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Kos Tautvydas, Chair of Parks, voiced his concern on high cost of putting in trail (Base class 5), how long and wide the trail is and is $45,000 enough. Attorney Filla asked if privately maintaining public trails is going to be City policy and would there be indemnification. Filla will contact the League of MN Cities to get their opinion. M/S/P Hunt/DeLapp — to adopt Resolution No. 97-51, A Resolution approving the Final Plat of the Hamlet of Sunfish Lake, as amended #4. Outlets A, B, C, D, G, H, K, and J shall be held by a conservation easement to a qualified Land Trust, #5. Outlet F, G, H J, K shall have an open easement to the City of Lake Elmo. Outlets E & I dedicated to the City based on the consistency to OP ordinance and Comprehensive Plan. (Motion passed 4-1:Dunn: Concerned about a dense residential development in a wildlife area, the close proximity of the development to the lake will damage the surrounding environment, the trail issue is not resolved. The project will be a beautiful development, but is not appropriate for this specific environmental area.) E. Use of Jamaca Avenue by Shafer Mining The City has received complaints on Shafer Mining belly trucks driving on shoulders and leaving dirt on Jamaca Avenue. City Engineer, Tom Prew, explained there is a single lift asphalt on shoulder, but the road has double lift of asphalt —this could reduce useful life of road. Jim McNamara, Building Official, stated the City has received a couple of complaints this year and last year and suggested added language that the street needs to be cleaned every day that the pit is used. Any change to the CUP would require a public hearing. Mayor John and Council member DeLapp also have received complaints and the few complaints to City Hall were not indicative of the irritation people feel when they drive that roadway. Scott Spisak, Shafer Mining, said the trucks are hauling clay that is very sticky and gets caught in the truck's tire treads and then tracks the road. They have tried to use a different traffic pattern in the pit, swept every night this week and will continue to sweep daily to show the City Shafer Mining can be a good neighbor. He would meet with staff to add language to the CUP. Councilor DeLapp's concern is for health, safety, and welfare of the residents. You cannot ride your bike on the side of the road because the bumpy condition of the road makes it unsafe. Now, you have to go into the middle of the road. Mayor John added if Shafer Mining is able to make a goodwill effort for the rest of the season then that is something the Council could look at. F. Omission from code of driveway restriction in RE zoning district It had been brought to staff's attention that the change made to the width of driveways was not included in the recodification. The change specifically related to the width of driveways in the RE Zoning District, Section 1405 of the Code, can be amended without a public hearing. Since this was an oversight, the Administrator recommended that the draft ordinance be adopted. M/S/P Hunt/DeLapp - to adopt Ordinance 9718 amending Section 1405.07 Subd. 1. Of the Lake Elmo Municipal Code relating to the width of driveways in the Residential Estates (RE) Zoning District. (Motion passed 5-0). G. Zoning Text Amendment, Shoreland Ordinance A public hearing was held at the September 8,1997 Planning Commission meeting. The Commission recommended the Council approve the amended ordinance. M/S/P DeLapp/Conlin — to adopt Ordinance No. 9716 an Ordinance amending Section 325.05 Shoreland Classifications Subd. 2. LAND USE REGULATIONS MATRIX; Section 325.06 Shoreland Standards Subd 2A. MINIMUM LOT AREA CLASSIFICATOINS and 325.06 Subd 3. Lot Width — No Sewer. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 1997