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HomeMy WebLinkAbout12-10-1990 Council Minutesr� MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor James Grabek, Councilmembers Diann Goetten, Barbara Peterson and Edward Callahan. Councilmember Nettles was absent. The following represented the City Staff: City Administrator Mark Bernhardson, Building & Zoning Administrator Jeanne Mabusth, Public Works Director John Gerhardson, Assistant Planning and Zoning Administrator Mike Gaffron, Police Chief Mel Kilbo, City Attorney Tom Barrett, City Engineer Glenn Cook, and City Recorder Laurie Scheffler. NAVARRE HEIGHTS STORM SEWER PUBLIC HEARING 7:00 P.M. TO 7:05 P.M. The Affidavit of Publication was duly noted and Mayor Grabek opened the Public Hearing at 7:00 p.m. Mayor Grabek statd that just prior to this meeting, City Staff and Council rti>ceivaci na-.� information from the attorney representing the persons oppos::u. to the storm sewer project. Grabek suggested that the Public Hearing be held over to provide Staff and Council adequate time to review the issues presented in Mr. Mitchell's letter. Peterson and Goetten concurred with Grabek. • It was moved by Mayor Grabek, seconded by Callahan, to continue the Public Hearing until the February 11, 1991, Council meeting. Motion, Ayes -4, Nays -0. Motion passed. CONSENT AGENDA* Goetten requested that items #25 and #26 be removed from the Consent= Agenda for discussion. Peterson asked for the removal of item #23 from the Consent Agenda. It was moved by Mayor Grabek, seconded by Peterson, to approve the Consent_ Agenda, with the exception of items #23, #25, and #26, 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 Mayor Grabek, seconded by Peterson, to approve the Minutes of the Regular Council Meeting held November 26, 1990. Motion, Ayes -4, Nays -0, Motion passed. PLANNING COMMISSION COMMENTS: Planning Commission Representative Bellows stated that Planning Commission members we_e not informed of the recent Highway 12 meeting until two days prior to the meeting date. She asked if it would be possible to provide earlier notification of 0 - 1 - ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 PLANNING COMMISSION COMMENTS CONTINUED • such events. Bellows also stated that she had comments pertaining to item #4 on the agenda and questioned whether she should comment at this time or when item #4 is discussed. Mayor Grabek suggested that Bellows delay her comments until item #4 is presented. PUBLIC COMMENTS: Ms. Linda Whitman, 3620 Eileen Street, presented a petition on behalf of persons with a specific position regarding the Highway 12 Corridor location. Ms. Whitman read the petition and noted that it was signed by over 330 people. She said, "Many of the people who signed this petition indicated that they prefer the Highway 12 corridor to be as far north as possible. They are not in favor of the County Road 6, present Highway 12, or Luce Line locations. The petition does not specifically express this point of view, but I would like the Council to understand that is the position of many citizens." ZONING ADMINISTRATOR'S REPORT: #1334 REBERS CONSTRUCTION- SUGARWOODS PLAT PROPOSED AMENDMENT TO PRD Mr. Sid Rebers and Mr. Stephen Pflaum, his Attorney, were is present. Bernhardson explained that two resolutions were being presented this evening that pertained to the review process for driveways in the Sugarwoods Plat. He said, "One resolution requires that thz- Planning Commission and Council participate in the review process. The driveway request would be reviewed by the Planning Commission and would then be scheduled for the Council meeting immediately following. The other resolution would permit only the Planning Commission to review these requests. Council would only become involved in the event of an appeal." Mabusth added that she had not received any additional information from the Planning Commission subsequent to their November 19th meeting. Bellows stated that she had comments on behalf of the Planning Commission to make at this time. Mayor Gr_abek asked her to proceed with her comments. Bellows said, "The Planning Commission has, from the beginning, objected to the use of templates in lieu of Planning Commission and Council review. We feel that there does need to 0 - 2 - ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 ZONING FILE #1334 - REBERS CONTINUED be a review process. If the Planning Commission is to be the • sole reviewing body, we feel that the draft resolution should be revised. We are uncomfortable with the language and believe that the five items listed are too loosely worded. With the exception of item #1, all other items should be tightened up. It is precisely these problems that we are seeing over and over again. The Planning Commission is concerned that a house is being designed first and then, after all the money and effort is put into design, a representation is made that there is only one location for a driveway. That puts everyone in a difficult position. The Planning Commission believes that the review process ought to take place sufficiently early in the design process to allow the opportunity for change. If the Planning Commission does not find there to be adequate reasons for a house to placed as presented, we reserve the right to ask the builder to start over. We are asking that at least the Planning Commission review these requests and that we are not having the review at a point where nothing else can be done." Mr. Pflaum clarified that if Council agrees to have only the Planning Commission review these requests, that the abbreviated process would be limited only to requests for driveway locations. He said, "I believe Council suggested this review method as a compromise to having only City Staff review these requests. My client does not have any objection to any language changes that the Planning Commission may wish to make. It is my understanding • that the Planning Commission would lice to use their own initiative to determine whether there is sufficient criteria to warrant deviating from the straight, 20 -foot wide driveway. We are very comfortable with tailoring the language in the resolution to meet the concerns of the Planning Commission. The process is requested by the applicant and will speed up the approval process of at least driveways. There are three separate builders in this subdivision. Our main concern is that once they have obtained a customer, they want the building design and permit process to occur as quickly as possible. One of the resolutions presented this evening would shorten the review ' process of driveways." Callahan said, "The Planning Commission is an advisory body. If they insist that it is their duty to advise on each of these driveway requests, individually, then I can s•ay, as a Councilmember, it is my duty to decide on each individually. Consequently, unfortunate as it may be, I cannot permit this to go without passing on each case individually." Goetten stated that she had initially supported the suggestion of having only the Planning Commission review these requests. She said, "Pe -haps it is premature to consider that. It may be appropriate to do some revising of the Planning Commission agenda, as far as what they can and cannot do, before - 3 - • ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 ZONING FILE #1334- REBERS CONTINUED • asking them to review this particular project._ If that is what is being suggested, I would not disagree. However; I do think that the Planning Commission is capable of reviewing these requests without the need for Council review as well." Callahan stated that the driveway requests should either continue with a normal review process by Planning Commission and Council, or the templates should be used. Bellows stated that the Planning Commission has twice rejected the idea of using templates. She said, "It is the Planning Commission's belief that it would be wrong for the City to resort to such a -nethod of review. Frankly, the Planning Commission would prefer to see the typical review process used. It was Mr. Pflaum that suggested the abbreviated review process, requiring only Planning Commission review. The Planning Commission was willing to go along with that concept only under the condition that at least there was a Planning Commission review." Peterson stated that she would be inclined to approve the abbreviated review process and eliminate the need for Council review, except in the case of an appeal. Mayor Grabek stated that he would favor whichever review • process would be least time consuming. He stated that he had originally been in favor of having only City Staff involved with these requests. It was moved by Callahan, seconded by Mayor Grabek, to allow City Staff to use designated templates to work with the applicant in reviewing and approving driveway locations in the Sugarwoods subdivision. Motion, Ayes -2, Peterson, Goetten, Nay. Motion failed. It was moved by Goetten, seconded by Peterson, to conceptually approve Option B with appropriate revisions by the Planning Commission. Staff is to notify the Council of the revisions as soon as they are determined and Council will then have the ability to approve or disapprove the revisions. M::)tion, Ayes -3, Callahan, Nay. Motion passed. #1473 JACQUELYN KELLY, 2056 AFTER - THE -FACT VARIANCE RESOLUTION #2915 Mr. Dennis Johnson, Ms. SHADYWOOD ROAD Kelly's Attorney, was present. Bernhardson provided a brief review of this application and the revised plan being presented to reduce hardcover and encroachment of the average lakeshore setback line. He noted that the revised plan cut the size of the deck so that it would • - 4 - ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 ZONING FILE 11473 -KELLY CONTINUED not extend into the 0.75' setback area. He stated that the • Planning Commission had originally recommended denial. However, they indicated that if the size of the deck were reduced, that they would recommend approval. Mabusth added, "When the applicant first presented the revised plain to the Council, she had followed all of the directives from the Planning Commission. When this matter was reviewed by Council on June 23rd, the applicant was given further direction. Since that meeting, a revised survey has been provided and reflects a realignment of the 250' setback line. That is why there was a discrepancy in the amount of bituminous hardcover in the 75 -250' setback area. The applicant is now proposing to reduce hardcover to 48.8 %." Mabusth asked Mr. Johnson if the applicant is willing to remove landscape plastic located in the 250 -500' setback area. Mr, Johnson replied, "The only thing that is in that area is a shed that was there when Ms. Kelly moved in. Nothing has been done in the 250 -500' setback area and we prefer not to because of the shed, which is used for storage. We would ask that the 250 -500' setback area remain as is." Mayor Grabek stated that in his opinion the applicant has tried to work with the City. He added that he had originally indicated that he did not object to the four foot encroachment of the average setback line. • Peterson concurred with Mayor Grabek. She said, "I had originally voted to conceptually deny this application. However, I do not feel that the average lakeshore setback encroachment is as significant an issue, in light of the hardcover reductions now proposed." Goetten stated that she still objected to the removal of non- structural hardcover in exchange for structural hardcover. She said, "I would like to see some structural hardcover removed. I am not sure what removing plastic really accomplishes. I do not object to the four foot encroachment of the average lakeshore setback. However, this lot already has an excess of hardcover and I would like to see an equivalent amount of structural hardcover removed for what the deck will add." Callahan commented that the issue of hardcover should be reviewed in its entirety by the new Council. It was moved by Mayor Grabek, seconded by Peterson, to adopt Resolution #2915, approving the after -the -fact Variances to construct a deck. Motion, Ayes -3, Goetten, Nay. Motion passed. - 5 - 40 ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 #1475 JOHN MCDOWELL, 4105 BAYSIDE ROAD • FINAL SUBDIVISION APPROVAL RESOLUTION #2903* Mr. McDowell was present. It was moved by Mayor Gr_abek, seconded by Peterson, to adopt Resolution #2903, approving the Plat of Bayside Ridge. Motion, Ayes -4, Nays -0. Motion passed. #1521 STEVEN LOMBARDOZI, 115 OLD CRYSTAL BAY ROAD NORTH PRELIMINARY SUBDIVISION Mr. Lombardozi and Mr. Gary Peterson were present, as was Mr. Bill Wear. Bernha -dson summarized the information provided in Jeanne Mabusth's memo dated December 3, 1990, noting that access is the primary issue involved in this subdivision. He said, "The Planning Commission had recommended that the private road directly south in the Wear subdivision be extended and that both the cul -de -sac to the south and east be made public. He said, "The public road could then serve this subdivision 'and other subdivisions that may occur to the north. Alternatives to the Planning Commission recommendation could include just making the one leg public under the City's road and utility easements, or the City could provide access by means of an Ordinance amendment that was approved a year ago." • It was moved by Mayor Grabek to adopt the Resolution approving the preliminary subdivision for Al Kreb. The motion failed for a lack of a second. Peterson asked the City Attorney how it would be possible to open a private road to the public. Barrett replied, "The distinction here is that the City has underlying easements, which would allow the road to be opened to the public. T_iat is non - controversial. As a result of the Wear subdivision, the City obtained a public road easement, over which a private road was constructed. If the City wishes to make the private road public, there is a procedure that can be done to accomplish that. Tne other issue is that if someone has a private road, the City can require, as a condition of owning the private road, that members of the public that must use the road to access their property be allowed to use that road to do so. It is my opinion that the City can do that, though such a method is more controversial." Peterson asked Mr. Wear if it is his wish to have the road remain private. Mr. Wear replied, "No} necessarily, but we do want to be paid for it. You are acquiring our property without any warrant. • - 6 - ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 ZONING FILE #1521 - LOMBARDOZI CONTINUED There is a covenant on a piece of property, approved. If you want to live by that,. that don't, the smoke is going to fly. The City is piece of property without paying for it. You me off of it bodily." which you people • :'s fine. If you not touching that will have to move Goetten stated that she has been concerned about the private /public road issue for some time. She said, "When this matter was last discussed, I was not in favor of passing a resolution that would convert the private road to public. However, the resolution was approved. My concern is whether it wou d be possible :o separate the road issue from this subdivision. The issue of private /public roads has not been discussed by the Council." Barrett replied, "It is true that the ordinance has been adopted. However, that does not preclude the Council from further consideration of the public /private road issue. As I understand it, you are concerned about the Council making a decision in this case, when there has been no formal policy established for public /private roads. I can say that from a legal standpoint, the Council has the right to make the road public. I cannot tell you whether or not it is good policy to do this." Goetten asked if Council would be setting a precedent. Barrett replied, "I do not believe that a negative precedent • would be set. Council would be approving the public road in order to facilitate the development of property within the City. That should not compel the Council to make other private roads public." Mr. Wear said, "I would just like to clarify one thing. I would not be as strongly opposed to this proposal as I am right now, if we had our lots sold. Why should we let someone cross our property to be in competition with us? Think about that for a minute. If we had our subdivision completed, the lots were all sold, what the devil do I care what is out there. In the meantime, we are going to fight. There are other ways to access the property, such as off of Old Crystal Bay Road. We've paid for all the utilities, telephone, electric, gas, the road, the whole works. Now you are telling me that any man can come in, buy that piece of property, and use what we have paid for to access it. No way. I'm going to fight you tooth and nail on this." Callahan asked if the City would owe Mr. Wear anything if in fact the City does proceed to make the road public. Barrett said, "The question is whether Mr. Wear is entitled - 7 - • ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 ZONING FILE #1521- LOMBARDOZI CONTINUED to compensation for the asphalt and construction of the road." Callahan asked whether Mr. Wear may have a stronger legal position if the road is made public, or if it remains private and public access is granted. Barrett replied, "The Council can regulate a private road, just as it can regulate other conduct within the City, by telling people if they build a private road, they have to allow others to pass to access property otherwise landlocked. That is the first issue. The other question is, if the Council makes a road public, would the City owe the constructor of the private road anything for turning the road public? In other words, would that constitute a taking? I cannot answer that this evening." Peterson asked Mabusth whether there are any alternate ways to access this property. Mabusth replied, "As the Planning Commission stated in their review of this subdivision, it would not be consistent with the intent of the City's Comprehensive Plan to have access achieved any other way. During the review of Mr. Wear's earlier subdivision, the Council made a planning decision to take this approach. Mr. Wear, as developer, was required to grant a future extension to the north. Private covenants were developed • to charge future users, Once again, it should be noted for the public record that the City has no business or right to question the charge for this use. The City is responsible for insuring that maintenance covenants are developed to assure maintenance of private roads. The intent was always there for access to come from the Wear subdivision. It would defeat the purpose to now create another permanent curb cut." Goetten asked whether the issue of access should actually be left to the property owners to resolve. Mabusth stated that the ideal situation is when property owners can work together to solve the access issue. She said, "The City really has no mechanism for dealing with multiple landowners when it comes to developing roads. We are very lucky that we have not encountered this problem prior to this. Wizen Mr. Wear stated that the City had approved the covenants for his subdivision, that was incorrect. Mr. Wear was provided with a boiler plate form to complete and file. The City did not approve a $20,000 unit charge. That is not part of our authority." Bernhardson stated that the private property owners could work together, but have not been able to do so. He said, "That is the reason the City has become involved. To the extent that there is a legal question as to whether or not compensation may be due, it may be appropriate to table this matter for this 9 - 8 - ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 ZONING FILE #1521- LOMBARDOZI CONTINUED evening." • Goetten agreed that the issue of compensation is significant and a legal opinion must be rendered before Council could act. Mr. Wear said, "I would just like to say one thing. This boiler plate that is being talked about -- it was there, it was well known. My intent when we made the subdivision was to have access go on there, but to get paid for it. It was very clear at that point, because $20,000 is obviously exuberant. It was also there to stall anybody. We wanted to sell our land, and after that we don't care." Bellows stated that the decisions made by the Planning Commission cannot include considerations for financial loss or gain. She added that outlots are created for the purpose of providing a sensible plan for the City. She said, "Thee Planning Commission does not feel it is appropriate to gerrymander around what has been and established and reasonable plan. The issue as to whether or not the road is public or private, was an issue of great debate amongst the Planning Commission members. It is an issue we would like to see addressed. However, the Planning Commission feels this is a separate issue. We had planned for that northern extension to be there in the event these properties were ever developed. That is now happening." It was moved by Callahan, seconded by Peterson, to table . this matter pending receipt of an opinion from the Cit17 Attorney regarding Mr. Wear's comments, and the overall situation with road becoming public as a result of the underlying easements and our ability to do that. Motion, Ayes -3, Mayor G_abek, Nay. Motion passed. #1584 ROBERT RADUNZ, 1066 LOMA LINDA AFTER- THE -FACT VARIANCE RESOLUTION #2904 Mr. Radunz was present. Bernhardson briefly explained the Variances involved in this application. He stated that Mr. Radunz has proposed an overall hardcover reduction from 69.6% to 49.5% in the 75 -250' zone, and from 6.61% to 1.12% in the 0 -75' zone. Bernhardson noted that the Planning Commission had unanimously recommended approval. It was moved by Callahan, seconded by Peterson, to adopt Resolution #2904, granting after - the -fact hardcover, average lakeshore setback, a---id side setback Variances for the construction of deck. Motion, Ayes -4, Nays -0. Motion passed. - 9 - • ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 #1601 WELDON & PHYLLIS DUNN, 40 STUBBS BAY ROAD SOUTH VARIANCE • RESOLUTION #2905 Mr. and Mrs. Dunn's daughter was present on their behalf. Bernhardson provided a brief statement explaining the purpose of this application. He added that the Planning Commission had recommended approval. It was moved by Callahan, seconded by Peterson, to adopt Resolution #2905, granting a side setback Variance for the construction of an addition to an existing residence. Motion, Ayes -4, Nays -0. Motion passed. #1602 DON COPLEY, 1185 TONRAWA ROAD RENEWAL VARIANCE RESOLUTION #2906* It was moved by Resolution #2906, hardcover Variances residence. Motion, Mayor Grabek, seconded by Peterson, to adopt granting average lakeshore setback and to construct an addition to an existing kyes -4, Nays -0. Motion passed. #1603 IRWIN JACOBS, 1700 SHORELINE DRIVE VARIANCE RESOLUTION #2907 Mr. Jim Jensen, Mr. Jacobs' contractor, was present. • Bernhardson summarized the information provided in Jeanne Mabusth's memos dated November 15, and December 4, 1990. He stated that the Planning Commission had based their approval on the condition that the two parcels owned by Mr. Jacobs be combined. Mr. Jensen stated that Mr. Jacobs has agreed to combine the two parcels, and to remove the greenhouse in the event the parcel is ever subdivided. It was moved by Mayor Grabek, seconded by Peterson, to adopt ' Resolution #2907, granting a Variance to allow more than one oversized accessory structure on one parcel, and a Variance to allowed total area for accessory structures. Motion, Ayes -4, Nays -0. Motion passed. CITY ENGINEER'S REPORT: PAY REQUEST #2, PUMPHOUSE #3 It was moved by Mayor Grabek, seconded by Peterson, to approve Pay Request #2, to Richmar Construction, in the amount of $24,295.30 for work done to Pumphouse #3. Motion, Ayes -4, Nays -0. Motion passed. • - 10 - ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 PAY REQUEST #2, LIFT STATION #8 It was moved by Mayor Grabek, seconded by Goetten, to • approve Pay Request #2, to Northwest Mechanical; Inc., in the amount of $34,656.00, for work done to Lift Station #8. Motion, Ayes -4, Nays -0. Motion passed. FINAL PAYMENT - 1990 SEALCOATING* It was moved by Mayor Grabek, seconded by Peterson. to approve the second and final Pay Request to Allied Blacktop in the amount of $6,781.81, for the 1990 seal coating project. Motion, Ayes -4, Nays -0. Motion passed. CHANGE ORDER #1 - PUMPHOUSE #3* It was moved by Mayor Grabek, approve Change Order #1, approving winter construction and a reduction overhead connection rather than and Nays -0. Motion passer. seconded by Peterson, to slow start pump controls, of NSP costs by use of an erground. Motion, Ayes -4, PAY REQUEST #3, HIGHWAY 12 SEWER AND WATER RESTORATION* It was moved by Mayor. Grabek, seconded by Peterson, to approve Pay Request #3 to 0,--ten Brothers Nursery for work completed to date on the Highway 12 sewer and water project for an amount not to exceed $2,571.57. Motion, Ayes -4, Nays -0. Motion passed. MAYOR /COUNCIL REPORT: None. CITY ADMINISTRATOR'S REPORT: • LMCD SHORELAND REGULATIONS RESOLUTION #2908 Bernhardson explained that the draft resolution presented this evening resulted from a recent meeting of seven Lake Minnetonka Communities. He said, "The City of Victoria was not represented at this meeting, but I have been told that they did adopt the resolution at their December 6th Council meeting. The resolution is presented for Council's consideration this evening." Callahan stated that he and Gabriel Jabbour had attended the meeting in addition to Bernhardson. He said, "It is apparent that eight of the 14 communities do not approve the LMCD Long Term Management Plan. The purpose of the meeting was to consider -chat the opposing communities can now do. The focal point of the meeting was the Shoreland Regulations, though there was no discussion of what regulations should or should not be adopted. I informed those present that the City of Orono did not intend to :oe represented at the meeting scheduled for December 12th. T'-iat meeting is not an LMCD meeting, but rather a group meeting where a committee will explain the Plan to whomever attends. Assuming that Council adopts the resolution presented this evening, it - 11 - 0 • - • • ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 LMCD CONTINUED will be presented to the LMCD. The December 12th meeting will be taped in the event we wish to know what takes place." Peterson asked Callahan if he had received any input from Jo Ellen Hurr regarding the draft resolution. Callahan stated that Ms. Hurr was not at the December 6th meeting. Bernhardson stated that he had a meeting with Ms. Hurr today. He said, "Ms. Hurr asked whether Orono's decision not to attend the December 12th meeting constituted a boycott, or if there were other reasons we were not attending. I informed her that since it seemed that the only purpose of the meeting was to talk about the operation of the LMCD regulations there was no point for Orono attending. The City of Orono intends to work separately with the DNR. I suggested that the draft resolution may carry more weight insofar as the LMCD drawing future financial support than would our decision not to attend this one meeting." Callahan said, "My point attending this meeting because part to attend. The purpose something that we do not favor." of view is that we are not it is a useless activity on our of the meeting is to discuss Goetten asked whether M:3. Hurr would be attending the December 12th meeting. Callahan s=ated that as far as he knew, she did not plan to attend. Peterson said, "I received a call from Norm Paurus. Perhaps Mark could contact him. He is quite concerned about what he believes is a boycott on behalf of the City." Gabriel Jabbour said, "I too recently talked to J,-)Ellen. She indicated that if Orono is not careful, we may end up falling into the hands of those legislators who feel that Lake Minnetonka should be legislated by some entity other than the LMCD. I told her that I thought the LMCD acted in haste adopting th3 Plan and it was not appropriate for the LMCD to have submitted the Plan immediately to the Met Council. I initiate=d some discussion about looking into the possibility of having the cities that voted in favor of they Plan talk to their representatives about reopening this issue. Even if that does not occur, I believe that somebody should talk to the LMCD Board at large and emphasize to them the seriousness of their actions. There are eight major cities that are not in agreement with the Plan. The LMCD should consider what consequences may arise from that. It does bother me to consider what may happen if we end up totally - 12 - ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 LMCD CONTINUED divorcing ourselves from the LMCD and each .municipality deals with lake issues individually. At this time, there are eight communities on the other end of the table from the LMCD. However, each of those communities have different reasons for opposing the Plan and look at land issues. I don't believe the alliance would last very long." Callahan said, "We did briefly discuss our views about the land use at the December 6th meeting and stressed its importance. We also discussed the LMCD and its other failures in attempting to control the lake. I didn't know until I attended the meeting that the LMCD had submitted the Plan to the Met Council. We discussed the possibility of contacting the Met Council Representative to be sure that he understood the views of the eight cities. It was my understanding that the City of Minnetonka was going to do that." It was moved by Callahan, seconded by Goetten, to adopt Resolution #2908, expressing the City's joint opposition with the cities regarding the recently adopted Comprehensive Plan. Motion, Ayes -4, Nays -0. Motion passed. HIGHWAY 12 CORRIDOR STUDY City Administrator Barnhardson presented Council with information pertaining to a videocast of they December 1, 1990 Highway 12 Corridor meeting. Council accepted the information. No formal action was taken. WEST HENNEPIN HUMAN SERVICES APPOINTMENT It was moved b;, Goetten, seconded by Peterson, to appoint Mr. David Ilse to the West Hennepin Human Services Board. Motion, Ayes -4, Nays -0. Motion passed. HAZARDOUS BUILDING - 2140 PROSPECT AVENUE RESOLUTION #2909 It was moved by Mayor Grabek, seconded by Goetten, to adopt Resolution #2909, finding hazardous buildings at 2140 Prospect Avenue and requiring the securing and repair or removal of the structures. Peterson asked Gerhardson if he knew the size of the parcel. Gerhardson stated that he could not answer at this time, but would provide Councilmember Peterson with that information. Motion, Ayes -4, Nays -0. Motion passed. 1991 COMPENSATION ADJUSTMENT Goetten suggested that, in light of the concerns expressed by the residents regarding the budget, this item be tabled until the reconvene of the Budget Public Hearing on December 18, 1990. Callahan asked if delaying action on this item would pose - 13 - • • E ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 1991 COMPENSATION ADJUSTMENT is any accounting difficulties. Bernhardson replied, "A one week delay should not pose any problems." It was moved by Goetten, seconded by Peterson, to delay action on this item until the December 18, 1990 Budget Public Hearing meeting. Callahan stated that there may be opposition by those present at the reconvene of the Budget meeting if this resolution is passed at the same meeting, but that he would agree with the December 18, date if that was the consensus. Motion, Ayes -4, Nays -0. Motion passed. NOTICE OF RETIREMENT Bernhardson stated that he had received Chief Kilbo's notice of resignation, to be effective June 30, 1991. He asked that Council accept Chief Kilbo's resignation. Mayo= Grabek took this opportunity to thank Chief. Kilbo for his many years of service to the City of O-zono and wished him good luck. It was moved by Mayor Grabek, seconded by Peterson, to accept the retirement notice of Chief Melvin Kilbo, as an employee in good standing, effective June 30, 1991. Council • directed Staff to prepare the recognition of his many years of hard work and dedication to police work as h:_s retirement approaches.. Goetten asked if in the future she cou -d be personally notified of such events, rather than learning of them with a memo from Staff. Chief Kilbo explained that his wife had recently undergone surgery for severe arthritis and that prompted his decision .o retire. Bernhardson stated that he had previously asked Chief Kilbo to give him a six month notice when the time came for him to retire. Motion, Ayes -4, Nays -0. Motion passed. BUILDING OFFICIAL /SALARY ADJUSTMENT LYLE OMAN* It was moved by Mayor. Grabek, seconded by Peterson, to approve an upgrade of position to Building Official for Lyle Or1an and a salary adjustment at a Level 9, Step 4, a= a rate of $16.734 per hour effective as of October 22, 1990. Motion, Ayes -4; Nays -0. Motion passed. POLICE OFFICER - TEMPORARY APPOINTMENT Councilmember Petersen had requested that this item be removed from the Consent Agenda for discussion. She asked Bernhardson what the City's policy is regarding compensation to Officer Dembouski during his military leave of absence. Site asked whether the City is required to make up the difference between his patrol officer salary and his military salary. 9 - 14 - ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 POLICE OFFICER TEMPORATY APPOINTMENT CONTINUED Bernhardson replied, "Thee City is required to pay for three weeks of leave and may have already paid for two weeks of active duty." It was moved by Peterson, seconded by Mayor Grabek, to employ Mr. Timothy Roberts as a full time, temporary police officer at level 6 of the Orono pay plan at a rate of $11.359 hourly with no benefits. Employment is effective December 4, 1990, subject to satisfactory physical examination. This temporary position is to run until Officer Dembouski returns to duty. Motion, Ayes -4, Nays -0. Motion passed. EXTENSION OF UNPAID LEAVE OF ABSENCE - JAMIE BOSMA* It was moved by Mayor Grabek, seconded by Peterson, to extend the unpaid leave of absence o,= Jamie Bosma to Wednesday, January 16, 1991, and to employ Laurie Scheffler as a temporary clerical employee on January 9, 10, and 11, 1991 for a total of 51-2 hours per day, at a rate of $9.182 per hour. Motion, Ayes -4, Nays -0. Motion passed. TAX FORFEITED PROPERTY RESOLUTIONS #2910 and #2911 Councilmember Goetten requested the removal of this item from the Consent Agenda. She asked how large the parcels are and what process occurs once a parcel becomes tax forteited. Bernhardson replied, "Unless the City has a public purpose for a tax foreited parcel, we cannot take it. One of the parcels is 90,000 square feet." Mabusth added that parcel is mainly wetlands. She stated that the smaller parcel is dry buildable land and was created for the property owner to the immediate north to acquire for septic expansion. Goetten asked what would happen to the larger parcel with the wetland area. Mabusth replied, "We are recommending the sale of that parcel to an adjacent property owner." Callahan asked if there is any law that requires tax forfeited parcels to be sold only to adjacent property owners. Bernhardson stated that there is no such law, but that the city in which the property is located can require that as a condition of sale. It was moved by Goetten, seconded by Peterson, to adopt Resolution #2910, releasing tax forfeited land for private sale to adjacent owners, and Resolution #2911, conveying tax forfeited - 15 - • • � � 4 • - ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 TAX FORFEITED LAND CONTINUED land for public use by the City of Orono. Motion, Ayes -4, Nays -0. Motion passed. COUNCIL SELECTION PROCESS Councilmember Goetten requested the removal of this item from the Consent: Agenda. She referred to the draft letter that would be sent to the applicants for the vacant Council seat. Goetten ask-ad whether it is still everyone's wish to include Navarre Redevelopment in paragraph #3. She also asked whether "Long term street and transportation planning" included the issue of public /private roads. Bernhardson replied, "It may no longer be necessary to include Navarre Redevelopment and the street and transportation planning can include public /private roads." It was moved by Goetten, seconded by Mayor Grabek, to authorize staff to transmit the letter to all interested applicants with the changes notad by Councilmember Goetten. Motion, Ayes -4, Nays -0. Motion passed. 1991 FEE ORDINANCE AND SUMMARY PUBLICATION ORDINANCE $91, SECOND SERIES* It was moved by Mayor Grabek, seconded by Peterson, to adopt Ordinance #91, Second Series, approving the 1991 Fee schedule and • summary for publication as presented in Attachment A. Motion, Ayes -4; Nays -0. Motion passed. • AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED* It was moved by Mayor Grabek, seconded by Peterson, to authorize the City Treasurer to disburse City funds in payment of claims received for the December 24th Council meeting, which has been canceled and that such paid claims are to be presented at the January 14, 1991 regular Council meeting for formal approval. Motion, Ayes -4, Nays -0. Motion passed. 1991 INTERFUND TRANSFERS AND LOAN PAYMENTS* It was moved by Mayor Grabek, seconded by Peterson, to approve the interfund operating transfers, loan payments, and special assessment payments on City property as presented, effective: December 31, 1990. Motion, Ayes -4, Nays -0. Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Mayor Grabek, seconded by Peterson, to accept the City Administrator's Information regarding: Rules of Criminal Procedure, Clean -up Status, October Receipts and Disbursements, Wire Transfers, and Goals and Objectives. Motion, Ayes -4, Nays -0. Motion passed. CITY ATTORNEY'S REPORT: None. - 16 - ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 LICENSES* It was moved by Mayor Grabek, seconded by Peterson, to approve the following license(s): Residential Kennel: 1991 Club Liquor: 1991 On -Sale Non - Intoxicating Malt Liquor: Robert Waag 4760 West Branch Road Harry B. Stoker 465 Spring Hill Road Marilyn J. Pickard 4607 Watertown Road Wayzata Country Club 200 Wayzata Boulevard Lakeview Golf 405 North Ar_n Drive Motion, Ayes -4, Nays -0. Motion passed. BILLS* It was moved by Mayor Grabek, seconded by Peterson, to approve payment of the All Funds Account. Motion, Ayes -4, Nays -0. Motion passed. EXECUTIVE SESSION 8:37 P.M. City Attorney Barrett requested that Council hold an Executive Session for the purpose of discussing pending litigation. At 8:37 p.m. Council adjourned to an Executive Session. ADJOURNMENT 8:50 P.M. It was moved by Peterson, seconded by Callahan, to adjourn the Regular Council Meeting at 8:50 p.m. Motion, Ayes -4; Nays- -0. Motion passed. Bar ara A. Peterson, Mayor -- 17 - • 1] •