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HomeMy WebLinkAbout05-14-1990 Council Minutesr � f MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 14, 1990 • ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Nettles, Peterson and Callahan. 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, City Engineer Cook and City Recorder Scheffler. CONSENT AGENDA* Councilmember Peterson asked that item #31 be removed from the Consent Agenda. City Administrator Bernhardson asked that items #8 and #15 be included on the consent agenda. The applicant involved with item #8 wished to prepare a definitive building plan prior to presentation. He requested tabling and referring this matter back to the Planning Commission. With regard to item #15, the applicants have requested that their application be withdrawn and will need to provide the City with a written verification of that request. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Consent Agenda, with the • exception of item #31, which was removed and discussed in the order appearing on the Agenda. Agenda items #8 and #15 were added to the consent agenda. Motion, Ayes -5, Nays -0, Motion passed. RECOGNITION - OFFICER JAMES CORNICK Mayor Grabek presented Officer Cornick with a Resolution of Recognition for his dedication and efforts regarding his participation in the D.A.R.E. Program. APPROVAL OF MINUTES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the 1990 Board of Review Meeting held April 17, 1990. Motion, Ayes -5, Nays -0, Motion passed. APPROVAL OF MINUTES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the Regular Council Meeting held April 23, 1990. Motion, Ayes -5, Nays -0, Motion passed. APPROVAL OF MINUTES* It was moved by Councilmember Goetten, seconded. by Councilmember Peterson, to approve the Minutes of the Reconvened 1990 Board of Review Meeting of May 3, 1990. Motion, Ayes -5, • - 1 - MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 APPROVAL OF MINUTES CONTINUED Nays -0, Motion passed. LAKE MINNETONKA CONSERVATION DISTRICT REPORT: PUBLIC REVIEW DISCUSSION JoEllen Hurr was present to answer questions and discuss comments she had received regarding the Comprehensive Plan. Hurr said that access is a major concern. She indicated that the Plan will not change policies to where there is widespread increased lake usage. Hurr said, "I believe that local control is better. There is a real threat of other agencies taking control over Lake Minnetonka." Hurr referred to information she had just received from the Met Council regarding the Systems Committee. The information included a recommendation that Met Council explore the possibility of preparing a Regional lake surface use plan in cooperation with the DNR. Hurr stated that local municipalities would lose control of Lake Minnetonka should the Metro Council step in. Councilmember Callahan commended JoEllen for her dedication to public service. Callahan acknowledged that a great deal of effort has be expended in the drafting of the Comprehensive Plan. He said, "I feel that the Plan as a whole is a good plan. However, the LMCD begins with the premise that Lake Minnetonka is a public park. The Plan has been drafted to assure that will be the case. The LMCD is providing for increased access of the lake and increased controls for those that do use it. The views expressed by the LMCD Plan, are those that have been taken by the Met Council, Hennepin Parks and DNR for quite some time. If in fact those views are to be implemented, I feel that the LMCD is a redundant entity and should not exist. I cannot see why we need another agency to assist the other existing agencies. Especially since the LMCD wishes to have broad taxing powers and increase its regulatory power and staff to accomplish that. I believe that the LMCD is mistaken about its function. My view of the LMCD has been that it serves as an intervening force between the lakeshore communities and the other existing agencies. I believed that the LMCD was established because of the difficulty that municipalities had in coordinating their efforts. If the LMCD is not going to oppose the views of the other agencies, then it is up to the local municipalities to get together. The LMCD should either focus on the preservation of the lake or it should act as a mediator for the local citizens. City Administrator Bernhardson has suggested that Council form a committee. I would propose that we do that so we can prepare a formal response for the upcoming Public Hearings." Hurr replied, "Lake Minnetonka is a Regional Resource. This Plan is attempting to preserve the integrity of Lake Minnetonka. Unlike many other communities, Orono already has many of the proposed regulations in place. We are hoping to bring the other - 2 - ,, 1.. • n U • MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 • LMCD REPORT CONTINUED communities in line with Orono." Callahan believed that the LMCD should address the effect increased usage will have on the Lake rather than focusing on who and what kind of boats should use the Lake. Hurr stated that the Plan does address the regulations for use of the lake in the form of speed limits, and a new personal watercraft ordinance. Hurr said, "We are proposing that the LMCD be the main regulatory agency of Lake Minnetonka. It is unreasonable to think that the other agencies will disappear. I feel local control is better and it may cost a bit more to provide that. I believe that the cost to municipalities would also increase if the Met Council were to take control." Callahan agreed that local control is better. He said, "I think the thrust of the Plan is to make the LMCD a creature of the DNR and Hennepin County Park Board." Ms. Hurr replied, "It wouldn't have ever been my intent to roll over and let the DNR or other agency to control the lake. We are currently at odds with the Watershed District because of the manner in which they issue dredging permits. They are not thorough in their investigation of the application prior to or after a permit is issued. The Watershed District charges no fees • for the permits they issue. The money comes from the taxpayers. The LMCD does have specific fees for services we provide." Councilmember Goetten asked whether it is realistic to assume that the LMCD will be the lead agency after the other agencies become more involved than they are currently. Hurr stated that the other agencies have been involved with the preparation of the Plan for the last two years. She believed it would be unlikely that they would come forward at this point and object to the Plan. Mayor Grabek questioned whether the lakeshore communities would not in fact be double taxed once the LMCD gained taxing authority in addition to Hennepin County. Ms. Hurr replied, "The area of taxation would be increased. The individual municipalities would not be asked to make a contribution." Bernhardson clarified that the Plan provides a tax levy for the 14 lakeshore communities in addition to taxes levied by Hennepin County. Hurr replied, "There would be no overlapping." 0 - 3 - I* I,I MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 LMCD REPORT CONTINUED Mayor Grabek asked how his taxes would be directly affected. • Bernhardson replied that taxes could increase up to 1 %. Mayor Grabek indicated that he concurred with the comments made by Callahan. Grabek stated that his concerns stemmed from the way in which the LMCD is managed. He stated that the organization is weak. Grabek did approve of the attempt the Plan made to bring other communities into conformance with more strict standards. Councilmember Nettles concurred with the opinions expressed by Callahan and Grabek. He said, "I favor the idea in the Plan that 700 additional parking spots will be located off -site. I also believe it is a good concept to have better educated people involved with this. However, I view this Plan to be a method of encouraging more lake use rather than lake conservation. I agree that public waters should be accessible to the public. I don't know how the determination was made that this lake or the accesses are under utilized." Nettles read a statement within the report concerning the number of persons experiencing problems while on the lake. Hurr replied, "Lake Minnetonka may be used excessively on Sundays and holidays. However, it is under utilized on week days. Nothing can be done to decrease the usage that occurs on • weekends." Nettles said, "That is not my point. If we already have a situation where over 50% of lake users are reporting problems with using the lake, why would we want to increase lake usage." Nettles referred to the table on page 26 showing the increase in boats in relation to the number of boats /acre allowed on the lake. He said, "The Plan states that once density reaches 5 to 7 boats per acre that conflicts occurring on the lake will be studied." Nettles believed that this approach was backwards. He said, "If the LMCD is our regional representative, why should they be promoting what the DNR and Hennepin County have identified as their goals? How does that help the residents of this community preserve our resource ?" Hurr replied, "The Plan attempts to be realistic in what the DNR and other studies have indicated to be reasonable use. The people living on the lake may wish that number to be much less. Realistically, it is a public resource, and though people pay taxes to live on the lake, it does not give them the right to use the lake more than anyone else. There are national figures that would be used for lake usage. It may be necessary to zone portions of the lake. You cannot have water skiers and fisherman always using the same portion of the lake. We had attempted to establish 'quiet water' areas on the lake. That was not 4 - • U MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 • LMCD REPORT CONTINUED successful." Nettles stated that the Plan did not clearly indicate from where the lake use numbers were coming. Nettles said, "I have no problem with the LMCD being the lead point position on this. I think that is appropriate and that local power should not be diluted. My pitch to the LMCD would be that the Plan has some good direction. However, the LMCD must examine whether the lakeshore communities really feel that the lake is under utilized. Who are we providing access to? Are we providing access to water skiers, pleasure boaters, fishermen, canoers? What is the directed target of this? That issue is totally separate from the conservation issues which stand regardless of who uses the lake. I think the biggest problem with the Plan is the number of boats proposed. Parking is already a problem. I don't want to see promotion of lakeshore installations in the name of greater access." Hurr said, "I do like the goal of the Plan to provide places for boats to go rather than having them on the lake. I'm not sure that they will allow boats to access the new park." Callahan said, "The result of providing more places for people to go is that there will be more boats on the water." • Ms. Hurr said, "I am hopeful that the zoning issues that will be retained by the individual cities will not allow a lot of bars, etc., on the lake." • Mayor Grabek commented, "A person with a fishing boat would not be interested in having a destination point. A boat that is 25' or more usually has a cabin and allows people to get away from land to enjoy the lake. I believe that people that own watercraft do so to be on the lake. I don't see the need to provide places for boats to go. If we don't become a bit more liberal regarding lake usage, the LMCD may lose its hold and authority. The Council will have to consider that versus the option of taking a stand and saying that the lake is already too crowded. Lake Minnetonka is not wilderness area. It is a residential lake in one of the largest counties in the State. Allowing additional usage will have a great impact on the preservation of the lake. I believe that the additional usage will come from speed boats, not fishing boats." Hurr said, "Those boats are not often put on trailers and taken in and out of the lake. If there are no more marinas on the lake, then that type of use should not increase." Nettles and Callahan disagreed. - 5 - MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 LMCD REPORT CONTINUED Callahan commented that the LMCD Plan does not make any attempt to oppose the proposals of the DNR. Mayor Grabek suggested that Council work with staff to prepare a consensus to be presented at the June Public Hearing. Ms. Hurr indicated that she would be willing to participate. Councilmember Goetten indicated that she would like to involve persons that have participated in various lake management committees. Mayor Grabek noted that if more than two councilmembers wished to meet informally, it would be necessary to hold a public meeting. City Attorney Barrett confirmed that. Councilmembers Nettles, Callahan and Goetten expressed interest in the preparation of a statement to the LMCD. Bernhardson indicated that there would be no problem with scheduling and notification of a public meeting. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to hold informal meetings to formulate a draft • expressing the consensus of the Council regarding the LMCD Comprehensive Plan. The consensus should be drafted in a period of time to allow it to be reviewed at a Council meeting prior to the deadline date. Motion, Ayes -5, Nays -0, Motion passed. PUBLIC COMMENTS: Rosemary Scheuer stated that Long Lake had received an invitation from the Municipal Board to participate in settlement discussions of the Annexation Petition. It was her understanding that the City of Orono had received a similar invitation. She asked whether Council would be acting on that issue this evening. Mayor Grabek informed Ms. Scheuer that the annexation topic was not on the agenda for this evening. He further stated that any discussions regarding that matter would be confidential because they relate to litigation strategy. PLANNING COMMISSION COMMENTS: Planning Commission Representative Moos was not present. - 6 - is MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 • ZONING ADMINISTRATOR'S REPORT: #1467 CHARLES HOMMEYER 4125 OAK STREET VARIANCE Mr. and Mrs. Hommeyer were present. City Administrator Bernhardson provided the historical and current information regarding. this application. The applicants have withdrawn their request for a privacy fence. Mr. Hommeyer explained how the deck is utilized and its function in relation to the stairs and retaining wall. He asked that Council approve the variance as they have requested. Mr. Hommeyer noted that the deck has existed for 6 to 7 years and that nothing has changed since that time. He said that the structure has successfully stabilized the bank from further erosion. Mr. Hommeyer stated that the deck is not visible from the lake and that it is not used in the way most decks are used. He said that there is no picnic table or chairs on the deck. Mr. Hommeyer noted that the neighbors on either side have no objections and presented a letter from each (see attached letter dated 2/5/90 from Kenneth and Karen Rolland, 4119 Oak Street, and R. Warstler's letter dated 5/11/90). Mr. Hommeyer suggested that bringing the deck into conformance with the City Code at the time • future repairs become necessary be a condition of approval. Callahan asked what impact removal of the deck may have on the stability of the bank. City Engineer Cook said that it would be necessary to set new footings and construct a new header to make the connecting section of deck function. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the hardcover and average lakeshore setback variances, conditioned upon the requirement that the deck be brought into conformance at the time structural repairs become necessary. Motion, Ayes -3, Goetten, Peterson, Nay. Motion passed. Councilmember Goetten opposed the deck due to past decisions she has made in this regard and the potential for setting a negative precedent. #1502 MICHAEL HILBELINK 2180 PROSPECT VARIANCE* This item was added to the consent agenda as requested by Bernhardson. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to refer this item back to Planning • Commission as requested by the applicant. Motion, Ayes -5, 7 - L� • MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 ZONING FILE 11502- HILBELINK CONTINUED Nays -0, Motion passed. #1503 WOODHILL COUNTRY CLUB 200 WOODHILL ROAD PRELIMINARY SUBDIVISION Mr. Mark Albrecht, Woodhill Country Club Representative, Mr. Bob Mitchell, Attorney for Woodhill Country Club, Mr. Richard Sathre, Engineer /Surveyor, were all present. Bernhardson briefly explained the history of the property involved in this subdivision. He also informed Council of staff's recommendation regarding access and the location of the cul -de -sac. Councilmember Callahan asked what purpose the temporary cul- de -sac will serve in light of its proximity to the properties. Cook replied that the cul -de -sac will serve as a turn- around and terminus for the roadway. Mr. Mitchell stated that Woodhill was under the conception that it would not be necessary to upgrade the road until a fourth property was developed. He said that it is the desire of Woodhill not to disrupt the current roadway pattern at this time. Woodhill would be willing to do that at the time Outlot A is developed. Bernhardson stated that the City would be willing to explore the option of creating a road outlot and platting a cul -de- sac without requiring the upgrade to occur at this time. Mr. McNellis informed Council that there are currently three residences served by this road. He stated that the caretaker house on the Prudden property is occupied and is generating traffic. He said that the neighbors have met and would like the road upgraded. Mr. McNellis proposed that if a cul -de -sac is necessary, it be located in Outlot A. Mr. McNellis informed Council that the portion of road serving his property was engineered in such a way that it acts as a functional drainageway. He stated that the drainageway would be destroyed if the temporary cul -de -sac is located where staff is proposing. Mayor Grabek believed that more time is necessary to have the neighbors and Woodhill work with staff to determine where the cul -de -sac should be placed. Ms. Carpenter asked that further consideration be given to the necessity of the cul -de -sac. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this application until the May 29, 1990 Council 1- � MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 • ZONING FILE #1503 - WOODHILL COUNTRY CLUB CONTINUED Meeting. Motion, Ayes -5, Nays -0. Motion passed. #1508 DONALD OLSON 4590 NORTH ARM DRIVE CONDITIONAL USE PERMIT RESOLUTION #2800 Mr. and Mrs. Olson were present. City Administrator Bernhardson gave a brief explanation of the Olson's application. Mr. Olson stated that he did not want to construct a shed until he obtained a permit for the horses. He said that he did fence the pasture area and does intend to construct a shed. Councilmember Goetten stated that she concurs with the concerns expressed by Planning Commissioner Bellows regarding the need for a proper structure for the horses. Goetten wanted a shelter constructed for the horses by a specific date and suggested that such a condition be incorporated into the Resolution approving this application. Mr. Olson explained that there are many shaded areas on the property to shelter the horses in the summer. Ms. Olson added that they fully intend to provide a shelter for the horses this winter if they decide to keep them on their property. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2800 as amended to include language requiring that a shelter be provided for the horses by October 31, 1990. If there is no shelter by that date, the horses must be boarded elsewhere. Motion, Ayes -5, Nays -0, Motion passed. #1509 EARL FREEMAN 4545 WATERTOWN ROAD VARIANCE Neither Mr. Freeman nor a representative was present. City Administrator Bernhardson stated that the Planning Commission had raised a number of issues that need to be resolved. He suggested tabling the matter to allow time for the applicant to address these concerns. Mabusth asked for direction from Council to proceed, due to the Planning Commission's recommendation to give Mr. Freeman until June 15, 1990 to clean up the property. • It was moved by Mayor Grabek, seconded by Councilmember - 9 - MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 • ZONING FILE 11509- FREEMAN CONTINUED Goetten, to direct staff to contact Mr. Freeman and inform him of the need to have the property cleaned up by June 15. Once Mr. Freeman has completed the clean up, staff is to bring the matter back to Council for further review. Bernhardson asked Council if they would allow the accessory structure to remain for a year once he has cleaned up the property. It was the consensus of Council that the accessory structure be removed on the one year anniversary date of the hazardous building proceeding. Mayor Grabek amended his motion to include the removal of the accessory structure by October 31, 1990. Councilmember Goetten seconded the amendment. Motion, Ayes -5, Nays -0, Motion passed. #1514 RONALD MILLER 270 WILLOW DRIVE VARIANCE RESOLUTION #2801 Mr. Miller was present. Bernhardson reviewed the information regarding Mr. Miller's application and the recommendation of the Planning Commission. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2801 granting a height variance to Mr. Miller for the barn that will be moved from the Panuska • property. In the event that barn is not available, Mr. Miller will be referred back to the Planning Commission if he intends to construct a barn. Motion, Ayes 5, Nays -0, Motion passed. #1515 JEFFREY JOHNSON 3825 CHERRY AVENUE VARIANCE Mr. Johnson was present. City Administrator Bernhardson explained Mr. Johnson's proposal to construct a walkway for the purpose of achieving riparian access to Lake Minnetonka. Bernhardson noted that Mr. Johnson's neighbor has a similar structure. Mabusth showed Council where the neighboring walkway is located and stated that the structure has existed since 1970. Mayor Grabek asked Johnson if it would be possible to combine his walkway with the neighbor's walkway. Mr. Johnson stated that he had asked his neighbor about doing that, but his neighbor objected. Councilmember Peterson asked if staff was aware of any other similar applications, and if so, how many. Mabusth was certain that this same type of situation exists 41 - 10 - MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 • ZONING FILE #1515- JOHNSON CONTINUED in other areas of the lake, but did not know the specific number of properties at this time. She recollected that_ Council had approved a similar application for a property on Tonkawa Road just last year. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to grant approval of the variances requested by Jeffrey Johnson to construct a walkway. Goetten did not approve of the configuration and length of the walkway for the purpose of providing lakeshore access. She said that she had opposed the application for Tonkawa Road for that same purpose. Goetten had concerns about public safety and thought that this type of structure is inappropriate. Mr. Johnson agreed that the configuration is not ideal, but it makes use of the lakeshore property which is otherwise unbuildable. Goetten was concerned about the precedent being set by approving these structures. Callahan expressed concern about the walkway crossing wetland area. Johnson did not believe that -this opportunity would be available to a large number of property owners. Goetten asked Johnson what hardship exists. Johnson replied that the hardship is the inability to access the lakeshore property. Mayor Grabek again asked if something could be arranged with the adjacent property owner. Johnson stated that his attempts to do so had failed. He added that it will be necessary for his neighbor to • obtain Council approval for his existing walkway. Public Works Director Gerhardson noted that the neighbor did not obtain a permit from the City to cross the right -of -way. Mayor Grabek stated that it will be necessary for the City to resolve that situation. Councilmember Nettles asked what purpose would be served by preserving the right -of -way. Bernhardson replied that the land would revert back to the adjoining property owner if the easement were vacated and would hinder Mr. Johnson's efforts. He believed that it would be necessary to obtain DNR approval to vacate the easement. He added that the City has maintained a number of these right -of -ways for potential future accesses. Goetten asked whether crossing the right -of -way creates any liability on behalf of the City. Gerhardson said that it would be necessary to have Mr. Johnson enter into a Hold Harmless Agreement as well as an agreement to remove the structure should the City require use of the right -of -way. Gerhardson did not believe that the City could enter in those agreements with the owner of the existing walkway. Motion, Ayes -2, Callahan, Goetten and Peterson, Nay. Motion failed. • It was moved by Councilmember Callahan. seconded by Councilmember Peterson, to table this item until the May 29, 1990 Council Meeting. Prior to that meeting, Mr. Johnson is directed to contact the property owner with the existing walkway to explore the option of combining use. Motion, Ayes -4, Goetten, Nay. Motion passed. - 11 - MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 • #1518 BIG ISLAND VETERANS CAMP CONDITIONAL USE PERMIT RESOLUTION #2802 Mr. Larry Sharpe, a representative of the Board of Governors, was present. Bernhardson reviewed the information pertaining to this application. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2802, approving the Conditional Use Permit to construct 5 cabins. Motion, Ayes -5, Nays -0. Motion passed. #1520 GARY CARLSON 3165 CASCO CIRCLE VARIANCE* This item was added to the consent agenda. The applicants verbally requested that this matter be withdrawn. Staff is awaiting written confirmation of that request and asked that to have the matter tabled. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to table this item. Motion, Ayes - 5, Nays -0, Motion passed. • #1428 OTTEN BROTHERS 2350 WAYZATA BOULEVARD VACATION OF PINE RIDGE LANE - RESOLUTION #2803* NEGOTIATION RESULTS* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2803, approving the vacation of Pine Ridge Lane and to accept the information presented regarding the negotiation results with Mr. Walvatne. Motion, Ayes -5, Nays -0, Motion passed. • #1411 SUSSEX SQUARE DEVELOPMENT ROAD NAME APPROVAL* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the name "Sussex" as a road name for the Fox Bend plat. Motion, Ayes -5, Nays -0, Motion passed. CITY ENGINEER'S REPORT: PAY REQUEST #3 - TEST DRILLING WELL #3* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve Pay Request #3 for Keys Well Drilling Company in the amount of $10,260.00. Motion, Ayes -5, Nays -0, Motion passed. - 12 - I MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 • PAY REQUEST #1 - WELL #3 It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve Pay Request #1 for Keys Well Drilling Company in the amount of $21,456.70. Motion, Ayes -5, Nays -0, Motion passed. MAYOR /COUNCIL REPORT: PLANNING COMMISSION INTERVIEWS Bernhardson informed Council that Ms. Candace Rowlette, Mr. Ralph Bagley and Mr. Ward Edwards and Mr. Randy Weestrand were interested in serving on the Planning Commission and were present. He noted that Mr. Edwards did not have the opportunity to submit anything in writing. Ms. Candace Rowlette was first to make a presentation. She stated that she has been an Orono resident for 16 years. She owns her own travel agency in Long Lake. Ms. Rowlette said that she has been active in the community and has been the President of the Long Lake Chamber of Commerce in 1988 and 1989. Councilmember Goetten asked Ms. Rowlette if there was anything in particular that sparked her interest in this position. • Ms. Rowlette said that the article in the paper stated that there is currently no one on the Planning Commission that lives on Lake Minnetonka. Ms. Rowlette stated that she has lived on the lake for 16 years. She had just retired from the Chamber of Commerce and was seeking a way to become active in the community. is Mr. Ralph Bagley was asked to address the Council. Mayor Grabek observed that Mr. Bagley served on the Orono Council for 14 years. He asked Mr. Bagley why he decided at this time to again be involved in City politics. Mr. Bagley responded that he had been separated from Orono politics for some time and that conscientiously he needed to show interest in being involved in the community again. Mayor Grabek asked Mr. Bagley what he did for a living and whether he continued to work or was retired. Mr. Bagley replied that he was involved with the Grain Exchange and is now retired. Councilmember Callahan asked Mr. Bagley if he resided in Minnesota for the entire year. Mr. Bagley replied that he does travel in the winter. - 13 - MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 • PLANNING COMMISSION APPOINTMENT CONTINUED Mayor Grabek thanked Mr. Bagley for his interest and his 14 years of previous service. Randy Weestrand was called to next address the Council. Mr. Weestrand stated that he has been associated with the construction and development business for 10 -12 years. He said that he would like to be involved with the other side of developing. He informed Council that he has resided in Orono nearly all of his life and that he felt he had an obligation to give something back to the community. Mr. Weestrand said that he grew up on Lake Minnetonka, but is not currently a lakeshore resident. He said that he had owned a 30' boat, but sold it due to the overcrowded conditions on Lake Minnetonka. Councilmember Nettles asked Mr. Weestrand if, from a builder's perspective, he believes the Council and Planning Commission are too restrictive. Mr. Weestrand replied that he has no problem with restrictions in general, but objects to arbitrary restrictions. He believed that it is the responsibility of the two bodies to uphold the City Code and public safety. Councilmember Callahan asked Mr. Weestrand if he has constructed homes in Orono. • Mr. Weestrand replied that his home is the only construction he has done in Orono. Mayor Grabek asked Mr. Weestrand where he has done the majority of construction. Mr. Weestrand replied that he has constructed homes mainly in the Maple Grove area. Mr. Ward Edwards, was asked to come forward. Mr. Edwards stated that he had become interested in the planning aspect of the community after attending a seminar regarding the redevelopment of Navarre. Mr. Edwards stated that he currently owns property on Lake Minnetonka and that property has belonged to his family for 55 years. He added that he has participated in various yacht clubs and has spent a great deal of time on the lake. Mr. Edwards informed Council that he has been involved with health care administration since 1951 in the Twin Cities area. He noted that he is retired, but continues to work as a consultant for North Memorial Hospital. Mr. Edwards said that he has been involved with hospital planning boards, as well as the Model City Planning program. Mayor Grabek asked Mr. Edwards to submit something in • writing to the City to provide a reference for Council to use in - 14 - MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 PLANNING COMMISSION APPOINTMENT CONTINUED making their decision. Mayor Grabek informed all applicants that Council would review the candidates and come to a decision by the May 29, 1990 Council Meeting. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to appoint Charles Kelley as Planning Commission Chair and Maureen Bellows as Planning Commission Vice - Chair. Motion, Ayes -4, Mayor Grabek, Nay. Motion passed. PARK COMMISSION APPOINTMENT It was moved by Councilmember Nettles, seconded by Mayor Grabek, to appoint Susan Wilson to serve on the Park Commission. Nettles believed that Ms. Wilson was properly qualified and especially favored the fact that she is an avid bicyclist. Nettles indicated that the bike trail is a portion of the Park Commission program that is not receiving adequate attention. He also noted that seven of the eight Park Commissioners are men and felt it would be good to appoint a woman. Motion, Ayes -3, Peterson, Nay, Goetten abstained. Motion passed. ADMINISTRATOR'S REVIEW* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, accept the memo from Mayor Grabek • regarding this matter. Motion, Ayes -5, Nays -0. Motion passed. HIGHWAY 12 POLICY COMMITTEE UPDATE Mayor Grabek updated Council and others in attendance of the recent meeting of the Highway 12 Policy Committee. He stated that Long Lake had not only it's appointed representative, Mayor Kunze, present, but City Attorney VandeVegte, the alternate, was also present. Mayor Grabek felt that it was inappropriate to have the representative and alternate present, especially since the alternate is the City Attorney. Mayor Grabek believed that the City is at a disadvantage for attending the various committee meetings. He said that the representatives were being asked to provide input as to where the best location for Highway 12 will be. Grabek believed it would be wise for the City to hire a consultant to assist the Council and City to look at alternatives for Highway 12 locations. He said, "The City is going to have to take a stand at some point. We have to understand why we are choosing one location over another. What makes one location more feasible than another. I believe that it is during these initial stages of input that we need to be most prepared. Once MNDOT takes over, the matter will be out of our hands. We are spending $100,000 on this study. It is going -to be a very emotional time. Someone is going to lose their home or business. Orono needs the road, but we have to determine the best solution. MNDOT has put the onus on the representatives to come to an agreement as to • where the road should go. The consequence of not coming to a - 15 - MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 • MAYOR'S REPORT - HIGHWAY 12 POLICY COMMITTEE CONTINUED consensus at this $100,000 study phase is that the study will be discontinued." Councilmember Goetten stated that was not necessarily true. She said, "We were told that they have the right to continue the study even if there is no consensus." Mayor Grabek replied, "I investigated further and Section 312 has been repealed and no longer exists." Bernhardson commented that there are portions of Section 161 that may be applicable. He explained the two processes that MNDOT may follow in these cases. One pertains to interstate highways, the other to trunk highways. Grabek said that Steve Hay of MNDOT had indicated that there are many roads that need attention. If there is no consensus among the communities for this project, they will not waste their time, but will take on another project. Councilmember Goetten said, "I am going into this with an open mind. I have participated in the Highway 12 Task Force for 2 years and many of these concerns have been addressed. It is obvious that each of the Highway 12 committees are going to have IS to agree and reduce the number of alternatives to be reviewed. It was my understanding that MNDOT would provide a consultant to work with committees. I think it is up to each of us to do our homework and be prepared. It was my understanding that the cities involved were to work together to reach an agreement." Mayor Grabek said that due to the emotional tension of this project, it is going to be difficult for the cities to agree. Each city will wish to impact it's residents and business owners the least. Grabek stated that the construction of Highway 12 will probably not occur for another 20 years. He asked Council to envision what the area will look like 20 years from now. Councilmember Nettles asked Bernhardson if the League of Minnesota Cities has staff or the expertise to assist in this process. Bernhardson replied that to the best of his knowledge, they do not. Callahan noted that many years ago a plan for Highway 12 was worked out and was ready to implement. Orono and Long Lake agreed on the location of the road. At the last minute, MNDOT decided not to proceed. City Engineer Cook stated that because his firm represented the City, they were very knowledgeable about the area. He said 0 - 16 - MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 • MAYOR'S REPORT - HIGHWAY 12 POLICY COMMITTEE CONTINUED that his staff has highway and transportation expertise. Cook believed that his firm could best serve the City in a consultant capacity rather than hiring an outside firm. Mayor Grabek advised Cook that he would take his offer into consideration, but asked that staff look at other alternatives as well. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to direct staff to provide Council with information pertaining to the hiring of a consultant. Goetten asked that the information include the cost of the service. Nettles asked that information include what each firm will do specifically to address the corridor selection process. Callahan thought it would be necessary for Council and staff to determine exactly what information they want the consultant to provide. Mayor Grabek indicated that he would like to have the consultant attend all of the committee meetings to provide continuity. Motion, Ayes -5, Nays -0. Motion passed. OTHER Councilmember Goetten asked Bernhardson if there have been any developments with the Wayzata Public Works situation. It was her understanding the City of Wayzata had purchased property from is MNDOT. Bernhardson replied that he had asked the City Manager if he would like to engage in further discussion of this matter and he had no interest. Bernhardson said that he would provide information to Council at their next meeting. CITY ADMINISTRATOR'S REPORT: LAKE MANAGEMENT ISSUES Bernhardson stated that all information regarding this topic had been presented with the LMCD report earlier this evening. Gabriel Jabbour referred to the information from City staff containing Bernhardson's recommendations and comments to the LMCD. Mr. Jabbour agreed with the "proactive" approach that the City was taking. Jabbour expressed concern regarding the increased lake usage. He was disappointed with the present enforcement of laws and the lack of appropriate penalties when the laws are violated. He encouraged the Council to establish a committee as suggested by City Administrator Bernhardson. Mr. Jabbour stated that the word "conservation" does not exist in the LMCD's Comprehensive Plan. He believed that the major focus is increased use of the lake. • - 17 - MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 • 3779 CASCO AVENUE DRAINAGE PROBLEM Mr. Dean Greimann was present. Public Works Director Gerhardson depicted the present drainage pattern existing in the area of Mr. Greimann's property. Gerhardson believed that a drainage ditch that had been in existence, had been covered over. Gerhardson explained that similar situations exist elsewhere in Orono where a drainage problem occurs, but the City has no easements that would allow access to the draintile to make repairs. Gerhardson said that the City has not accepted responsibility for these drainage areas because many of them are inadequate. Mr. Greimann explained that the heavy rains in July, 1987 did exceed the capacity of the storm sewer and washed away the embankment dividing his property from his neighbors. He said that the area where the open tile is located is continually plugged with leaves. Mr. Greimann stated that he would like the portion of draintile extending across lots 14, 15 and 16 repaired. Mayor Grabek informed Mr. Greimann that easements are necessary if the City is to make those repairs and asked Gerhardson what the process would be to accomplish that. • Gerhardson replied that it will be necessary to have approval from the neighbors to provide an easement. Mayor Grabek asked Mr. Greimann if he could initiate that process and bring the information back to the City. Bernhardson noted that in addition to the cost of the easement and repairs, there will also be approximately $1,500.00 for a feasibility study. Councilmember Callahan suggested that Mr. Greimann and his neighbors undertake the project themselves. City Engineer Cook and Gerhardson confirmed that it would be less costly for the neighbors to do the project. Mayor Grabek asked if it would be possible to have the City Engineer provide some input for the benefit of the neighbors. Gerhardson suggested that he and Cook should meet Mr. Greimann on site to discuss alternatives and costs. Mr. Greimann agreed with Gerhardson's suggestion. • - 18 - MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 LEGISLATIVE IMPACT* • It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the information presented regarding the 1990 Legislative impact on municipalities. Motion, Ayes -5, Nays -0. Motion passed. ANNEXATION ORGANIZATION MEETING DATE* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the information provided on the annexation hearing. Motion, Ayes -5, Nays -0. Motion passed. FACILITIES CITIZEN REVIEW COMMITTEE* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the information from the Architect and staff regarding the facility Citizen Advisory Committee. Motion, Ayes -5, Nays -0. Motion passed. COMMENDATION OFFICER CORNICR- RESOLUTION #2799* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2799 commending Officer Cornick for his efforts and dedication as a participant in the D.A.R.E. program. Motion, Ayes -5, Nays -0. Motion passed. SALARY ADJUSTMENT -LYLE OMAN* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve a salary adjustment for Lyle • Oman at a Level 9, Step 3 at a rate of $15.897 per hour, effective as of October 6, 1990, as Senior Building Inspector, subject to probation through to October 9, 1990. Motion, Ayes -5, Nays -0. Motion passed. SALARY ADJUSTMENT -BRUCE VANG* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve a salary adjustment for Bruce Vang at Level 7, Step 3 at a rate of $13.694 per hour, effective as of October 23, 1990, subject to a probationary period to continue through October 23, 1990 with a salary review in that position scheduled for April 23, 1991. Motion, Ayes -5, Nays -0. Motion passed. FLEXIBLE BENEFITS PROGRAM Councilmember Peterson removed this from the Consent Agenda to discuss the fact that only one company has been asked to provide information and quotes. Councilmember Callahan asked why DCA Stanton was chosen by staff. Bernhardson explained that they have been involved with compensation structures for municipalities for a number of years. DCA is the consultant for LOGIS which provides the benefit • package for Orono at this time. - - 19 . MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 • FLEXIBLE BENEFITS CONTINUED Mayor Grabek did not think there would be much difference from one company to another company that handles municipal benefits. It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to direct staff to solicit additional proposals and /or bids to provide a flexible benefit program for Orono. Callahan suggested that staff be sure that the companies asked to submit a proposal are qualified in the area of municipal benefits. Motion, Ayes -4, Mayor Grabek, Nay. Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: Stubbs Bay Sewer, LOGO Contest, Teri Naab Recognition, Local Well Authority Status Report, Albrecht Contract, March Receipts & Disbursements, Wire Transfers, and Administrator's Goal Setting. Motion, Ayes -5, Nays -0. Motion passed. CITY ATTORNEY'S REPORT: NSP /WRIGHT- HENNEPIN FRANCHISE City Attorney Barrett presented the Franchise Agreement for • an electric. power utility franchise. The agreement will allow NSP to use the public right -of -ways for its lines and wires. Barrett stated that the previous Franchise Agreement had been in effect for 20 years and has expired. r: Gerhardson explained that a similar agreement will be provided from Wright- Hennepin. Mayor Grabek asked what the City could do to exclude Wright- Hennepin and provide all citizens in Orono with NSP, which is less expensive. Gerhardson replied that he is currently reviewing that. Councilmember Nettles asked if NSP could be required to bury their lines. Barrett replied that it would be necessary to first advise NSP that you wish them to do that. The City would then have to negotiate with the Public Utilities Commission. Barrett asked for an executive session to discuss pending litigation. - 20 - , '4 ,! � 1 MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 is LICENSES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the following license(s): Septic System Installers: Hayes Excavating Route 1, Box 202 Montrose, MN Volkenant & Sons, Inc. 1030 County Road 82 Maple Plain Widmer, Inc. P. O. Box 219 St. Bonifacius Coppin Plumbing 2300 Chateau Lane Mound Garbage & Refuse Collectors: R & W Roll -Off & Sanitation 5525 County Road 50 Carver Motion, Ayes -5, 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 -5 Nay -0. Motion passed. is EXECUTIVE SESSION 10:35 P.M. Mayor Grabek requested that Council adjourn to an Executive Session at 10:35 p.m. ADJOURNMENT 10:39 P.M. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adjourn the Regular Council Meeting at 10:39 p.m. Motion, Ayes -5, Nays -0, Motion passed. C_ I JameLs R. Grabe ayor - 21 -