HomeMy WebLinkAbout10-06-92 CCMIII14UTES APPROVED: 10-20-92
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 6, 1992
Mayor Johnson called the Special meeting to order at 5:00
P.M. in the City Council chambers. Present: Mayor Johnson,
Hunt, Dick Johnson, Mottaz, Williams, City Engineer Bohrer
and Administrator Kueffner.
1. Discussion with Washington County Public Works
regarding proposed 10th street improvements
The Council requested Mr. Wisniewski go back to the County
Board to consider a bike trail to the Regional Park and come
back to the Council with an opinion.
M/S/P Mayor Johnson/Dick Johnson - to continue this
discussion with Washington County Public Works on Tuesday,
October 13th at 7:00 p.m. (Motion carried 4-1: Mottaz).
2. Discussion of County Roads 10 & 19 Intersection
The Council received a letter from Donald J. Theisen, Deputy
Director of Public Works, offering their findings and
recommendations regarding the city's request for a
yellow/red flashing semaphore at the intersection of County
State Aid Highway 10 (CSAH 10) and CSAH 19.
M/S/P Mottaz/Dick Johnson - to adjourn the special workshop
at 6:15 p.m. (Motion carried 5-0).
Mayor Johnson called the city council meeting to order at
7:02 p.m. in the city council chambers. PRESENT: Mayor
Johnson, Hunt (departed 7:25 p.m.), Dick Johnson, Mottaz,
Williams, City Engineer Bohrer, Attorney Filla and
Administrator Kueffner.
1. AGENDA
Add: 2. Minutes: September 22, 1992, Minutes: September
29, 1992, 5F. Street Light Request from Oakdale Gun Club, 9.
Resolution submitted by Councilman Williams, 10D.
Appointment of Melanie Dittmann to Heritage Preservation
Commission, 10E. Reschedule November 3, 1992 City Council
meeting.
M/S/P Hunt/Williams - to approve the October 6, 1992 City
Council agenda as amended. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 6, 1992 2
2. MINUTES: September 1, 1992
M/S/P Williams/Hunt - to approve the September 1, 1992 city
council minutes as presented. (Motion carried 4-0-1:
Abstain: Dick Johnson).
MINUTES: September 16, 1992
M/S/P Williams/Hunt - to approve the September 16, 1992 city
council minutes as presented. (Motion carried 4-0-1:
Abstain: Dick Johnson).
MINUTES: September 22, 1992
M/S/P Dick Johnson/Williams - to approve the September 22,
1992 City Council workshop minutes as presented. (Motion
carried 5-0).
MINUTES: September 29, 1992
M/S/P Williams/Dick Johnson - to approve the September 29,
1992 minutes of the Joint meeting with the cc/pz and United
Properties. (Motion carried 5-0).
3. CLAIMS
M/S/F Williams/Dick Johnson - to approve the October 6, 1992
claims 4931 thru #976 as presented. (Motion failed 2-2:
Mayor Johnson: Regarding claim 4946, he will not fund any
offense against the city, Mottaz: This is an appeal and if
Councilman Hunt is found innocent of all charges, the city
will pay the bill)
M/S/F Mottaz/Mayor Johnson - to approve the October 6, 1992
claims with the exception of claim #946 Holmes & Graven
Attorney Fees $376.16. (Motion failed 2-2: Williams, Dick
Johnson: It is the taxpayers that are going to pay this
bill. Both Dunn and Hunt have been found innocent by the
court. How can we ask people to serve in this capacity when
potshots are taken at them).
Councilman Hunt left the meeting in protest at 7:25 p.m.
noting he could not sit at the same table with Mayor Johnson
and Councilman Mottaz when they refused to include the
Holmes & Graven attorney fees in their claims.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 6, 1992 3
4. PUBLIC INQUIRIES/PUBLIC INFORMATIONAL:
James P. Dillon, 8190 Hill Trail N., submitted a petition
signed by property owners on the channel connecting Lake
DeMontreville and Lake Olson, requesting the City to
purchase 2-3 "No -Wake" buoys. These buoys are to be placed
by the Washington County Sheriff's Office in and at the
mouths of the above named Channel. Further, they request
that the City also post a sign at the public access on Lake
DeMontreville to inform the public of this "No Wake" area.
The Council will consider this request at the next council
meeting, but asked that this request also be made of the
Tri-Lakes Association.
Rita Conlin, 8560 Ironwood Trail N., asked the City Attorney
if Councilman Hunt wins his appeal and the City does pay the
attorney fees, can the city sue Mr. Sovereign for
reimbursement of legal fees? Attorney Filla responded that
the claim that is to be made for reimbursement is a claim
submitted by a party of interest.
Margaret Carlson, 8735 27th St. N., thanked the council
members who attended the ReAPP ceremony celebrating "the
death of the dump". Carlson voiced her concern on the
statement written by Mayor Johnson in his campaign
literature. Mr. Johnson's contribution to the 5-year fight
was one vote along with four other council members who voted
to use part of the landfill referendum funds for education
and legislative purposes. This motion was made by Dick
Johnson and seconded by Todd Williams as stated in the
January 5th, 1991 minutes. This was Mayor Johnson's total
involvement and to suggest anything else is an insult to the
200+ ReAPP families in this community for their time and
money that they spent to actually help the ReAPP fight.
Mayor Johnson stated he met with a number of legislators
and did attempt to talk to them in ReAPP's behalf. During
the last campaign it was Mr. Mottaz and himself who made the
issue that we had to get the information out and get some
legislative action taken here.
5. OLD BUSINESS:
A. Cimarron Storm Shelters
M/S/P Williams/Dick Johnson - the city council determines
that the storm shelter capacity of Cimarron shall be
satisfied by two shelters and that the population to be
accommodated at 100% utilization as required by the state
shall be according to the 1990 census. (Motion carried 4-0).
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 6, 1992 4
Several Councilmembers indicated they see this as a burden
primarily of the landowners, realizing that at least part of
the cost will be passed on to the residents, it would be
nice if the city could help, but they did not want to see
city staff burdened by filling out applications for grants.
B. Parks Commission's Recommendation on Bicycles in
City Parks.
There was public input by interested mountain bikers and
parks commission members to whether or not mountain biking
was an appropriate use in Sunfish Lake Park,
MIS/ Williams/Dick Johnson - to adopt the Parks Commission
recommendation to keep Sunfish Lake Park closed to mountain
bikes until the end of October 1993 and any interested park
commission members and representatives of other groups be
urged to form a new study committee to work on the
incorporation of mountain biking.
M/S/P Mottaz/Dick Johnson - to amend the motion by deleting
the portion after mountain bikes; the motion would read
"Mountain Biking will not be allowed in Sunfish Lake Park"
(Motion carried 3-1: Williams: It is important to allow at
least a years rest which would allow staff a chance to work
over the trails. I am still interested in listening to
additional proposals that would be presented to the council.
M/S/F Mayor Johnson/Mottaz - to amend the motion to include
horse back riding will not be allowed in Sunfish Lake Park.
(Motion failed:1-3: Dick Johnson, Mottaz and Williams: as a
matter of procedure they did not want to bypass the parks
commission and wanted a recommendation from them).
M/S/F Williams/Dick Johnson - to postpone further
consideration of this matter until the parks commission can
come back to the council with a detailed list of those
activities which they feel are appropriate for this park and
those activities which they reasonably feel are not
appropriate for this park. (Motion failed 2-2: Dick
Johnson, Mottaz: In favor of original motion of banning
mountain bikes).
M/S/P Williams/Dick Johnson - that mountain biking not be
allowed in Sunfish Lake Park. (Motion carried 4-0).
C. Comprehensive Plan
(1) Ordinance 8072 - Limited Business
M/S/P Williams/Dick Johnson - to adopt Ordinance 8072, as
corrected, An Ordinance adding Section 301.070 D.14 "Limited
Business" to the 1979 Lake Elmo Municipal Code, as
corrected. (Motion carried 4-0).
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 6, 1992 5
M/S/P Mottaz/Dick Johnson - to approve and authorize the
Summary of Ordinance 8072 relating to Section 301.070 D.14
"Limited Business Zoning District" be published. (Motion
carried 4-0).
(2) Ordinance 8073 - Business Park
M/S/P Dick Johnson/Mottaz - to adopt Ordinance 8073, as
corrected, An Ordinance adding Section 301.070 D.15.
"Business Park" to the 1979 Lake Elmo Municipal Code.
(Motion carried 4-0).
M/S/P Dick Johnson/Mottaz - to approve and authorize the
Summary of Ordinance 8073 relating to Section 301.070 D.15
"Business Park" be published. (Motion carried 4-0).
(3) Resolution No. 92-21, Comprehensive Plan
Amendment for MUSA extension
M/S/P Mottaz/Dick Johnson - to adopt Resolution No. 92-21, A
Resolution amending the 1990 Lake Elmo Comprehensive Plan
for MUSA Extension. (Motion carried 4-0).
(4) Development Moratorium for Areas Designated
Limited Business on the Future Land Use Map
The Council acknowledge this was a moot point because
regulations are adopted for the Limited Business Zoning
District.
D. Failing Septic Systems
Clayton Michaels, 8066 Hill Trail N., and Artie Schaefer,
9397/9399 Jane Road N. are experiencing problems with their
septic systems. Because their lots have insufficient room
to construct a new drainfield or mound, they have asked the
City to allow them to use the existing nearby city
drainfields.
City Engineer Bohrer reported in his memo dated September
30, 1992 that there are city -owned drainfields across from
these properties and the new drainfields would not have a
negative effect on the existing drainfields. The property
owners would be responsible for all construction costs and
would pay a quarterly sewer bill just as other 201 systems
do.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 6, 1992
M/S/P Williams/Mottaz - to direct the city staff to inform
the residents that the city council is willing to hook up
the properties (Clayton Michaels, 8066 Hill Trail, and Artie
Schaefer, 9397/9399 Jane Road) to the existing nearby city
drainfield; however, the city council wishes the
propertyowners to file formal petitions so the cost can be
passed through in the most expeditious manner. (Motion
carried 4-0).
E. Cottage Grove Ravine Watershed
M/S/P Williams/Mottaz - to direct the staff to prepare a
resolution formally withdrawing from the CGRWMO and further
to direct the staff to communicate to other communities in
the organization of our intention to withdraw. (Motion
carried 4-0).
F. Street Light Request from Oakdale Gun Club
10386 North 10th St.
The Council received a petition for a street light on the
power pole east of the driveway at 10386 North 10th St,
Oakdale Gun Club, because the driveway is difficult to see
at night and club members using the driveway for evening
meetings are concerned about passing the driveway or driving
over the embankment. The Oakdale Gun Club agrees to pay the
installation costs and also operational costs as outlined in
the Lake Elmo street lighting policy.
M/S/P Williams/Mottaz - to request Northern State Power to
install a 150 watt street light and that Oakdale Gun Club be
informed that the city will bill them yearly for operational
cost and any installation cost. (Motion carried 4-0).
PLANNING/AND USE & ZONING:
A. Minor Subdivision - Exceptions to Platting
Everett Beaubien, 3681 Kelvin Avenue
M/No Second/ Mayor Johnson - to adopt Resolution 92-22
approving a minor subdivision for Everett Beaubien
M/S/P Williams/Dick Johnson - to direct the staff to inform
Everett Beaubien that the City Council determines that where
the possibility exists for full conformance of newly created
lots and consolidated lots shall conform to the zoning
district minimum requirements. (Motion carried 3-1: Mayor
Johnson:Mr. Beaubien has been here so many times, now he has
done a survey according to our Ordinance for a minor
subdivision.)
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 6, 1992 7
M/S/P Dick Johnson/Williams - to postpone consideration
until the city attorney can prepare a modification to
Ordinance 8071, Exceptions to Platting, to include the
wording "Wherever possible, all newly created lots shall
conform to the zoning district minimum requirements" and
further to direct the city staff to inform known applicants
requesting lot consolidations that the city attorney is
preparing such a revision to Ordinance 8071. (Motion
carried 4-0).
B. Ordinance 80 Proposed Amendment to Section 401.360
Relating to Monumentation of Plats
M/S/P Williams/Dick Johnson - to direct the staff to prepare
an ordinance amending Paragraph C of Section 401.360 of the
Lake Elmo Municipal Code: Add Paragraph D to Section
401.360 to read as follows: Proof of the final monumentation
shall be in the form of a Surveyor's Affidavit that said
monumentation is complete. The Surveyor's affidavit shall
be submitted to the Washington County Surveyor's office and
to the City of Lake Elmo within one year from date of
recording the plat or prior to the issuance of building
permits, whichever is sooner. (Motion carried 4-0).
C. Ordinance 8074 Proposed Amendment to Section
301.060D.1. Relating to Conditional Use Permits
The Planning Commission recommended the city council adopt
the draft ordinance amending Section 301.060 D.1.
Conditional Use Permits.
M/S/P Williams/Mottaz - to adopt Ordinance 8074, as
corrected (change zoning body to governing body), An
ordinance amending Section 301.060 D 1 (Conditional Use
Permits) of the Lake Elmo Municipal Code. (Motion carried
4-0).
D. Petition for extension of Isle Avenue through to
Jane Road N. by the City
The City received a petition from the Collyards and the
Colosimos for road improvement (extension of Isle Avenue
through to Jane Road N.). The Council was asked to
determine if the city wants to upfront the costs for the
proposed extension of Isle Avenue.
The Council indicated they did not want to upfront costs for
proposed extension of Isle Avenue and was not in favor of
extension of the cul-de-sac. Colosimo's attorney said they
were interested in a feasability study, but they wanted an
estimate before agreeing to pay for it.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 6, 1992
M/S/P Mayor Johnson/Dick Johnson - to direct the City
Engineer to prepare a cost estimate for feasibility study
for extension of Isle Avenue and to direct the city staff to
contact property owners on west side and keep them informed
of the status. (Motion carried 4-0).
E. Request by Planning Commission to have planner
prepare base maps of adjacent communities with common
boundaries
M/S/P Williams/Mayor Johnson - that the Planning Commission
be directed to gather the current zoning and future land use
maps from surrounding communities and give them to the City
Administrator and authorize the city administrator to hire
an intern, not to exceed $150, to compose a map of adjacent
communities along common borders. (Motion carried 4-0).
F. Request for Extension of time to complete the
preliminary plat of Rolling Hills & Final Plat of Fox Fire
Manor
The City received a request from Pacesetter Property
Management, Inc., for extensions for Rolling Hills
preliminary plat and for Fox Fire Manor final plat. Because
of timing with coordination of both parcels, wetland issues
and obtaining rights for development of Rolling Hills, they
would not be able to start the construction process until
Spring.
M/S/P Williams/Dick Johnson - to direct the staff to inform
Larry Liles that the City grants an extension to May 31,
1993 provided that he adhere to four (4) conditions: enter
into a Developer's Agreement, supply a legal description for
road thru Rolling Hills (blanket easement), incorporate new
road specs into the plan, obtain Valley Branch approval, all
within one months time, If he fails to comply, the final
plat for Fox Fire Manor and the preliminary plat for Rolling
Hills will be declared void. (Motion carried 4-0).
G. Ordinance 8075- Relating to Signs
M/S/ Williams/Dick Johnson - to adopt Ordinance 8075, An
Ordinance adding Sections 505.040 W and X and amending
Sections 505.300A, 505.310A, 505.320 and 505.410 of the 1979
Lake Elmo Municipal Code as it relates to signs
M/S/P Williams/Mottaz - to postpone consideration of the
motion until the next meeting for further Council review and
ask the Code Enforcement Officer for a clarification on an
apparent contradiction for the residential zone: the type of
sign allowed includes name plate signs where in the past
signs that advertise businesses in residential zones have
not been allowed. (Motion carried 4-0).
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 6, 1992
CITY ENGINEER'S REPORT:
SW-1 Watermain Protect:
Larry Bohrer reported that four property owners were
resisting well abandonment and the county assisted by
enforcing their ordinances. Keyes Well Drilling will abandon
the four wells and the general contractor, Kenko, will make
the connections.
Tower Asphalt Road Maintenance Protect:
The overlays have been completed and the Demontreville Park
parking lot and Fire Station #2 parking lot should be paved
this week depending on the weather.
8. CITY ATTORNEY'S REPORT: No Report
9. CITY COUNCIL REPORTS:
Councilman Williams submitted a resolution for council
review which adopts a policy that if any city employee is
ordered to perform a task by an individual council member
not acting at the direction of the council as a whole, that
city employee should direct the council member to direct
his/her request to the city administrator. This resolution
will be discussed at the October 20th city council meeting.
10. CITY ADMINISTRATOR'S REPORT:
A. Ski -trail Agreement with Washington County
M/S/P Williams/Dick Johnson - to approve the Ski Trail
Grooming Agreement with Washington County and authorize the
city administrator and Mayor to sign the 1992/93 Ski Trail
Agreement with Washington County. (Motion carried 4-0).
B. Furnace for Parks Department Building
M/S/P Dick Johnson/Mottaz - to authorize the purchase of a
"Trane" furnace for the Parks Building from Schwantes in the
amount of $1947, the low bid received, to be taken from the
Parks Capital Improvement Fund. (Motion carried 4-0).
C. Employee Evaluations
Discussion on Employee Evaluations will be discussed at the
October 13th Special City Council meeting.
D. Appointment of Melanie Dittman to the Heritage
Preservation Commission
The Council received a request from Melanie Dittmann, 3479
Lake Elmo Avenue N., to be considered for appointment to the
Heritage Preservation Commission.
M/S/P Mottaz/Williams - to appoint Melanie Dittman to the
Heritage Preservation Commission. (Motion carried 4-0).
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 6, 1992 10
E. Reschedule November 3, 1992 City Council meeting
M/S/P Mottaz/Williams - to reschedule the November 3rd city
council meeting to Thursday, November 5th at 7:00 p.m.
(Motion carried 4-0).
M/S/P Mottaz/Dick Johnson - to adjourn the council meeting
at 12:10. (Motion carried 4-0).
------------------------
Ordinance No. 8072: An Ordinance adding Section 301.070 D.14
"Limited Business"
Ordinance No. 8073: An Ordinance adding Section 301.070 D.15
"Business Park"
Ordinance No. 8074: An Ordinance amending Section 301.060 D
1 (Conditional Use Permits)
Ordinance No. 8075: An Ordinance adding Sections 505.040 W
and X and amending Sections 505.300A, 505.310A, 505.320 and
505.410 as it relates to signs.
Resolution No. 92-21: Resolution amending the 1990 Lake Elmo
Comprehensive Plan for MUSA Extension