Re: Placement of cul-de-sac on 55`h Street Dear Council: In regard to the question of where a cul-de-sac and Manning Avenue corridor, I am in favor o location on 55`h Street. Thank you, fit _e �«- Bernie Nass be placed to close 55a Street is g'the cul-de-sac at the original ACCOUNTS PAYABLE - AP4007 AP TRANSACTIONS BY VENDOR 8:04PM 10/16/01 CITY OF LAKE ELMO PAGE 2 VENDOR ACCOUNT NUMBER BAT TRN AMOUNT NUMBER VENDOR NAME INVOICE DESCRIPTION 100 0000 20730 TIOB 61 -5.36 000142 JAMES SACHS SIC SEC MACHINE CHECKS 674.64 100 4220 41030 T10B 58 1,100.00 000147 RICHARD SACHS, SR 3RD QTR FIRE COMPENSATION 100 0000 20730 ,T10B 59 -9.95 000147 RICHARD SACHS, SR SOT SEC MACHINE CHECKS 1,090.05 602 4945 43000 T10B 3 37.21 000183 QWEST HUDSON LIFT STATION MACHINE CHECKS 37.21 100 4220 41030 T10B 42 420.00 000302 MIKE HANDLOS 3RD QTR FIRE COMPENSATION 100 0000 20730 T10B 43 -7.65 000302 MIKE HANDLOS SOC SEC MACHINE CHECKS 412.35 100 4220 41030 T10B 44 520.00 000303 CHAD SONMOR 3RD QTR FIRE COMPENSATION 100 0000 20730 T10B 45 -B.42 000303 CHAD SONMOR SOC SEC MACHINE CHECKS 511.58 100 A220 41030 TICE 46 390.00 000304 MIKE TREMAIN 3RD QTR FIRE COMPENSATION 100 0000 20730 T10B 47 -6.89 000304 MIKE TREMAIN SOC SEC MACHINE CHECKS 383.11 100 4220 41030 T10B 6 630.00 000305 BJORKMAN, JAMES 3RD QTR FIRE COMPENSATION 100 0000 20730 T10B 7 -7.65 000305 BJORRMAN, JAMES SOT SEC MACHINE CHECKS 622.35 100 4220 41030 T10B 38 240.00 000306 STEVE HOBDAY 3RD QTR FIRE COMPENSATION 100 0000 20730 T10B 39 -2.30 000306 STEVE HOBDAY SOC SEC MACHINE CHECKS 237.70 ' 100 4220 41030 T10B 40 190.00 000307 BONNIE COLLYARD 3RD QTR FIRE COMPENSATION 100 0000 20730 T10B 41 -2.30 000307 BONNIE COLLYARD SOC SEC MACHINE CHECKS 187.70 100 4220 41030 T10B 12 340.10 000310 JOHN EDER 3RD QTR FIRE COMPENSATION 11yN ESpJ9 400 Trade & — Economic Development Business & Community Development GRANT FUNDS 04�forlhe kre FOR THE CLEANUP OF CONTAMINATED LAND! You are invited to attend workshops hosted by the Minnesota Department of Trade and Economic Development (DTED) and the Metropolitan Council (Met Council) to learn about programs that assist in the cost of cleaning up contaminated land. The workshops will focus on the Metropolitan Council and which have approximately $7.5 million available in grani cycle. Funding is available through these Programs for . project costs associated with the cleanup. For met,,, Program also offers funding for asbestos and hazard0L addition, representatives from Hennepin Count,&Works, th the Minnesota Department of Commerce, the inhesota be Pollution Control Agency will provide important informah the areas of: * Agricultural * Dry Cleaner * Petroleum cl -!, Soil and gro i= Cleanup loan; TED Contamination Cleanup Programs Inds for, -the November 2001 funding I and groundwater cleanup and other applicants' the Metropolitan Council material abatement in buildings. In Minnesota Department of Agriculture, tment of Revenue and the Minnesota about additional funding available in MPCA Programs Attendees d"re welcome at anyone of the workshops: They are free of charge and no ,RSVP is necessary. Please join us.. In the Metro Area: Wednesday, September 12, 2001 9:00 a.m. to 12 noon Woodbury City Hall 8301 Valley Creek Road Woodbury, Minnesota 1.5 miles west of I-494 at Radio Dr. In Greater Minnesota: Friday, September 14, 2001 10:30 a.m. to 12 noon Initiative Foundation 405 5.E, First Street Little Falls, Minnesota Traveling West on Hwy 10, take the first Little Falls exit (County Road 76), County Road 76 will turn into 5.E. First 5t. Note: The DTED application has been updated for FY2001-2002. Come to the Workshop or call us to to receive a new application. 651-297-1305. Thursday, September 13, 2001 9:00 a.m. to 12 noon Golden Valley City Hall 7800 Golden Valley Road Golden Valley, Minnesota I block north of Hwy 55 and Winnetka *The next application deadline for DTED and Met Council applications is November 1, 2001 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 2. White Wolf Complaint Attorney Shoeberg stated he is working in this issue, and that the trailer should be removed by August 15th Council Member DeLapp asked if there were any penalties, such as a fine. Attorney Shoeberg said the City would enforce the Code to some conclusion that is consistent with the ordinance, and asked for some suggestions to allow the City to recoup some costs. 3. Bodziak Complaint Attorney Shoeberg said the Bodziak's had no money to complete the project. He offered two suggestions — complete the project with a new timeline, or restore the project, with City dollars. Mayor Hunt asked how that could be accomplished. Attorney Shoeberg said the Bodziak's could be assessed, and also stated the structure is definitely unsafe. Council Member DeLapp concurred by stated the structure is indeed unsafe, and must be torn down. 4. Hilyar Complaint Attorney Shoeberg said he is approaching the situation as a dis-orderly, unsafe structure. He said although there is no transfer mechanism at this point, his advice is to force forfeiture. The City Council agreed with Attorney Shoeberg. Mayor Hunt adjourned the workshop at 6:45 p.m. Respectfully submitted, Cynthia Young City Council Workshop — Complaints Tuesday, August 7, 2001 page 2 Mayor: Lee Hunt LaKe Elmo City Councit Councilmembers: Steve DeLapp Tuesday 3800 Laverne Avenue No. Lake Elmo, MN 55042 Susan Dunn Rosemary Armstrong Chuck Siedow August 7 2001 777-5510 777-9615 (fax) LakeElmoMK@aol.com E-Mail Please read: Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. 6:00 p.m. Workshop with Kevin Shoeberg, Prosecuting Attorney Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes July 17, 2001 3. Claims 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries B. Introduction of new Animal Control Officer — Kathi Pelnar, Humane Animal Control Service C. Appointment to Planning Commission Special Projects — Environmental and Solid Waste: James Kelly, 2902 Lisbon Avenue N. D. Approval of Stormwater Grant by Washington County Soil and Water Conservation: Jeff Berg E. Vacancy on BCWD 5. NEW BUSINESS: 6. CONSENT AGENDA: A. 2001-2002 Ski Trail Agreement with Washington County 7. MAINTENANCE/PARK/FIRE/BUILDING A. 55'h Street North Closure Lake Elmo City Council Agenda August 7,2001 Page. 9 8. CITY ENGINEER'S REPORT: Tom Prew A. Verbal Update on Well #3 9. PLANNING, LAND USE & ZONING: C. Dillerud A. Minor Subdivision(s) —Krueger Estate/Graupner/Krueger B. Final Plat — Replat of Block 1, Eagle Point Business Park C. Ordinance Regulating Amateur Radio Towers 10. CITY ATTORNEY'S REPORT: It. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Armstrong E. Council Member Siedow 12. UNFINISHED BUSINESS: 13. FINANCE DIRECTOR'S REPORT: A. Resolution authorizing signatures on Lake Elmo Bank accounts B. Resolution declaring intent to reimburse expenditures from water improvements project C. Resolution declaring intent to reimburse expenditures from street projects for 50"' Street 14. CITY ADMINISTRATOR'S REPORT A. Variance Comparisons: Kiesling, et.al.