Minutes - Council - 05/13/2003 - Laserfiche WebLink

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Ail street projects except 03-05 will be financed through special assessment of half of the project cost with the remaining half from the general fund. Project #03-05 will be financed by MSA funds, however, special assessments will cover 28 percent of this project cost. The bituminous overlay of Emerald Pond Park trails will come from the park department general fund budget. Bids will be scheduled for June 6, 2003, and will be considered at the June 7, 2003 Council meeting. Motion by Councilmember Elvig, seconded by Councilmember Kurak, to accept plans and specifications and direct staff to solicit bids for the 2003 Pavement Maintenance Program. Motion carried. Voting Yes: Mayor Gamec, and Councilmembers Elvig, Kurak, Cook, Pearson, Strommen, and Zimmerman. Voting No: None. Mayor Gamec recessed the regular meeting of the City Council at 8:30 p.m. Mayor Gamec called the regular meeting of the City Council back to order 8:42 p.m. Case #11: Consider Settlement of Mining and Grading Violation City Engineer Jankowski stated that in the fall of 2000, two property owners residing at 8981 and 8991 - 160th Lane undertook the excavation of a man made pond located in their rear yards. The spoil material from this pond enhancement was placed on the northerly bank of the pond. City code requires a mining and grading permit for any excavation exceeding more than three feet in depth, fill greater than two feet in height, or moving more than 400 cubic yards. This excavation greatly exceeded all these threshold parameters. The excavation was done without the required permit, and the spoil placement was objectionable to a number of neighboring properties. In addition, this spoil material was placed up to forty feet beyond property line onto an outlot owned by Northfork, Inc. This spoil material as it currently exists is objectionable to Northfork Inc. Rather than prosecute the ordinance violation, it was suggested that the residents apply for a conditional use permit for the mining and grading that occurred. The plan that was submitted by the property owners essentially represented the post excavation conditions. This was found unacceptable by the Planning Commission, which recommended a denial action to the City Council. The City Council tabled action on this in November 2001, to allow time to facilitate an acceptable solution to this issue. Staff advised the property owners in April that Northfork was agreeable to allowing the use of the 80-foot wide outlot for spreading out the volume of the material to reduce the steep slopes of the spoil, which was one of the chief objections to the existing conditions. After the City requested, on several occasions, that the property owners declare this intent to the resolution of this issue, a letter was sent by the City Attorney's office declaring the City's intent to pursue a criminal trespass complaint. On May 7, 2003, the property owners submitted a grading plan which substantially conforms to that suggested in April 2002, in that it utilizes the area of the outlot to reduce the slope of the spoil material to a maximum of 12%, which is cited in the mining and grading ordinance. The submittal provides little additional detail. Staff recommended that the City enter into an agreement with the property owners as an alternative to pursuing legal action. City Council/May 13, 2003 Page 17 of 29