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HomeMy WebLinkAbout07-09-1990 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 9, 1990 • ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten and Callahan. Councilmembers Peterson and Nettles were absent. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Engineer Cook, City Attorney Barrett, and City Recorder Scheffler. CONSENT AGENDA* It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to approve the Consent Agenda. Motion, Ayes -3, Nays -0, Motion passed. PHIL BRADLEY RECOGNITION Mayor Grabek presented Mr. Bradley with a certificate of recognition and appreciation for his efforts and time expended while serving as Chair of the Orono Park Commission. APPROVAL OF MINUTES* It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to approve the Minutes of the Regular Council Meeting held June 25, 1990. Motion, Ayes -3, Nays -0, Motion passed. . PUBLIC COMMENTS: There were no public comments. PLANNING COMMISSION COMMENTS: Planning Commission representative, Jeffrey Johnson, was not present. ZONING ADMINISTRATOR'S REPORT: 11458 BLARE BICHANICH 324 -332 WESTLAKE STREET REVISION$ TO VARIANCE RESOLUTION RESOLUTION #2823* It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to adopt Resolution #2823, approving the revised wording of Resolution #2763, adopted February 26, 1990. Motion, Ayes -3, Nays -0. Motion passed. #1465 GERALD T. MCCOURTNEY 1055 WEST FERNDALE ROAD VARIANCES RESOLUTION #2824 Mr. McCourtney was present. City Administrator Bernhardson provided a brief review of • - 1 - ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 ZONING FILE #1465 - MCCOURTNEY CONTINUED Mr. McCourtney's application. He noted that Mr. McCourtney has • further revised his proposal subsequent to staff preparing the information for this meeting. He said, "Mr. McCourtney would like to drop the looped driveway portion of this proposal and add 40 to 50 feet to the backup apron. This would allow adequate area for parking two vehicles. Mr. McCourtney is also proposing to restore the boulevard to grass, eliminating some of the hardcover in that area. Since the hardcover is not within the property lines, Mr. McCourtney will receive no credit for hardcover reduction in this area. Further, Mr. McCourtney wishes to revise the fence location so that it runs parallel with the driveway from the garage to the property line. Trees will be used for screening in front of the property. Staff has estimated that hardcover will be approximately 410, which is a reduction from 43% as originally proposed." Gaffron added, "Hardcover in the 0 -75' zone will be 2.6 %.and will be 41% in the 75 -250' zone. Mr. McCourtney had previously proposed to reduce slightly the area of sidewalk and backup apron. He is now asking to maintain the sidewalk area and is adding to the backup apron." Bernhardson stated that Mr. McCourtney had previously agreed to reduce the backup apron. Since that time he has realized that the backup apron is necessary to safely exit the property. Gaffron noted that the Planning Commission recommended that hardcover remain at 38 %. He said, "If Council agrees with that recommendation, it will be necessary for Mr. McCourtney to reduce the sidewalk and /or terrace areas." Councilmember Goetten asked how many square feet exist in the sidewalk area. Gaffron replied, "The sidewalks are 496 s.f., which is less than the 514 s.f. that previously existed. The terrace was at 640 s.f. and will be reduced to 590 s.f." Councilmember Callahan noted. that the backup apron seemed to function well at its present size. Bernhardson stated that the reason for increasing -the backup apron is to provide an area for off- street parking. Mayor Grabek believed that the 3% hardcover increase was justified by the increased safety that it would provide. Goetten advised Mr. McCourtney that should this application be approved this evening that he is to follow through with his plan as it has been presented. Goetten told Mr. McCourtney that she appreciated his efforts to work with the City and provide a - 2 - 40 ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 ZONING FILE #1465 - MCCOURTNEY CONTINUED • revised plan. A motion was made by Mayor.Grabek, seconded by Councilmember Goetten, to adopt Resolution #2824., approving 41% hardcover to exist, rather than 38.2% as recommended by Planning Commission, for the purpose of providing additional area to the backup apron, making a more safe access from the property. Motion, Ayes -2, Callahan, Nay. Motion passed. #1512 STEVEN RUCE 4625 WEST BRANCH ROAD AFTER -THE -FACT CONDITIONAL USE PERMIT RESOLUTION #2825 HOME OCCUPATION LICENSE Mr. Ruce was present. City Administrator Bernhardson reviewed briefly the information being presented this evening (see Jeanne Mabusth's memo dated July 2, 1990). Mayor Grabek asked Mr. Ruce to explain what it is that he does. Mr. Ruce explained that he is a garden designer and that his business includes planting and maintaining gardens. • Councilmember Callahan asked Mr. Ruce how his business varies from Otten Brothers or Butterfields. 0 Mr. Ruce explained that his business does not require the use of heavy equipment and only pertains to gardens. He said that Ottens and Butterfields do landscape construction which requires the hauling of dirt, railroad ties, etc. Mr. Ruce said that his work begins once the landscaping on a property has been completed. Zoning Administrator Mabusth noted that gardens are classified as an accessory use in the Residential District. Callahan asked Mr. Ruce why he did not obtain a Conditional Use Permit for this greenhouse addition. He noted that Mr. Puce had been required to obtain a Conditional Use Permit in 1985 for a greenhouse constructed at that time. Mr. Ruce explained that the greenhouses are used for the storage of plants in the spring. He said that neither of the greenhouses are heated or cooled. Mr. Ruce stated that the greenhouse in question is quite small, 7' x 10'9 and that he did not think it would require a Conditional Use Permit. Goetten asked whether there has been any concerns expressed - 3 - i ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 ZONING FILE #1512 -RUCE CONTINUED by Mr. Ruce's neighbors. • Mabusth replied, "All of the neighbors are very much in support of Mr. Ruce's business. We included the neighbors' comments in the Resolution presented this evening." Callahan compared this Home Occupation to one reviewed last year by Council regarding a frozen food business. Goetten noted that the City had received complaints from the neighbors regarding the frozen food business. Mabusth added that Mr. Ruce is located in a less populated area than the frozen food business. Mayor Grabek asked Mr. Ruce how many trucks he has involved with the business. Mr. Ruce replied, "I have five light pick -up trucks. Three or four are stored inside the garage and one is left outside. My personal truck may be stored outside as well." Mayor Grabek asked Mr. Ruce whether he was satisfied with the level of business that he has currently. Mr. Ruce replied, "I would lose the quality of my work if I • expand beyond the level I have now, which is three full -time employees. It is possible that I may hire a part -time employee next year, but I do not expect to expand beyond my present situation." Mayor Grabek expressed concern regarding a possible problem with setting a precedent. He added however, that the property does not have neighbors in close proximity and is on a major thoroughfare. Mayor Grabek believed that Mr. Ruce's request is reasonable, but wished to establish some limits if it is approved. Mabusth stated that the annual Home Occupation license process will provide the City with a method of limiting and monitoring the business. Goetten believed that the Home Occupation license would give the City the ability to limit the expansion of this business. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2825, approving the after -the- fact Conditional Use Permit /Variance and Home Occupation License for Mr. Steven Ruce. Motion, Ayes -2, Callahan, Nay. Callahan indicated that he. was .opposed only to the Home Occupation aspect of this matter. - 4 - • ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 • #1527 LYNDON S. (BILL) STUBBS 2555 FOX STREET VARIANCE Mr. Stubbs was present. City Administrator Bernhardson reviewed the major issues involving Mr. Stubb's application for a lot area variance. Councilmember Goetten stated that she was surprised that the Planning Commission had_ recommended denial of this application. She said, "This is something that we have done in the past. It appears that staff has gone to great efforts to find suitable controls for the property. The only additional control I would suggest is that the architectural plans, when prepared, should be submitted to staff for approval. The wetlands severely limit the buildable area of the site and we want to proceed in a cautious manner if this is approved." Councilmember Callahan indicated that he concurred with the Planning Commission's recommendation for denial. Mabusth noted that there have been similar applications for lot area variances that were approved. Mabusth informed Council that conventional trench systems can be used on this property due to the excellent soil conditions that exist. • It was moved by Mayor Grabek, seconded by Councilmember Goetten, to conceptually approve the lot area variance for Bill Stubbs and direct staff to prepare an appropriate resolution. Goetten asked Grabek if he would consider amending his motion to include a condition that staff must review the architectural plans before final approval is given. Mayor Grabek amended his motion, Goetten seconded. notion. Ayes -2, Callahan, Nay. Motion passed. #1532 FULLERTON PROPERTIES, INC. 2225 SIXTH AVENUE NORTH PRELIMINARY SUBDIVISION RESOLUTION #2826 Mr. Joe Franks, Mark Gronberg, Tom Haislet and Jim Cox were present for the review of this application. Councilmember Callahan asked for clarification regarding the additional 7' of right -of -way that will be taken.by the City from Mr. Cox. Bernhardson explained, "The City is requesting an additional 7' of right -of -way along Willow Drive. The right -of -way will only be taken from what is now designated as 'Outlot A'. Should it become necessary for the City to upgrade Willow Drive to an M.S.A. street, the City would need the 7' of right -of -way. • However, should Hennepin County pursue its plans for County Road 5 - ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 ZONING FILE #1532- FULLERTON PROPERTIES CONTINUED 116, the additional right -of -way would come from the west side. It would not be necessary for the City to acquire the additional is 7' and would return it to him. We have Willow Drive scheduled for upgrade in 1995, unless Hennepin County puts the road back on their schedule." Callahan believed that entering into such an agreement with Per. Cox could set a negative precedent. Bernhardson said, "What makes this situation unique is the pending aspect of County Road 116 and the resulting realignment of the road to the west. That would not be likely to occur with other roads which would be upgraded using the present center line." Mayor Grabek said, "I believe that we are providing a courtesy to a gentleman who has had this particular property for some time. I believe that our City is still small enough to enable us to do that." It aaL moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2826, granting the Preliminary Subdivision for Fullerton Properties, including the special agreement with tor. Cox. Goetten asked whether Council wished to grant a blanket Conditional Use Permit for accessory structures on the four through lots that will be created in this subdivision. Callahan believed that property varied from site to • site and that individual applications would be more appropriate. Grabek and Goetten concurred. Mayor Grabek amended his motion to include that individual Conditional Use Permit applications be filed for accessory structures for the four through lots. Goetten seconded. Motion, Ayes -3, Nays -0. Motion passed. #1537 CALVIN PRESBYTERIAN CHURCH 177 GLENDALE DRIVE CONDITIONAL USE PERMIT RESOLUTION #2827 Ms. Joyce Anderson, a representative of Calvin Presbyterian Church, was present. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2827, granting the Conditional Use Permit for the construction of a storage /garage for Calvin Presbyterian Church. Motion, Ayes -3, Nays -0. Motion passed. #1538 LAUREN BORN 1432 SHORELINE DRIVE VARIANCES Mr. Born was present. City Administrator Bernhardson provided a brief review of - 6 - • ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 ZONING FILE #1538 -BORN CONTINUED • the information regarding this application. Mr. Born said, "I previously obtained a permit for this project and had the understanding that a deck was approved. I removed the concrete areas as I was required to do. Before I constructed the deck, I called the City regarding the increased hardcover that would result from the driveway. It was then that I was advised that the deck had not been approved." Mabusth provided pictures showing that all of the landscaping has been completed on the property. Councilmember Goetten believed that the stairs are necessary, but that she could not approve a deck. It was moved by Councilmember Goetten, seconded by Callahan, to approve the stairs and landing and the additional hardcover within the 75 -250 foot setback area resulting from the relocation of the driveway as required by Hennepin County. Motion, Ayes -3, Nays -0. Motion passed. #1539 DAVID FILKINS 3905 SHORELINE DRIVE VARIANCE RESOLUTION #2828 • Iir. Filkins was present for this matter. Bernhardson reviewed the information pertaining to this application (see Michael Gaffron's memo dated July 2, 1990). Gaffron noted that the Planning Commission had recommended approval of applicant's plan #1. Councilmember Goetten asked whether the Planning Commission had recommended that the concrete walkways be removed. Gaffron showed the areas of hardcover that are proposed.for removal. it was moved by Councilmember Goetten, seconded by Councilmember Callahan, to adopt Resolution #2828, granting the setback variances to relocate an existing garage. Motion, Ayes -3, Nays -0. Motion passed. #1540 RONALD & JULIE PRINEAS 1920 SHORELINE DRIVE VARIANCE RENEWAL RESOLUTION #2829* It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to adopt Resolution #2829, granting the renewal of variances granted. in Resolution n2650. Motion, • - 7 - ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 ZONING FILE #1540- PRINEAS CONTINUED Ayes -3, Nays -0. Motion passed. #1541 DR. ROBY & JANE THOMPSON 1520 TANGLEWOOD ROAD VARIANCE RESOLUTION #2830 Dr. Roby and Jane Thompson were present. City Administrator Bernhardson summarized the information presented regarding this application (see Michael Gaffron's memo dated July 2, 1990). It was moved by. Councilmember Callahan, seconded by Councilmember Goetten, to adopt Resolution #2830, granting a. rear setback variance to construct additions to the existing residence at 1520 Tanglewood Road. Motion; Ayes -3, Nays -0. Motion passed. #1543 RICHARD C. REED 1000 OLD LONG LAKE ROAD VARIANCE Mr. Reed was present. Bernhardson reviewed the information relating to Mr. Reed's application. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve the after - the -fact height variance for is entrance monuments at the Richard C. Reed residence. Callahan asked whether it would be appropriate for the City to pursue whatever is necessary to make Old Long Lake Road a public road. Mabusth stated that it is unknown how platting the road would affect the abutting property owners with torrens and registered land. Barrett stated that the City could condemn the property. Mayor Grabek asked how wide the road would have to be if it is a public road, Gerhardson replied that the road would have to be 66 feet wide. notion, Ayes -3, Nays -0. Motion passed. #1544 ROGER AND BECKY BERRY 1392 BALDUR PARK ROAD VARIANCE RENEWAL RESOLUTION #2831* It 'was moved by Councilmember Callahan, seconded by Councilmember Goetten, to adopt Resolution #2831, granting that the - variances approved in Resolution #2587 bq renewed. Motion, Ayes -3, Nays -0. Motion passed. #1546 SCOTT PROCHNOW 4075 HIGHWOOD ROAD VARIANCE RENEWAL RESOLUTION #2832* It was moved by Councilmember Callahan, seconded by - 8 - 40 ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 ZONING FILE #1546- PROCHNOW CONTINUED • Councilmember Goetten, to adopt Resolution 1#2832, granting that the variances approved in Resolution ;x1991 be renewed, Motion, Ayes -3, Nays -0. Motion passed. #1547 METROPOLITAN WASTE CONTROL COMMISSION INTERSECTIONS OF WEST FERNDALE ROAD & COUNTY ROAD 15 CONDITIONAL USE PERMIT RESOLUTION #2833 City Administrator Bernhardson reviewed the information pertaining to this application. He noted that the metering panel will be 3' long, 18 z" deep, and 51-21 in height, rather than the dimensions indicated in the information presented previously. Bernhardson stated that due to the location of the Nature Conservancy,- the station cannot be moved further back from the road. Councilmember, Goetten was concerned that having the station located so close to the road may create a safety hazard. Bernhardson asked Cook what distance will exist between the edge of the road and the structure. City Engineer Cook replied that there will be approximately 13 to 15 feet. Public Works Director Gerhardson noted that guardrails would is be placed on the west side of the road. it was moved by Mayor Grabek, seconded by Councilmember Callahan, to adopt Resolution #2833, granting a Conditional Use Permit for the Metropolitan Waste Control Commission to construct a meter station. Motion, Ayes -3, Nays -0. notion passed. #1548 JULIA JENSEN 2700 ETHEL AVENUE VARIANCE RESOLUTION #2834 Ms. Jensen was not present. Gaffron stated that he had talked with Ms. Jensen's contractor earlier today. He said that height is no longer an issue with this application. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to adopt Resolution 42834, granting the front and side setback variances to construct additions to an existing residence. Motion, Ayes -3, Nays -0. Motion passed. #1552 STEVEN AND RENEE FOSTER 1800 SHADYWOOD ROAD VARIANCE The applicants were not present. • - 9 - ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 ZONING FILE #1552- FOSTER CONTINUED Bernhardson reviewed the information pertaining to this • application (see Michael Gaffron's memo dated July 2, 1990). Mayor Grabek indicated that he would not vote in favor of this application. He asked City Attorney Barrett whether it would be appropriate to table the matter until the applicants are present. Gaffron noted that a resolution was not presented this evening and that the matter would be scheduled for the July 23rd Council Meeting. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to conceptually deny the request for hardcover and lakeshore setback variances and direct staff to present a denial resolution at the July 23rd Council Meeting. Motion, Ayes -3, 14ays -0. Motion passed. ADMINISTRATIVE APPEAL JOHN WOJCIR 3310 BAYSIDE ROAD ADDITIONS TO RESIDENCE Mr. and Mrs. Wojcik were present. City Administrator Bernhardson explained that the Wojciks wished to construct a bathroom addition onto their existing home. He said, "Their present septic system capacity is such that there is no room to expand should the system fail. Michael Gaffron has denied a building permit based on these septic considerations. This property is within the Stubbs Bay sewer study area. Staff will not have the Stubbs Bay sewer petition letters out for approximately two weeks. The Bichanich application, approved on the Consent Agenda this evening, involved a similar situation. Mr. Bichanich was permitted to proceed with additions to his residence with the condition that he sign a waiver of appeal. Should the Stubbs Bay sewer project not proceed, and the Wojcik's present system fail, they would have to rely on a permanent holding tank. Council may wish to accept the Wojciks' request and establish some conditions or delay any action until it is known whether the Stubbs Bay sewer project will proceed." Mr. Wojcik said, "My proposal will not increase usage of the existing.septic system. I will still have a three bedroom home, but it will have two bathrooms. The bathroom is being added for convenience because currently it is necessary to go. through a bedroom to access the, only bathroom. I am not adding any bedrooms." Mayor Grabek asked staff why the additional bathroom would pose a problem. - 10 - ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 ADMINISTRATIVE APPEAL- WOJCIR CONTINUED • Bernhardson stated that the concerns do not involve the present owner of the property, but rather future owners. He said, "Because of the additional bathroom, the house may now be more appropriate for a larger family to occupy." Mrs. Wojcik stated that the property had been occupied by larger families prior to her and her husband's purchase of it. Mr. Wojcik noted that the septic system had been inspected in 1988 and that the system is functioning. He further stated that there are two holding tanks on this particular system, which is not commonly found in his neighborhood. Mayor Grabek stated that there should be no problem with the Wojciks proceeding if it is determined that the sewer project will go ahead. Bernhardson recommended that if such is the case, that Council require the Wojciks to sign a waiver of appeal. Mayor Grabek asked Mr. Wojcik whether he would be willing to sign a. waiver of appeal. Mr. Wojcik replied, "I don't agree with the way that the sewer is being proposed. There are many small homes on small lots. The sewer line will be passing by land that is not yet • developed.. I believe that the City is fixing the problem for now, but creating another problem 15 to 20 years from now. I will not agree to sign a waiver of appeal." Councilmember Callahan did not believe that Mr. Wojcik should be asked to sign a waiver if he does not wish to do so. He suggested tabling the matter until it is known whether the sewer project will proceed. Mr. Wojcik preferred to have the Council make a decision this evening so that he could proceed with his plans. He said, "I bought the materials to do the project because I did not foresee any problem with obtaining a permit." Councilmember Goetten was receptive to Mr. Wojcik's point of view. She- said, "I must, however, respect the opinions of Michael Gaffron who is our authority on septic systems. I could not approve the Wojciks' request at this point without knowing whether the sewer project will proceed." Councilmember Callahan concurred with Goetten. Gaffron stated that it may be mid October before the City will know whether the project will proceed. . is - 11 - J ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 ADMINISTRATIVE APPEAL- WOJCIK CONTINUED Mr. Wojcik stated that his system could fail tomorrow • without the additional bathroom. Mayor Grabek stated that Mr. Wojcik could sell the house as is at any time to a larger family. He further stated that as long as the Wojciks do own the house, it should make no difference whether there are two bathrooms or one. Gaffron stated that the City's past policy has been to avoid creating potential problems wherever possible. He agreed with Mayor Grabek's view point. Mayor Grabek stated that he may be in favor of the Wojciks' request if they agree to sign a waiver. Councilmember Callahan said, "I am not in favor of asking the Wojciks to sign a waiver as a means to obtain an additional bathroom. We would be asking him to sign the waiver without knowing for certain what the assessment will be." Bernhardson stated that the waiver would be signed at a specific level. Callahan stated that it is also possible that the sewer project will never proceed. He said, "It seems to me that the question is whether or not the Council should overrule staff. • Staff does not believe that the house should be expanded." Gaffron stated that the Septic Code refers to specific criteria for expansion. He said, "The Code requires septic systems to be reviewed whenever there is an increase of the intensity of use to a residence by adding bedrooms, plumbing fixtures or other additions. In reviewing this system, we found it to be substandard, though it is functioning. There is no capability to replace or expand the system should it fail. Should the house be expanded and sold to a larger family, problems are likely to occur. Those problems are not as likely to occur if we maintain the size of the house as is." Mayor Grabek asked whether it would be possible to notify future owners of this property of the potential septic problem by filing something in the chain of title. Gaffron stated that a resolution could be used for that purpose, but that it does not guarantee that future property owners would be adequately informed. Mayor Grabek stated that it would be difficult for him to deny the Wojciks an additional bathroom based on what may happen in the future. - 12 - • r s ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 ADMINISTRATIVE APPEAL- WOJCIK CONTINUED • It was moved by Mayor Grabek to approve the building permit for an addition to the Wojcik residence, provided that proper notification to future owners is filed in the chain of title at the expense of Mr. and Mrs. Wojcik. The motion failed for lack of a second. Callahan asked Gaffron if there have been other cases where the City denied the expansion of a residence under these circumstances. Gaffron stated that a property on Orono Orchard Road had requested an additional bedroom. He said that approval was given only after it was determined that an alternate septic site existed. Mayor Grabek noted that Gaffron's example referred to bedrooms, not bathrooms. He agreed that if the Wojciks were adding bedrooms, there would be cause for concern. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to table this matter until the July 23rd Council Meeting. Motion, Ayes -2, Grabek, Nay. Motion carried. CITY ENGINEER'S REPORT: • HIGHWAY 12 SEWER /WATER COMPLETION -BID AWARD City Engineer Cook stated that there has been an adjustment in the price of this project. He said that Otten Brothers bid is $45,814.35. Cook said, "This amount is $16,000 more than the contract amount that was bid on the project for`these same items. We do have approximately $9,700.00 in retainage, but that still leaves a balance of $7,128.00 for which the bonding company will be responsible." Callahan asked Cook what the bonding company has indicated. Cook replied that the bonding company representative had been out of town until today. He said, "I talked with him today and he indicated that he needed time to review this. It is my recommendation that Council approve the work to be done by Otten Brothers. If there is any question, we could specify that we will not exceed the contract amount at this time. That will allow us to proceed with the restoration as requested by the proprty owners such as Mr. Wear and Otten Brothers." It was moved by Mayor Grabek, seconded by Councilmember Callahan, to allow Otten Brothers to proceed with the restoration work resulting from the Highway 12 Sewer and Water improvements. City Attorney Barrett asked Cook whether the legal representative for the bonding company has agreed to this. Cook stated that the bonding company has cooperated up to this point and that they • - 13 - ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 HIGHWAY 12 SEWER COMPLETION CONTINUED were notified of the contract termination. Barrett indicated • that it would be appropriate to actively pursue a response from the bonding company and inform them of the City's intention to enter into this contract with Otten Brothers. He said, "I would give them 24 hours to respond if they have any objection." Mayor Grabek directed staff to proceed as Barrett recommended. Motion, Ayes -3, Nays -0. Motion passed. PAY REQUEST #2 -WELL #3 It was moved by, Councilmember Callahan, seconded by Councilmember Goetten, to approve pay request #2 to Keys Well Drilling for an amount of $10,315.10. Motion, Ayes -3, Nays -0. Motion passed. MAYOR /COUNCIL REPORT: PARK COMMISSION CHAIR APPOINTMENT Mayor Grabek noted that there are two Councilmembers absent from this meeting. He also stated that the Park Commission has been without a Chairperson for sometime. Grabek said that he would be in favor of making a recommendation this evening if that is the consensus. Councilmember Goetten stated that she would like to see Chair and Vice -Chair positions be established as is done with the Planning Commission. She also suggested that it may be • appropriate for the Park Commission to have their own recorder to take care of the minutes. Mayor Grabek agreed that a Chair and Vice -Chair would be appropriate. He preferred to have Council appoint those positions rather than following a promotional ladder system. Councilmember Goetten said that the Council initially appointed the Planning Commission Chair and Vice - Chair. From that point the Planning Commission members have recommended who they wish to elect or re -elect for those positions. Callahan agreed with the aspect of appointing the Chair and Vice - Chair, but felt that the internal organization should be left.to the discretion of the Park Commission. It was moved by Mayor Grabek to appoint Dr. Alex Vongries as Park Commission Chair and Mr. Richard Flint as Vice - Chair. The motion failed for a lack of a second. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to appoint a Chair and Vice -Chair for the Park Commission and that Mr. Richard Flint be appointed as Chair and Dr. Vongries as Vice - Chair. Motion, Ayes -3, Nays -0. Motion passed. - 14 - • ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 • APPOINTMENTS PROCESS Bernhardson presented information regarding a potential Advisory Board selection process (see Mark Bernhardson's memo dated June 25, 1990). Mayor Grabek indicated that though he did not completely oppose the information presented, he preferred to continue with the present method of appointing persons to the various commission positions. Councilmember Goetten did not believe that the information presented constituted a rigid process, but rather served as a guideline. She said, "I believe that there were some real problems with the Park Commission appointment process. I would like to see those problems avoided in the future." Goetten stated that she would like to see paragraph #6 include a statement that thank you letters be sent in a timely manner. Mayor Grabek indicated that paragraph #6 should not be necessary at all.. He said. "We should not have to put in writing that the City will send out thank you letters. We do that automaticaily." Councilmember Callahan indicated that he was not entirely opposed to the information presented, but believed that it should be considered by the full Council. He suggested that paragraph • #4 be revised to state that interviews may be held. Callahan stated that very often a candidate - is re- applying for his position and that an interview would not be necessary. • Mayor Grabek believed that the guidelines still allow for flexibility, which is the way the process is presently. Goetten stated that the purpose of the guidelines is to provide a fair process. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to table this matter until the July 23rd Council Meeting. Motion, Ayes -3, Nays -0. Motion passed. HIGHWAY 12 CITIZENS TASK FORCE INTERVIEVIS City Administrator Bernhardson reported that 17 applications have been received for the two Citizens Task Force Committee positions. He recommended that a questionnaire be sent to the 17 persons for the purpose of further screening and. reducing the number of applicants to approximately 5. Councilmember Goetten asked when the Citizens Task Force must be ready to work. Bernhardson stated that there has been no definite date set. - 15 - ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 HIGHWAY 12 CITIZENS TASK FORCE CONTINUED It was moved by Councilmember Callahan, seconded by Mayor • Grabek, to direct staff to send out a questionnaire to the 17 applicants. Callahan asked that staff provide Council with any other information they have regarding the applicants. Motion, Ayes -3, Nays -0. Motion passed. CITY ADMINISTRATOR'S REPORT: 1989 FINANCIAL REPORT Bernhardson presented the State Reporting Form and Summary for Financial Reporting Publication. He asked Council whether they had any questions concerning the 1989 Financial Report. He also asked Council to adopt the Summary for Financial Reporting. Mayor Grabek asked Council whether they would like to have the Auditor present at a future meeting. Councilmember Callahan stated that he would like more time to review the Financial Report. It as moved by Mayor Grabek, seconded by Councilmember Goetten, to table any discussion regarding the Financial Report until July 23rd. Motion, Ayes -3r Nays -0. Motion passed. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to adopt the Summary for Publication. Motion, Ayes -3, . Nays -0. Motion passed. 1989 POLICE ANNUAL REPORT The Council accepted the 1989 Police Annual Report and took no formal action. PARKING SIGNAGE - STUBBS BAY ROAD RESOLUTION $2835 Bernhardson stated that in reviewing the additional use of Bederwood Park for Little League, it was brought to the City's attention that parking is creating a safety hazard. He said that people are continuing to park at an angle and that is causing problems. Bernhardson further noted that parking is occurring along the road while spaces remain open in the parking lot. He said that staff would like to post "No Parking" on a temporary basis along the west side. This would allow parallel parking to occur on the east side for overflow purposes, and encourage the use of the parking lot. Bernhardson said that -the City would monitor the parking lot to see if expansion is required. Councilmember Goetten stated that she has been concerned about the parking on Stubbs Bay Road for some time and hoped that the City would take immediate action to minimize safety hazards. It was moved.by Mayor Grabek, seconded by Councilmember - 16 - • r ` ' 1 ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990- • STUBBS BAY ROAD PARKING SIGNAGE CONTINUED Callahan. to adopt Resolution #2835, restricting parking on the west side of Stubbs Bay Road adjacent to Bederwood Park. Motion, Ayes -3, Nays -0. Motion passed. FACILITY CITIZEN'S REVIEW COMMITTEE* It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to accept- the information on the Facilities Citizens Review Committee. Motion, Ayes -3, Nays -0. Motion passed. HIGHWAY 12 CORRIDOR* It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to accept the information from staff regarding the Highway 12 Corridor and the transportation consultant. Motion, Ayes -3, Mays -0. Motion passed. STUBBS BAY SEWER* It was moved by Councilmember Callahan, seconded by Councilmember Goetten_F to accept the information presented by staff regarding the letter to the residents. Potion, Ayes -3, Nays -0, Motion passed. CDBG JOINT COOPERATION AGREEMENT RESOLUTION #2836* It was moved by Councilmember Callahan, seconded by • Councilmember Goetten,, to approve the Joint Cooperation Agreement between Hennepin County and the City of Orono, and to authorize the Mayor and City Administrator to sign the agreement. Motion, Ayes -3, Nays -0. Motion passed. PUBLIC WORKS REPLACEMENT* It was moved by Councilmember Callahan, seconded by Councilmember Goetten. to approve accepting applications only for maintenance worker position in the Public Works Department. Motion, Ayes -3, Nays -0. Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to accept the City Administrator's Information regarding: Lift Station #10 and #43, Big Island Tour, 1972 Shad.ywood Road, Historical Plaques, Recycled Paper, Goal Setting Status, Receipts and Disbursements -May, and Wire Transfers. Motion, Ayes -3, Nays -0, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett requested that Council hold an Executive Session for the purpose of discussing pending litigation. 0 - 17 - ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 LICENSES* It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to approve the following license(s): Special Event: Corn Days Four Mile Foot Race August 12, 1990 11:30 a.m. to 1:00 p.m. Solicitor: Greenpeace Action Door -to -Door Solicitation- Contributions Residential Kennel: Rodney A. Crawford 4705 North Shore Drive Motion, Ayes -3, Nays -0, Motion passed. BILLS* It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to approve payment of the All Funds Account. Motion, Ayes -3, Nay -0, Motion passed. EXECUTIVE SESSION 9:09 P.M. As requested by City Attorney Barrett, the City Council held a brief Executive Session to discuss pending litigation. ADJOURNMENT 9:23 P.M. It was moved by Councilmember Callahan, seconded by Mayor Grabek. to adjourn the Regular Council Meeting at 9:23 p.m. Motion, Ayes -3, Nays -0, Motion passed. y.. Jame Grabek, ayor s L • 0 •