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HomeMy WebLinkAbout05-18-92 CCM�A MINUTES APPROVED: 6-2-92 MINUTES ISSUED: 0,.12-92 LAKE ELMO CITY COUNCIL MINUTES MONDAY, MAY 18, 1992 Mayor Johnson called the City Council meeting to order at 7:00 p.m. in the City Council chambers. Present: Mayor Johnson, Dick Johnson, Mottaz, Williams, Attorney John Miller, Building Official Jim McNamara and Administrator Kueffner. Absent: Councilman Hunt. 1. AGENDA M/S/P Mottaz/Williams - to approve the May 18, 1992 City Council agenda as presented. (Motion carried 4-0). 2. MINUTES: May 5, 1992 The Council requested clarification on the Mayor's explanation of a super majority required for amendment to the constitution of the U.S. and how that it relates to approval of a CUP in the city. M/S/P Williams/Dick Johnson - to the May 5, 1992 Council Minutes (Motion carried 4-0). 3. CLAIMS postpone consideration of until the June 2nd meeting. M/S/P Williams/Mottaz - to approve the May 18, 1992 claims #547 thru #602 as presented. (Motion carried 4-0). 4. PUBLIC INFORMATIONAL: A. Jaycee's Street Dance There was council consensus on allowing the Lake Elmo Jaycees hold a street dance during Huff'N Puff Days at either the City Hall or the Fire Dept. parking lot as long as there is liability insurance coverage as recommended by our insurance agent and the Jaycees meet the requirements of a police officer and satellite on -site. B. Proposed Ordinance Regulating Bicycles in Sunfish Lake Park and DeMontreville Wildlife Park. The Parks Commission had recommended the Council prohibit bicycling in non -designated places such as Sunfish Park where there has been extensive damage to existing trails. The Council directed the staff to prepare an ordinance regulating bicycling in the City. A draft ordinance was provided for Council consideration. LAKE ELMO CITY COUNCIL MINUTES MAY 18, 1992 2 Lee Swenson, River Falls, WI, representing a group of mountain bikers (approx. 200 signatures), stated that Sunfish Park contains many of the finest off road trails in the metro area and asked that this park remain open to mountain bikes. They believe through an educational process, be it the media, bike club contacts, and one -and - one confrontation, any irresponsible riding or abuse to trails from mountain bikers can effectively be curtailed or even eliminated. Their main focus would be to encourage bicyclists to yield to all other trail users and to stay off trails when they are too wet or in need of repair. They offered to help care for the trails through regular maintenance activities including clearing of brush and debris, rebuilding of trail surface and removal of any safety hazards such as fallen trees or large displaced brush. The major clean up times would happen in late fall and early spring. Walt Bailey, 8032 Hidden Bay Trail N., representing a group of interested mountain bikers from Lake Elmo, requested the Council approve a controlled continuance of mountain bike riding in Sunfish Park. He requested tabling the Sunfish park closure proposal for 1 month, form a study group (names submitted) and have this group report to the Council within one month with recommendation for appropriate management of mountain bike riding in Sunfish park. Parks Commission members Gary Lee and Kestutis Tautvydas stated it was nice to hear there are people willing to help out with trail maintenance, but felt trail maintenance was not sufficient because once erosion has started, which it has, is extremely difficult to control. Photographs were submitted showing evidence of erosion of trails and of new trails created by bikers in Sunfish Park. When the Parks Commission was on their annual park walk-thru, they were almost run down by three mountain bikers. The Parks Commission has recommended adoption of such an ordinance because of their concern for safety, City liability, and the effect on the environment. Judith Blackford and Janet Robert, Lake Elmo residents, voiced their support of the Parks Commission's recommendation to ban biking in Sunfish Park because of the trail erosion, disturbance of the tranquility of the park, and safety concern for other park users. M/S/P Mottaz/Dick Johnson - to adopt Ordinance 8065, An Ordinance Adding Section 1005 Relating to the Regulation of Bicycling to the Lake Elmo Municipal Code. (Motion carried 3-1: Mayor Johnson: In favor of passing the ordinance, but not at this time. He would rather wait and give the Mountain bikers an opportunity to prove their case). LAKE ELMO CITY COUNCIL MINUTES MAY 18, 1992 3 Councilman Williams indicated he was willing to close the park by policy at this time, but at the same time favored establishing a study committee to work on suggesting ways that might be found to allow the use of bicycles in the future. M/S/P Williams/Dick Johnson - the Council would be receptive to a modification in this ordinance after appropriate study by an interested park users group who would suggest recommendations for alternatives to Ordinance 8065, and the Council would not force Mike Bouthilet (as a city employee) or Nancy Hansen, Randy Thoreson (as residents) to serve on this group. (Motion carried 3-1: Mottaz: He voted no to the forming of a committee, but was receptive to public input.) The Council suggested this committee come before the Parks Commission before they come to the Council. 5. OLD BUSINESS: A. Hammes Clean -Up Schedule Jim McNamara reported the clean-up schedule, dated May 18, 1992, for the Hammes property was agreed upon by Bill and Earl Hammes, Dorothy Lyons and himself. It was also agreed upon that the west side of County Road 19 be cleaned by January 1, 1993; the recycling operation be eliminated and completely removed by June 4, 1992; and if any of the agreed upon deadlines are not adhered to, civil action will be initiated by the City of Lake Elmo. B. Letter from NHD regarding size of Storm Shelters in Cimarron Park The Council received a letter from Dan Krawczyk, Property Manager of Cimarron Park, questioning the Council at what level of occupancy do they have to accommodate and to what level will the city consider participating in the cost of construction. The Council asked the following questions: 1. What is the average occupancy per each home? (Is there a state average?) 2. What percentage of the total population are we going to accept to determine square footage of building. (65% seems reasonable). 3. Whether one or two shelters should be built. (are there guidelines regarding travel distance to shelters.) LAKE ELMO CITY COUNCIL MINUTES MAY 18, 1992 4 M/S/P Williams/Mottaz - to direct the City staff to obtain answers to the above questions and check with the Civil Defense Director for guidelines and report back to the Council at their earliest convenience. (Motion carried 4- 0) . Dan Krawczyk explained that Community Block Grant Development funds were available to each County and he would look into this. Floyd Olson will check with Glen Shumacher, APAC, on availability of funds to mobile home parks. C. Update on Signs in City Jim McNamara reported that permits and numbers are being assigned to all signs in the City. There are a few signs in thtOld Village that are not labelled as yet, but this will be completed by June 1st. The three advertising signs in the City are the Naegle sign on Hwy 5, Afton Alps sign on Hwy 5 and Cty Rd 15, and the Menards sign. The Naegle sign and Afton Alps sign were permitted by State Permits in 1973 and 1974 before the city had adopted a sign ordinance. Attorney John Miller explained in regard to legal non- conforming uses or "grandfathered in" uses, the statutes do allow for the amortization of non -conforming uses as long as there is reasonable amount of time and you leave the propertyowner with a reasonable use of his property. So there is a way to actually eliminate non -conforming uses if so desired. Jim pointed out in the sign ordinance, section 505.020A, states all signs must have a permit except for the following --Any sign under 10 sq.ft. does not require a permit. Therefore, there are business signs in the Old Village area; such as, Salon Elite, Lake ELmo Inn that do not have a permit. Jim asked if the City wanted to continue this policy. Jim McNamara will look into if the Brookfield sign is considered an advertising sign. In regard to tenants of DC Sales wanting signs, Jim will also check into DC Sales application for the addition to their building because it was stated then there was only going to be one other tenant besides them. Also, the frontage of DC sales will be checked because front lineal footage regulates the number of signs for each property. Jim indicated he would not approve another sign permit for DC Sales until the White Wolf sign is brought into compliance because it is oversized. LAKE ELMO CITY COUNCIL MINUTES MAY 18, 1992 5 6. PLANNING/LAND USE & ZONING: A. Joint Powers Agreement for Cottage Grove Ravine Watershed M/S/P Williams/Mottaz - to postpone consideration on this item to the June 2nd meeting to enable the Council time to review and submit any comments to the City Administrator. (Motion carried 4-0). B. City Park Plan M/S/P Williams/Dick Johnson - to approve the Lake Elmo Park Plan dated May 14, 1992 conditioned upon completion of the Metropolitan Council review and comment, and directing staff to submit the major Comprehensive Plan Amendment to the Metropolitan Council and all adjacent units of government. (Motion carried 4-0). C. Proposed Ordinance to eliminate advertising signs in all zoning districts. M/S/P Dick Johnson/Williams - to adopt Ordinance 8066, An Ordinance repealing Section 505.260 and amending Section 505.320 A and Section 505.410 of the Lake Elmo Municipal code as amended (In the 2nd paragraph delete words "there are three (3) or more businesses). (Motion carried 4-0). D. Clustering Concept At their May 11th meeting, the Planning Commission recommended against the use of cluster development at this time. Although it would be beneficial because it might be more cost effective for road construction and maintenance and can serve as a buffer, the findings of fact are: 1) no legal vehicle has been established for the City to insure the perpetuity of the outlot, and 2) cluster development is not provided for within the 1990 Comp Plan. M/S/P Mottaz/Dick Johnson - to accept the Planning Commission recommendation regarding cluster development "at this time". (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES MAY 18, 1992 6 E. FINAL PLAT: FOX FIRE MANOR M/S/P Dick Johnson/Mottaz - to direct the staff to prepare a resolution listing all the conditions raised by the planner, engineer and planning commission, prepare an amended Declaration of Protective Covenants and Restrictions (such as being consistent with the city code in items: 1. Land Building Type -accessory building, 4. Building Location, 8. Signs, 10. Garbage Disposal; Disclaimer added making potential property owners aware of neighboring farming and business noise, odor and debris), that the developer provide and dedicate the road easement thru Rolling Hills, and that the city attorney approve the title insurance binder. (Motion carried 4-0). M/No Second Williams/No Second - to amend the motion to include construction of a cul-de-sac island according to the standards for stonegate. The Resolution approving the Fox Fire Final Plat, the Developer's Agreement, and updated Protective Covenants are scheduled for June 2, 1992 Council meeting. CITY ENGINEER'S REPORT: None CITY ATTORNEY'S REPORT: Attorney Miller recapped Jerrry Fills's update from the last meeting on the outcome of the Jamie Olson lawsuit. 9. CITY COUNCIL REPORTS: Councilman Johnson commended the City staff, the maintenance crew, and all workers involved on doing a fabulous job on Saturday's Clean -Up Day. 10. CITY ADMINISTRATOR'S REPORT: A. Street Sweeper M/S/P Mottaz/Mayor Johnson - to authorize purchase of a street sweeper with a complete set of extra brooms from Ramsey County at a cost of $10,500. ($4500 in budget for street sweeping, plus $8800 in Maintenance Dept's capital outlay budget). (Motion carried 3-1: Dick Johnson: Even though this needs quick actiondthe MAC should review this purchase). LAKE ELMO CITY COUNCIL MINUTES MAY 18, 1992 7 B. Optical Scan Election Equipment M/S/P Dick Johnson/Mottaz - to authorize the city staff to purchase Optical Scan Election Equipment at a quote of $14,145 from Business Records Corporation. (Motion carried 3-1: Mayor Johnson: He wanted more information from the Finance Director because he was fearful of a budget shortfall.) M/S/P Mottaz/Dick Johnson - to adjourn the Council meeting at 10:40 p.m. (Motion carried 4-0). ------------ ORDINANCE 8066: Repealing Section 505.260 and amending Section 505.320A and Section 505,410 of. the Lake Elmo Municipal Code. ORDINANCE 8065: Adding Section 1005 Relating to the Regulation of Bicycling to the Lake Elmo Municipal Code .