Loading...
HomeMy WebLinkAbout02-12-1990 Council Minutes.4 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 12, 1990 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, and Nettles. Councilmembers Peterson and Callahan were absent. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, Police Chief Kilbo, City Engineer Cook, City Attorney Barrett, and City Recorder Scheff ler. CONSENT AGENDA* City Administrator Bernhardson requested the removal of Consent Item #6; Councilmember Goetten requested removal of items #13A and #28. Bernhardson noted that Mr. Dan Parten, was requesting that his application #1470, #8 on the agenda, be tabled. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve the Consent Agenda with the exception of Items #6, #13A and 28, which were removed and • discussed in the order they appear on the agenda. Motion, Ayes =3, Nays =O, Motion passed. APPROVAL OF MINUTES* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve the Minutes of the January 22, 1990 Regular Council Meeting. Motion, Ayes -3, Nays -0, Motion passed. OATH OF OFFICE - JEFFREY LARSON City Administrator Bernhardson asked Officer Larson to take the Oath of Office. Mayor Grabek welcomed Officer Larson to the Orono Police Department. PARK COMMISSION COMMENTS PARK DEDICATION FEE ORDINANCE Bernhardson informed the Council that the Park Commission had requested tabling this matter until the February 26, 1990 Council Meeting. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this matter until February 26, 1990. Motion, Ayes -3, Nays -0, Motion passed. . LAKE MINNETONKA CONSERVATION DISTRICT REPORT JoEllen Hurr, Gene Strommen and David Arndorfer were present. 1 4' MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 Eurasian Milfoil - IV Gene Strommen began the presentation by providing updated information regarding Eurasion Milfoil funding. Strommen said, "The latest information regarding funding involves our appeal to the Hennepin County, Ways & Means Committee. We are asking for $83,500.00 as a share in the program, which would be more than their 1989 contribution. Their contribution last year was strictly limited to in -kind contribution of a field supervisor. We have asked them to help fund our trucking service, in addition to a field supervisor this year. We have reason to believe that we will be given reasonable consideration. We are still waiting for funds from the DNR. The DNR had wanted to put the LMCD on hold until the end of their fiscal year. We are also preparing to launch our volunteer compaign. We budgeted $55,000.00, but we may need to raise more than that to offset some possible shortfalls in the DNR and possibly Hennepin County. The cities have all committed their share through budgeting this year for a total of $60,000.00. We are very grateful that we received that contribution. We have projected that the project will cost $195,000.00 based on a 15 week cutting program. Cutting will begin the Monday after Memorial Day and concluding on September 7th. We will have 4 machines to put in full service at the beginning of the program. We expect to have a permit approved to cut 1500 acres compared to the 667 cut last • year. We will cut our shifts back from 14 hours to 8 hours. At this point we are just about committed to running the program ourselves as opposed to contracting it out." Mayor Grabek said that there is some controversy as to whether contracting out would be more or less expensive. Strommen replied that they had considered taking bids to do the harvesting. However, what they knew of the potential harvesters, there were not enough contractors available to serve their needs. Also, the harversters used by other contractors generally cut only a 7' path, as opposed to 141. Grabek asked what percent of total milfoil existing, the 1500 acres represents? Strommen replied, "Approximately 1/3." Grabek asked about the opportunity for using chemicals to eliminate the milfoil? Hurr replied that the DNR is still looking at that option. Chemicals can be used on a small scale. Strommen added that chemical are permitted in only 10% of the infested area compared to 50% for cutting. He said, "We are • not cutting the entire acreage where the weed is located, much of which is in between the docks and along the shorelines. It is the responsibility of the homeowner to take care of that area. FA MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 • EURASIAN MILFOIL CONTINUED We are working primarily on the recreational boating traffic patterns and some of the fishing areas." Nettles asked whether there were chemicals available to individual homeowners to kill the weed near their docks? Strommen replied that it would be best for an individual to use a commercial service, otherwise they would need to obtain a permit. Grabek confirmed that chemicals were not available on a large scale basis? Strommen agreed and added, "Minnesota is one of the toughest States on the use of herbicides and chemicals in water." Hurr informed the Council that the Freshwater Foundation is working on the milfoil problem. She said there will be a workshop in March which will bring in professional people from all over the Country that have been involved with Eurasian Milf oil. Goetten questioned whether the LMCD will need the City to provide a truck and driver to do some of the hauling? • Hurr replied that would be necessary if they are not able to get County assistance. Hurr said, "We are looking to the cities to provide storage space for the weed. When you see what the cities are going to have to do for composting leaves and grass clippings, you might consider whether there will be space for the weed. The weed is a good nutrient and makes a better compost than just leaves and grass clippings." Nettles asked how much area the LMCD is requesting for disposal of the weed? Hurr replied that the LMCD was looking for area nearby, which implies anywhere in Orono. Hurr added that the LMCD is hopeful that farmers will take the milfoil as they did last year. She noted however, that Hennepin County will be paying farmers to take leaves and grass clippings and they may not be willing to take the milfoil for free. Comprehensive Plan - Hurr informed the Council that she, Mr. Strommen, and Mr. Arndorfer were here to answer any questions regarding the Comprehensive Plan. The Comprehesive Plan is scheduled for distribution around the 19th of April. There will be a 60 -day review period and the revisions will be made and a final plan •will be drafted by July 19th. Hurr said that the only entities that have to adopt the plan are the Met Council and the LMCD. Hurr said that Bernhardson had been especially helpful with the preparation of this document. She further commented that Orono has the best shoreland regulations of any of the shoreland 3 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 COMPREHENSIVE PLAN communities. Goetten said that her concern was the funding for this project. She indicated that it was disappointing that the Met Council and /or DNR want to be involved with the Plan, but are not willing to provide any funding. Hurr said, "If the Board is expanded to 18 members including those other bodies, with them would come funding." Mayor Grabek asked how much the spending for the Lake had increased? Mr. Arndorfer said that taking everything into account, including water patrol, the spending on the Lake was approximately $600,000. The spending would increase to approximately $1,000,000.00. He suggested that if the recreational use of Lake Minnetonka is going to continue, funding will be necessary to assure that. Mayor Grabek asked Mr. Arndorfer, "In your opinion, from where is the greatest pressure to control the lake and shoreline coming ?" Mr. Arndorfer explained that a Metropolitan Access Committee was formed several years ago. The Committee decided that Lake Minnetonka was high priority and had inadequate access. Adequate access was defined as being one boat coming through a public access, for every 20 acres on the Lake. This translated to 700 car /trailer parking spaces on Lake Minnetonka. He said that the basic issue for the DNR at this time is to give the Metropolitan Access Committee 700 confirmed car /trailer parking spaces. Mr. Arndorfer said "When the Lake became more important from a regional perspective, there was no change in inter - governmental relations, no change in funding or institutional arrangements to accomplish those goals. That is where the conflict became intense." Arndorfer suggested that should the 700 parking spaces be provided, and the Comprehensive plan is in place, the DNR and Met Access Committee should not interfere. Councilmember Goetten asked Hurr if she believed that the Met Council and DNR are working with the Lake Communities in trying to come out with a successful management plan? Hurr said that it will be hard to determine that until the Met Council and DNR have provided their review of the Comprehensive Plan. Councilmember Nettles asked whether the addition of 4 other members would result in a loss in control by local municipalities? Mr. Arndorfer said that during the process of developing the Comprehensive Plan, it became apparent that the Board had to be 4 U • is MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 COMPREHENSIVE PLAN CONTINUED opened up to representation other than local municipalities if this was going to be resolved. Arndorfer said, "This is because the perception was that decisions out here were made in parochial manner. That decisions were made by the LMCD for the benefit of the lakeshore property owners and residents of lakeshore communities. After observing the LMCD for two years, I don't believe that was the case, that is not how they function. After a member is on the Board for a year or so, he /she starts making decisions on the basis of what is best for the Lake. It takes about a year to get that perspective. However, when you look at certain patterns out here, there is some credence to support the argument that decisions are made to benefit local residents. We have tried to take care of that potential argument with the Comprehensive Plan. Adding members to the Board is one key to the Comprehensive Plan. It should foster communication and cooperation." Nettles asked if it was just a matter of identifying additional slots that already exist to meet the 700 slot requirement? Hurr replied that the slots do exist and it is just a matter of identifying and signing them. Hurr said that there have been conflicts with Hennepin County regarding signing of parking slots • on County roads (she used County Road 51 as an example). Arndorfer said that at one point there was great discussion regarding what was considered to be a reliable parking space. He said that they tried to deal with that issue by stating that there should be 700 car /trailer parking spaces in formal parking lots, off the street, near the lake, but not on the lake. Arndorfer suggested that the use of church and other parking lots not in use on weekends would be ideal. He said that a fee could be charged for parking and /or a shuttle service. PLANNING COMMISSION COMMENTS Planning Commission Representative Cohen indicated that he that he had no comments at this time. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT: #1428 OTTEN BROTHERS- WILLOW DRIVE /HIGHWAY 12 COMMERCIAL SITE PLAN REVIEW COUNCIL REVIEW OF PROPOSED SIGNAGE GARDEN CENTER USE City Administrator Bernhardson explained that since the information being presented was prepared, staff has determined is that the appropriate setback of the sign from Highway 12 should be greater than proposed. Staff is suggesting that the sign may need to be placed an additional 20' - 25' back. Bernhardson requested that this matter be tabled to allow staff the 5 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 ZONING FILE #1428 -OTTEN BROTHERS CONTINUED opportunity to work with the applicant. It was moved by Councilmember Nettles, seconded by Mayor Grabek, to table application #1428 until the February 26, 1990 Council Meeting. Motion, Ayes -3, Nays -0, Motion passed. CONCEPTUAL TRANSPORTATION PLAN NORTHWEST AREA City Administrator Bernhardson stated that as a result of recent subdivision applications, there was concern about the overall future transportation plan for the Bayside Road area. As requested by one of the Councilmembers, staff did a very preliminary review of the grid system for that area. Bernhardson said if Council has any interest in pursuing the linkage shown as a possibility, it would be necessary to do a Comprehensive Plan Transportation Study. If the Comprehensive Plan is to be amended, the City would be required to notify all of the area property owners. Bernhardson suggested that access corridors could be platted as part of upcoming subdivisions and used only if there is a need. Councilmember Goetten asked whether the City would request that Mr. Parten provide a portion of the proposed road as part of his subdivision? Bernhardson replied that would be a possibility. He said • that based on Mr. Parten's application, there would be a need to provide access for the property. Goetten said that Mr. Parten should not be held responsible for all the adjacent property owners. Goetten asked whether Mr. Parten was aware of what was being proposed? Bernhardson said that since the time Mr. Parten submitted his application, there has been talk of the need for an access to serve the properties up to the Luce Line. Bernhardson said that what was being presented was in response to a request by a Councilmember. This proposal represents staff's efforts to respond to that request as quickly as possible. Bernhardson said that Mr. Parten was provided with a copy of staff's proposal. Mr. Parten noted that there were other areas within Orono that lacked connection roads to complete the grid system. Gaf f ron said that the objective of staff in preparing the current proposal is to address the lack of a linkage road in the northwest quadrant. Gaffron said that there is no question that there are areas within the City where there is a "gap" in grid system. Mr. Parten commented that Orono's policy may indicate that roads are not to go through wetlands, yet McCulley Road runs is through the middle of a wetland. Parten asked what the City would have to do in order to receive approval to locate a road across the Luce Line Trail? MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 • CONCEPTUAL TRANSPORATION PLAN CONTINUED Gaffron said that if this proposal were going to be studied, that would probably be the main issue. Parten asked Gaffron whether the City would be reviewing the current zoning along with its review of the road sytem? Gaffron said that the study done in 1980 indicated that what is in place is adequate. Gaffron said there may be a need to re- examine that however. Gaffron said another issue to look at is future development pressure resulting from the extension of Interstate 394. Gaffron noted that if the City does plan ahead for an increase in density, it may be self - fulfilling. Ms. Roberta Schmidt, 3980 Watertown Road, questioned why information regarding this proposal was not distributed to all property owners that may be affected? Bernhardson said that the proposal being presented this evening is very preliminary. If Council has any interest in pursuing this kind of linkage, we would notify all of the residents for their input. Mr. Jerry Rice, 4025 Watertown Road, said, "I would like to • put a stake through the heart of this monster before this goes any further. I feel that this proposal is going to vastly impact my home, the Dorn's next door and the Luce Line. I think that swamp is the largest signficant wild area along the Luce Line. What you are contemplating is very expensive because that map does not show the topography of that area and the hills that you are going to be dealing with. I believe that the DNR's input should be sought if you are serious about this. ` I'm hoping that you are not serious about this. I think that you are going to get a lot of resistance „to this. I will resist this with every bit of energy and money at my disposal." Mayor Grabek reiterated that this proposal is a preliminary analysis of the development of the City. Mayor Grabek told Mr. Rice that his input was welcomed and appreciated. However, the City must look ahead to future development and needs. He said that poor planning would create a road system that would be ineffective as far as traffic flow, fire and police. He said that they need to continually analyze the situation, keeping in mind the environment. Grabek said that the subdivision of property has prompted this analysis. Mr. Loren Butterfield, 3925 Watertown Road, said that he has 20 acres and is trying to subdivide only 5 acres. He has no intention of subdividing the remaining 15 acres. Mr. Butterfield asked that the City provide the property owners with information Sresulting from any transportation study that may be done. Mayor Grabek said, "I don't think the Council has a record of pushing through major programs in this City without notifying the people residing in that area. Let me put your mind at ease 7 MINUTES OP ORONO COUNCIL MEETING OP PEBRUARY 12, 1990 CONCEPTUAL TRANSPORTATION PLAN CONTINUED • that we would not be trying to sneak something through." Councilmember Goetten added that the City was legally obligated to inform residents of projects such as this prior to implementation. Mr. Parten said that the 5 -acre zone was a sensitive area, representing a small portion of the property in Orono. Mr. Parten believed that the pressure for subdividing came more from the 2 -acre zone than the 5 -acre zone. Mr. Loren Rjersten, 680 Orchard Park Road, asked whether the developers of the two subdivisions would be asked to bear the cost of the road being proposed by the City? Bernhardson said that has not been considered yet because of the preliminary nature of the review. Mr. Parten asked if would be possible to direct staff to look only at the 2 -acre zone and defer any action regarding the 5 -acre zone? Bernhardson said that if there is any further consideration of what is being proposed this evening, and a Comprehensive Plan amendment is required, the affected property owners will be • notified at that point. Nettles said that it is the property owners that wish to subdivide that have control over the rate at which the City develops. He pointed out the fact that once a property owner subdivides and a certain number of houses are present on a road, the City's code requires that the road be upgraded. Bernhardson said that the grid system and internal circulation are the two issues involved here. He said that the lack of access to the Styles property has been a concern for sometime. It was due to a lack of planning that the property became land - locked and the City is trying to avoid having a similar situation occur. The City needs to provide internal circulation without creating additional curb cuts onto Bayside Road. Mr. Rice commented that the people in the 5 -acre zone would prefer to have the City condemn that land - locked lot than add another street to the grid. Bernhardson said that it is possible to serve the land- locked parcel and provide internal circulation without crossing the Luce Line. Bernhardson said "Even if the Council agreed to not ever look at a road across the Luce Line, that does not mean that it won't be necessary to have a corridor through the Parten • property to serve the northern lot." Councilmember Goetten said that it is the role of the MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 • CONCEPTUAL TRANSPORTATION PLAN CONTINUED Council to plan for the future of the entire City. She said that the Council would not do anything without properly notifying those that would be affected. Goetten said the Council appreciates the 5 -acre zone and would like to keep it as is. However, the Council cannot prevent people from coming into the City, purchasing and subdividing property. The Council has to plan for that. Goetten said that she welcomed the comments being brought forth this evening. It was moved by Mayor Grabek, seconded by Nettles, to table this matter and direct staff to notify all affected property owners if there is any further action on the transportation plan. Motion, Ayes -3, Nay -0, Motion passed. #1470 DAN & RUTH PARTEN 4300 BAYSIDE ROAD PRELIMINARY SUBDIVISION It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table application #1470, as requested by Mr. Parten. Motion, Ayes -3, Nays -0, Motion passed. #1473 JACQUELYNN KELLY 2056 SHADYWOOD ROAD AFTER -THE -FACT VARIANCES • Ms. Jacquelynn Kelly, Mr. James Klein, Mr. Stuart Bear, Attorney for the applicant and Mr. Dennis Johnson were present for the review of this application. City Administrator Bernhardson provided a brief explanation of this request for after - the -fact variances. Mayor Grabek asked the applicant why work had continued after the City had issued a stop work order? Mr. Johnson replied that due to winter coming, work continued so that the lumber would not be laying on the ground. Councilmember Goetten noted that the stop work order was issued in September, which she did not consider to be winter. Mr. Johnson said that his client has complied with the recommendations of the Planning Commission. They have removed the portions of the deck extending into the 0 -75' setback area. The neighbors on each side of Ms. Kelly have no objections to the deck as long as there is nothing built on top of it. Mr. Johnson said that Mr. Bear would be preparing a document that would place future land owners on notice that nothing further could be done to the deck. Mr. Johnson noted that the portion of the deck that extends into average lakeshore setback is lower than the pre- 40 existing deck. Mr. Bear said that it is the intent of the applicants to bring the deck into conformance with the 10' side setback. O MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 ZONING FILE #1473 -KELLY CONTINUED • Councilmember Goetten said that the Council looks unfavorably on persons that build without the proper permits and then continue working after a stop work order is issued. Goetten said that she was happy to see that there will be no need for a side setback variance and that hardcover in the 75 -250' is being reduced. Goetten said that she would like to see hardcover in the 250 -500' zone also reduced. She said that they can rebuild the deck to be the same as the original deck. Otherwise the new deck can exist with only a step to the ground. Goetten informed Mr. Johnson that the City can include language in the resolution that would not allow anything further to be added to the deck. Mr. Johnson said that what his client would like to see is approval of the average lakeshore setback in exchange for the hardcover being removed. Mr. Johnson said that the agreement they are proposing to draft would immediately notify any future purchaser of the property that the restriction regarding the deck exists. Mr. Johnson also informed the Council that Ms. Kelly was not the person building the deck. He said that the violation matter is being handled through the normal ticket process. Mr. Johnson said that he would like to treat this as if someone is looking to add to their property, but subtract in certain areas that will make the addition more acceptable to the Council. Mayor Grabek asked Planning Commission representative Cohen for his opinion regarding this matter. Mr. Cohen recollected that he and Chairman Kelley had recommended denial. Councilmember Goetten said that she was disappointed that the Planning Commission had not recommended that additional hardcover be removed. Councilmember Nettles asked what hardship existed to warrant approval of the variances? Mr. Johnson said that the pre- existing deck was not secured to the ground and was very f limsy. Mr. Johnson said that there are glass doors extending across the front of the house. Mr. Johnson requested that the Council table this matter as opposed to denying it. Mayor Grabek asked who the builder was that constructed the deck? Mabusth replied that to the best of her knowledge the contractor was a relative of the applicant from Arizona. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this application. Motion, Ayes -3, Nays -0, Motion passed. 10 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 #1467 CHARLES & ANN HOMMEYER 4125 OAR STREET AFTER -THE -FACT VARIANCES Mr. and Mrs. Hommeyer were present for this matter. City Administrator Bernhardson provided the Council with a brief explanation of this application. Mr. David Morse, builder of the home adjacent to the Hommeyers, said that he had just sold the home he built. The new owner has indicated that he objects to the privacy fence being built. The fence would interfere with the lakeview sight lines of the residence. Mr. Morse said that the purpose of the average lakeshore setback, is to protect the views of the lake. Mr. Morse said that there is no hardship to warrant granting the variance for the fence. He said that the Hommeyers have stated that the fence is needed to reduce the noise from the tram on his property. Mr. Morse said that the noise generated from the tram would be less than that of an air conditioner compressor. Mr. Morse said, "In regard to the lower deck, if the Council approves a variance for that, they will be setting a precedent. They will encourage people to construct something that is not allowed and then come into the City to get a variance." Mr. Hommeyer explained that the retaining wall was built in • 1981 because the bank was sliding into the lake. He said that he was unaware of the need for City approval to do that work. Construction of the deck and stairs began in 1983, prior to the issuance of a Certificate of occupancy in 1985. Mr. Hommeyer said that the stairs are needed because of the steep slope. He said that the deck is an integral part of the overall structure and is tied into the retaining wall. Mr. Hommeyer said that the entire system has worked to stabilize the bank. Mr. Hommeyer asked that the Council consider allowing the deck to remain until such time that it needed to be repaired. Mr. Hommeyer showed the Council pictures of him holding a board above his head, standing on the neighboring deck. He said that the pictures are to show that a fence would not interefere with the sight lines of the neighbor. Mrs. Hommeyer said that there were a number of trees cut in error by Mr. Morse's tree cutters and that is another reason that they need the fence. She said that she has obtained the opinion of various landscapers in regard to what they could plant in that area. She said they were told that they would not be very successful in planting greenhouse kinds of trees in that area. Mr. Morse reiterated that there is no hardship to grant the variances being requested. Councilmember Goetten said that the stairs are needed, but she has a concern about the deck. She said that she would be inclined to have the deck removed from its present location, and allow the Hommeyers to construct a deck closer to the house. Goetten understood that a portion of the deck could be removed Ii MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 ZONING FILE #1467- HOMMEYER CONTINUED , without disturbing the footings connected to the retaining walls. Goetten said in regard to fences, she would prefer to see vegetation rather than structure. Goetten also asked whether it would be possible to remove any other hardcover existing further to the north on the property. Mrs. Hommeyer said that the deck was tied into the retaining walls. Councilmember Goetten asked City Engineer Cook to address some alternatives to the deck. Cook said that the 3 -1/2' x 19' section between the stairways could remain. The decking could be removed from the section that is 3.8' x 12' and the timbers could be cut down to grade level and some of the structure could be placed underground so it could be grassed over. Councilmember Nettles indicated that he concurred with Councilmember Goetten. Councilmember Goetten asked Mr. Morse if he knew whether the new owner of the property may be willing to plant vegetation in lieu of the fence proposed by Hommeyers? Mr. Morse said that the Hommeyers are being compensated from • his insurance company for the trees that were removed. He also noted that the area where the trees were removed is not the same area the Hommeyers are asking to have fenced. Mayor Grabek indicated that he had no objection to the entire deck remaining since it had existed for 7 years. Grabek said that he did oppose the fence. Mr. Hommeyer asked if the fence application could be tabled to allow them time to talk with their new neighbor. It was moved by Mayor Grabek to recommend approval of the variances for the deck, stairs and retaining walls already existing, but deny the request for the 6' fence. There was no second. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to table this application to provide time for the Hommeyers to work with the neighbor on the fence issue and a full Council can decide on the deck area. Nettles said that he was not partial to the deck one way or the other. He felt that since the deck passed with the certificate of occupancy he may approve it, yet it did set a precedent which may cause him to deny it. Mabusth noted that the certificate of occupancy did not approve the deck because it was not observed by the inspector. Motion, Ayes -2, Mayor Grabek, Nay. Motion passed. 12 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 • PROPOSED ZONING AMENDMENT SECTION 10.03, SUBDIVISION 14(C) City Administrator Bernhardson said that after the Planning Commission reviewed this matter, they preferred to leave the ordinance as is. He said the Planning Commission is looking at pools from a visual coverage aspect, rather than a hardcover aspect. Councilmember Goetten thought that this issue should continue to be reviewed. It was moved by Mayor Grabek, seconded by Councilmember Nettles to table this matter. Motion, Ayes -3, Nays -0, Motion passed. ENGINEER'S REPORT: WELL BIDS HIGHWAY 12* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to award Keys Well Drilling the contract to construct the 16" well at a cost of $70,155.00 as recommended by Bonestroo, Rosene, Anderlik & Associates. Motion, Aye -3, Nays -0, Motion passed. WELL WATER TEST DRILLING PAYMENT #2* • It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve Pay Request #2 to Keys Well Drilling in the amount of $807.50. Motion, Ayes -3, Nays -0, Motion passed. WELL WATER TEST DRILLING CHANGE ORDER #1 AND #2 Councilmember Goetten was concerned about the reference in Gerhardson's memo to a suspicion of high radium and the need to retest. City Engineer Cook said that occasionally the testing results in a false reading. He said they were very concerned when they had received the reading, which is why they are retesting. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to approve Change Order #1 in the amount of $650.00 for retesting of the test well for the Highway 12 Improvement Area. Motion, Ayes -3, Nays -0, Motion passed. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve Change Order #2, extending the completion date of the water well test drilling to March 16, 1990. Motion, Ayes -3, Nays -0, Motion passed. • HIGHWAY 12 SEWER AND WATER PAYMENT #3* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve Request Payment #3 to Albrecht Construction in the amount of $41,028.41 for the Highway 12 13 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 HIGHWAY 12 SEWER & WATER PAYMENT CONTINUED is sanitary sewer & water main. Motion, Ayes -3, Nays -0, Motion passed. PLANS & SPECS WATER TOWER RESOLUTION #2755* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2755, authorizing the City Engineer to prepare plans /specifications and advertise for bids for the water tower to serve the Highway 12 improvement area. Motion, Ayes -3, Nays -0, Motion passed. PLANS & SPECS PUMP HOUSE /PUMPS AND PRESSURE TANKS RESOLUTION #2756* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2756 authorizing the City Engineer to prepare plans /specifications and advertise for bids for the pumphouse /pumps and pressure tanks to serve the Highway 12 improvement area. Motion, Ayes -3, Nays -0, Motion passed. SEWER INTERCEPTOR RESOLUTION #2757* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2757, directing the City Engineer to prepare a feasibility study relating to the • location of a main /gravity sewer line south on Old Crystal Bay Road from the Burlington Northern Railroad tracks to the Metropolitan Waste Control Commission pump station at 1000 Old Crystal Bay Road. It is additionally approved to include the costs of the feasibility study into the project costs if a project is ordered. Motion, Ayes -3, Nays -0, Motion passed. MAYOR /COUNCIL REPORT: Mayor Grabek indicated that he had nothing to report this evening. Councilmember Goetten informed those in attendance that there will be a meeting of all candidates for Governor and Legislators on Saturday, February 24, at the Art Center. Councilmember Nettles said that he had been talking with a Councilmember for the City of Minneapolis regarding the change in well regulations. The Councilmember, (Joan Campbell) had indicated that they were taking the same approach that had been suggested by the Orono Council. CITY ADMINISTRATOR'S REPORT: STUBBS BAY SEWER MEETING City Administrator Bernhardson said that a meeting had been held on January 31st regarding this matter. The general • consensus of the property owners attending that meeting was that they would like to see the project proceed, but had cost concerns. Bernhardson presented information this evening 14 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 • STUBBS BAY SEWER MEETING CONTINUED highlighting some of the issues and recommended delaying any action on this item until the February 26, 1990 Council Meeting. CITY FACILITIES City Administrator Bernhardson informed the Council and Mayor Grabek that the Architect would be attending the February 26, 1990 Council Meeting. Councilmember Goetten asked if costs and land values would be presented at that time? Goetten asked whether the aspect of working with other cities had been explored. She understood that Wayzata had expressed interest in working with Orono on a public works facility. Bernhardson replied that the feasibility of working with another city was uncertain at this time, but that he would look into the matter further. NAVARRE AREA MASTER PLANNING Bernhardson advised the Council and Mayor Grabek that the next step in the master planning process would involve a cost of approximately $9,700.00. He said this amount is within the budget, but he recommended tabling this item until all is Councilmembers are present to vote. Mayor Grabek said that he is really torn between proceeding with the project and delaying the project until the property owners push for it. Grabek said that he felt responsibility to get some organized plan to that area. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this item. Motion, Ayes -3, Nays -0, Motion passed. HIGHWOOD STORM SEWER Bernhardson said that the City has tried to resolve this matter. Public Works Director Gerhardson has outlined the three - step process, which does entail some expenditure on the part of the City. Bernhardson said that the cost to the City would be approximately $500.00 for the catch basin and $5,000.00 to do the ponding. These amounts are within the budgeted funds. Goetten asked whether the City would assess the costs? Bernhardson replied that the City would be responsible for the costs. Goetten asked about the cost of the feasibility study and whether the City would have to pay that cost as well? • Public Works Director Gerhardson replied that the cost of the study was approximately $500.00/$600.00. It was moved by Councilmember Nettles, seconded by 15 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 HIGHWOOD STORM SEWER CONTINUED 0 Councilmember Goetten, to approve the recommendations of the City Engineer and Public Works Director Gerhardson. Motion, Ayes -3, Nays -0, Motion passed. MARINAS Bernhardson informed Mayor Grabek and the Council that the license applications are being mailed. Once staff receives the completed applications, they will see what the appropriate review process is and will determine how much change has occurred. Staff will bring a recommendation to Council based on the results of that review. JOINT COUNCIL /PLANNING COMMISSION MEETING Bernhardson presented the Council with a list of topics they may wish to discuss with the Planning Commission. Bernhardson said that more than likely it will be too early to discuss the LMCD Comprehensive Plan because the draft will not be presented until April. It was agreed, after considering several options, that the joint meeting would be held Saturday, March 10th in the morning. LAKE MINNETONKA/WELLS This was an informational item. There was no discussion or motion. • HIGHWAY 12 - CORRIDOR SELECTION Bernhardson reported that MNDOT would like to establish three committees: Policy Advisory (one primary and an alternate), Technical, and Citizen. Bernhardson said that he would like to delay the appointment of persons to the Technical Advisory Committee until he receives criteria from MNDOT. He suggested advertising for public interest for serving on the Citizen Task Force. Mayor Grabek suggested that some criteria be established for the selecting the Citizen Task Force. Mayor Grabek indicated that he would like to be the primary representative for the Policy Advisory Committee and would like City Administrator Bernhardson to serve as the alternate. Councilmember Goetten believed that the Policy Advisory Committee should be comprised of elected officials. Goetten said that she has been involved with the Highway 12 Task Force for nearly two years. She said she would like very much to become a member of the Policy Advisory Committee. Mayor Grabek replied that any of the Councilmembers were welcome to attend the meetings. He said that he preferred to have the City Administrator serve as the alternate because he is • knowledgeable and is in communciation with the entire Council on a regular basis. 16 Y I MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 • HIGHWAY 12 CORRIDOR SELECTION CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Nettles, to appoint the Mayor and City Administrator as the representatives for the Policy Committee, and to delay the appointment to the Technical Advisory Committee until further information is received. Staff is directed to advertise for the Citizen Task Force position and to provide certain criteria for that position. Nettles asked whether the Citizen Task Force would exclude Council persons? Bernhardson said that he would look into that further. Motion, Ayes -2, Councilmember Goetten, Nay, Motion passed. CANINE PROGRAM Bernhardson said that the City had taken the position that the dog the officer used would be his pet. However, that Fair Labor Standards has taken the position that feeding and grooming the dog is work and that the Police Officer should be compensated for his time. Bernhardson presented a memo providing various ways in which other communities are handling this. Bernhardson recommended that the Officer work a full shift, rather than 7 -1/2 hours, compensate him in the equivalent compensatory time in shifts that are taken off. The compensatory time that the Officer takes off will be filled by the part -time Officer. Councilmember Goetten asked what the annual cost of the • program will be? Bernhardson replied, "Originally we were looking at $500.00 for the actual fees for the dog and $1,000.00 for compensation. However, due to the Fair Labor Standards requirement for overtime, we are estimating the $1,000.00 to increase to $1,400.00. The total estimated cost would be $1,900.00." Councilmember Nettles asked whether it would be feasible to take the dog to a kennel at the end of the shift? Bernhardson said that such an arrangement would perhaps interfere with the rapport between the Officer and dog but they would look into it. Goetten said that she was concerned that this program is getting more and more expensive and that Orono could work with other cities when a canine unit is needed. Goetten said that she cannot support this. Chief Kilbo said, "We are talking about an additional $1400.00 to a $950,000.00 budget. I have been lucky in the last 5 years in keeping the budget within constraints. This is not much to pay for a program that might reap some excellent benefits." • It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept the recommendation of staff in administering the canine program. Motion, Ayes -2, Councilmember Goetten, Nay, Motion passed. 17 v MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 1990 FEE SCHEDULE • ORDINANCE AMENDMENT 79, 2ND SERIES* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Ordinance #79, 2nd Series. Motion, Ayes -3, Nays -0, Motion passed. BID AWARD ASPHALT ROLLER AND /OR TRAILER* Councilmember Goetten said that she did not object to purchasing new equipment. She said in light of the increasing costs the City needs to look at the possibility of sharing equipment with neighboring communities whenever possible. Public Works Director Gerhardson agreed. He stated that this particular item, however, is difficult to share because all of the cities use it at the same time. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve the purchase of 1 new bituminous roller and trailer from Aspen Equipment Company for an amount not to exceed $23,488.00. Motion, Ayes -3, Nays -0, Motion passed. CONSULTANT SERVICES /ENGINEERING RATE* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve the engineering rates from • Bonestroo, Rosene, Anderlik & Associates to the rates proposed for 1990. Motion, Ayes -3, Nays -0, Motion passed. 3865/3877 SHORELINE DRIVE HAZARDOUS BUILDINGS RESOLUTION #2758 & #2759* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolutions #2758 and 2759, initiating hazardous building proceedings for 3865 Shoreline Drive and 3877 Shoreline Drive respectively. Motion, Ayes -3, Nays -0, Motion passed. ANNUAL INVESTMENT REPORT* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to accept the 1989 Annual Investment Report as presented. Motion, Ayes -3, Nays -0, Motion passed. COMPENSATION ADJUSTMENT OFFICE MARK THOMTON* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve the step increase for Officer Mark Thomton from $16.24 /hour to $16.727 /hour (1989 contract rate) effective January 27, 1990. Motion, Ayes -3, Nays -0, Motion passed. AGENT OF RECORD* • It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to appoint Mr. Duweyne Carlson, Apple Valley Agency, as Insurance Agent of Record for 1990 at a fee not MW: MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 • AGENT OF RECORD CONTINUED to exceed $6,500.00 including commissions earned through policy premiums paid by the City. Motion, Ayes -3, Nays -0, Motion passed. ANIMAL CONTROL VEHICLE* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to table this item until February 26, 1990 Council Meeting. Motion, Ayes -3, Nays -0, Motion passed. TELEPHONE INSTALLERS CONTRACT AMENDMENT* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to authorize the addition of Addendum #1 to the telephone contract with Telephone Specialists. Motion, Ayes -3, Nays -0, Motion passed. RECYCLING COMMISSION JOINT POWERS AGREEMENT* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve the Joint Powers Agreement with the West Hennepin Recycling Commission. Motion, Ayes -3, Nays -0, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Mayor Grabek, seconded by Councilmember • Nettles, to accept the City Administrator's Information regarding: City LOGO; Comprehensive Plan Extension; 1990 Board of Review Date; Tree Trimming - Corner Old Beach Road /Shoreline Drive; Telephone System Installation; DARE; Golf Dome; Part Time Officer Hiring; December Receipts and Disbursements; and Goal Setting. Motion, Ayes -3, Nays -0, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett requested an Executive Session. LICENSES* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve the following license: Pull Tab Renewal Application: Multiple Sclerosis Society Sell At: Jimmies Lounge 3380 Shoreline Drive Motion, Ayes -3, Nays -0, Motion passed. BILLS* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve payment of the All Funds Accounts. Motion, Ayes -3, Nays -0, Motion passed. EXECUTIVE SESSION - 9:40 P.M. Mayor Grabek requested that the Council go into an executive session at 9:40 p.m. 19 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 12, 1990 ADJOURNMENT 9:45 P.M. • It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to adjourn the Regular Council Meeting at 9:45 p.m. Motion, Ayes -3, Nays -0, Motion passed. 20 James R. 7GAbek, Mayor • 0