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HomeMy WebLinkAbout04-23-1990 Council Minutes• • , , l MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 23, 1990 • ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Peterson, and Callahan. Councilmember Nettles arrived at 7:07 p.m. 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 Attorney Barrett, and City Recorder Scheffler. CONSENT AGENDA* City Administrator Bernhardson requested that item #21 be removed from the Consent Agenda. Councilmember Goetten indicated that she too wished to discuss item #21. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Consent Agenda, with the exception of item #21, which was removed and discussed in the order appearing on the Agenda. Motion, Ayes -4, Nays -0, Motion passed. OATH OF OFFICE Bernhardson introduced Ricky Karnitz, part -time police officer, and Jay Dembouski, full -time police officer, to the Council. • Bernhardson administered the Oath of Office to the Police Officers. Mayor Grabek and the Council welcomed the Officers on board. APPROVAL OF MINUTES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the April 9, 1990 Regular Council Meeting. Motion, Ayes -4, Nays -0, Motion passed. LAKE MINNETONKA CONSERVATION DISTRICT REPORT: LMCD COMPREHENSIVE PLAN - REVISED DRAFT* ThiP is an informational item for the purpose of presenting the Public Review Draft of the LMCD Long -Term Management Program to the Council for their review. PUBLIC COMMENTS: There were no public comments. • - 1 - 3 ` +• ri MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 ZONING ADMINISTRATOR'S REPORT: • #1334 REBERS CONSTRUCTION SUGAR WOODS PLAT - LOT 2, BLOCK 2 REQUEST FOR LOOP ROAD Mr. Sid Rebers, Mr. Stephen Pflaum, Attorney, Mr. Richard Lang of Steiner & Koppelman, Inc., and Mr. Hugh Maynard, Attorney, were present for this matter. Bernhardson explained that the purpose of this is to give further consideration to the driveways to be placed on selected properties within the development. Mabusth stated that the amended driveway plan proposed for Lot 2, Block 2, necessitated backing onto Sugarwoods Drive. This occurred because the original plan submitted with the building application had other paving improvements within the front setback area that cannot be classified as a driveway. Mabusth said that the Chief Kilbo advised that once the person backs onto Sugarwoods Drive he /she must continue in the proper flow of traffic, or will violate State Law. Mabusth stated that it is necessary to provide an on -site turn - around. She showed Council three options to achieve this using portions of the front setback area where site conditions require placement of the house right at the front street setback line. Mabusth explained that Choice #1, which provides a loop driveway, would have the least impact on the setback area and existing trees for this specific • application. Mabusth informed Council that other lots in the development will require the same special considerations. She said that staff will prepare a resolution that sets forth criteria to address these special cases without the need to bring each individual case back to Council. Mr. Lang confirmed that he too is concerned about encroachment into the 50' protected area. He said, "When we cleared the site for the house, we relocated 14 trees from that area into the protected area. The people buying the house want to see everyone of those trees standing." Bernhardson noted that these changes are not variances to the Zoning Code, but are modifications to the subdivider's agreement. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to direct staff to prepare a resolution pertaining to the criteria for consideration of future driveway modifications and to approve a loop driveway for Lot 2, Block 2, based on staff's recommendations. Mr. Maynard hoped that the motion did not include approval of the resolution. Mabusth advised that staff was being asked to bring back a resolution for approval. Councilmember Callahan noted that the Planning Commission was very instrumental in the review process of this subdivision. He is - 2 - ,r' MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 • ZONING FILE $1334 - REBERS CONTINUED suggested that the criteria to be included in the resolution be reviewed by the Planning Commission prior to Council review. Mayor Grabek amended his motion to include Callahan's suggestion, and Goetten seconded the amendment. Motion, Ayes -5, Nays -0, Motion passed. #1411 SUSSEX SQUARE DEVELOPMENT 3020 FOX STREET SUBDIVISION A. ROAD NAME B. APPROVAL OF ENTRANCE MONUMENTS Mr. Mark Gronberg and Mr. Kevin Norby were present on behalf of the applicant. Bernhardson'noted that the applicant's first two choices for a road name were in conflict with existing roads. "Laurel Drive ", "Laurel Circle" or "Laurel Lane" is acceptable. Mabusth stated that the larger of the entrance pillars is 616" rather than 6'. The smaller pillar is 2' rather than 41. Mabusth noted that entrance monuments would be placed at the Leaf Street entrance as well as the Fox Street entrance. Mabusth stated that the entrance monuments will be located on private, residential property. The applicant has been advised to grant an easement to the Homeowner's Association to enable them to • maintain the monuments. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the entrance monuments for the Fox Bend plat, and to approve Laurel Drive, Laurel Circle or Laurel Lane for the Fox Bend plat if the applicant approves. Applicant shall have the opportunity to make another selection should the above mentioned not be acceptable. Motion, Ayes -5, Nays -0, Motion passed. #1428 OTTEN BROTHERS WILLOW /HIGHWAY 12 FINAL SUBDIVISION, REZONING AND COMMERCIAL SITE PLAN A. FINAL SUBDIVISION - RESOLUTION #2794 B. ORDINANCE AMENDMENT 83 SECOND SERIES - PUD REZONING C. APPROVAL OF SIGNAGE PLANS Mr. Rob LaFavor, official representative for applicant, and Mr. Robert Mitchell, Attorney for applicant, were present for this matter, as was Mr. Joel Walvatne. Bernhardson informed Council that minor language changes have been made to the PUD documents and more have been requested. The applicant and staff agree with the revisions that have been, and are yet to be made. Bernhardson asked the Council for conditional approval. He noted that Mr. Walvatne is the Contract • for Deed holder of property currently owned by the Gates. A 3 - F i 4 MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 ZONING FILE 11428 -OTTEN BROTHERS CONTINUED letter from Mr. Walvatne was received at the beginning of the • meeting and distributed to Council. Bernhardson requested that if approval is granted, that it would be conditioned upon resolving the issues involving Mr. Walvatne. Mr. Mitchell asked Council to vote on this matter based on the information previously submitted and allow him to address Mr. Walvatne's concerns as a separate matter. He said, "As far as we are concerned we are agreeable with the City and are ready to go forward." Mayor Grabek asked Bernhardson what changes have been made. Bernhardson replied that one change involved the sewer and water agreement. The purchase of the well for $5,000 will no longer be an election, but will be required. Another change will be made pertaining to language used to describe the sewer and water phases. A change will be made to the PUD document to state that it will be the governing document should conflicts occur from document to document. Callahan stated that it appears that these changes have been agreed upon. He asked why, however, Council was being asked to give final approval when in fact the final documents have not been completed. Mabusth stated that until today, staff and applicant • believed that the subdivision was finalized. She said that just prior to this meeting staff learned of Mr. Walvatne's concerns. Callahan indicated that he was not referring only to Mr. Walvatne's concerns, but also to the revisions Bernhardson had noted earlier. Mr. Mitchell noted that those revisions constituted a very minor portion of the lengthy documents and that the parties were in agreement. He also stated that Mr. Otten has a desperate need to start construction. He urged Council to allow staff to complete these last details. Councilmember Goetten asked Mr. Mitchell to address the situation involving Mr. Walvatne. Mr. Mitchell said, "It was our understanding that Mr. Walvatne has been in agreement with us for the last 9 months regarding the land swap and road placement." Mr. Mitchell presented a sketch and reviewed for Council the proposal to swap land with Mr. Walvatne. Mitchell said, "As of 4:30 today, it was my understanding that Mr. Walvatne's only concern was the location of the evergreen trees that will be used for screening. It has always been Mr. Otten's intention to place the trees on - 4 - • 4 MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 • ZONING FILE #1428 -OTTEN BROTHERS CONTINUED top of the hill. Mr. Walvatne wants the trees to be located further down the hill and the road moved more toward the south. I have tried to explain my client's position regarding the location of the road in relation to land available and the requirements of the City." Mr. Walvatne said, "I am expected to give land for screening that is meant to protect me. I don't feel that it is my responsibility to provide that land." Mayor Grabek asked Mr. Walvatne if it would be possible to work with Mr. Otten to reach a compromise. Mr. Mitchell suggested that the trees could be placed on the other side of the road on Mr. Otten's property. Mr. Walvatne replied, "Due to the 12' - 15' hill, I don't think the trees will offer much screening." Mr. Mitchell said, "Of course, that is why we originally offered to place the trees on top of the hill." Mayor Grabek said that he understood that Mr. Walvatne did not wish to give up his land for nothing. However, Mr. Otten is offering to provide the trees for screening at no cost. • Mr. Walvatne explained the situation in more detail. He indicated that he has already given more land than he had wanted to give. He also said that Mr. Otten had removed a portion of the hill and though he had promised to restore it, he had not done so. Mayor Grabek said that Council would be unable to vote on this matter this evening. He added that the City has worked with Mr. Otten for some time and has found him to be a reasonable man. He believed that it should be possible to resolve this matter. Mr. Walvatne agreed with Mayor Grabek and said that it was not his intention to delay Mr. Otten. Mr. Mitchell offered to have Mr. Otten plant trees on both his side of the road and on the hill. He said, "We will plant trees on our side of the property first and should you feel it is necessary, we will come back in a year or so and plant trees on the hill." It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to table this matter. Mr. Mitchell explained that due to the urgency to begin construction, tabling is not desirable. Mayor Grabek stated that there is a need for further negotiating with Mr. Walvatne. He said that Council • - 5 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 ZONING FILE #1428 -OTTEN BROTHERS CONTINUED • cannot vote until that issue is resolved. Mr. Mitchell asked whether the City would allow the road to be a lesser width. Mayor Grabek said that such a decision could not be made this evening. Mayor Grabek asked Mr. Walvatne where he would prefer to have the trees located. Mr. Walvatne asked that they be on the north side of the road within the 60' that has been designated for the road. Mabusth noted that usually the City asks for 50' of right -of -way. In this case they are requesting 60' to allow for a bike trail on the north side of the road. Bernhardson informed Mr. Walvatne that if the trees are planted on Mr. Otten's property, Mr. Otten will own the trees and can remove them at any time. Bernhardson stated that if Council agreed with all other aspects of this matter, with the exception of Mr. Walvatne's concerns, they could give approval. He said that without Mr. - Walvatne's approval, the plat cannot be finalized for filing. That issue could be resolved without the need to delay Mr. Otten until the next Council meeting in three weeks. Mr. Mitchell stated that he would be happy to meet with Mr. Walvatne and staff to get this matter resolved to the satisfaction of all parties. Mayor Grabek asked staff what the consequences may be in the event that an agreement is not reached with Mr. Walvatne. City Attorney Barrett said, "I don't believe that the City would be in any jeopardy with respect to the plat. The plat cannot be filed until it is signed. Council could conditionally approve the plat and if there is no resolve to Mr. Walvatne's concern, the matter can come back to Council." Mayor • Grabek stated that he would be willing to give conditional approval. Councilmember Goetten asked whether there were other issues that needed to be addressed. Bernhardson said that the changes he had noted earlier had been agreed to and were no longer a concern. Mr. Walvatne asked whether it would be possible to move the road. Mayor Grabek believed that it would be quite an involved process to do so. Staff confirmed that. Callahan withdrew his motion. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to give conditional approval of the final subdivision, dependent upon agreement between the two parties and the signing of the plat. Nettles asked Bernhardson to review again the revisions being made with the City. Bernhardson reviewed the changes. Callahan asked what effect any changes made to solve Mr. Walvatne's concerns would have on the plat, and whether it would be necessary to come back to Council. Mabusth said that any amendments would occur to the individual plans that consist of the PUD agreement and would not affect the plat. Motion, Ayes - 3, Peterson, Goetten, Nay. Motion failed. Mr. Mitchell said that 4 votes in favor are required or the project does not proceed. Mayor Grabek stated that he was not aware that 4 votes in - 6 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 ZONING FILE #1428 -OTTEN BROTHERS CONTINUED favor were required and perhaps the other Councilmembers did not realize this. He asked whether a motion could be made to reconsider. City Attorney Barrett informed Mayor Grabek that a motion to reconsider could be made by the prevailing side. Councilmember Callahan suggested that a motion be made to table this matter. Councilmember Goetten explained that she was not comfortable voting in favor at this point because there appeared to be too many unresolved issues. Mayor Grabek explained that conditional approval would only provide Mr. Otten and Mr. Walvatne an opportunity to resolve this matter without the need to delay Mr. Otten's construction plans. He said that conditional approval would have no bearing on Council. It would be in the hands of Mr. Otten and Mr. Walvatne. It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to reconsider this matter. Motion, Ayes -4, Goetten, Nay, Motion passed. It was moved by Mayor Grabek, seconded by Councilmember • Nettles, to conditionally adopt Resolution #2794 and Ordinance 83 Second Series, approving the final subdivision and PUD Rezoning for Otten Brothers. Councilmember Goetten asked if Council would have an opportunity to view the final agreement. Bernhardson stated that he would apprise the Council of settlement between Mr. Walvatne and Mr. Otten. Motion, Ayes -5, Nays -0, Motion passed. City Attorney Barrett stated that it had come to his attention that there is an existing conservation and flowage easement on the property which must be vacated. Barrett said, "At the last meeting Council vacated the drainage and utility easements. However, I have been unable to determine whether the conservation and flowage easements were included in that vacation. In order to exercise caution, we are asking for a separate vacation." It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to vacate the Flowage and Conservation Easements which currently exist on the Otten Bros. property. Motion, Ayes -5, Nays -0, Motion passed. APPROVAL OF SIGNAGE PLANS Mabusth explained that the applicant is asking for special consideration to place a sign 10' from Willow Drive. Mabusth • said that the PUD agreement states that if the sign interferes 7 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 ZONING FILE $1428 -OTTEN BROTHERS CONTINUED with the maintenance of Willow Drive it must be removed. Grabek asked about the size of the sign. Mabusth replied that the sign will be 16' high. Goetten asked why the Planning Commission had not reviewed this. Mabusth replied that due to the PUD, this request did not involve a variance, but rather a special setback approval. Peterson asked how this varied from Mr. Wear's property. Mabusth explained that Mr. Wear's property was subject to B -1 Zoning District standards and Otten's was subject to more restrictive standards of the B -6 Zone. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to approve the final signage plans for Otten Bros. Nursery subject to the conditions set forth in the PUD agreement. Motion, Ayes -5, Nays -0, Motion passed. #1494 FRANCIS LIGHTLY 3585 FREDERICK VARIANCE • RESOLUTION #2795 Mr. and Mrs. Lightly were present. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2795, approving the average lakeshore setback and hardcover variances for Mr. and Mrs. Lightly. Motion, Ayes -5, Nays -0, Motion passed. CLARIFICATION OF HARDCOVER REGARDING EAVES & OVERHANGS Bernhardson explained that this matter is being reviewed due to building permit applications that have been received. Gaffron showed sketches of what each application proposes. Gaffron said that the existing Code defines hardcover as, "any structure, blacktop or other material that interferes to any degree with the direct absorption of rainfall into the ground ". Gaffron recommended that a 4:10 ratio of width to height above grade be used. Mayor Grabek stated that if the structure can be utilized as living space, it should be included as hardcover. He said that eaves are not considered living area. Gaffron said that it is necessary to establish a limit for is - 8 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 • EAVES AND OVERHANGS CONTINUED eaves in order to treat each application fairly and properly administer the Ordinance. Goetten referred to the example of the supported overhang and said that it resembles a porch. She said that porches and decks are considered hardcover. The applicant involved with one of these applications, Mr. Bockmann, was present with his builder, Mr. Gary Dack. Mr. Dack explained that the reason for the overhang is to avoid the need for a side setback variance. He said that he was informed by staff that the second story addition must conform to the setbacks. Mr. Dack said that the overhang will have the same effect on rainfall as a 5' eave. Mayor Grabek asked why the applicant chose to proceed in this manner rather than applying for a side setback variance. Mr. Dack said that Mr. Bockmann has a buyer for his other home and has no time to delay construction on this structure. Goetten stated that the overhang proposed is hardcover. Mr. Bockmann asked if there was a compromise or a direction . from Council as to what would be acceptable. Mayor Grabek stated that he would prefer to see a cantilever without the supports. Grabek said that he would not consider eaves as hardcover. Councilmember Callahan disagreed. He believed that eaves, at some point, should be considered hardcover. Callahan suggested that more consideration be given to the issue of eaves. Mayor Grabek stated that in order to give this matter further consideration, he would need more information. He suggested that staff research the way in which other cities address this issue. Callahan asked Gaffron what the advantages or disadvantages may be of measuring from the roof line for hardcover. Gaffron agreed to research this matter further and bring the information back to the May 14, 1990 Council meeting. is - 9 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 MAYOR /COUNCIL REPORT: EARTH DAY 1990 - RESOLUTION #2796 • It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2796, establishing Earth Day Week in the City of Orono. Motion, Ayes -5, Nays -0, Motion passed. PARK COMMISSION APPOINTMENT Mayor Grabek asked each of the candidates to make a brief presentation to the Council. He suggested that the appointment be delayed until the May 14 Council Meeting to allow Council the opportunity to consider each candidate. There were two candidates present, Ms. Sherokee Ilse and Mr. Steve Gardiner., Ms. Ilse was first to make her presentation. She stated that she has two children and has a personal interest in Orono's park system. She stated that she has volunteered her time to other entities and believes in giving 100 %. Ms. Ilse said that she has worked with the School District in the past. She said, "One of the things that I can bring to this position is a connection which I believe has been missing. That is a connection with the School District in looking at community fields and other projects. If appointed I would like to attend the School Board Meetings as a Park Commission representative." • Councilmember Goetten stated that Ms. Ilse had made some very good points. She asked Ms. Ilse if she will be able to give the Park Commission position all of the time it will demand. Ms. Ilse indicated that she would have time to serve. She said that it is important to do homework when one is involved with this type of entity. She said that she has developed a network of sources to aid her with research and information gathering and that makes her time more efficient. Mr. Steve Gardiner introduced himself. He informed the Council that he knew several people that were involved with the Hennepin County Parks. He said that through conversations with these people he realized that serving on the Park Commission would be a fun and interesting way to serve his community. Councilmember Callahan asked Mr. Gardiner what he did for a living. Mr. Gardiner replied that he is a computer consultant and that he works for various companies in the Twin Cities. Councilmember Callahan asked Mr. Gardiner about his family. - 10 - • MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 • PARR COMMISSION APPOINTMENTS CONTINUED Mr. Gardiner stated that he is married with no children. There were no further questions from the Council. Mayor Grabek thanked Ms. Ilse and Mr. Gardiner for being present this evening. CITY ADMINISTRATOR'S REPORT: COMMUNITY HEALTH SERVICES /PRESENTATION Mr. George Bowlin, Hennepin County Health Department, made a slide presentation regarding the various services provided by the County Health Department. Mayor Grabek thanked Mr. Bowlin for his informative presentation. FACILITIES PUBLIC MEETING REVIEW Bernhardson suggested that Council persons that may be interested in ser advisory committee. He said that all eliminated by a random selection process. a draft letter that would be sent to each asked Council to review it. submit the names of ving on the citizens but 18 names will be Bernhardson presented of the 18 persons and Bernhardson also provided Council with information regarding • the cost of a media relations program. The program would involve mailing information to the community as well as doing a telephone survey. Bernhardson said that the cost of the first mailing, including a phone survey and support work for the citizens advisory committee would be approximately $3,000.00. The second mailing would cost $1,000.00 for a total anticipated cost of $4,000.00 Mayor Grabek agreed that the instruments of communication are important, but at this time all of the facts are not known. He suggested that everything possible be done now to begin the process of formulating these instruments. He said that nothing could be mailed out until further information is determined. Bernhardson asked Council if the initial $1,500.00 cost was acceptable. Mayor Grabek had no objections to the cost. Councilmember Goetten had no objections to the $1,500.00 expenditure, but agreed with Grabek that more information is needed before mailing occurs. Mayor Grabek explained the selection process for the citizens advisory committee. He said that each Councilmember • would submit the names of 4 men and 4 women. He said that - 11 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 FACILITIES PUBLIC MEETING REVIEW CONTINUED • Council would try to address all levels of income, geographical location, and age. The names would be placed in a hat and drawn out until 18 names were selected. Those persons would participate in the analysis of the facility, the construction, site and communication with the citizens. Mayor Grabek suggested that the drawing be set up so that there will be an equal representation of men and women, location, age, etc. Councilmember Goetten asked what staff will do in the event that any of the 18 persons initially selected chooses not to participate. Bernhardson said, "We will probably pull the entire list of 40 names and send letters to the first 18. If we get some rejections, we will go down the list until we have 18." Mayor Grabek suggested that the persons selected be contacted by telephone first. A follow up letter could be sent if the person wishes to participate. This was an informational item and there was no motion. ENGINEERING SERVICES REVIEW Bernhardson presented information for Council to review regarding a review of engineering services. Councilmember Goetten asked for information as to whether • our present Engineering firm has environmental engineers on staff. Bernhardson noted Goetten's request. There was no action taken on this item. FLEXIBLE BENEFIT STUDY Bernhardson presented information to Council regarding a flexible benefit program, including the cost of implementation and continued operation. Mayor Grabek asked if a flexible benefit package exists for municipalities. Bernhardson stated that DCA has been providing this type of program for many municipalities in the area. No action was taken on this item. MARINA LICENSES Bernhardson provided Council with information regarding the commercial marina license applications that have been received. Bernhardson stated that staff has reviewed each application to • - 12 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 • MARINA LICENSES CONTINUED determine whether there has been any significant land use changes. Staff did not find any land use changes and is recommending that a marina committee not be established for reviewing these licenses. Bernhardson said that another issue is the fee being charged to the marinas. He said that there is a base fee, as well as a boat /unit charge. Due to the dryness of the lake, many marinas cannot use all of their slips. He asked Council to consider whether the City should charge for the slips not being used and what impact that may have on the historical and future rights to boat slips. Gaffron stated that the LMCD's policy for "grandfathering" slips without licensing is to either license all or none. Orono's Code does not specify that a marina will lose boat slips if they are not licensed. Gaffron informed Council that many of the marinas are suffering. He stated that Jim Dunn has made application to the LMCD for a 300' dock extension and dredging. He said that he does not expect an application from Crystal Bay Service unless the lake level increases. Mayor Grabek said that he would prefer to give the marinas • every chance possible to maintain their business. He favored waiving the fee for the extra slips for this year. It was the consensus of Council that the extra boat slip fees be waived. Gaffron asked Council for their opinion regarding the establishment of a marina committee. Councilmember Nettles believed that this year was important for the lake and marinas because of the proposed LMCD regulations. He said that Orono has 30% of the Lake Minnetonka shoreline and has the most strict regulations for shoreland. He interpreted the new LMCD policy as calling for increased lake usage. Nettles believed that would put more pressure on Orono to increase the number of marinas, slip spaces, food and beverage vendors, which in turn would cause more littering of the lake. Nettles believed there were many people within the Community that could provide some insight and leadership for the future. Nettles stated that the marinas are the access point to the lake, and are, therefore, a good place to start. Nettles believed that there are important policies and philosophical issues generated by the LMCD report. Nettles was impressed with the opinions that the Lake Minnetonka Lakeshore Owners Association had regarding the report. is - 13 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 MARINA LICENSES CONTINUED • Councilmember Goetten said that she has been an advocate of establishing a marina committee for several years. Goetten agreed with Nettles. Councilmember Callahan referred to the minutes of the April 19, LMCD Meeting, paragraph 5D, regarding the development of an action program for public access to Lake Minnetonka. Callahan believed that a marina committee will be necessary to defend itself and the citizens of Orono from the LMCD. Callahan asked if anyone is familiar with the DNR Shoreland Grant Contract and Preparation for Cities to Sign as Partners. He asked if the DNR wishes to have Orono be a partner in something. Bernhardson replied that as part of the shoreland regulations passed by the DNR a year ago, they were giving grants to cities for implementation. The effort through the LMCD was to jointly establish regulations that would qualify the DNR shoreland regulations. Bernhardson said that he would research the matter further. Mr. Gabriel Jabbour said that it was refreshing to see the Council moving forward on the issue of marina committees. He urged the Council to continue to be proactive, rather than reactive. Mr. Jabbour suggested that Council may wish to go a step beyond a marina committee by establishing ordinances "that would provide teeth to bite into any regulations that may be • mandated ". It was moved by Councilmember Nettles, seconded by Councilmember Goetten, that staff prepare a memorandum regarding the history of Orono Marina Committees and their dealing with issues beyond licensing. The memorandum should include information regarding jurisdiction, past law suits, regulations giving Orono control, and regulations giving the LMCD shared control. Council would use this information to assist with the process of appointing a marina committee as soon as possible. Motion, Ayes -5, Nays -0, Motion passed. BOARD OF REVIEW - RECONVENE* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, that the Orono City Council sets Thursday, May 3, 1990 as the date for the reconvene of the 1990 Board of Review. Motion, Ayes -5, Nays -0, Motion passed. SECRETARIAL EMPLOYMENT* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the employment of Linda Vee as secretary effective April 23, 1990 at a rate of $9.795 per hour (Level IV, Step 1). Motion, Ayes -4, Nays -0, Motion passed. - 14 - • a MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 • HIGHWAY 12 CORRIDOR - MEETING* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept information presented. Motion, Ayes -4, Nays -0, Motion passed. PUBLIC WORKS DEPARTMENT EMPLOYMENT* . It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to employ Gregg Palmer as .Maintenance Worker I for the Public Works Department effective upon a favorable physical examination and stress test at a starting rate of $10.353 per hour as per the City of Orono Compensation Plan of Level 5, Step I. Motion, Ayes -4, Nays -0, Motion passed. NORTH TONKA CRIME PREVENTION Bernhardson stated that he had removed this from the consent agenda to determine whether any of the Councilmembers were interested in serving on this Committee. Councilmember Nettles nominated Councilmember Peterson to serve on the Committee. Councilmember Goetten seconded the nomination. Councilmember Peterson stated that she would look forward to serving in this capacity. It was moved by Councilmember Nettles, seconded by • Councilmember Goetten, to appoint Councilmember Peterson to the Board of Directors of the North Tonka Crime Prevention Coalition. Additionally, Council approves the Board of Directors as set forth in Attachment A. Motion, Ayes -5, Nays -0, Motion passed. WESTONKA SENIOR CENTER WEEK RESOLUTION #2797* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2797 to proclaim Westonka Senior Center Week May 7 -11. In addition, Council commends the senior citizens on their achievements and contributions to the community. Additionally, Council commends the staff at the Senior Center for their efforts and commitment. Motion, Ayes -4, Nays -0, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: LOGO Contest and Albrecht Contract. Motion, Ayes -4, Nays -0, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett had requested an Executive Session pending litigation. no report for this evening, but for the purpose of discussion - 15 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 23, 1990 LICENSES* • It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the following license(s): Septic System Installer: Hayes Excavating Route 1, Box 202 Montrose, MN Cigarette: William Wear Orono Shopping Center Mike Mehner Crystal Bay Service Richard Keaveny Keaveny's Navarre Drug Don Scherven Navarre Lanes LeRoy Koehnen Navarre Amoco Steve Corl Navarre Liquors Inc. Motion, Ayes -4, Nays -0, Motion passed. • BILLS* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve payment of the All Funds Account. Motion, Ayes -4, Nay -0, Motion passed. EXECUTIVE SESSION 9:40 P.M. City Attorney Barrett requested an Executive Session. ADJOURNMENT 9:50 P.M. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adjourn the Regular Council Meeting at 9:50 p.m. Motion, Ayes -5, Nays -0, Motion passed. - 16 - i Jam R. Gra ek, Mayor •