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HomeMy WebLinkAbout08-27-1990 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 27, 1990 • ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor James Grabek, Councilmembers Allan Nettles, Barbara Peterson and Edward Callahan. Councilmember Goetten was absent. The following represented the City staff: Acting City Administrator Gerhardson, Building & Zoning Administrator Mabusth, City Engineer Cook, City Attorney Barrett, and City Recorder Scheffler. CONSENT AGENDA* Nettles asked that item #26 be removed from the Consent Agenda. Peterson asked to have item #31 removed from the Consent Agenda. It was moved by Nettles, seconded by Callahan, to approve the Consent Agenda, with the exception of items #26 and ##31, which were removed and discussed in the order appearing on the Agenda. Motion, Ayes -4, Nays -0, Motion passed. APPROVAL OF MINUTES* It was moved by Nettles, seconded by Callahan, to approve the Minutes of the Regular Council Meeting held August 13, 1990. Motion,, Ayes -4.. Nays -0. Motion passed. • LAKE 11INNETONKA CONSERVATION DISTRICT REPORT: LMCD COMPREHENSIVE PLAN REVISION /1991 LMCD BUDGET LMCD Representative. JoEllen Hurr was present, as was tir. Gene Strommen, Executive Director. Hurr said, "After discussions with the City Administrator. we felt it would be best to allow Council additional time to review the Comprehensive Plan. [de would discuss the plan at the September 10, 1990 Council Meeting." tiayor Grabek asked whether the plan presented was revised in accordance to the comments presented by Orono and other cities. Hurr replied, "That is correct, but I have not yet had an opportunity to review it. I do have a copy of Mr. Arndorfer's specific responses to our comments." Mayor Grabek asked Committee is seriously Orono. Hurr replied, "They • With regard to the Hurr whether she believes the Advisory considering the comments presented by are listening to a certain degree." 1991 LMCD budget concerns of the City, - 1 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 LMCD REPORT CONTINUED Hurr said, "The administrative technician that we have hired will • relieve some of the need for the Milfoil consultant for the next year. The Milfoil project is decided year by year. This person would. alleviate the need to hire a specific consultant to deal with Milfoil." Nettles asked whether the LMCD is making any progress in eradicating the Milfoil weed from Lake Minnetonka. Hurr replied, "We are just keeping up." Mayor Grabek said, "Norm Paurus was quoted as saying that one -third of the Lake's recreational surface has been affected by Eurasian Plilfoil. That is a large area." Mr. Strommen responded, "It all depends on how you look at it. We have approximately 5,500 acres of area that is .15' of water depth or less where the weed grows. Roughly 3,500 (600) of those acres are fairly well infested with Milfoil. Probably one -half of that area is heavily matted to the point where a boat could not go through. That is where we are concentrating our harvesting efforts and where our 1,500 acre permit is applied. We are not harvesting all of the heavily matted areas (such as Smith's Bay) because the benefit of clearing the -weed is not equal to the cost. We are trying to keep the navigational channels open to the docks that are in an area such as Smith Bay • to enable boaters to move in and out. There is still a lot of lake area that can be used and enjoyed." Callahan asked Mr. Strommen how the harvesting machines have been performing. Mr. Stronunen replied, "Ile discovered in the last three weeks that there is a design problem with the hydraulic system. A local hydraulics firm helped us identify the problem and it has been solved. We are still not satisfied with the amount of power we are getting. The machines are running at five miles per hour and we were hoping for seven or eight miles per hour. The machines are new and sophisticated and we have had our share of learning experiences and wear and tear. The manufacturer is working with us to solve and improve on the components that are not holding up. We are in the process of completing a warranty resolution that will reimburse us for approximately $10,000.00 for labor and materials that have been used to keep the machines functioning." Hurr noted that the LMCD intends to continue cutting the weed until the first week in September. mayor Grabek asked if it was not beneficial to cut in September and October. - 2 - • ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 • LMCD REPORT CONTINUED Hurr replied, "Our funds are limited and we would prefer to save them until June and July when people are boating." Strommen added, "The weeds die back in the winter and though it would reduce the amount of nutrients in the water by harvesting, our efforts would reap minimal benefits for the cost." Mr. Strommen asked whether Council wished to discuss the budget at the September 10th meeting. Callahan replied, "I believe there is some correlation between the Plan and the budget. I would like the opportunity to review the Plan before making any comments on the budget." Mr. Strommen said, "With regard to your concern about the role of the administrative technician, I can assure you that the position will have nothing to do with the Shoreland Regulations, at least in the near term. That person was brought in to help us enforce and better handle multiple dock licenses. That position has taken over two part -time positions. We incorporated savings into that position and picked up about half of the cost as new expenses toward the position. We have now been able to spend time with marina owners personally, rather than sending letters. • We hope this will generate a greater degree of cooperation and less time in court." Callahan said, "I'm sure that none of us here are objecting to the LMCD Plan based on thoughts that the individual Board members are not giving their all." NORTH TONRA CRIME PREVE14TION COALITION Mayor Grabek introduced Ms. Gretchen Menzel, President of the Nort'-i Tonka Crime Prevention Coalition and asked her to present her report. Ms. Menzel said, "The North Tonka Crime Prevention Coalition was started in 1983. It was temporarily phased .out, but has begun operating again this year. We cover the areas of Minnetonka Beach, Spring Park, Orono and Long Lake. The Coalition has a Board of Directors. Anyone that is interested in establishing a neighborhood crime watch is encouraged to contact US. Members of the Coalition will assist you. The Coalition not only works with residential areas, but also helps business owners." Mayor Grabek asked Ms. Menzel how many years she has participated in this program. Ms. Menzel replied, "I started a crime watch in my • neighborhood in 1986." - 3 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 27s 1990 NORTH TONRA CRIME PREVENTION COALITION CONTINUED • Mayor Grabek said. "The crime watch program is very successful in decreasing crime. This is another example of how volunteers help make our community a better place to live. It not only reduces crime, but also helps to keep taxes down. The Coalition helps create a safe environment without the need for extra police protection. We appreciate the Coalition's efforts." Peterson advised that the Lake Minnetonka Cable Comrilission had taped a crime prevention meeting. Mayor Grabek asked Ms. Menzel if she was aware of the date the program would be shown. R;s. Menzel stated that she did not know at this time as the program -ryas just taped and would require some editing. PUBLIC COMMENTS: There were no public comments. ZONING ADMINISTRATOR'S REPORT: #1476 DAVID PRASS 1065 LINDEN LANE VARIANCE Mr. and Plrs. Prass were present. Acting City Administrator Gerhardson provided Council with a • brief summary of the past and current proposals pertaining to the pool on the Prass property (see Jeanne Plabusth's memo dated August 23, 1990). Mr. Prass said, "It .seemed that a key element of this matter was establishing a specific date for constructing a principal structure. We would like to propose that a building be constructed in 1992. Building plans would be submitted in 1991. In addition to leaving the fence around the pool as is, we would add a commercial pool cover." Mayor Grabek asked Mr. Prass to describe the pool cover he intends to use. Mr. Prass provided a copy of an article pertaining to the pool cover. Nettles asked how the cover is anchored to the deck. Mr. Prass replied, "There are several spring tension locking devices that must be opened with a key." Callahan noted that Council had previously required that the pool cover be satisfactory to City staff. He asked whether staff • 4 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 •ZONING FILE #1476 -PRASS CONTINUED approved of the cover proposed. blabusth replied, "Staff has not had an opportunity to review the information relating to the cover.." Mayor Grabek said, "I want to provide staff with the opportunity to thoroughly review the pool cover proposed. If staff determines that the cover is not safe, then the pool will either have to be filled or covered as staff first suggested." Nettles asked how long it would take for the pool to be covered once approval is given. Mrs. Prass replied, "The pool cover has to be custom made. It is my understanding that it will take 30 days to arrive from the date it is ordered." Callahan suggested that staff review the pool cover, taking into consideration the change in temperature and the ability for it to be cut or torn. Mayor Grabek added. "The review should include whether the cover will function properly for two years." It was moved by Mayor Grabek, seconded by Nettles, to table • this application until September .10. 1990, to allow staff the opportunity to review the cover proposed. Further, the deadline for covering the pool will be extended to a date determined by staff to be appropriate. Motion, Ayes -4. Nays -0. Plotion passed. #1497 TOBERMAN MANAGEMENT 1960 SHORELINE DRIVE REFER TO PLANNING COMMISSION FOR FURTHER REVIEW 'Mr. Toberman and his attorney, Jim Gilbert, were present. Mr. Gilbert asked Council to reconsider the action taken April 9, 1990. He said, "The corporation that owns 'these properties is in bankruptcy. We have a hearing next week in bankruptcy court. The 'vendor of the Contract for Deed is moving to lift the State's foreclosure on the main marina property. They have a buyer for the marina property and 1960 Shoreline Drive (transmission shop). The transmission shop is an integral part of the new buyer's plans for the marina. He wants to conduct nautical sales and marina business from that facility. One of the conditions that has been mentioned is the City's position on the property. We think the property should be zoned for commercial use. The Council ruled that there has been a lapse of use and that the property should now be residential. I don't believe that is fair or realistic. I don't think the facts support that kind of use. The property has been used • commercially sin=e 1963 and is taxed as commercial property. To 5 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 ZONING FILE #1497 - TOBERMAN CONTINUED • say that the property must be residential renders it useless. The City has some options in that regard and could opt to condemn it. The Planning Commission voted unanimously to have the use granted in 1987 continue. I researched the history on the property to try to determine why this matter was before the City. The 1987 Conditional Use Permit was still in effect as far as we were concerned. My client informed me that the City staff advised him that the permit needed to be renewed. The allegations are that there has been a lapse in use for one continuous year. That means that for 365 days there was no use of this property for marina- related purposes, boat or nautical sales. There are no facts in the record to support those allegations. The facts will support that there is a decreased use which was due to the low lake level. There was nominal use of the property. Ply client has had a phone and phone number for that site since he has owned the property. He has conducted his marina business from the property and has held meetings there. tir. Toberman has improved the property and did remove the gas tanks and gas lines. I am asking the Council to reverse its previous decision and grant my client continued use of the property for marina - related purposes." Mayor Grabek asked Mr. Gilbert who the party is that wishes • to purchase the marina property. Mr. Gilbert replied, "Morrie Wagner made a very substantial offer, over $1,500,000.00. The lake levels are up and he is willing to take a chance with the property. However, he does want 1960 Shoreline Drive included in the deal." Nettles asked how Mr. Wagner intends to use the transmission shop. Mr. Gilbert replied, "He would use it for marina - related business. He would conduct sales from the premises. He would have staff there and would sell boats and nautical equipment." Nettles said, "I am interested in the representations that the property has been used. I live close to that property and have talked with neighbors that would not share that opinion. I know that there has been no activity there until the City took action this past spring. I would like Mr. Toberman to tell us when the meetings took place.., who attended and what business was being conducted." Air. Gilbert replied, "Mr. Toberman is prepared -to do that, but I do not believe that is a standard we have to meet. We do • 6 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 • ZONING FILE 11497- TOBERMAN CONTINUED not need to show a continuous use. There has to be a lapse of use for one year. If there was one or five days of commercial use during that one year, there is no lapse." Mr. Dan Crear. 1900 Spates Avenue, said, "I had called the City Administrator to find out if there had been new developments regarding this property. There are jet skis on the property, cars have been coming and going,. and there have been people in the building. Up to that point, I have not seen the property used at all. If you look back in the records you will see that when the use changed from the transmission shop to the sail boat sales, the Council never granted a Conditional Use Permit. The matter was tabled, pending a decision as to what use the building would have. If Mr. Toberman has been operating a business from that property. as his lawyer has indicated, then he is in violation of the City codes. The place is not being used for storage at this point. There have been people in the building on Saturdays and Sundays and I am sure they are running a jet ski business." Nettles asked Mr. Crear whether he has seen business activities carried on in the building at any time during the past 2' years. • .Mr. Crear replied, "The activity has just begun recently. when dock slips were being leased, that was done from the garage across the street. There were paint and supplies kept in the transmission shop, but the leasing phone operation was done in the garage. I believe that was because they had no approval to operate the business from the transmission shop." Mayor Grabek asked staff if Mr. Toberman was given permission to operate his marina business from the transmission shop. Mabusth replied- "Mr. Toberman was never given any authority to operate any business connected with the marina J.n the transmission shop. That was to be strictly boat sales. The use was to be separate from the marina. We have never given the owner the idea that we would. approve such a use. The City did not want a connection between the two properties..; and historically there never has been." Mr., Art. Tourangeau, 2060 Spates Avenue, stated that he agreed with most of the things Mr. Crear and Councilmember Nettles had said. He said, "I can see that property from my kitchen window. Up until the City denied the Conditional Use Permit,, there was no activity in that building. Since that time, jet skis have been moved in. Business was always conducted across the street. That transmission shop property has always been separate from the marina." . - 7 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 ZONING FILE #1497- TOBERMAN CONTINUED • Nettles said, "I went to the transmission shop property one evening and talked with two young men that indicated they are running a jet ski business from that location on weekends." Mayor Grabek asked fir. Toberman if that indeed is true. Mr. Toberman replied, "They are not dealing with jet skis, they are wave runners. There is a difference." Mayor Grabek asked Barrett whether it is legal for Mr. Toberman to be operating such a business from the transmission shop. Barrett replied, "It would seem to me that in order to operate such a business, it would be necessary for Mr. Toberman to have a Conditional Use Permit." Mayor Grabek asked Mr. Toberman if he misunderstood the City's requirement for a Conditional Use Permit. Mr. Toberman replied, "We were under the impression that we could use the property for boat sales. I don't consider the jet ski a boat, but wave runners are classified as boats by the State and the LMCD. Up until a month or so ago, the lake level was only two feet. We could not put boats in there." Mayor Grabek asked whether the City has provided Mr. • Toberman with written information regarding the use of the property. P1a.busth stated that the City provided Mr. Toberman with an explanation of the action taken by Council in April, 1930. Callahan recollected that discussions had occurred at previous Council meetings regarding the permitted use of the property." Mayor Grabek asked Mr. Gilbert if he is aware of the terms of the 1987 Conditional Use Permit and whether the property is being correctly utilized in that regard. Mr. Gilbert indicated that he is aware of the 19137 Conditional Use Permit. He added, "I don't believe that the wave runner business is taking place in the transmission shop. They may be storing the units there, but the business is transacted across the street." Nettles said. "I believe the units are stored in the transmission shop. If there is a renter for one of the units, it is carried across the street and launched on the ramp. I do not know where the rental transaction occurs." • -8- ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 • ZONING FILE #1497- TOBERMAN CONTINUED Mayor Grabek asked fir. Gilbert if in his opinion; the 1987 Conditional Use Permit gives fir. Toberman the legal right to use the property as he is currently doing. Mr. Gilbert replied, ';I believe that it does." Callahan said, "In 1987 the Conditional Use Permit was granted. allowing Mr. Toberman to use the property specifically for the purpose of selling sail boats. That use has lapsed." Mr. Gilbert said, "The use was not limited to sail boats." Mabusth stated that she would review the 1987 Conditional Use Permit to determine the specific use approved. Mayor Grabek stated that Council is being asked to reconsider their decision to allow the Conditional Use to continue. Mettles read a portion of Mr. Toberman's letter to the City. The letter stated that following the withdrawal of the offer by Sailor's World to purchase the property, it sat empty because fir. Toberman was not in the retail boat sales business. Mettles said, "That supports my. observations and the points made by Mr. Crear and Mr. Tourangeau. This has been a discontinued • Conditional Use. It seems to me that we -gave Mr. Toberman an extended period of time beyond the one year lapse period. T_ don't agree that the property has been used. I am opposed to reconsideration." 0 Callahan stated that it is not necessary for the two pieces of property to be owned by the same party. He noted that in the past, there were separate owners of the property until fir. Toberman asked to purchase the transmission shop. Peterson stated that she concurred with the comments of Callahan and Nettles. She said, - "We denied the continuation in April and I have not changed my position." Mr. Gilbert stated that denial of the Conditional Use of this property will force the City into condemnation. Viayo.r Grabek asked Barrett what ramifications, if any, may result from the denial of the Conditional Use. Barrett replied, "The issue of condemnation is one the Courts reach last. The property does have a residential zoning characterization. It may be that residential use of the property will require variances, but there is nothing to state that the property must be condemned if that use is to continue." ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 ZONING FILE #1497- TOBERMAN CONTINUED • It was moved by Nettles, seconded by Peterson, to deny Mr. Toberman's request to have Council reconsider its denial of the continuation of the Conditional Use. tiotion. Ayes -4, Nays -0. Motion passed. #1509 EARL FREEMAN 4505 WATERTOWN ROAD VARIANCE* It was moved by Nettles, seconded by Callahan, to accept the information presented in Jeanne.Mabusth's letter to Mr. Freeman dated August 22, 1990. notion, Ayes -4, Nays -0. t- lotion passed. #1554 TIN GRA14ENTZ 4680 NORTH ARY, DRIVE VARIANCE RESOLUTION #2857 Mr. George Jones was present on behalf of the applicant. Gerhardson summarized the request by Mr. Gramentz, noting that the Planning Commission had recommended approval. It was moved by Nettles, seconded by Mayor Grabek, to adopt Resolution #2857_, granting a side setback variance to construct a second story over an existing garage at 4680 North Arin Drive. Motion, Ayes -4, Nays -0. Motion passed. #1556 GERALD NELSON 1629 BOHNS POINT ROAD VARIANCE Mr. Nelson was present. Gerhardson stated . that Mr. Nelson was requesting re- consideration. He reviewed the previous action taken by Council on this application. Gerhardson noted that fir. Nelson has revised his proposal. Mr. Nelson said, "I should have agreed to remove whatever hardcover percentage was necessary to have no net increase. It is possible to remove hardcover from the driveway." Mabusth confirmed that it is possible for a portion of the driveway to be removed. Mr. Nelson said, "In addition, we have decided we would prefer to have the closet, rather than the landscaping on the north side of the house. There is porous fiber under the plantings that we would be willing to remove." Callahan said, "I have spoken with Mr. Nelson since the last Council Meeting. In light of Mr. Nelson's proposal to remove hardcover, and his further explanation to me regarding the need - 10 - 0 ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 • ZONING FILE #1556- GERALD NELSON CONTINUED for the closet, I am in favor of reconsidering this matter." It was moved by Callahan, seconded by Nettles, to reconsider the previous action taken on this application. Peterson stated that she concurred with Callahan's reasons for re- considering. Motion, Ayes -4, Nays -0. Motion passed. It was moved by Callahan, seconded by Peterson, to conceptually approve Mr. Nelson's request for a hardcover variance to construct a closet. Motion, Ayes -4, Nays -0. Motion passed. #1559 JOHN AND ROBERTA HENRICH 4125 HIGHWOOD ROAD VARIANCE RESOLUTION #2858 Mr. and Mrs. Henrich were present. Acting City Administrator Gerhardson provided a brief summary of the Henrich's application, noting that the Planning Commission had recommended approval. It was moved by Mayor Grabek, seconded by Peterson, to adopt Resolution #2858. granting hardcover and average setback variances to construct additions to the property at 4125 Highwood. • Road. Nettles asked if the garage will be the same height as the house due to revising the pitch of the garage roof. Mabusth stated that is correct. Motion, Ayes -4, Nays -0. Motion passed. #1571 GRIMES /HOFFMAN 4720/4730 NORTH ARM DRIVE WEST EASEMENT VACATION RESOLUTION #2859 Ms. JoAnn Grimes was present. Gerhardson stated that the vacation application includes the establishment of new drainage and utility easements over the new lot line. He also stated that .the Planning Commission had recommended approval. It was moved by Callahan, seconded by Nettles, to adopt Resolution #2859, vacating unused portions of drainage and utility easements within the Plat of McHaney Addition. Motion, Ayes -4, Nays -0. Motion passed. #1574 JIM AND SUSAN RONALD 2565 DUNWOODY AVENUE VARIANCE RESOLUTION #2860 Mr. and Mrs. Ronald were present. • - 11 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 ZONING FILE #1574- RONALD CONTINUED • Gerhardson provided a brief summary of the Ronald's application and noted that the Planning Commission had recommended approval. Callahan asked the applicants when they intend to construct the pool. Mrs. Ronald replied, "Either this fall or next spring." It was moved by Mayor Grabek, seconded by Peterson, to adopt Resolution #2860, granting hardcover and setback variances to construct room additions and a pool. Motion, Ayes -4, Nays -0. Motion passed. #1576 JOHN AND KIT WOJCIK 3310 BAYSIDE ROAD VARIANCE RESOLUTION #2861 Mr. and Mrs. Wojcik were present. Gerhardson stated that the Planning Commission had recommended approval of the side setback variance requested by the Wojciks to construct additions to their home. It was moved by Callahan, seconded by Peterson, to adopt • Resolution #2861, granting the side setback variance to construct additions to an existing residence and advising future owners of this property of a potential need for a holding tank. Motion, Ayes -4, Nays -0. Motion passed. #1582 CAROL BURGESS 2800 PHEASANT ROAD VARIANCE RESOLUTION #2862 Ms. Burgess was present. Acting City Administrator Gerhardson reviewed Ms. Burgess's application, noting that the Planning Commission recommended approval. It was moved by Peterson, seconded by Callahan, to adopt Resolution #2862, granting hardcover and average setback variance to construct deck and porch additions to the existing residence at 2800 Pheasant Road. Motion. Ayes -4, Nays -0. Motion passed. #1568 JAMES PIERPONT 1801 WEST FARM ROAD CONDITIONAL USE PERMIT City Attorney Barrett presented Council with information pertaining to the last portion of the negotiations between the Pierponts and the City. Barrett asked for the opportunity to is - 12 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 • ZONING FILE #1568 - PIERPONT CONTINUED discuss the recent developments. He said, "At their last meeting, Council approved the Conditional Use Permit, separation setback, street and side yard setback variances. The question raised pertained to the septic system located on the lot adjacent which Mr. Pierpont is purchasing on a Contract for Deed. The ordinances revealed that under these circumstances, there could be no further development on Lot 15. Mr. Pierpont discussed the situation with the various sellers and mortgagor of his property and the holder of the Contract for Deed. They agreed on negotiations to allow combination. All I am proposing, as shown on page three of six of the Resolution, is that you add paragraph two requiring a legal. combination of the lots by February 28, 1991, or all use of the property has to be abandoned." Mr. Pierpont reviewed the paragraph to which Barrett referred and stated that he had no objections. It was moved by Callahan, seconded by Peterson, to amend Resolution #2854 by adding paragraph two as presented by the City Attorney. Motion, Ayes -4, Nays -0. Motion passed. CITY ENGINEER'S REPORT: PAYMENT REQUEST #1- HIGHWAY 12 RESTORATION* It was moved by Nettles, seconded by Callahan, to approve • pay request #1 to Otten Bros. in the amount of $14,684.80 for work completed to date for the Highway 12 Sewer and Water project. Motion, Ayes -4, Nays -0. Motion passed. PAYMENT REQUEST #1 -LIFT STATION #43 City Engineer Cook asked Council to approve pay request #1 for the work done to Lift Stations #10 and #43. Gerhardson confirmed that the work has been completed. It was moved by Mayor Grabek, seconded by Nettles, to approve pay request #1 to LaTour Construction Company in the amount of $61,241.78 for work completed to date on Lift Stations #10 and #43 bypass project. Motion, Ayes -4, Nays -0. Motion passed. MAYOR /COUNCIL REPORT: HIGHWAY 12 CITIZEN GROUP INTERVIEWS Mayor Grabek stated that the Citizens Committee is scheduled to meet on September 13 1990. He asked Council whether they wished to proceed with the appointments this evening or table until the September 10 Council Meeting. Grabek stated that he would prefer to give the new committee members ample time to prepare for the September 13 meeting. He asked George Johnson to introduce himself. • 13 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 HIGHWAY 12 CITIZEN GROUP INTERVIEWS CONTINUED • Mr. Johnson stated that he would prefer to have Council ask questions of him. Nettles asked Mr. Johnson for his ideas on the placement of Highway 12. Mr. Johnson replied, "I have an open mind about the location of Highway 12. The longer we wait., the more difficult it will be to find a suitable location as development continues in this area. I do know that I want the safest possible road and would prefer to see a freeway rather than expressway." Mayor Grabek asked Mr. Johnson to explain the difference. Mr. Johnson replied, "A freeway has entrance /exits every 1/2 mile. An expressway could have entrance /exists every 1/4 mile. The new 394 is a freeway. I have talked to the people further west of Orono. There is a lot of push for this project. We need to organize politically to get our funds. The first objective is defining the corridor and the specifications. Then we need to obtain funding. We will need funding assistance from here to the border." Mayor Grabek called on John Massopust. Mr. Massopust said, "I can't answer any questions as to • where I think the road should go. I am not very informed about the issues. I am interested in serving on this committee because I feel this issue will be emotionally charged. I think it is important to keep the lines of communication open to the people in all areas and respond to their questions. I participated in a similar situation when the City put sewer through my neighborhood. I believe that I had a part in the resolution of that issue." Mayor Grabek asked Mrs. Winston to introduce herself. Mrs. Winston stated that she had lived in Orono all her life. She said, "I am convinced that there has to be a corridor but am concerned about maintaining the present character of Orono. I want to see the environment (wetlands and open spaces) protected. I would like to see the corridor located where it will have the least impact on those resources. I remember 20 years ago when this same discussion was taking place. A suitable location was agreed on back then, hopefully this will finally be settled." Mayor Grabek moved to appoint Eleanor Winston to the Highway 12 Citizens Task Force. He said, "My motion is based on the involvement with Highway 12 that Mrs. Winston has had in the past. She has lived in the City all of her life and would be a • 14 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 • HIGHWAY 12 CITIZEN GROUP INTERVIEWS CONTINUED benefit to the City." Nettles seconded the motion for the purpose of discussion. Callahan concurred with Mayor Grabek. Nettles stated that though he agrees with the Mayor regarding Mrs. Winston's qualifications, he would prefer to see George Johnson and John Massopust because of his familiarity with their previous efforts. Mayor Grabek agreed that he would nominate George Johnson for the second position. Mayor Grabek believed it is important to have the different viewpoints that would be provided by having a man and a woman representing the City. Peterson stated that she would also like to see George Johnson on the committee because of his involvement with Highway 12 in the past. She said that Mr. Massopust would be her first choice. Callahan agreed also that George Johnson would be an excellent choice in addition to Mrs. Winston. Motion, Ayes -2, Peterson, Nettles, Nay. Motion failed. It was moved by Mayor Grabek, seconded by Nettles, to appoint Mrs. Winston and Mr. Johnson as the committee members and that Mr. Massopust be an alternate. Mr. Massopust is to be kept abreast of the information and events pertaining to this issue. Motion, Ayes -4, Nays -0. Motion passed. CITY ADMINISTRATOR'S REPORT: LIVINGSTON AVENUE DRAINAGE • Mark and Karen Cuff were present. Gerhardson reported that this matter has been before the Council on several occasions. He said, "We have done a feasibility study and met with property owners to solve the problem with an underground piping system. The Cuffs have obtained a 35% petition of the property owners involved They are requesting that the City proceed with a storm sewer project." Mayor Grabek asked if the 35% has been verified. Gerhardson replied, "Yes ". Mr. Harvey Reder, 3596 Livingston Avenue, stated that Donna Banchie listed first on the petition, has moved away since she signed the petition. Mr. Reder stated that his name is not on the petition because he is not in favor paying for the project. Mr. Reder also indicated that the signature third from last is not readable. Ms. Cuff replied, "That is the signature of David Reinhold and I confirmed with him that this is how he signs his name." Mr. Reder said, "I am in favor of getting the problem resolved. I sent the City a letter two weeks ago reiterating the chain of events leading up to this circumstance and the amount of • 15 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 LIVINGSTON AVENUE DRAINAGE CONTINUED • money the City received when they sold the lot to Cuffs. I would like to the City use that money directed toward solving this problem by re- purchasing the lot to allow surface draining. If that is not possible, then the City should pay for the underground system." Mayor Grabek asked what the next step is for the City to take. Gerhardson replied, "The City needs to direct the City Engineer to prepare the plans and specifications." Cook said "That would cost the City approximately 10% of the project cost, plus whatever was spent on the feasibility study." Gerhardson estimated the cost of that phase to be $2,500.00. Cook stated that the approximate cost of the project, based on 1989 figures, will be $30,000.00. Callahan suggested holding the Public Hearing in advance of the plans and specs being prepared. Nettles asked if the lack of Ms. Banchie's signature on the petition will affect the needed 35%. • Gerhardson stated that Ms. Cuff secured extra signatures to compensate. Mayor Grabek stated, in response to Callahan's suggestion, that if the remaining 65% of the area residents were in favor of the project, they would have signed the petition. Cook stated that he agreed with Callahan that the Public Hearing be held first to inform all of the neighbors about the cost. Mayor Grabek also agreed. He added that immediately following the Publi: Hearing it may be possible to make a decision about proceeding with the project. It was moved by Mayor Grabek, seconded by Nettles. to direct staff to schedule a Public Hearing and notify all of the residents. Callahan suggested including the cost of the project in the Public Hearing notice. Peterson noted Gerhardson's comments pertaining to the feasibility of surface drainage to solve the problem. Gerhardson stated that such a project could be done, but would interfere with the Cuffs' plans to expand their property. Motion, Ayes -4, Nays -0. Motion passed. - 16 - • W ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 • STREET LIGHTS - LIVINGSTON AND LYRIC AVENUE Gerhardson reviewed the information in his memo dated August 23, 1990. Mayor Grabek asked whether the City has paid for street lights from the general fund in the past. Gerhardson replied, "Not that I can recall_ We do have street lights that are paid from the general fund because of a change in the law. The law used to allow the City to hold one Public Hearing. to forever assess the cost thereafter. The law now states that a Public Hearing must be held every year." Mr. Theran Hokanson, 3695 Lyric Avenue, said, "The lights were on at the time we purchased our property. We came back from vacation and they were off. We called Northern States Power and they said the lights were not paid for. That is when we contacted the City. We have submitted a petition of the area residents that wish to have the lights on. There are lights on the corner Lyric and Blaine which are paid for by the City. We assumed that was the case with the lights in our neighborhood. The lights would cost approximately $27.00 per month." Mayor Grabek questioned whether approving this request would set a precedent. He said, "On the other hand there is just the cost of $27.00 per month, which will not have a financial impact • on the City." Mr. Terry Beich, 3697 Lyric Avenue, said, "That area has become a good party spot. I believe that turning the lights on will put an end to the congregating and partying that is taking place. It will make the neighborhood safe again." Mayor Grabek asked who is responsible for maintaining the street lights. Gerhardson replied, "NSP is responsible for maintenance." Mayor Grabek asked staff if they are aware of any other locations where this same situation may exist. Gerhardson replied, "This situation could occur anywhere in the City." Callahan asked Gerhardson to explain the City's expenditure of $8,000 to $10,000 for lighting referred to in his memo. Gerhardson replied, "That covers all of the street lights that have either been placed publicly or are paid for publicly. The lights on County Road 15, the lights in the Navarre parking lot and lights around a traffic semaphore are examples. It • includes the other 67 lights that are in residential areas 17 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 STREET LIGHTS LIVINGSTON AND LYRIC AVENUE CONTINUED • throughout the City." Nettles asked Mr. Hokanson how many houses will benefit from the street lighting. Mr. Hokansen replied, "There are approximately 20 units." Mayor Grabek said. "I would like to ask staff to take this under advisement and give Council some information regarding any future ramifications should we approve this request.- It was moved by Mayor Grabek, seconded by Nettles, to table this matter pending staff's evaluation and recommendation regarding this matter. Motion, Ayes -4, Nays -0. Motion passed. TRANSIENT MERCHANT - ORDINANCE AMENDMENT 88 SECOND SERIES Gerhardson stated that the Ordinance Amendment presented this evening incorporates the concerns which arose at the August 13, 1990 Council Meeting. It was moved by Mayor Grabek, seconded by Peterson, to adopt Ordinance #88, Second Series, as amended, relating to transient merchant activities. Motion, Ayes -4, Nays -0. Motion passed. 1991 BUDGET AND PUBLIC HEARING DATES PROPOSED MAXIMUM TAX LEVY • RESOLUTION #2863 It was moved by Mayor Grabek, seconded by Nettles, to adopt Resolution #2863, approving the proposed maximum 1990 tax levy collectible in 1991 of $1.853,541; and to establish the maximum proposed 1991 General Fund expenditure budget in the amount of $3,040,260; and to set 7:00 p.m., December 3, 1990 as the original public budget hearing date and time, and 7:00 p.m., December 18, 1990 as the reconvened public budget hearing date and time, if required. Callahan noted that part of the maximum levy involves bond funding for the purpose of City financing. He suggested that when budget discussions begin that the City Administrator .prepare a 5 year projection of what they believe will occur relative to operating costs and bond funds. Motion, Ayes -4, Nays -0. Motion passed. 1991 POLICE CAR ACQUISITION Nettles said, "I thought we were going to proceed with this because were under some time constraint." Gerhardson said, "That is correct, there is a certain date. Council is committing to a purchase order for the three squads. However, if funding is not available the order can be canceled." It was moved by Peterson, seconded by Mayor Grabek, to approve the purchase of three squad cars as budgeted. Bid award • - 18 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 • 1991 POLICE CAR CONTINUED under Hennepin County Contract 157410 -232 is to Hastings Auto with a total purchase price not to exceed $39.,213 less $11,150 estimated trade -in. Motion, Ayes -4, Nays -0. Motion passed. ASSOCIATION OF METROPOLITAN MUNICIPALITIES 1991 BUDGET It was moved by Mayor Grabek, seconded by Peterson, to support 'the increase proposed by AMM. Motion, Ayes -4. Nays -0. Motion passed. NAVARRE REDEVELOPMENT It was moved by Mayor Grabek, seconded by Nettles, to accept the information presented regarding Navarre Redevelopment and to table this matter until the September 24, 1990 Council Meeting. Motion, Ayes -4, Nays -0. Motion, Ayes -4; Nays -0. Motion passed. FLEXIBLE BENEFITS This item was removed from the Consent Agenda by Councilmembe:- Nettles. Nettles said, "I was asked by an Orono citizen whether the City would be losing or saving money by changing to a flexible benefit program. I believe that it is appropriate to publicly say that it appears that this program will save the City some money." It was moved by Nettles, seconded by Mayor Grabek, to table this issue until the September 10, 1990 Council Meeting. Motion. • Ayes -4, Nays -0. Motion passed. JOHN SASS RESIGNATION* It was moved by Nettles, seconded by Callahan, to accept John's resignation and wish him well on his retirement effective September 18, 1990. Motion, Ayes -4, Nays -0. Motion passed. SALARY ADJUSTMENT PUBLIC WORKS SUPERVISOR -LEVEL II* It was moved by Nettles, seconded by Callahan, to adjust Jack Brinkhaus' salary to Level 10, Step IV, which is $18.304 per hour effective August 29, 1990. Motion, Ayes -4, Nays -0. Motion passed. SALARY ADJUSTMENT -JAMIE BOSMA* It was moved by Nettles, seconded by Callahan, to approve a salary adjustment for Jamie Bosma from Level 2, 95% of- Step 2 at $8.721 per hour, to Level 2. 100% of Step 2 at $9.182 per hour, effective July 1, 1990. This being the maximum for the number of hours she currently works in her part -time position in accordance with the compensation plan. Motion, Ayes -4, Nays -0. Motion passed. UPDATE PROGRAM FOR DEFERMENT OF SPECIAL ASSESSMENTS RESOLUTION $2864* It was moved by Nettles, seconded by Callahan, to adopt Resolution #2864, amending the program for deferment of special • - 19 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 DEFERMENT OF SPECIAL ASSESSMENTS CONTINUED assessments for persons 65 years of age or older and approve the • updated special assessments deferral application. Motion, Ayes -4{ Nays -0. Motion passed. ASSESSING SERVICE Peterson stated that she did not believe this item should have been on the Consent Agenda. She said, "I believe that $66,000 is a bit excessive for the City Assessor's salary. The $66,000 represents a 12.5% increase over last year and a 35% increase from 1988. I also do not agree that this amount will be 15% to 20% lower than an in -house assessor." Mayor Grabek responded, "I believe that Mr. Erickson has a good grasp of this area and has done an excellent job for the last 4 or 5 years that I have been here. I know that one of his problems was that he could not hire enough good employees to assist him. The job became too much to handle." Peterson agreed that Erickson is a quality assessor, but felt that the salary proposed was a bit high. Mayor Grabek questioned whether there was any room for negotiations in this regard. Gerhardson stated that he would have to refer the comments and concerns to the City Administrator. He suggested tabling • this matter until September 10th. It was moved by Nettles, seconded by Mayor Grabek, to table this matter until September 10, 1990. Motion, Ayes -4,, Nays -0. Motion passed. TEMPORARY EMPLOYMENT -GOLF COURSE* It was moved by Nettles, seconded by Callahan, to approve the employment of John Ross as temporary counter helper effective August 28, 1990 at an hourly rate of $5.00. It is.also approved to employ a temporary' groundskeeper helper upon completion of interviews at an hourly ratd of $5.00. Motion, Ayes -4, Nays -0. Motion passed. DISPOSAL OF CITY PROPERTY* It was moved by Fettles, seconded by Callahan, to approve designating one 1980 Ford. LTD and 14 bicycles as Surplus property and that the 1980 Ford be sold to the highest bidder and to destroy the 14 bicycles. Motion, Ayes -4, Nays -0. Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Nettles, seconded by Callahan, to accept the City Administrator's Information regarding: Highway 12, Reservist Status, Septic Position and Long Lake's Goals. Motion, Ayes -4, Nays -0, Motion passed. - 20 - ORONO REGULAR COUNCIL MEETING HELD AUGUST 27, 1990 CITY ATTORNEY'S REPORT: • City Attorney Barrett had nothing to report. LICENSES* It was moved by Nettles, seconded by Callahan, to approve . the following license(s): Cigarette: William Wear Orono Self Service 2160 Wayzata Blvd. Solicitors: Fabian Seafood Sell at 2160 Wayzata Blvd. Set -Up Permit: Smith College Club (one day) Art Center of Minnesota Motion, Ayes -4; Nays -0, Motion passed. BILLS* It was moved by Nettles, seconded by Callahan, to approve payment of the All Funds Account. Motion, Ayes -4; Nays -0, Motion passed. EXECUTIVE SESSION 9:15 P.M. City Attorney Barrett requested that Council hold an is Executive Session for the purpose of discussing pending litigation. r � ADJOURNMENT 9:26 P.M. It was moved by Nettles. seconded by Mayor Grabek, to adjourn the Regular Council Meeting at 9:26 p.m. Motion, Ayes -4, Nays -0, Motion passed. �A= Jam s R. Grabek, Mayor