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CITY OF OAK PARK HEIGHTS
MINUTES OF MEETING HELD MARCH 25, 1991
Call to order by Mayor O'Neal at 7 :00 p.m. Present: Doerr,
Seggelke, Kern, Carufel, Vierling and Wilson.
Carufel, seconded by Kern, moved to adopt Resolution #91-03-10
approving the City transfer of $100, 000 .00 from the General Fund
to the Capital Improvements Fund (unallocated sub-account)
effective December 31, 1990. Roll call vote taken with 5 aye
votes cast. Resolution adopted.
Carufel, seconded by Seggelke, moved to adopt Resolution #91-03-
11 approving a General Fund designation for State Aid reductions
be established in the amount of $48, 141 .00 effective December 31,
1990 . Roll call vote taken with 5 aye votes cast. Resolution
adopted.
Doerr, seconded by Kern, moved to adopt Resolution #91-03-12
scheduling sale of $1 ,250,000 .00 General Obligation Water Revenue
Bonds of 1991 on April 22, 1991 at 7 :15 p.m. Roll call vote
taken with 5 aye votes cast. Resolution adopted.
Heritage Development will return April 8, 1991 to discuss
financing and street vacations on the River Hills plat.
Snowmobile Ordinance to be tabled until December 9 , 1991 . Police
Department and Snowmobile Club will work together to try to solve
existing problems.
Doerr, seconded by Kern, moved to allow Mark Walker to place
temporary sign for Valley Bait & Sport on Haase property May 3rd,
4th and 5th and again May 10th, 11th and 12th. Sign to be
approximately 4 ' x 8 ' . 5 aye votes. Carried.
Seggelke, seconded by Doerr, moved to accept the Oak Park Heights
Park Study of newly annexed area dated February, 1991 as
presented. 5 aye votes. Carried.
Seggelke, seconded by Carufel, moved to direct maintenance staff
to contact city engineer and draw specifications for a
handicapped access ramp at Brekke Park from the upper level to
the rest room area. 5 aye votes. Carried.
Seggelke, seconded by Kern, moved to direct staff to solicit two
quotes from qualified blacktoppers for basketball playing
surfaces. 5 aye votes. Carried.
• • OV•
LAW OFFICES OF MAR 2 1 1991
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082 J(�'
LYLE J. ECKBERG
JAMES F. LAMMERS (612)439-2878
ROBERT G. BRIGGS FAX (612)439-2923
PAUL A. WOLFF
MARK J.VIERLING
VICKI L.GIFFORD March 20, 1991
GREGORYEVINK. HGEBERGGALLE
KEVIN K. SHOEBERG
THOMAS J. WEIDNER
Ms. Barbara O'Neal, Mayor Mr. Dean Kern, Councilman
6201 St. Croix Trail N. , #113 5855 Oldfield AVenue No.
Stillwater, MN 55082 Stillwater, MN 55082
Mr. Joe Carufel, Councilman Mr. Richard Seggelke, Councilman
14625 North 57th Street 14256 - 57th Street No.
Stillwater, MN 55082 Stillwater, MN 55082
Mr. Jack Doerr, Councilman
14520 Upper 56th Street North
Stillwater, Minnesota 55082
RE: Snowmobile Ordinance
Dear Mayor and Councilpersons:
After reviewing our files as it affects the question which
was raised at a recent council meeting on the history of
snowmobile ordinance amendments and proposals, I have set forth
below a chronology of issues relating to snowmobiles and
snowmobiling that has been reflected throughout our files
beginning in April of 1978.
To begin, in the April-June, 1978 file, there is a list of a
Table of Contents which shows the old ordinance number, Section
50, being changed to Section 801 and 802 entitled "Regulation and
Operation of Snowmobiles" and "Regulating the Use of Public
Parks, " respectively (see Attachment A. ) Note, however, that no
mention is made in the Minutes of the City Council regarding any
new ordinances changes.
In the November 26, 1979, Minutes of the City of Oak Park
Heights, Councilmember Torgerson moved to instruct R. Benson to
install "no snowmobiling" signs in all parks and playgrounds.
Note that this is the second mention of any Snowmobile Ordinance
within our files. (See Attachment B. ) Pursuant to this request
by Councilmember Torgerson, a Memorandum to Lyle Eckberg from
Mark Vierling dated November 30, 1979, states that Section 801 of
the Snowmobile Ordinance is awaiting final codification; and the
particular paragraph stated in the Memorandum indicates that this
Section had not yet been published or codified. (See Attach-
ment C. )
•
Mayor and Councilpersons
City of Oak Park Heights
Page 2
March 20, 1991
The next time in which the Snowmobile Ordinance came into
the foreground was on February 4, 1980, within the document
entitled, "Oak Park Heights City Ordinances that Require
Resolution. " (See Attachment D. ) Consequently, the rationale
for the Snowmobile Resolution is based upon the November 26, 1979
meeting of the City Council.
On November 22, 1982, the City Council of Oak Park Heights,
at a meeting, directed the City Attorney to draw up a draft for
an ordinance regulating the use of all terrain vehicles and
snowmobiles. (See Attachment E. ) Pursuant to the City Council
request, a new ordinance was drafted regarding snowmobiles. (See
Attachment F. )
Again, on December 13, 1982, discussion of the Snowmobile
Ordinance was held at the City Council meeting. At this meeting
it was determined that further discussion would be needed at the
December 27, 1982, meeting of the City Council. (See Attachment
G. ) On December 27, 1982, the Snowmobile Ordinance was tabled
indefinitely by Councilmember Seggelke. (See Attachment H. )
On December 9, 1985, at the City Council meeting of Oak Park
Heights, discussion was once again taken up regarding the
Snowmobile Ordinance. However, as highlighted in the Minutes of
that meeting, it is unclear as to whether the Snowmobile
Ordinance was in regard to a study of sample ordinances as
requested by our firm. (See Attachment I. )
Again, on November 28, 1988, Councilmember O'Neal moved to
schedule a public hearing for Monday, December 12, 1988, at 7: 00
p.m. with regard to the Snowmobile Ordinance. (See Attachment
J. ) On December 12, 1988, a public hearing was held with regard
to the Snowmobile Ordinance. (See Attachment K. ) As a
consequence to either the December 12, 1988, meeting or the
November 20, 1988, meeting a new ordinance with minor
modifications was drafted with regard to snowmobiles. (See
Attachment L. )
Finally, on December 27, 1988, the Snomobile Ordinance was
tabled until January 23, 1989. (See Attachment M. )
On January 23, 1989, the only mention with regard to the
Snowmobile Ordinance is a public hearing which was continued.
This information was gathered from the Agenda of the City of Oak
Park Heights dated January 23 , 1989. (See Attachment N. ) This
411 110
Mayor and Councilpersons
City of Oak Park Heights
Page 3
March 20, 1991
is the final documentation which was in our files through
September of 1990.
Thus, the City of Oak Park Heights has amended the
Snowmobile Ordinance and/or discussed the Snowmobile Ordinance
from the year of 1974 through September of 1990.
I have also attached to this letter the various exhibits
that are identified directed to those issues. If any of you
should have any other questions in the mat -r,�ple-se do not
hesitate to contact me directly.
Yours er ruly,
Ma k J. Vierli •
MJV:kmk
Enclosures
cc: Gene Ostendorf, Chief of Police
LaVonne Wilson, City Clerk