The URL can be used to link to this page

Home My WebLink About04-09-02 CCMSPECIAL MEETING OF THE LAKE ELMO CITY COUNCIL TUESDAY, APRIL 9, 2002 Mayor Hunt called the special meeting to order in the Council chambers. PRESENT: Armstrong, Siedow, DeLapp, Dunn, City Planner Dillerud, City Engineer Prew, City Attorney Filla, and Administrator Kueffner. Attorney Sellergren, representing Shaefer Mining, was present to listen to the major issues and concerns raised by the neighbors. There were neighbors that were thankful for efforts of Shafer to remain a good neighbor. Marls Schulz, 4030 Isle Avenue N., presented a memo with their listed concerns. Discussion followed on the presented concerns and proposed solutions. This memo is made part of the minutes. Doug Taylor, 8586 Lake Jane Trail, complained on the irritating noise of the back-up warning devices and the exhaust emission of the diesel trucks. He stated that one family had to leave the neighborhood because of having an asthmatic condition. Council member Seidow suggested adding diesel kits to the vehicles. Residents reported there were several near misses involving trucks exiting the mine site onto Jamaca Avenue and vehicles that are southbound on Jamaca. It was noted that the mine entrance is screened by brush such that southbound vehicles on Jamaca cannot easily see trucks approaching from the mine site. A resident on Isle Avenue believed Shafer is digging in their water table because there was standing water in the holding pond at the lowest mine elevation. He also voiced his concern on the possibility of contaminants in the holding pond water. Attorney Filla explained there are state and local laws that prohibit using property without landowners consent. The problem is you need to catch the people. Once they're caught, there is no problem enforcing the regulations. Filla suggested a neighborhood watch. Larry Schendel, 3870 Jamaca Avenue, offered his driveway for the Washington County Deputies to use to get into the pit and pick up the ATV violators. There has been damage to yards and landscaping. He has called the Washington County Deputies, who got rid of the ATV's but didn't give them tickets. A question raised was what will happen after Shafer Mining is done. Staff replied it will look like hills and valleys. The City has a 2' contour map which shows what will be done if neighbors want to look at it. Planner Dillerud will make a walk through inspection of the mine site within the next 30 days, with a report to the Council within two weeks of the inspection date. Dillerud added that he would prefer a walkthrough when Shafer is in operation. A meeting will be scheduled and affected property owners will be notified. Council Workshop Schedule a Personnel workshop at a special meeting Monday, April 15U' at 5:30 p.m. 1. Approve Ordinance rezoning 9730 Hudson Blvd from HB to LB M/S/P DeLapp/Dunn — to adopt Ordinance No. 97-106 approving the rezoning of 9730 Hudson Blvd. from HB (Highway Business) to LB (Limited Business). (Motion passed 5- 0). 2. Financial Workshop The Street CIP is delayed because Dan Olinger being away from work. Mayor Hunt indicated Page 8 is the best overall plan of all and officially request water from Oakdale. Finance Director Berg stated we are not collecting enough revenue for water operation at least for the last fours years according to the audit report or collecting for infrastructure. Operating revenues were not covering expenses. Terry asked for direction on which option to proceed. Council member Armstrong stated John Arkell didn't have to put the 109 houses in and we didn't have to approve this. Council member Siedow thought Option 98 looked good, increase the rates and the money would go into the fund. M/S/P Siedow/Hunt — to approve Page 8 schedule set up without interest, as presented. (Motion passed 4-1:Armstrong didn't like it in the first place.) Adjourn 7:25 p.m. Lake Elmo public meeting 4/9/02 regarding the mining site used by Shafer Construction Comments from: Mark and Theresa Schulz 4030 Isle Avenue North Lake Elmo, MN 55042 Preface: We understand Shafer Construction is operating at the mitring site legally and with a valid conditional use permit. Although we do not like the fact that they are there mining, we will not address that issue here. We appreciate the fact that they created a large dirt berm to help ward off some of the offensive noise and dust corning from the field. But we have some remaining concerns: Concern #1: Illegal use of the mining site by people on dirt bikes, motorcycles, all -terrain vehicles, and snowmobiles. • The noise of these vehicles is obnoxious, especially in the warm months when we have our windows open. • Many of these people get to the mining site by riding directly over our front lawn or backyard without our permission, often leaving tire marks and damaging the lawn. • We have planted dozens of small spruce trees on the side of our property that borders the mining site, only to find several of them have been run over and destroyed by the people riding the motorized vehicles illegally in the mining site (and on our adjoining property). • We have repeatedly talked to the people who are out there on their motorized vehicles and asked them to stay off our lawn and not ride along our home. But they ignore our requests. • We have repeatedly called the Washington County Police to come out and inform these people they are at the mining site illegally. The police do usually eventually come out, but it is often more than an hour after the call was made, so the people on the motorized vehicles are often already gone. Proposed solutions to concern #1: 1) Post no trespassing signs with warnings of punishment. 2) Post regular notices in the Lake Elmo newsletter that this site is off limits and trespassers will be fined. 3) Mail letters to inform residents that this field is off limits and violators will be fined. 4) Have the police respond promptly (when they can) and issue tickets/impose fines. Concern #2: Unsafe and dangerous driving by the Shafer Construction vehicles. • Several times we have had to slam on our brakes when driving on Jamaca Avenue because these large trucks hauling in and out of the mining site often do not stop at the stop sign before pulling out onto Jamaca Avenue. This is illegal and creates a very dangerous situation for the public. Proposed solutions to concern #2: 1) Shafer Construction to inform its drivers of the complaints and the requirement that they come to a complete stop at the stop sign. 2) Police monitoring of the area. Concern #3: Water drainage from properties adjacent to the mining site. When the berm around the mining site was built, a space was left to allow proper water drainage from the higher land areas adjacent to the mining site into the lower land areas in the mining site. While this break in the berm has been efficient at accomplishing this goal, it also provides easy access for people who illegally use the mining site (see concern # 1 above). As this access is adjoining our property, it encourages people to trespass across our backyard to get to this access point. We see many trespassers throughout the year accessing that opening in the berm. Proposed solution to concern #3: 1) Install one or more large culverts through the bean to allow proper water drainage, then close the space in the berm. It is especially important that these culverts been large enough to fully accommodate the large amounts of water drainage that flows through that area, especially in the spring. Concern #4: Continued intermittent use of back-up horns on trucks and equipment used in the mining site. • The use of the back-up horns on vehicles in the field has been greatly reduced in the past year, and Shafer Construction is to be commended for this effort. However, back-up horns are occasionally still used, and the noise is very loud and annoying. Proposed solution to concern #4: 1) Shafer Construction to make certain that back-up horns are disabled when working in the field. CITY Of LAKE ELMO Phone: 651-777-5510 City of Lake Elmo Fax:651-777-9615 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042 SPECIAL MEETING OF THE LAKE ELMO CITY COUNCIL TUESDAY, APRIL 9, 2002 The Lake Elmo City Council will meet for one hour Public Forum at 5:30 p.m. with Shafer Mining and property owners in the vicinity of the Shafer Construction gravel mining operation an opportunity to advise the Council and the mine operator of concerns and issues they may have regarding the mining operation. COUNCIL WORKSHOP 6:30 p.m. 1. Approve Ordinance rezoning 9730 Hudson Blvd, Dee Flatau-Cobb from HB to LB 2. FINANCIAL WORKSHOP: Paul Donna 3. Adj ourn Lprinted on recycled paper