HomeMy WebLinkAbout09-06-2011 CCMLAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 6, 2011 1
MINUTES APPROVED: September 20, 2011
City of Lake Elmo
City Council Meeting Minutes
September 6, 2011
Mayor Johnston called the meeting to order at 7:00 p.m.
PRESENT: Mayor Johnston and Council Members Emmons, Park, Pearson and Smith
Also Present: Administrator Messelt, Attorney Snyder, City Engineer Griffin, Planning
Director Klatt, Finance Director Bouthilet, and City Clerk Lumby
APPROVAL OF AGENDA:
MOTION: Council Member Park moved to amend the September 6, 2011 agenda by
allowing people to speak on Agenda Item #14 Library Update. Council Member Emmons
seconded the motion. The motion passed 5-0.
ACCEPTED MINUTES:
The August 23, 2011 City Council minutes were accepted as amended by consensus of
the City Council.
MOTION: Council Member Emmons approved the proclamation recognizing 100-Year
Anniversary of Lake Elmo Bank. Council Member Smith seconded the motion. The
motion passed 5-0.
Mayor Johnston read a proclamation recognizing 100-Year Anniversary of Lake Elmo
Bank
PUBLIC INQUIRIES:
Paul Pallmeyer , 8989 Lake Jane Trail, asked if Lake Elmo pulls out of the Washington
County Library System, would the residents have to pay the $60 per household to use the
County-wide library system and, if so, could they be reimbursed by the City. Mayor
Johnston responded other communities that have its own municipal library, its residents
don’t pay a fee.
CONSENT AGENDA:
MOTION: Council Member Emmons moved to approve Agenda Items 3-6 on the
Consent Agenda. Council Member Pearson seconded the motion. The motion passed 5-
0.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 6, 2011 2
Appoint Justin Bloyer, 8881 Jane Road N, to 2nd Alternate on the Lake Elmo Park
Commission
Authorize the City to contract with AbsoVersa LLC, 135 Northland Avenue,
Stillwater, MN to replace damaged sidewalk spots at City Hall, at an approximate
cost of $3,504.07
1) Authorize contracting with Miller Excavating for the grading and black dirt in
and around the parking lot at Sunfish Lake Park at a cost of $3,060.00
2) Authorize the purchase and delivery of approximately 70 boulders from Miller
Excavating at a cost of $36.73/ton (not to exceed 80 ton, or $2,938.40) as well as
contracting for the placement of the boulders with a skid steer at a cost of
$95.00/hour
3) Authorize the purchase of miscellaneous regulatory and interpretive sign panels
from Advantage Sign and Graphics and wood posts at a cost not to exceed $1,000
Approve Resolution No. 2011-035, A Resolution Declaring Costs to be Assessed,
Ordering Preparation of Proposed Assessment and Calling for the Hearing on the
Proposed Assessment for the 2010 Street & Water Quality Improvements
REGULAR AGENDA:
Disbursements:
The Weber Electric claim for new lights at Lions field will come out of the Park Fund.
Council Member Smith pointed out the claim for Kern DeWenter Viere Ltd, for
$4,644.00.
MOTION: Council Member Smith moved to approve payment of disbursements and
payroll in the amount of $120,418.32. Council Member Pearson seconded the motion.
The motion passed 5-0.
Presentation by Ms. Ginny Holder, Ramsey/Washington Suburban Cable Commission
Representative
Ms. Ginny Holder, the City’s Representative on the Ramsey/Washington Suburban Cable
Commission requested comments from the City Council relating to preparation for
franchise renewal. The franchise agreement expires November 29, 2014. The Council
asked Ms. Holder to serve as the City’s representative and provide Council direction for
renewal of the franchise agreement and keep the Council informed.
Reconsideration of Modifications to Ordinance Section 97.21 (B) Regarding “No Wake”
Provisions on Area Lakes
City Council reconsideration has been requested for recent modifications to City
Ordinance Section 97.21 (B) governing operation of motor craft above “no-wake” speeds
on Olson/DeMontreville/Jane and Elmo lakes.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 6, 2011 3
Summer high water conditions prompted the Council on July 19th, 2011 to amend City
ordinance to impose an emergency “Slow, no wake” restriction on area lakes when water
levels exceed the OHW level. Only Olson/Lake DeMontreville recorded sustained lake
levels in excess of the OHW. As the State of MN was shut down at this time, the OHW
level used for Olson DeMontreville was 930 ft. – the historic OHW, not the current OHW
of 929.3 ft. There is no record of any enforcement action by Washington County Sheriff’s
office on behalf of the City with respect to this provision.
The Minnesota DNR has not undertaken its review of the City’s Ordinance, including
previous changes made, but not submitted for DNR review. This will be completed
sometime this fall.
The following residents spoke and letters were received in favor of rescinding Ordinance
No. 08-050.
These comments are summarized below:
Using the high water mark of 929.3 feet greatly inhibits the use of Lake Olson and
DeMontreville which often exceeds their OHW mark of 929.3 feet. Historical water
level readings were provided to show how often the lakes maintained levels above the
OHWM. The Lake DeMontreville/Olson Assoc. Board requested the City raise its
requirement to a level of 930 feet, which had been the OHWM for the lakes until 2007.
As lake owners, they are worried about their property values with the required
restrictions. They want the ability to use the lake and have not seen erosion by boat
traffic.
Property owners on Lake Jane expressed concern about values noting that while the lake
wasn’t likely to exceed its OHWM of 924 feet; homebuyers would be deterred by the
ordinance as a whole.
Residents in favor of rescinding Ordinance No. 08-50
Justin Bloyer, 8881 Jane Road N.
John Hamerly, 9429 Jane Road N.
Angie Abraham 8548 Hidden Bay Trail N.
Charlie Schultz, 4709 Olson Lake Trail N.
Dave Carlson, 8554 Hidden Bay Trail N.
Brenda Jo Carlson, 8554 Hidden Bay Trail N.
Angie Abraham, 8548 Hidden Bay Trail N.
Beckie Jo Olson
Karl Bogum, 8032 Hill Trail N.
Joe Kraase, 4655 Olson Lake Trail,
Tom Hills, 4455 Olson Lake Trail wanted a support survey.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 6, 2011 4
Pat Dean, 8028 Hill Trail N., provided information re:feet of bounce before “No Wake”
on the lakes and lake levels taken by the Valley Branch Watershed District. Mr. Dean
noted that he placed the buoys out from his property onto Lake DeMontreville because
the buoys mark the sandbar. Washington County Sheriff’s Office appreciated Mr. Dean’s
assistance in the placement, removal and the off-season storage of the buoys.
Bob Van Zandt, 8110 Hidden, stated there are many accusations being said and asked the
residents to just stay with the facts.
Jim Dillon, 8190 Hill Trail N., lives on the channel and watches people ignoring the no-
wake buoys. He is not anti water recreation events, only when damage is done to the lots.
He provided pictures showing erosion at various addresses on Lake DeMontreville.
Nadine Obermueller, 8696 42nd Street N. the weir erected in 1987 is doing a good job.
Council discussion followed. Council Member Smith came up with a compromise of
929.7 feet for a duration time of five days. She asked that the Council wait to make a
motion until they discuss Item No. 9.
MOTION: Council Member Pearson moved to rescind Ordinance No. 08-050. Council
Member Park seconded the motion.
MOTION: Mayor Johnston moved to amend motion to set the emergency no-wake level
for Lakes Olson/DeMontreville at 929.7 feet if existing condition exists after 5
consecutive days. Council Member Emmons second the motion. The motion passed 3-2
(Council Members Pearson and Smith voting against.)
MOTION: Council Member Pearson moved to rescind Ordinance No. 08-050 and to set
the emergency no-wake level for Lakes Olson/DeMontreville at 929.7 feet if existing
conditions exists after 5 consecutive days. Councilmember Park seconded the motion.
The motion passed 3-2 (Council Member Pearson voted against the motion because he
wanted to start fresh. Council Member Smith voted against the motion because she
wanted to wait to make a motion until the Council disused Item No. 9.)
Accept Petition for Lake Rule Change on Lakes Jane, DeMontreville and Olson
The City Council received a petition from property owners on Lake Jane and a request
from three property owners on Lakes DeMontreville/Olson a change to Ordinance No.
08-050, Section 97.21 (B) governing Hours of Operation.
These residents spoke in favor of the following modification:
(B) Hours of Operation: No person shall operate any motorboat at a speed other than a
slow, no-wake speed between sunset and noon the following day except Lake
Jane/DeMontreville/Olson On these lakes no person shall operate any motorboat at a
speed other than a slow, no-wake speed between sunset and 9 a.m. the following day.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 6, 2011 5
The biggest turnoff for people to live on the lake is the limited hours of operation for no-
wake. The majority of people who desire to live on a lake do so for recreational value of
the lake (swimming, fishing, boating, water skiing). Negative comments have been
received from potential buyers who were no longer interested once they discovered the
no wake time restriction. They believe restrictions would cause a drastic drop in the value
of homes.
Residents in favor of removal:
Justin Bloyer, 8881 Jane Road N.,
John Hamerly, 9429 Jane Road N.
Jerry Heroff, 9477 Jane Road N.
Patrick Dean 8028 Hill Trail N.
Jim Arkell, 8131 Hidden Bay Trail N.
Mary Ann Warner, 4633 Birchbark Trail N.
Doug Foster, 9409 Jane Road N.
Link Lavey, 8510 Hidden Bay Trail N.
Donaven Chase, 9125 Lake Jane trail
Tom Hills, 4455 Olson Lake Trail
John Mayek, 8680 Lake Jane Trail
Frank Fernandez, 5090 Marquess Trail Ct. N.
Angie Abraham 8548 Hidden Bay Trail N.
Dave/Brenda Carlson 8554 Hidden Bay Trail N.
Mark Frisch
Against the requested change:
William Rowe, 8286 Hidden Bay Ct., likes the balance and requests the no-wake rule
stay.
Mary Ann Warner, 4633 Birchbark Trail N., requested rule be left as is. If the rules
change skiing will start at 9:00 a.m. and affect fishermen and kayaking.
Joe/Joyce Kraase, 4655 Olson Lake Trail N, likes the multi-purpose rule, and the quiet
morning and the safety provided for children playing.
Robin Dillon, 8190 Hill Tail N. enjoys the no-wake morning with a cup of coffee and
read the Sunday paper.
Barb Walsh, 8027 50th Street provided the OHWM designation that was stated on the
DNR site.
Tom Bucher, 8282 Hidden Bay Ct.
Jill Lundgren, 8282 Hidden Bay Ct. N. enjoys the peace and quiet.
Ross Lavosseu likes the quiet peace in the morning, and water skiers don’t wait until
noon or end at sunset.
Bill Stevenson 8895 Jane Road N.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 6, 2011 6
The following residents did not oppose a reduction in the slow, no-wake hours from
sunset to noon down to sunset to 9 a.m. for Lakes Jane/DeMontreville/Olson. They
strongly opposed any such reduction in slow/no wake hours on Lake Elmo Lake. They
noted that everybody could share the lake by all sports (fishing, canoe, kayaking, and
pontoon) and enjoy morning tranquility.
Steve Bachman, 3141 Klondike Avenue,
Stephen Johnson, 2915 Lake Elmo Avenue N.
Dennis Treml, 2715 Lake Elmo Avenue N.
Wendy Griffin, 2835 Lake Elmo Avenue N.
John/Bonnie Butenhoff, 2976 Lake Elmo Avenue N.
Donald Durand, 2901 Lake Elmo Avenue N.
Marlon Gunderson and Julie Bunn, 2986 Lake Elmo Avenue N.
Mike Denoma, 3065 Klondike Avenue N.
The Council will schedule discussion on the petition for changes to City Ordinance
Section 97.21 (B) Hours of Operation, as stated, on Lakes Jane/DeMontreville/Olson to a
future Council meeting in October.
Consideration of an Off-Sale Intoxicating Liquor License for a New Liquor Store
Located at 11227 Stillwater Blvd.
The City Council considered an application for an Off-Sale Intoxicating Liquor License
for a new liquor store request for Village Wine and spirits located at 11227 Stillwater
Blvd. N. by applicant Richard Kosman, LFD, Inc. This item was in front of the City
Council at the August 23rd meeting, at which time the item was tabled. The City Council
directed City Staff to review the parking and spacing on the site and to notify residents
within a four block radius of the property.
Planner Matzek reported there are five stalls striped in the front of this property. Given
the eastern property line location, angle of the building and septic system location, there
is likely room for additional parking spaces in the rear, though maybe only a few. In
October of 2010, the City Council approved an amendment to allow a waiver for business
located in the Village Area south of Highway 5 of which this property is included.
City Engineer Jack Griffin reported the AUAR completed for the Village Area conducted
a traffic analysis for the intersection of Trunk Highway 5 and Laverne Avenue N. in
2007. This analysis shows very low traffic counts for the peak am and peak pm hours.
Bill Wacker, 3603 Laverne Avenue N., voiced a concern about product being delivered
because there are no provisions for unloading and there is a 3-ton road limit. The alley is
not a thoroughfare and parking of delivery trucks would block the alley.
Dan Turnquist, 2964 30th Street Circle N., had a problem with concentration of two off-
sale liquor stores in a small area. He asked if this proposal would fit in the overall
Village Plan.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 6, 2011 7
Deb and Neal Kruger, 4452 Lake Elmo Avenue N., submitted notes indicating there is
inadequate parking, proposal is not in Village plan, and there are enough places in the
Old Village to buy liquor.
Dennis LaCroix, owner of Twin Point Tavern, concerned about the inadequate parking
and possible overflow into his parking lot. He asked the Council to look at the close
proximity of the off-sale locations.
MOTION: Council Member Pearson moved to approve the Off-Sale Intoxicating License
for a new liquor store located at 11227 Stillwater Blvd. on the condition that the City
Engineer review number of parking stalls (front and back) and delivering of product
(would deliveries block alley, is loading dock adequate for large trucks, large trucks
driving on a 3-ton road). Council Member Park seconded the motion. The motion
passed 3-2 (Council Members Emmons and Smith voting against.)
Conditional Use Permit Amendment: Rockpoint Church-Overflow Parking Lot
Expansion Update
The City Council expressed concerns on potential impacts from vehicular traffic visiting
the site. Staff will meet wit the City Engineer to review the concerns and an update will
be provided on September 20th Council meeting.
MOTION: Council Member Pearson moved to table the Conditional Use Permit
Amendment for Rockpoint Church to the September 20th meeting. Council Member
Park seconded the motion. The motion passed 5-0.
Specialized Event Permit Ordinance – Revised Ordinance Limiting Scope to Larger
Events Only This item was tabled.
Well & Pump House No. 4 – Approve Option Agreement for 1-Acre Parcel at 11240 50th
Street North for future Well Site and Authorize Test Well Construction
The City Council considered approval of the proposed Option Agreement for a l-Acre
Parcel at 11240 50th Street North for a future Municipal Well Site; and to Authorize the
design, construction and testing of a Test Well on the site. The purchase Option
Agreement provides the City the right to secure the property for $14,018 at any time over
the next 180 days. The City will pay $500 for Option Agreement. The Option Agreement
includes a Right of Entry provision to allow the City access for survey and site
investigation work needed to verify the site’s adequacy for the purpose of a Municipal
Water Supply Well.
MOTION: Council Member Pearson moved to approve the Option Agreement with Jean
Madrinich to secure the right to purchase property for a future municipal well site and
to obtain a right of entry to complete survey work and Test Well construction; and
authorize the design, construction and testing of a Test Well on this parcel. Council
Member Park seconded the motion. The motion passed 5-0.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 6, 2011 8
Update Re: Library Service Considerations
The City Council received an update on public efforts to retain and enhance library
services for the City. Discussion ensued regarding potential costs to the City of running a
library, of renting or purchasing a collection, of reimbursing Lake Elmo households for
access to the Washington County library system, and of potential litigation regarding the
latter.
The City Attorney briefly covered the sources and uses of Library Levy monies and of
the City’s statutory rights to opt out of the Washington County library system.
Mr. Don Slinger spoke and opined that a kiosk would serve the needs of the City. He
uses the Lake Elmo library and had found 3to 5 people in there at the most.
Mr. Paul Ryberg noted that many smaller libraries operate on a budget of approximately
$130,000.
The consensus of the City Council is that the Council is willing to meeting with the
Washington County team to further discuss possible library arrangements. Mayor
Johnston, Council Member Smith and the City Administrator will meet with the
Washington County team comprised of Pat Conley, Jim Schug and Gary Kriesel.
The Council moved and seconded to recess its Regular Meeting at 12 midnight and
entered into Executive Session, pursuant to Minnesota Statutes, to discuss potential
litigation issues and strategies regarding Library Services (unanimous).
The City Council moved and seconded to close its Executive Session at 12:10 AM and
reconvened its Regular Meeting (unanimous). The City Attorney summarized the
purpose and outcome of the Executive Session and noted for the record that the City
Attorney provided advice to the City Council relating to potential litigation issues and
strategies regarding Library Services. The City Council received this advice and no
further direction was given to the City Attorney at this time.
The Meeting was adjourned at 12:15 AM.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2011-035 Declaring costs to be assessed, ordering preparation of
proposed assessment and calling for the hearing on the proposed assessment for the 2010
Street & Water Quality Improvements
Approval to amend Ordinance No. 08-050 Emergency No-Wake level for Lakes
Olson/DeMontreville