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HomeMy WebLinkAbout05-29-1990 Council Minutesr + + MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 29, 1990 • ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, and 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, City Attorney Barrett. City Engineer Cook, and City Recorder Sche f ler . NO THERN STATES POWER COMPANY FRANCHISE ADOPTION WRIGHT HENNEPIN CO -OP ELECTRIC ASSOCIATION FRANCHISE ADOPTION PUBLIC HEARING 7:00 P.M. TO 7:05 P.M. The Affidavit of Publication was duly noted. Bernhardson. explained that the purpose of this public hearing was to have Council adopt the franchise agreements for NSP and Wright /Hennepin Co -op. Bernhardson noted that City staff was waiting written confirmation of approval from Wright /Hennepin regarding a revision made to their agreement. He suggested that Council may wish to postpone their decision regarding Wright /Hennepin. Bernhardson stated that the franchise agreements do not address rate or territory regulations. He noted that a resident had recently asked whether a change could be made from Wright/Hennepin to NSP. He informed Council that • information regarding territorial changes would be provided at the next Council meeting. There were no comments from the public regarding this matter and the public hearing was continued. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to continue the public hearing regarding the Wright/Hennepin Franchise Agreements until the June 11, 1990, Council Meeting. Councilmember Goetten asked whether she would have the opportunity to ask questions about either agreement. Callahan stated that his motion was intended only to postpone the Wright /Hennepin matter, and that the I4SP Agreement had yet to be addressed. Councilmember Nettles asked whether the City had any authority to require that the power lines be buried in the ground. City Attorney Barrett had previously inquired about Nettles' questions and was informed that the City has no authority without approval of the Public Utilities Commission. He noted that it may involve a lengthy process in order to be allowed to require that the lines be buried. Nettles said that burial of power lines is something that the City should consider and asked staff to put the issue on a future agenda. Barrett noted that the Franchise Agreements presented this evening will be in effect for 20 years. Peterson asked whether the City of Orono has ever charged NSP or Wright /Hennepin a 5% franchise fee. . Bernhardson replied that the City has not imposed the fee. - 1 - ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 NSP AND WRIGHT /HENNEPIN CONTINUED Motion, Ayes -5, Nays -0, Motion passed. It was moved by Councilmember Nettles, seconded by Councilmember Goetten to table the NSP Franchise Agreement consideration until the June 11, 1990 Council Meeting. Nettles asked that staff look into the aspect of line burial and whether it is necessary to have the terms of the agreements last for 20 years. Motion, Ayes -5, Nays -0, Motion passed. CONSENT AGENDA* Councilmember Goetten asked that items #5, #17 and #29 be removed from the Consent Agenda for discussion. Councilmember Callahan asked to have item #27 removed for discussion. Bernhardson informed Council that it would be possible for Mr. Earl Freeman to attend this meeting to discuss his zoning application. Bernhardson asked Council where on the agenda Mr. Freeman could be placed. It was the consensus of the Council that Mr. Freeman be scheduled as item #14A under the Zoning Administrator's report. • It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the Consent Agenda; with the • exception of items #5, #17, #27 and #29, which were removed and discussed in the order appearing on the Agenda. The Zoning Application of Mr. Earl Freeman was added to the Agenda as item #14A under the Zoning Administrator's Report. Motion, Ayes -5, Nays -0, Motion passed. CONSIDERATION OF MORATORIUM PUBLIC HEARING 7:10 P.M. TO 7:45 P.M. The Affidavit of Publication was duly noted. Bernhardson explained that the City's Zoning Ordinance allows only Orono municipal facilities to exist within a residential area. Bernhardson stated that the City of Wayzata has expressed interest in constructing a municipal facility on property located in Orono within a residential zone. Bernhardson stated that the mortatorium would allow the City to more closely examine the options and possibility of amending the Zoning Ordinance to include conditions if such a situation is allowed. t1r. Robert Gisvold, Mayor of Wayzata was present, as was Mr. Allan Orsen, City Manager for Wayzata. Mayor Gisvold stated that it had become necessary for the City of Wayzata to relocate its public works facility. He said that the property in question would be suitable for such a use do to the location being fairly hidden from view. He had hoped that they could work with the - 2 - • ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 • MORATORIUM CONTINUED City of Orono to accomplish that goal. He suggested that a shared facility would be an option. He asked Bernhardson whether the City had established a time limit for the moratorium, if approved. Bernhardson replied that the moratorium could last 6 to 9 months, but could be terminated at an earlier date by Council if they so choose. Mr. Orsen presented sketch plans of the building they hope to construct. He stated that Sketch Plan A, shoeing the use of the property within Orono was preferred. Sketch Plan B showed an option-of using property within Wayzata. Mayor Grabek asked Mr. Orsen if Wayzata had received approval from Orono to construct such a facility prior to their purchase of the property. Mr. Orsen replied that Wayzata had informed Orono of its intentional use of the property if they were in fact to purchase it. Mayor Grabek stated that though Mr. Orsen and Mayor Gisvold had met with him and discussed their interest in the property, he • had not made it clear that they intended to purchase the land. Grabek asked Barrett if he was aware of the procedure required in order to M14DOT to offer municipal property for sale. Barrett said, "I don't believe there is any requirement for MNDOT to offer the property to abutting cities. There is more than likely a bidding procedure or price consideration that have to be taken into account. Councilmember Goetten commented that she had spoken to Bill Crawford from MNDOT last week. She said that Mr. Crawford had been unaware of the fact that this property was within Orono until negotiations were well under way. She said Mr. Crawford indicated that normally out of courtesy, they inform cities of property within their borders that 14NDOT has for sale. Goetten also asked whether the upgrade of Highway 12 will pose any problem for any structure built on this property. Goetten said that at one point Wayzata had stated that MNDOT-had assured them that Highway 12 would not interfere with their new facility. Goetten questioned Mr. Crawford as to how he could make that decision, since no one else seems to know where Highway 12 is to go. Goetten said the Mr. Crawford told her that he had never given Wayzata any assurances that Highway 12 would not interfere with any structure on that parcel. Nettles stated that if the City's Code does not clearly • address this situation, that only Orono facilities should be - 3 - y ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 MORATORIUM CONTINUED allowed on Orono property. He noted that he was comparing this . matter to the existing situation with Long Lake. He said that it would be possible for Wayzata to begin annexation proceedings, as Long Lake has done. He believed that the moratorium is a good idea. Piayor Grabek stated that he would prefer not to have such a facility located at the entrance to Orono. even if were constructed on property within Wayzata. Peterson stated that in her opinion, Long Lake is proceeding with annexation because they disagreed with the conditions of use Orono required. She questioned whether such a situation would occur if Wayzata agreed to comply with conditions established by Orono. She asked how the Municipal Board may view a request for annexation, especially since the property is non - taxable. Bernhardson replied that the property could become taxable in the future. He stated that should Wayzata construct a building on that parcel. that they would probably have a stronger case in favor of annexation. Peterson asked Bernhardson what plans the City would have for that parcel of land. Bernhardson said that the City would need to examine what is • the most suitable use of the property. He stated that the moratorium will allow the City to consider uses for the land, whether it be Wayzata's proposal or that of another party. Mayor Gisvold stated that the City of Wayzata does not intend to go against the wishes of Orono. He said this is an opportunity to relocate their public works facility to an area that will have little impact on either community. He said we do not feel it is necessary to annex the property. We only wish to be allowed to use it as we have indicated. Mayor Gisvold explained that they may be unable to wait 6 to 9 months for the moratorium to be lifted. He stated that their current public works facility is at the Widston School. They have received notice that they must vacate this site. Councilmember Callahan stated that he did not want Wayzata to misconstrue a vote in favor of the moratorium as an indication that he did not want to cooperate with Wayzata. Callahan said that he did not know why, but felt it was undesirable to have two public works facilities located so closely together. He was hopeful that Orono and Wayzata could reach an agreement to benefit both cities and favored the moratorium for that purpose. Councilmember Goetten questioned why the City had decided to place a moratorium on the property at this point. She asked why - 4 - 0 U • • ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 MORATORIUM CONTINUED the City had not considered purchasing the land themselves. Bernhardson stated that he became aware of Wayzata's actual purchase of the property only a short time ago. He stated that there had been no interest expressed by Council regarding the purchase of the land from MINDOT. Councilmember Peterson asked whatever became of the proposal to trade property in Orono for property in Wayzata. Mayor Gisvold indicated that the discussions pertaining to trading properties were not very extensive. Callahan stated that he would not have been in favor of purchasing the property from r7NDOT. Mayor Grabek asked Mayor Gisvold what position the City of Wayzata has taken with regard to the location of Highway 12. Mayor Gisvold stated that Wayzata has not taken a formal position at this time. He stated that Mr. Crawford had not used the word assurance when discussing Highway 12. Mr. Crawford did indicate that he strongly believed that Highway 12 would not go to the south, otherwise they would not have considered disposing of the subject property. Mayor Grabek stated that because there are so many unanswered, questions, a moratorium is necessary. Mayor Grabek asked that staff send a letter to Mr. Crawford asking him the reason the property was sold to Wayzata. The letter should also inquire about representations made to Mayor Gisvold regarding the construction of Highway 12 south of its current location. Mayor Grabek said that he was still concerned about the visibility of the public works facility should it be constructed on the Orono property. He questioned whether the Wayzata City Staff had reviewed all other possible locations within Wayzata. Mayor Gisvold stated that there are no other locations within Wayzata that would have adequate acreage. Mayor Grabek asked Mayor Gisvold whether he would be amenable to discussions regarding joint use of a public works facility. Mayor Gisvold stated that he would welcome such discussions. He reminded Mayor Grabek that they do not have an unlimited amount of time in which to 'Lind an alternative location for their public works facility. There were no further comments regarding this Natter and Mayor Grabek closed the public hearing. 5 - J ' ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 MORATORIUM CONTINUED It was moved by Councilmember Nettles, seconded by • Councilmember- Callahan, to adopt Ordinance #84, Second Series establishing a moratorium on governmental facilities apart from its own and the school district as set forth in the moratorium. Staff is directed to amend the existing code to clearly state that it is only Orono's municipal facilities that are allowed to exist within residential areas. Motion, Ayes -3, Goetten, Peterson, Nay. Motion passed. Councilmember Goetten stated that she believed. that 9 months was too long a period of time for a situation that has been ongoing for a year. Goetten stated that presently the Code does not prohibit other cities from building such facilities within residential areas. Peterson questioned whether this was an ordinance amendment and if so would not a 4 /5ths vote be required. Barrett stated that a. Statute under Chapter 452 authorizes cities to impose moritoria with only a majority of Councilmembers voting in favor. A 4 /5ths vote is required when amending the City Code. RECOG`iITION -TERI NAAB, DEPUTY CLERK .Mayor Grabek presented a Resolution to GIs. Naab recognizing her achievement of attaining the Minnesota Clerk's Certification. APPROVAL OF MINUTES Councilmember Goetten asked that the minutes be corrected to indicate that Councilmember Callahan asked Mr. Johnson to contact his neighbor regarding a shared use of "the existing walkway. • Goetten stated that she had voted nay on this matter because she believed that staff should contact Mr. Johnson's neighbor. She thought it was inappropriate for Mr. Johnson to negotiate an issue that was of interest to him. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve the Minutes of the Regular Council Meeting held May 14, 1990. Motion, Ayes -5, Nays -0, Motion passed. PUBLIC COMMENTS: There were no public comments. ZONING ADMINISTRATOR'S REPORT: #1467 CHARLES HOMMEYER 4125 OAK STREET VARIANCE RESOLUTION #2805 Mr. and Mrs. Hommeyer. were present and indicated that they had no comments. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2805, approving the after -the- fact conditional use permit and variances for a retaining wall 6 - • ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 • ZONING FILE #1467- HOMMEYER CONTINUED and deck. [lotion, Ayes -4, Goetten, Nay. Motion passed. #1483 HARRY VOGT 1342 REST POINT CIRCLE VARIANCE RESOLUTION #2806 [4s. Merle Vogt was present and indicated that she had no comments. Councilmember Goetten noted that Council has been. asked to consider whether or not the refrigerator may remain in the structure. Mayor Grabek indicated that he would be in favor of allowing the refrigerator to remain. Councilmember Goetten concurred, stating that her concerns were focused on the plumbing that had been installed in the facility. it was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2806 as amended to include language allowing a refrigerator to remain in the structure. Motion, Ayes- 5, Nays -O. Motion passed. • #1511 CITY OF ORONO CONDITIONAL USE PERMIT PUMP STATION VARIAHCE Bernhardson explained that this application involved approval of the construction of a pump station on Highway 12. Bernhardson stated that the roof design of the building has been revised from gable to mansard. The building access will occur from the east side rather than the south side as first proposed. Bernhardson noted that initially there will be two pressure tanks to the rear of the building. Once the water tower has been constructed, the pressure tanks will be removed. He stated the staff has reviewed this proposal with Mr. Otten. Councilmember Goetten asked Public works Director Gerhardson if he has reviewed the to -scale plans of the structure and what the height of the structure will be. Gerhard.son stated that he has reviewed the plans and that the structure will be approximately 16�' high. Goetten asked whether- the structure will require a. setback variance. City Engineer Cook stated that a 3' setback variance will be • required on the east side of the building. - 7 - ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 ZONING FILE #1511 -CITY OF ORONO CONTINUED Councilmember Goetten stated the City should abide by the . reconunendation of the Planning Commission to provide evergreen screening. Councilmember Callahan noted that a survey is required for all zoning applications and that the City should not be exempt from meeting that criteria. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to conceptually approve the conditional use permit for the construction of a pump house to be located on Highway 12. Motion, Ayes -5, Nays -0. Motion passed. #1515 JEFFREY JOHNSON 3825 CHERRY AVENUE VARIANCE RESOLUTION #2807 Jeffrey Johnson was present. Bernhardson briefly reviewed the current information regarding this application (see Jeanne Mabusth's memo dated May 25, 1990). Mayor Grabek asked Mr. Johnson if he had in fact discussed the option of sharing the neighbor's catwalk. Mr. Johnson indicated that he did discuss that option with • his neighbor, but his neighbor had no interest in sharing the existing catwalk. Councilmember Goetten stated that she had gone out to the site and is more certain that Mr. Johnson's proposal should not be approved. She stated that she had not approved a similar application previously reviewed by Council. Goetten also stated that Mr. Johnson's neighbor should be asked to come before the Council because their catwalk is deteriorating and must receive Council approval for repairs. Goetten again expressed her concern regarding the precedent- setting aspect of approving such structures. Councilmember Nettles asked staff how many of these catwalks exist in Orono. Mabusth referred to a catwalk previously approved for property on Tonkawa Road and a bridge approved in 1978 for property on Farview. She said that similar situations more than likely exist in Orono, but could not provide specific locations at this time. Mabusth stated that at some point in the future, the City will be able to vacate the right -of -way for Cherry Avenue which 8 - • ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 ZONING FILE #1515- JOHNSON CONTINUED would allow the proper easements to be granted to Mr. Johnson's property. It was moved by Councilmember Nettles, seconded by Mayor Grabek, to adopt Resolution #2807, approving a variance allowing an accessory structure to exist on a legally combined property divided by a platted right -of -way where the principal structure is not on the same parcel, as well as hardcover and setback variances within the 0 -75' setback area. Callahan asked that staff initiate the process to vacate the right -of -way for Cherry Avenue.-Motion, Ayes -3, Goetten, Callahan, Nay. Motion passed. #1516 WHITNEY MACMILLAN 1560 FOX STREET SUBDIVISION RESOLUTION #2808 Mr. and Mrs. MacMillan were present, as was Mr. Jack Taylor, Attorney, Mr. Larry Hanson, Schoell and Madson, and Mr. Herb Baldwin, Landscape Architect. Bernhardson reviewed the information regarding this application for a subdivision to create a single building lot (see Michael Gaffron's memo dated Play 24, 1990). Mayor Grabek asked whether staff's questions regarding • access have been answered sufficiently. Gaffron stated that all questions have been answered. Mr. Taylor stated that the Resolution states that the applicants must sign a standard maintenance and dedication agreement. Mr. Taylor asked for the opportunity to work with the City Attorney to revise the agreement. He said that some of the language does not apply because of the creation of only one lot. Bernhardson stated that staff would work with Mr. Taylor so to have the agreement drafted prior to final plat approval. Mr. Taylor also state the title to portions of one ownership. He stated after the plat is filed. language providing him to Council. :d that it will be necessary to transfer this property so that it will be under that it would be more simple to do this He asked that the resolution provide do that without the need to come before City Attorney Barrett indicated that there should be no problem with proceeding as Mr. Taylor has requested. Councilmember Goetten asked whether Mr. Taylor's requests would cause any of the information presented to Council to • change. 9 - ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 ZONING FILE #1516- MACMILLAN CONTINUED Gaffron stated that the subdivision will remain as it has . been presented to Council. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2808, approving the preliminary subdivision for Mr. and Mrs. Whitney MacMillan. Motion, Ayes -5, Nays -0. Motion passed. #1517 WHITNEY MACMILLAN 1560 FOX STREET CONDITIONAL USE PERMIT RESOLUTION #2809 Gaffron explained that the MacMillans were seeking a conditional use permit in order to enlarge an existing pond. Gaffron noted that the MacMillans were also proposing to put a stone wall, 2' in height, along the outlet to serve as a dam. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2809, granting a conditional use permit to enlarge an existing pond. Motion, Ayes -5, Nays -0. Motion passed. #1522 JAMES NORDLIE 2505 DUNWOODY AVENUE VARIANCE RESOLUTION #2810 • Mr. and Mrs. Nordlie were present, as was Mr. Gerry Roelofs, the Norlie's bui -lder. Bernhardson reviewed the information in Gaffron's memo dated 5/24/90. Gaffron showed the Council the area of hardcover that would be removed in order to achieve 35% as recommended by the Planning Commission. Mr. Roelofs stated that the Planning Commission's recommendation of 35% seemed arbitrary. He said that removal of driveway hardcover presents a hardship in the winter. Mr. Roelofs suggested an alternative that would allow easier access in winter and would reduce hardcover to 36.090. He asked Council to consider that option. Grabek asked whether staff had any objections to Mr. Roelofs' proposal. Gaffron stated that in his opinion, Mr. Roelofs' proposal was a compromise. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2810 as amended to reflect that - 10 - • ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 • ZONING FILE #1522 - NORDLIE CONTINUED hardcover be reduced to 36.09% as proposed by Mr. Roelofs. Callahan believed that it is possible for Nordlies to meet the 35 %. He stated that slippery conditions only exist for short -periods of time and portions of the sidewalk could be removed if it is necessary to retain more driveway area. Councilmember Goetten concurred with Callahan. Motion, Ayes -2, Goetten, Peterson, Callahan, Nay. Motion failed. It was moved. by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2810 as presented, requiring that hardcover be reduced to 35 %. Mr. Roelhofs asked. what options are available to his clients. Gaffron explained that the applicants could ask to have the matter tabled. He noted that hardcover could be removed from any location on the property as long as 35% is achieved. Mrs. Nordlie noted that they are only adding 100 s.f. of structure. Motion, Ayes - 5, Nays -0. Motion passed. #1525 WILLIAM WROBLEWSKI 630 PARK LANE VARIANCE RESOLUTION #2811 Mr. and Mrs. Wroblewski were present. Bernhardson briefly reviewed the applicants' request. • Gaffron added that the applicants will be required to apply for variance approval should they decide to enclose the slab in any way in the future. Mr. Wroblewski commented that adding any further structure to the porch would detract from the design of the existing house. It was moved by Callahan, seconded by Peterson, to adopt Resolution #2811, granting the hardcover variance for an addition to an existing concrete slab. Motion, Ayes -5, Nays -0. Mlotion passed. #1529 JOHN THIESSE 3845 BAYSIDE ROAD VARIANCE RESOLUTION #2812 Mr. Thiesse was present for the review of this matter. Bernhardson reviewed the pertinent facts involved with this application (see Michael Gaffron's memo dated May 24, 1990). Gaffron stated that the Planning CoMILtission voted against enlarging the driveway area to provide a turn - around /parking area. He said that the Planning Commission had considered other • options that may provide a more safe access. However, the - 11 - ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 ZONING FILE #1529 - THIESSE CONTINUED options available offered nothing more than the applicant's • proposal. Gaffron noted that the pitch on the roof of the attached garage will be approximately 3' higher than the house. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2812, granting side setback, street setback and hardcover variances to construct a 2 -car garage. Motion, Ayes -5, Nays -0. Motion passed. EARL FREEMAN 4545 WATERTOWN ROAD Bernhardson had asked that this matter be added to the agenda. Mr. Freeman resides in Chicago and was able to attend this meeting to discuss the status of his property. Bernhardson informed Council that the hazardous structure had been removed from the property sometime ago. He stated that a sheetmetal building remains on the property and that Mr. Freeman is asking to retain the structure until a principal structure is constructed. Bernhardson noted that concerns had been raised by Planning Commission and Council regarding the condition of the property. Mabusth stated cluttered the site. until June 15, 1990 Mayor Grabek meeting the June 15 that unlicensed vehicles -, garbage and debris She noted that Council had given Mr. Freeman to clean up the property. asked Mr. Freeman if he would have a problem • deadline. Mr. Freeman replied that he was not -aware of the need for a variance to maintain the shed. He stated that he received notice of his violation one week after receiving notice that the guest house had been razed. He stated that he does intend to clean up the property and take care of the existing well. He noted that City staff had indicated there were 3 wells, he knew of only one. Mabusth asked Mr. Freeman if he was aware that the items in the shed must also be removed by the June 15 deadline date. Mr. Freeman stated that he would have all items in the shed removed. Mabusth asked that Mr._ Freeman provide staff with the names of his local agents. Mayor Grabek asked Mr. Freeman what plans he has for the property. PIr. Freeman stated that he had originally hoped to build a home on the property. However, he was transferred to Chicago. He stated that a developer has expressed interest in purchasing - 12 - is ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 FREEMAN CONTINUED • the property to construct a home. Mr. Freeman asked whether it was necessary for a building permit to be issued by October 31. Mabusth stated that Mr. Freeman is correct. Mayor Grabek asked when the building was razed. Mabusth replied that the guest house was razed in October, 1989. The principal structure burned down in 1984. Mayor Grabek stated that if the shed and grounds are not cleaned up by June 15th, Mr. Freeman will be required to remove the shed. He informed Mr. Freeman that if a principal structure is not constructed by October 31, 1990, the shed must be removed. Mr. Freeman indicated that he would require additional time to sell the property and asked that the deadline by extended to next spring. Callahan indicated that an extension to spring would not be objectionable, but questioned whether Mr. Freeman would be able to meet that deadline if he could not meet the October deadline. Mayor Grabek suggested giving Mr. Freeman until June 1, 1991. He stated that staff may order the shed removed, with • Council approval, if the cluttered condition returns. • It was moved by Mayor Grabek, seconded by Councilmember Nettles, that the property be cleaned up by June 15, 1990. If the property is cleaned up, staff is directed to prepare a resolution allowing Mr. Freeman to retain the accessory structure on the property with no principal structure until June 1, 1991. If the June 15, 1990 deadline for clean up is not met, the shed must be removed. If the property returns to a state of clutter any time before June 1, 1991, staff is directed to bring the matter before Council to have the shed removed. Motion, Ayes - 5, Nays -0. Motion passed. CITY ENGINEER'S REPORT: CHANGE ORDER #1, WELL #3* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve Change Order #1 for Keys Well Drilling for $975.00 for placing silt fencing erosion control as needed. Motion, Ayes -5, Nays -0. Motion passed. PLANS AND SPECS FOR PUMP HOUSE Bernhardson stated that this item was to provide approval of the pump house plans and direct the Engineer to advertise for bids. - 13 - ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 PUMPHOUSE CONTINUED City Engineer Cook asked that the bid date be set for July • 3, 1990 at 10:00 a.m. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve the plans and specifications - as presented for the pump house for well #3 with the mansard roof and to direct the City Engineer to advertise for bids for a bid opening on July 3, 1990 at 10:00 a.m. Motion, Ayes -5, Nays -0. notion passed. LIFT STATION 10 AND 43 BID AWARD Councilmember Goetten asked Barrett whether he had reviewed this matter. Barrett stated that he recommended that the bid be sent to the bonding company. He understood that has been done and that the bonding company has verbally accepted the bid. He stated that due to vacation schedules, the bonding company has not yet responded in writing. He suggested that Council either approve the award contingent on the receipt of written approval, or that the matter be delayed until written confirmation is received. Barrett noted that staff is anxious to proceed. It was moved by Councilmember Goetten; seconded by Councilmember Peterson, to present the bid award to Latour Construction, contingent on the receipt of written approval of • the bid from the bonding company. Motion, Ayes -5, Days -0. Motion passed. MAYOR /COUNCIL REPORT: PLANNING COMMISSION APPOINTMENT Bernhardson stated that Councilmember Goetten had asked to have the appointment process reviewed. In regard to the appointment to ,Planning Commission, he noted that Mr. Rollie Martin and Mr. Ward Edwards had withdrawn their applications. Councilmember Goetten opposed the manner in which the Park Commission applications were accepted. She stated that though there is no formal appointment process, a time limit was established for receiving resumes and applications. Goetten clarified that her abstention from the vote for the Park Commission appointment stemmed from that concern. She stated that she had no objections to the person appointed, only that Ms. Wilson had not met the deadline for applying. Goetten believed that the City should be more consistent in upholding whatever guidelines are established. She was also disappointed that Ms. Wilson had not appeared before the Council prior to the appointment. Councilmember Peterson concurred with Goetten. She had - 14 - Ll ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 • PLANNING COMMISSION APPOINTMENT CONTINUED voted against the appointment of Sue Wilson because of the process, not the person. Councilmember Nettles stated that it may have shed a different light on his motion had Goetten and Peterson discussed their concerns at the time of the vote. He asked whether P7s. Wilson had in fact accepted the position. Gerhardson replied that Ms. Wilson had accepted the position. Goetten stated that she had attempted to make her objections known, but could not do so before Mayor Grabek moved on to the next agenda item. Mayor Grabek apologized to Goetten for overlooking her request to be recognized. He asked Councilmembers to interrupt and ask him to stop should such a situation arise again. Councilmember Callahan stated that the process has .always been informal. He did not realize that there was any concern regarding the process on behalf of any Councilmembers. Callahan indicated that he would favor establishing a process as long as it remained simple and did not discourage citizens from seeking available positions. • Mayor Grabek believed that the City is lucky to have so many persons interested in serving the Community. He also favored keeping the process informal and simple. Ms. Sherokee Ilse stated that she had applied for the Park Corunission position. She said that two persons had called the City regarding the application process. Those persons were informed that if applications were not postmarked by the deadline date, they would not be considered. Ms. Ilse said that she was scheduled to go out of town on business and stayed up until 2:00 a.m. to prepare her application and meet the deadline. She said that it appears there are "mixed messages" being given and found that to be frustrating. Mayor Grabek stated that it was unfortunate that this situation arose. He said that he had reservations about turning away anyone that expressed interest in serving the Community. He suggested that staff examine this process so to avoid this problem from occurring again, but that there be no formal procedures or rigid policies established. Mayor Grabek asked for nominations for the position held presently by Jeffrey Johnson. Councilmember Goetten nominated. Jeffrey Johnson to serve for • - 15 - 1 ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 PLANNING COMMISSION APPOINTMENT CONTINUED a 3 -year term. Councilmember Callahan seconded the motion. • Motion, Ayes -5, Nays -0. Motion passed. With regard to the second appointment, Goetten stated that there is a real need to have a lakeshore resident fill the position. Goetten indicated that though Mr. Bagley seemed very qualified, she had reservations concerning his absence during winter months. Mayor Grabek nominated Candace Rowlette to serve on the Planning Commission. Councilmember Goetten seconded. Motion, Ayes -4. Nettles Nay. Motion passed. Nettles stated that Steve Johnston had many qualifications, including perseverance, and felt that he was deserving of the appointment. ADMINISTRATOR'S REVIEW Mayor Grabek stated that based on the information received from Councilmembers, he recommends a 5% salary increase. He also recommended a $100 /month increase in car allowance and a contract extension to two years. Councilmember Goetten expressed concerns about the contract length being extended. Sha said that it may pose problems due to any changes that may result from the upcoming Council elections. Councilmember Callahan thought to the contrary. He believed • that because of the upcoming elections a two -year contract would provide stability to processes already in place while Council adjusts to any changes. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept Mayor Grabek's recommendation. Peterson thought the increase in car allowance was excessive. Peterson also objected to a 5% increase since other City employees received 40. Goetten asked what the City Administrator's salary will be. Grabek replied that it will be $57,755.00 if increased by 5 %, or $57,205.00 at 40. Peterson noted that the salary will actually be $61,900 with the inclusion of the car allowance. Motion, Ayes -3, Peterson, Goetten, Nay. Motion passed. Goetten stated that she had asked for improved communications as part of last year's review. She said that, and other expectations have not occurred. OTHER: Councilmember Peterson asked if it would be possible for staff to provide Council with their meeting agendas earlier in the week. She said that the present system does not allow adequate time to review the information. Goetten added that there is no time to contact staff or other persons for answers to questions or added information prior - 16 - • ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 • OTHER CONTINUED to the Council Meeting. Peterson also asked that Council be given a map with the zoning applications. Gaffron suggested providing Council with the Planning Commission packet earlier in the week so they could begin reviewing the zoning applications as soon as possible. CITY ADMINISTRATOR'S REPORT: LAKE USE MANAGEMENT Bernhardson reported that a meeting had recently been held to discuss Orono's position and response to the LMCD Managerial Plan. He presented a draft response to the Plan that had been prepared by Councilmember Callahan as a result of that meeting. Callahan suggested that the draft be reviewed by Council and that they contact him with any proposed revisions. Mayor Grabek asked Callahan whether in his opinion, LMCD Representative Hurr was receptive to the ideas expressed by those attending the meeting. • Callahan stated that various comments made by Representative Hurr left him feeling pessimistic about the future of the LMCD. He noted that Hurr was cooperative and helpful. Callahan believed it would be necessary for the City to make an oral or written presentation at the upcoming Public Hearing. He also suggested that this draft be sent to the other 14 lakeshore communities and actively encourage them to support Orono's point of view. He further suggested that Representative Hurr be asked to accomplish the same goal of the City or vote against the Plan should it not meet that goal. Mayor Grabek, referring to the last suggestion, questioned whether Hurr would agree with such a request. • Callahan stated that Hurr is a representative of the Community. He said that until now, she has not had the Council's consensus on this matter and has been able to only respond in a manner she thought best. Callahan did not believe that Hurr opposed the Council's consensus. Council agreed that they would review the draft and respond to Callahan as soon as possible. Goetten questioned whether the committee should meet again with Hurr prior to the Public Hearing to confirm the City's position with Representative Hurr. - 17 - ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 LAKE MANAGEMENT CONTINUED Gabriel Jabbour expressed concern about the last minute • nature of the Council's preparation for the Public Hearing. Mayor Grabek apologized to Mr. Jabbour and explained to him that there are currently many issues facing- the City, not just Lake Management. He assured Mr. Jabbour that though it may seem that Council is not prepared, they are ready to address "this issue. Councilmember Nettles stated that Mr. Jabbour had not reviewed the draft recently prepared by Councilmember Callahan. He informed rlr. Jabbour that the - response strongly sets forth the Council's position regarding this issue. He assured Mr. Jabbour that Council would get the job done. Callahan noted that there is additional time following the Public Hearing for the City to lobby. He said that the City's response is not untimely or inadequate. Callahan encouraged Mr. Jabbour to review his draft and call him to discuss his comments. Councilmember Goetten suggested publishing Callahan's draft in the paper, however, it was determined that the deadline for receiving articles was today. Callahan directed staff to send the draft in its present form to the Councilmembers of the 14 lakeshore communities. • Goetten asked Callahan whether his draft included her concerns regarding watercraft licensing, education, etc. Callahan replied that those concerns are addressed. There was no formal motion made regarding this item. NAVARRE /LIVINGSTON AVENUE STORM SEWER Mark and Karen Cuff, and their Attorney, Anthony Gleekel, were present. Bernhardson provided a brief history regarding this matter involving 3572 Livingston Avenue, property owned by Mark and Karen Cuff. Bernhardson referred to a letter that had been received from Mr. Gleekel asking that the storm sewer project be ordered, despite the fact that a petition from the area neighbors has not been received. (See Mr. Gleekel's letter dated May 21, 1990.) P ".r. Gleekel informed Council that the Cuffs had expended a great deal of time and money to have their soil tested for contamination. He said that the test results indicated that the soil was contaminated but not to an unsafe level. Mr. Gleekel stated that it would be too costly for the Cuffs to have more 18 - • ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 • LIVINGSTON AVENUE DRAINAGE CONTINUED extensive testing done. He said that he and the Cuffs had discussed the test results with City staff. Mr. Gleekel reviewed the information in his letter regarding representations that had been made to Cuffs regarding the property. He said that his clients' backs are against the wail and they have exhausted all options. He requested that Council allow the storm sewer project to proceed. Councilmember Nettles asked the Cuffs how long they had resided next to the vacant lot before deciding to purchase it. He asked whether they had observed the runoff draining through the property. The Cuffs indicated that they had lived in their house two years. Due to the overgrown nature of the lot, they did not notice water running through the property. Ms. Cuff stated that at that time they had no problems with water leaking into their basement. Nettles asked whether a change had occurred in the area to cause water to now be leaking into Cuff's basement. Gerhardson replied that nothing had changed since the Cuff's purchased the property. He said it is his opinion that a drainageway has always existed on that vacant lot. He noted that • at one time a culvert had been placed in the street. However, it created more drainage problems and was removed. Nettles asked whether there were any other less costly options available to solve this problem. Gerhardson stated that staff has reviewed this matter over a period of several years and has found no other solution. Mr. Gleekel stated that the Cuff's could not put in a pipe themselves because of the liability they would have should the runoff drain onto a neighboring property. Nettles was sympathetic to the Cuff's problem, but did not feel that the City had made any misrepresentations regarding the property. Mayor Grabek agreed that the City should continue to look at possible solutions to this, but did not wish to commit City funds to solve the problem. Mr. Gleekel asked Council to vote to either approve or deny the undertaking of a storm sewer project. He said that the matter has been pending for a considerable time period. • City Attorney Barrett advised Council that there is nothing - 19 - ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 LIVINGSTON AVENUE DRAINAGE CONTINUED specifically for Council to deny. He suggested that Council • reiterate their previous motion asking the Cuffs to continue to obtain a petition of 350 of the area property owners. It was moved by Councilmember Nettles, seconded by ilayor Grabek, to direct staff to continue to explore options to resolve the drainage problem. In the meantime, the City maintains its position of agreeing to order the storm sewer project if 350 of the residents agree to sign a petition asking for the project. Motion, Ayes -5, Nays -0. Motion passed. HIGH19AY 12 CORRIDOR MEETING . Bernhardson informed Council that he has not received confirmation of the date for the Policy Meeting. TRANSIENT MERCHANTS Bernhardson provided information regarding the history of A1r. Penke's business and apprised Council of the recent events that have occurred (See Mark Bernhardson's memo dated May 25, 1990). Bernhardson stated that he has received letters from Mr. and Mrs. Kramer, Bayside Floral, and Mr. and Airs. Labatt, Spring Park Spur, expressing concern about the safety hazard Mr. Penke's business is creating in its present location. He said that Mr. Penke's attorney, Mr. Indritz, had indicated that Mr. Keaveny had given Mr. Penke permission to sell from his property. Bernhardson also noted that a letter had been received from Mr. • and Mrs. Butterfield protesting against transient merchants in general. Mayor Grabek asked Mr. Penke why he had not applied for a license in the last two years. Mr. Penke stated that at the April 11, 1988 Council Fleeting. there was discussion as to whether he was classified as.a solicitor. He said that Council had asked Mr. Larson, the property owner, to submit an application to rezone the property to Commercial, but that did not occur. Mr. Penke said that he was notified of the need for a license by the Police Officer that ticketed and shut him down on Mother's Day. Mr. Indritz stated that in his opinion, communication has been a problem. He said that Fir. Penke has sold flowers from one location for 5 years and there have been no complaints about the business during that period of time. Mr. Indritz said that the safety issue seems to be a new concern and was not brought previously to Mr. Penke's attention. He noted that it is Mr. Penke's competitors that have written to the City regarding the safety issue. He said that there have been no reported incidences of safety hazards during the last 5 years. Mr. Indritz stated that the Ordinance Amendment regarding transient merchants did not take place until after the Penke's appearance - 20 - • ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 • TRANSIENT MERCHANT CONTINUED at the April 11, 1988 Council meeting. Mr. Indritz said, "The Penkes were not notified of this change until they received a 'Letter from the City dated Play 7, 1990. Mr. Penke received the letter on May 9, 1990, was visited at his selling location by Police Officers on May 12, 1990 and was shut down on May 13, 1990. Police Officers informed customers in the process of purchasing flowers that Mr. Penke was no longer in business. Mr. Penke did shut down,his business and the tickets were issued two days later while he was in the process of cleaning -up the site. It was at that point Mr. Penke sought my assistance. I have tried to reach a resolve to this matter with staff and have gotten mixed messages. I was first told that this was a safety issue even though there have been no accidents or reports of problems regarding safety other than the letters recently received from Mr. Penke's competitors. I was then told that zoning was the issue and that a license application would not be approved until the property was rezoned. Staff informed me that rezoning would not likely be approved because a commercial use had to be established for the property and Mr. Penke's business did not qualify. Despite the professionalism of the City Staff, I believe that they have over - stepped their bounds and stubbed their toes on working out an arrangement for Mr. Penke in this particular matter. There has suddenly been very drastic action taken, without giving mr. • Penke the opportunity to make application or investigate the option of relocating. We would like to work with the City and have now been given permission for other locations within the City that are properly zoned." Mayor Grabek stated that in light of the Penke's being legally represented, it was necessary for the City to also proceed cautiously and seek the advice of the City Attorney. He stated that he did not wish to put Mr. Penke out of business, but there were now some ma3or issues that needed to be addressed. City Attorney Barrett referred the Council to Ordinance 5.30, Subdivision 1. He stated that Section 4 pertains to Mr. Penke's business. He said, "Mr. Penke's application is to be reviewed by the Chief of Police. If the Chief of Police finds a past history of the applicant, indicating violations similar to those declared unlawful in this section, or if he finds that granting the application is likely to result to hazard or danger, then he shall recommend denial of the license or registration. In this case, the Chief has recommended denial because he believes that there have been violations of this Ordinance in the past. If the applicant disagrees, he is allowed to come before the Council for a hearing. That is what is now taking place. However, if there is no application, there is nothing to review." • Mayor Grabek suggested tabling this until an application is 21 - ORONO REGULAR COUNCIL MEETING HELD rIAY 29, 1990 TRANSIENT MERCHANT CONTINUED received and Chief Kilbo can review it. Mr. Indritz stated that they were presenting the application to Council at this time. He said, "On Friday there was a verbal agreement with a commercial property owner that would allow I•Ir. Penke to use a portion of his property. I notified the Chief of Police Friday to get his approval of that location. Chief Kilbo indicated that the location would solve the safety problems. I also left a message for the Building and Zoning Administrator. By the time the Penke's arrived at that business location, 3 hours later, they found that the property owner had already received several calls from other business persons asking him to reconsider. Mr. Penke's competitor was in the property owner's office at the time they arrived and pressured the property owner to withdraw his agreement. It was the City that notified the competitors of the potential agreement and solution Mr. Penke had to this problem. The Penke's were able to secure written agreements from two business owners for a location to sell roses. lie would like the City to take action today." Mayor Grabek indicated that he would be unable to vote on the matter at this timie. • Ms. Candace Rowlette, a resident of Orono and owner of a Travel Agency in Long Lake, believed that it made sense for Mr. Penke's competitors to object to his mobile business. She stated • that she would object to a person selling airline tickets from a mobile location. Mayor Grabek indicated that the City cannot discriminate against the manner in which a business owner chooses to 'do business. Councilmember Callahan suggested that if all other issues have been resolved, that the Penkes submit their application and allow the Chief of Police to review it. Mr. Indritz asked that the matter be expedited to allow --he Penkes to resume business as soon as possible. Mayor Grabek accepted the information presented this evening, and directed staff to review the application in relation to the Ordinance and to act accordingly as expeditiously as possible. Mr. Indritz asked whether it would be necessary to appear again before Council. Mayor Grabek stated that staff would make that decision. Mabusth advised that if the Chief denied the application, it - 22 - 40 ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 • TRANSIENT MERCHANT CONTINUED would come before Council. If the Chief approved of the application, he could issue the license. Mr. Indritz stated that the question of approval or denial rests on whether the Chief of Police believes that there have been past violations. He said, ",Ny understanding of the Chief's position was that he was forced to refer to Council because he believed that not applying for a license in 1989 constituted a past violation requiring Council approval." Mayor Grabek replied, "I think we can straighten that out through staff, and if that is the case, no license will be issued, otherwise you will receive a license." RESOLUTION OF APPRECIATION - TERI NAAB RESOLUTION #2804* It was moved by Councilmember Mettles, seconded by Councilmember Peterson, to adopt Resolution #2804 recognizing Teri Naab for her achievement of attaining the Minnesota Clerk's Certification. Motion, Ayes -5, Nays -0. Motion passed. TEMPORARY EMPLOYMENT - ORONO GOLF COURSE* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to employ Mr. Foerst Jostrom, 5325 Edsall Road, Mound, as a temporary counter helper, effective May 16, • 1990 at an hourly rate of $4.75. Motion, Ayes -5, Nays -0. Motion passed. • PUBLIC WORKS EMPLOYMENT - PART -TIME* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to employ Erik Bowman, 1535 Rainbow, Maple Plain, as a temporary park maintenance helper at a starting rate of $6.00 per hour effective May 30, 1990. It is further moved that after 30 days and upon a satisfactory performance review, Erik's salary be adjusted to $7.00 per hour. Motion, Ayes -5, Nays -0. Motion passed. FACILITIES CITIZEN REVIEW COMMITTEE Councilmember Callahan wished to be informed by staff as to the progress of the Citizens Review Committee. He stated that due to the length of this meeting, that staff need not provide that information at this time. Councilmember Goetten asked when the next meeting of the Citizens Review Committee will be held. Bernhardson replied that the meeting will be June 14, 1990. Council accepted the information presented, but took no formal action. - 23 - ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 WATER RESOURCE PROTECTION* • It was -moved by Councilmember Nettles, seconded by Councilmember Peterson, to table this item until June 11, 1990. I•lotion, Ayes -5, Nays -0. Motion passed. LOOP DRIVEWAY REQUEST - 220 WAKEFIELD ROAD* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the loop driveway for 220 Wakefield Road contingent upon acquiring a land alteration permit. Motion, Ayes -5, Nays'0. motion passed. ADMINISTRATOR'S INFORMATION With regard to 1972 Shadywood Road, Councilmember Goetten stated that she agreed with the neighbor's concern about cars blocking the road. It was moved by Councilmember Nettle Councilmember Peterson, to accept the City Information regarding: Stubbs Bay Sewer, Conference, 1972 Shadywood Road, Public Works Highway Safety Improvement, Annexation Update,, Street. Motion, Ayes -5, Nays -0, Motion passed. S, seconded by Administrator's Spring Managers Director Leave, and 1355 Arbor CITY ATTORNEY'S REPORT: City Attorney Barrett indicated that he had no report this evening. LICENSES* • It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the following license(s): Garbage & Refuse Coilectors: Baldy Sanitation, Inc. Blackowiak & Sons East Tonka Sanitation Westonka Sanitation Woodlake Sanitary Service Inc. Septic System Installers: Clover Hill Company Inc. McCarthy Water & Waste Motion, Ayes -5, Nays -0, Motion passed. BILLS* It was moved by Councilmember Nettles., seconded by Councilmember Peterson, to approve payment of the All Funds Account. Motion, Ayes -5, Nays -0, Motion passed. - 24 - • ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 • ADJOURNMENT 10:30 P.M. It was moved by Councilmember Mettles, seconded by Hayor Grabek, to adjourn the Regular Council. Meeting at 10:30 p.m. motion, Ayes -5, flays -0, Motion passed. • • - 25 - 1