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HomeMy WebLinkAbout01-06-87 CCMLAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 1987 Acting Mayor Christ called the City Council meeting to order at 7:00 p.m. in the City Council chambers. Present: Christ, Armstrong, Graves, Moe, City Engineer Bohrer, City Attorney Knaak and City Administrator Overby. Acting Mayor Christ acknowledged and welcome Jason Och and Roger Williams from Boy Scout Troop No. 162 in order to observe the City Council meeting to fulfill requirements for their Merit badge. City Administrator Overby administered the Oath of Office to the newly elected officials Mayor Arlyn Christ and City Council members Charles Graves and Donald Moe. Congratulations and a round of applause was extended to the new Mayor and Council members. 1. Agenda Add: 7C. Traffic Issues, 7D. Resolution Approval, 7E. Parks Commission Report. Councilman Moe asked City Attorney Knaak if the Mayor can make motions and second them. Moe had looked up in the League of Minnesota Cities, legislative powers presiding at Council meetings which stated that "in addition they can temporarily step down from the Chair as the position of presiding officer to engage in debate and to make and second motions". City Attorney Knaak replied as he interprets the State Statutes the Mayor is a presiding officer and can and does make and second motions. M/S/P Graves/Armstrong - to approve the Agenda for the January 6, 1987 City Council Nln s as amended. (Motion carried 4-0). meetzng 2. Minutes: December 16, 1986 M/S/P Armstrong/Moe - to approve the December 16, 1986 City Council minutes as amended and to include the approval of Resolutions 86-49 thru 86-55. (Motion carried. 1-0-3<Abstain: Christ, Graves, Moe>). 3. Claims M/S/P Armstrong/Graves - to approve the January 6, 1986 Claims #88199 thru #88282 as presented. (Motion carried 4-0). All claims were in -the budget. (Amended 1-20-87) 4. Public Inquiries i Roger Beaubien, property owner on Sunfish Lake, voiced his concern on the number of people using the lake with motorized vehicles and the environmental impact on the lake. He asked how the City is enforcing "No Motorized Vehicles" regulation. Another concern was LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 1987 PAGE 2 the amount of litter left on the lake and around the shoreline and ( asked if the City could provide some receptacles for the trash. City Administrator Overby stated that motorized vehicles are not allowed in any of the City Parks, and he would call it to the attention of the Deputies to monitor this area more closely. There is one trash barrel on the west side of Sunfish Lake which is always full, but the maintenance crew could add one or two trash barrels. Overby added that, technically, there is no established public access from the City Park land to Sunfish Lake. Another concern raised was the traffic problem and if anything could be done with the State Transportation Dept. or could "No Parking Signs" be posted in that area. Mayor Christ checked with the Deputy Sheriff, and he reported that the vehicles are not illegally parked along Sunfish. City Administrator Overby talked to the Oakdale Mn/DOT office and they and the Deputy Sheriff looked at the area. It would be logical to park along the northside of the highway adjacent to the lake, but it was felt that wouldobstructthe view for drivers coming around the curve. This is why they posted "no parking" on the north side of TH5. They considered putting "no parking" on both sides but thought this would drive the cars onto Stillwater Lane and side streets which could aggravate the problem. Pat Riley, 10550 Stillwater Boulevard, stated that he has found the trespass law to be urrfore-cab32 at this point because the County Sheriff's Dept. has elected not to enforce it because of the number of people. They have passed it on to the DNR to make a determination about the 75 foot road right-of-way. Whether there is access to the lake by the public because of the high water has to be determined. (Amended 1-20-87 uninforecable) Mrs. Thomas Hilpisch, 10732 Stillwater Boulevard, would be in favor of installing a sign on her property directing the people to the proper -access to the lake. City Administrator Overby answered this could.be done, but it would still fall back to an enforcement question when people find they have to walk upwards to a mile to get to the fishing area from the parking lot. Chavez Joe ChevLz stated that they are cutting down the flooded trees and using this wood for fires. City Administrator Overby will work with the City Attorney and the Deputy Sheriff to determine if they should reroute the parking and try to come up with a solution. 5. ANNUAL ORGANIZATIONAL MEETING A. Appointment to Fill City Council Vacancy The election of Arlyn Christ as Mayor creates one vacancy on the City Council. The City Council had to decide who should be appointed to fill this City Council position for the remainder of the 4-year term (expires 12-31-88). LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 1987 PAGE 3 City Administrator Overby had presented excerpts from Minnesota Statutes which described the appointment process. The City Council votes on the selection of a nominee. In case of a tie vote among the City Councillors, "the Mayor shall make the appointment". City Attorney Fritz Knaak advised that Mayor Christ may vote with the three City Councillors, and then act as Mayor to break a tie vote if necessary. The following people were interviewed for the position: Richard E. Johnson, 8896 Lake Jane Trail; Fred Nazarian, 5450 Highlands Trail N.; Barbara Haacke, 9280 55th St. N.; and Howard Michels, 8740 Stillwater Boulevard. Councilman Graves felt that looking at the record within the community, Howard Michels had demonstrated a committment to the City by serving on the Planning Commission for eight years and as Chairman for a couple of those years. He has the breadth of knowledge of the issues confronting the City and had participated in the 1979 Comprehensive Plan. His length of service and the recent period in which he served speaks very well for him. Councilman Moe added that Howard Michels is dedicated, fair, honest and not one sided. He also felt that Fred Nazarian and Barb Haacke looked at both sides of the issues. Moe noted that Mr. Johnson had done a lot of travelling which has taken him out of the action for some time. Mayor Christ supported Richard Johnson because he has been active in the community before any of the rest of the people there were in the community. Christ felt that community involvement is certainly meritorius, but you can stand up for the rights and abilities in your community without being on the Planning Commission, which is not the criteria here. Mr. Johnson was extremely active on the Lake Jane Water problem, and he stood behind the people on 36th and 37th Street when the Lake Jane Landfill was found to be polluted. Johnson is genuinely concerned about the environment and the future of the City of Lake Elmo. He is a Tri-•Lakes resident and we need representation from that area of the community. He is dedicated,, hard working, independent, didn't support any candidate in the last, election and has the time to devote to the job. Councilman Graves felt there would be three out of the five councilmembers from the Tri-Lakes area. Fred and Barb would be from different portions of that area. On the other hand, Howard Michels is from South of Hwy 5, close to Tablyn Park. He owns 40+ acres and has the perspective for problems of people with some acreage and would give a better representation of the community. Councilwoman Armstrong felt that Richard Johnson shared the same philosophical ideas as her, and she could probably work the best with him. She felt that Johnson was effective in opposing the Lake Jane Landfill before other people even realized the potential problems of a landfill. He is a Chemical Engineer, lives near the LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 1987 PAGE 4 Lake Jane Landfill area and would be an asset to the community to help fight this new landfill that is already determined as the final site. M/S/F Moe/Graves - to appoint Howard Michels to fill the City Council vacancy. (Motion failed 2-2<Armstrong, Christ>). M/S/F Armstrong/Christ -• to appoint Richard Johnson to fill the City Council vacancy. (Motion failed 2-2<Graves, Moe>). M/S/F Moe/Graves - to appoint Fred Nazarian to fill the City Council vacancy. (Motion failed 2-2<Armstrong, Christ>). M/S/F Graves/Moe - to appoint Barb Haacke to fill the City Council vacancy. (Motion failed 2-2<Armstrong, Christ>). Mayor Christ appointed Richard E. Johnson as the new City Council member because he felt that Richard Johnson would be a tremendous asset to the community by filling out the City Council vacancy. City Administrator Overby administrated the oath of office to Richard E. Johnson as the new City Council member and offered his congratulations. B. Election of Acting Mayor Each year, the City Council must elect a Council member to be the Acting Mayor when the Mayor is absent from a meeting. In the past, the most senior Council member has generally been elected to this position. With the election of Arlyn Christ to be Mayor, Rosemary Armstrong becomes the senior City Councillor. Based on last year's selection, Graves found this to be a generalization rather than something the Council followed religiously. M/S/F Moe/Graves - to appoint Councilmember Charles Graves as Acting Mayor during the absence of Mayor Christ. (Motion failed 2-3<Johnson, Christ, Armstrong>). Mayor Christ felt the Acting Mayor should have some Council experience prior to becomming Acting Mayor. Moe responded that Chuck Graves had served as Chairman of the Planning Commission for two years and is well qualified to be Acting Mayor. M/S/P Johnson/Christ - to appoint Council member Rosemary Armstrong as Acting Mayor during the absence of Mayor Christ. (Motion carried 4-1<Moe>). C. Appointment of Official Depositories The City used six depositories in 1986 for placement of City funds in a checking account, certificates of deposit for short-term investments and bonds for long-term investments. LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 1987 PAGE 5 City Finance Director Marilyn Banister indicates that the current depositories have provided good service to the City in 1986, and she recommended continuing with these same six depositories in 1987. M/S/P Moe/Graves - to appoint State Bank of Lake Elmo, Washington Federal Savings & Loan, Oak Park Heights Savings & Loan, American National Bank of Saint Paul, Offerman and Company, Inc., and Juran & Moody Company, Inc. as the City of Lake Elmo's official depositories for 1987. (Motion carried 5-0). D. Designation of Legal Newspaper The City's legal newspaper in 1986 was the Oakdale -Lake Elmo Review. The City Staff felt that this paper gave them the widest coverage of any paper in the Lake Elmo area, in part because most City residents subscribe to it. Another service provided by the Review at no cost is their printing of the City's newsletter edition and inserting a copy of the City's biweekly newsletter in its newspaper mailing. Councilman Graves felt getting the word out to the community has been a poorly done job. He suggested the telephone number of the Lillie Newspaper should be inserted in the Newsletter in order to obtain a blue newspaper box where the Lake Elmo Newsletter can be delivered free. M/S/P Moe/Graves - to designate the Oakdale -Lake Elmo Review as the City's official newspaper for 1987. (Motion carried 5-0). E. Appointment of City Consultants City Administrator Overby recomended that the City Council reappoint the following consultants for 1987: City Engineer - Larry Bohrer, TKDA & Associates City Planner - Rob Chelseth, Planning & Development Services. Inc. City Attorney - Frederick W. Knaak, of the law firm of Rauenhorst, Carlson & Knaak City Prosecutor - Gregory J. Tavernier, of the law firm of Caswell & Tavernier M/S/P Armstrong/Graves - to appoint Larry Bohrer of TKDA as the City Engineer for. 1987. (Motion carried 5-0). City Administrator Overby informed the Council that Rob Chelseth has requested a rate increase from $35/Hr. (which took effect 2/83) to $45/Hour. Prior to February of 1983, the rate was $30/Hour. The reason for this request was his planning agency has other business that takes him out of the state and if he was to service Lake Elmo it would interrupt his regular clients and he would need to change his fee. In 1986 we set aside more money LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 1987 PAGE 6 than what was used, primarily because the City Administrator took on the job of working on the Comprehensive Plan update. City Engineer Bohrer explained that service on a project -to -project basis would be considerd pass-thru costs. These do not directly affect the City budget if the majority of the work are projects and not general planning. M/S/P Graves/Moe - to table the appointment of Rob Chelseth as the City Planner for 1987 for two weeks in order to get a comparison of what other planners are charging. (Motion carried 5-0). Fritz Knaak explained that his new rate approved in 1986 by the Council is $60/Hour with a retaining fee of $500, to include one City Council meeting a month and he would like to attend one Planning Commission meeting a month. M/S/P Armstrong/Johnson - to appoint Frederick W. Knaak as the City's Attorney for 1987 at $60/Hour with a retaining fee of $500 and to include one City Council meeting per month and one Planning Commission meeting a month. (Motion carried 5--0). City Administrator Overby informed the Council of Greg Tavernier's request to change his rate from $850 per month to $900 per month which is a 5.9% increase. This increase is due to the increase in jury trials (22 in 1985 to 26 in 1986) and the cost of operating has gone up. M/S/P Graves/Moe - to appoint Gregory J. Tavernier as the City's Prosecuting Attorney for 1987 at the new rate of $900 per month. (Motion carried 5-0). F. Appointment of the Council to act as the Personnel, Budget, and Capital Improvement Committees Prior to 1985, three Council members were appointed to the Budget, Capital Improvement, and Personnel Committees. In 1985, the Council decided to act as a committee of the whole to discuss these areas as needed during the year. This procedure was continued. in 1986. The Staff feels that this arrangement has worked well and suggests that the Council continue the procedure for 1987. M/S/P Moe/Armstrong - to appoint the entire City Council to serve as a committee of the whole for budget, capital improvement and personnel matters. (Motion carried 5-0). G. Appointment of City Representatives to Community Education Advisory Boards No appointments were made in 1986, since no volunteers applied for either position. The City Staff recommended that the Council table action on this item until after the vacancies have been advertised in the City Newsletter and applications have been received. LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 1987 PAGE 7 Councilwoman Armstrong said she would consider joining the North Saint Paul, Maplewood, Oakdale School District #622 Area Elected Officials Group instead of serving on the ISD 622 Community Education Advisory Board. M/S/P Moe/Graves - to table appointment of City Representatives to the District 622 and 834 Community Educaton Advisory Boards until names of candidates have been received for Council consideration at a later date. (Motion carried 5-0). H. Appointments to the Planning Commission With the election of Charles Graves and Donald Moe to the City Council, there are currently two vacancies on the Planing Commission. There are no re -appointments at this time. Lee Gordon Hunt and David Johnson (who were appointed in October of 1986) should move up to full member status. Replacements for the two Alternate positions are needed.. The following individuals were interviewed: 1. Gloria Knoblauch, 9181 31st St. N. First applied 1-21-86 for Parks and Planning Commission. Appointed to Parks Commission 7-15-86. Reapplied 12-1-86 for first choice of Planning Commission. 2. ReAnn Scott, 9260 Jane Court N., Applied 11-3-86, but has since withdrawn her application. 3. Frederick Nazarian, 5450 Highlands Trail N., Applied 12-10-86 Previously served on the Planning Commission from 8-81 thru 12-21-85. 4. Robert Enes, 5040 Lake Elmo Avenue, Applied 1-5-87. M/S/P Armstrong/Christ - to make Lee Gordon Hunt, and. David Johnson full members of the Planning Commission. (Motion carried 5-0). Councilman Graves made the following motion on the basis of reading the applications. Their attitudes seem similar based on their responses. In the past, the general rule has been if there are no major distinguishing characteristics, then we take the people in the order they have applied. M/S/F Graves/Moe - to appoint Gloria Knoblauch as First Alternate to the Planning Commission. (Motion failed 2-3<Johnson, Christ, Armstrong>). M/S/F Graves/Moe - to appoint Fred Nazarian as Second Alternate to the Planning Commission. (Motion failed 2-3<Johnson, Christ, Armstrong>). LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 1987 PAGE 8 Councilman Graves explained the reason he thought Fred Nazarian would do a good job is the fact that the Plannning Commission's most senior person has 1 1/2 years experience. One of the biggest problems the Commission had was the members did not have the background., experience or the historical perspective to be able to evaluate the situations that came up. Graves added that it was imperative that we have a diversity of opinion on the Planning Commission in order to look at all aspects of a situation. Councilman Moe also voiced, his concern about the inexperience of the Planning Commission members. Moe felt Fred. Nazarian is dedicated and has worked and passed ordinances. Moe added, we would be doing this community a disservice to let our feelings get in the way of an experienced person. Mayor Christ had attended the last Planning Commission meeting and in his opinion the "inexperienced" Planning Commission handled a development situation in a very professional and thorough manner. Christ felt it was not the amount of experience you had, but it was the dedication of looking into the issue and recognizing what the people in the community want. We would be doing a disservice to the community if we didn't support the wishes of the community to maintain the rural character. Mayor Christ felt he could not support Fred Nazarian candidacy because of an incident which occurred at a Planning Commission meeting in September of 1985. Mr. Nazarian, nor Councilmembers Graves and Moe, who were in attendance at this meeting, could recall the incident. (Amended 1-20-87 See Page 12 for Insertions) Councilman Johnson was impressed with Rob Enes' knowledge of building and zoning requirements. Enes is a relatively new Lake Elmo resident, but we need to get new people involved. Councilwom&n Armstrong has talked to Rob Enes and likes the kinds of things he would like to see in the future for Lake Elmo. M/S/P Johnson/Armstrong - to table the appointments for further consideration until the next Planning Commission meeting. (Motion carried 3-2<Moe, Graves>). 6. PLANNING AND LAND USE A. 1987 Conditional Use Permits The following Conditional Use Permits are due for renewal for calendar year 1987: 1. Rockin'L Trailer Sales, 10824 Hudson Blvd. 2. Oakdale Gun Club, 10386 10th St. N. 3. Breheim Kennels, 8415 38th St. N. 4. Lauseng Stone, Inc., 9591 60th St. N. 5. Goods Inc., 11490 Hudson Blvd. (no application received). 6. Oakwood Animal Hospital., 8611 34th St. N. V. Green Acres Recreation, 8989 55th St. N. LAKE ELM CITY COUNCIL MINTIM, S JANUARY 6, 1987 PACE 9 %8' Country Sun Farm, 11211 60th St. N. 9. Cimarron Golf Course 10. Animal Inn, 8633 34th St. N. 11. Helen Miller Fisher (Fisher Kennel) 8139 39th St. N. 12. Shafer Contracting Company 13. Vali-Hi Drive In (no application received). 14. Hammes Mining, 10105 10th St. N. The following Conditional Use Permit was approved by the City Council on 12-16-86, but has not been formally executed at the administrative level. 1A. Low Cost Storage, Thomas G. Armstrong, 8291 15th St. M/S/P Moe/Graves - to adopt Resolutions 87-4 through 87-15 granting the following Conditional Use Permits for 1987. (Motion carried 5-0). R-87-4 - granting a Conditional Use Permit• to Charles Anderson for Animal Inn Training School in the Agricultural Zoning District R-87-5 - granting a Conditional Use Permit to Donald Tauer for Animal Inn, a Public Dog Kennel in the Agricultural Zoning District R-87-6 - granting a Conditional Use Permit to Ray Swanson, Oakwood Animal Hospital for Veterinary Clinic, Animal Hospital, Crematory annd Dog Pound in the Agricultural Zoning District. R-87-7 - granting a Conditional Use Permit to Geraldine Breheim-Breheim Kennels for a Dog Kennel in the R-1 Zoning District. R-87-8 - granting a Conditional Use Permit to Richard and Eileen Bergmann, Country Sun Farm for Greenhouse and Sales Lot. R-87-9 - granting a Conditional Use Permit to Oakdale Gun Club for. Outdoor Target Range in the Agricultural Zoning District. R-87-10 - granting a Conditional. Use Permit to Helen Miller Fisher for a Private Dog Kennel in the R-1 Zoning District to include no open burning allowed on this property per State Statute. R-87-11 - granting a Conditional Use Permit to Ruben Lauseng-Lauseng Stone, for Open Sales Lot in the Agricultural Zoning District. R-87-12 - granting a Conditional Use Permit to Shafer Contracting Co., Inc., Box A. Shafer, Minnesota to Engage in Mining Operations. R-87-13 - granting a Conditional Use Permit to Leonard Hanson - Rockin L Sales -• for Open Sales Lot in the Agricultural Zoning District. LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 1987 PAGE 10 R-87-14 - granting a Conditional Use Permit to R. J. O'Neil for Vali-Hi Drive Inn Theatre in the General Business Zoning District. R-87-15 - granting a Conditional Use Permit to Howard Springborn and Gaylen Springborn - Green Acres, Inc. for Commercial Recreation of a Rural Nature in the Ag Zoning District. M/S/P Johnson/Graves - to adopt Resolution R-87-16 granting a Conditional Use Permit to Thomas G. Armstrong, 8191 15th St., for Low Cost Storage Business in an Agricultural Zoning as approved by the City Council on 12-16-86. (Motion carried 4--0-l<Armstrong>). M/S/P Graves/Moe - to table Conditional Use Permit Application from Goods Inc., for one month or at Council's discretion. (Motion carried. 5-0). Mr. Warren Hubberd, Cimarron Park, voiced concerns regarding water privileges, damage down by golfers, lawn mowing done on off hours and no parking or restrooms for the handicapped at the Cimarron Golf Course. Because of these concerns, the following motion was made. M/S/P Graves/Johnson - to table the Cimarron Golf Course Conditional Use Permit application until the February 3rd City Council meeting in order to extend an invitation to a Cimarron official to attend this meeting. (Motion carried 5-0). M/S/P Graves/Moe - to table action on the Hammes Mining CUP until the February 3rd City Council meeting in order for the City staff to make a status report on an inspection of their operation and a copy of which will be sent to Hammes Mining. (Motion carried. 5-0). M/S/P Moe/Graves - to extend the City Council meeting until 11:15 p.m. (Motion carried 5-0). 7. CITY ADMINISTRATOR'S REPORT A. Conference for Newly Elected Officials The League of Minnesota Cities has scheduled a conference for newly elected officials and two pre -conference seminars for newly elected and veteran officials (Ethics and public leadership; Enhancing our effectiveness within the City team). The conference will be held. on Saturday, January 31, 1987 at the Marriott in Bloomington at a fee of $45 per person. City Administrator Overby requested the Council's authorization to attend the January 30th evening pre -conference seminar from 7 p.m. to 9 p.m. at a fee of $20. Overby recommended that all City Council members attend the conference or workshops of their choice. M/S/P Christ/Graves •- to authorize the City Administrator attending the January 30th evening pre -conference seminar in Bloomington, MN. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 1987 PAGE 11 B. Priority Setting Mayor Christ encourages all City Council members to concentrate on what they think the City Administrator prioritiies should be and then let Bob know. C. Traffic Issues Councilman Graves suggested inserting a statement in the newsletter stating if any residents should have a concern on traffic problems in the City, they should bring them up to the City staff. D. Resolution Approval City Administrator Overby requested approval for Resolutions 87-1 through 87-3 offering appreciation and thanks for service to Mayor David Morgan and Council members .Bruce Dunn and Mike Mazzara. M/S/P Graves/Christ - to adopt Resolutions 87-1 through 87-3 offering appreciation and thanks to David Morgan, Bruce Dunn, and Mike Mazzara for service to the City of Lake Elmo. (Motion carried 5-0). E. Parks Commission Report City Administrator Overby reported that the Parks Commission recommended to change the Sunday skating schedule to allow only open skating from 12 noon to 9 p.m. This new policy has the effect of banning use of the rink for hockey during the hours that the shelter building is open (12 noon to 9 p.m.). M/S/P Graves/Armstrong - to accept the Parks Commission recommendation to change the Sunday skating schedule at Lions Park to allow only open skating from 12 noon to 9 p.m. (Motion carried 5-0). The Parks Commission recommended that they look at a Master Park Plan for West Sunfish. The Council suggested that the park have a passive type use. Also, City Attorney Knaak felt this should be subject to a Hold Harmless statement. The Parks Commission suggested a letter be sent by the City to voice our displeasure of Gateway Trail being used for motorized vehicles within the City of Lake Elmo. M/S/P Christ/Moe - to recommend sending a letter to the DNR which will put them on notice that we do not want snowmobiles or other motorized vehicles using the Lake Elmo portion of the Gateway Trail. (Motion carried 5-0). M/S/P Graves/Moe - to adjourn the City Council meeting at 11:30 p.m. (Motion carried 5-0). Amended 1-20-87 Request for the following insertions. Page 12 H. Appointments to the Planning Commission Mayor Christ stated that in September 1985, after all the published agenda items were done, Chairman Fred Nazarian turned to the Recording Secretary and asked her to turn the tape recorder off so he could privately discuss with the Planning Connission.an issue about a private resident. .Christ asked Nazarian what gave him the right to conduct a private meeting with tape recorders turned off. Councilman Graves stressed the fact that the current Planning'Commission is lacking experience. There are people on the commission that have no experience at all dealing. with actual cases of people coming into the commission and petition fora certain allowance. They have not had the opportunity to look people square in the eye and tell them they were sorry, but you cannot have those three variances you requested. Graves added, it is darn tough to sit there and tell than that and it takes experience to develop that fortitude. Councilwoman. Armstrong responded that maybe Graves should not have left the Planning Commission. Graves answered that he thought he could serve the community better on the City Council. Armstrong was surprised that Graves was sensitive to rumors because he was elected as councilman on rumors. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1987 PAGE 2 vacancies. The new applicants were briefly interviewed. 1. Gloria Knoblauch, 9181 31st St. N. 2. Frederick Nazarian, 5450 Highlands Trail North 3. Robert Enes, 5040 Lake Elmo Avenue 4. Tom Simpson, 5270 Jamaca Blvd. N. 5. Bruce W. Beutel, 3590 Laverne Avenue N.(Not in attendance) 6. Bruce Dunn, 11018 Upper 33rd St. 7. Ed Stevens, 10133 47th St. N. M/S/P Graves/Moe - to appoint to the Lake Elmo Planning Commission Tom Simpson as a Regular Member, Ed Stevens as First Alternate, and Rob Enes as Second Alternate. (Motion 14-1<Armstrong:she did not see any reason to pull Tom Simpson off of the Parks Commission as he has served less than two years. She had the opportunity to work with him on Kleis Park and had heard nothing but good things on his work with the commission>). 5. Sunfish Lake Parking Problems Discussion under the Public Inquiries section of the last council meeting (1-6-87) covered concerns by Roger Beaubien, Pat Riley and other residents living along Sunfish Lake who have had problems with people trespassing across their property in order to gain access to the lake for ice fishing. Since the Council meeting, the City Administrator had talked to Mn/DOT, the Deputy Sheriff, the DNR and local residents. The following is an update: 1. Mn/DOT was willing to post no -parking signs on the south side of Highway 5. Mayor Christ and the Administrator agreed that no parking signs would be a way to prevent accidents with people having to cross the road going to and from the lake. The no parking signs were installed Thursday, January 15, 1987. 2. The Mn/DOT survey crew was scheduled to verify whether the public waters overlaid the highway right-of-way between the road and the lake. If the water is actually on the right-of-way, then there is direct public access to Sunfish lake (until the water level goes down, and private property becomes accessible again). 3. The Enforcement Section of the DNR indicated that fires are allowed on the ice, but that property owners still have the right to protect trees that are in the water. Some fishermen have allegedly broken off branches to use for their fires. The Sheriff's Office questioned whether the DNR position was accurate. Deputy Jessie Kurtz attended the meeting to assist with the discussion. 4. A temporary sign directing people to Sunfish Lake city park has been ordered and will be installed at the corner of Stillwater Lane and Highway 5. This sign should encourage users of the lake to enter from the parking lot at the park. 5. The trash barrel in the park along the lake has been emptied, and a second barrel has also been installed. Since we do not have time to discuss every point presented, it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. AGENDA LAKE ELMO CITY COUNCIL JANUARY 6, 1987 7:00 P.M. MEETING CONVENES 1. Agenda 2. Minutes: December 16, 1986 3. Claims 4. Public Inquiries 5. ANNUAL ORGANIZATIONAL MEETING A. Appointment to Fill City Council Vacancy B. Election of Acting Mayor C. Appointment of Official Depositories D. Designation of Legal Newspaper E. Appointment of City Consultants F. Appointment of the Council to act as the Personnel, Budget, and Capital Improvement Committees G. Appointment of City Representatives to Community Education Advisory Boards H. Appointments to the Planning Commission 6. PLANNING AND LAND USE A. 1987 Conditional Use Permits ------------------------B R E A K---____----- 7. CITY ADMINISTRATOR'S REPORT A. Conference for Newly Elected Officials B. Priority Setting 8. Adjourn