Loading...
HomeMy WebLinkAbout04-22-1991 Council MinutesS MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 22, 1991 ROLL CALL: The Council met on the above date with the following members present: Mayor Barbara Peterson, Councilmembers J. Diann Goetten, Edward Callahan, Gabriel Jabbour and Mary Butler. The following represented the City Staff: City Administrator Mark Bernhardson, Building and Zoning Administrator Jeanne Mabusth, Public Works Director John Gerhardson, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Thomas Barrett, City Engineer Glenn Cook, and City Recorder Laurie Scheffler. Mayor Peterson called the meeting to order at 7:00 p.m. ( #1 *)CONSENT AGENDA Goetten requested that item #34 be removed from the Consent Agenda for discussion. Mayor Peterson asked that items #10, #14, #22, and #23A bd added to the Consent Agenda. It was moved by Butler, seconded by Mayor Peterson, to approve the Consent Agenda, with the exception of item #34, which was removed and discussed in the sequence. shown on the Agenda, and the addition of items #10, #14, #22 and #23A. All voted aye. Motion passed. ( #2 *)APPROVAL OF MINUTES It was moved by Butler, seconded by Mayor Peterson, to approve the Minutes of the Regular Council Meeting held April 8, 1991..:All voted aye. Motion passed. PUBLIC COMMENTS: John Farnham, 3225 Carman Road, distributed a copy of information put together by Orono residents pertaining to another city facility site option they would like Council to consider. Curt- Quady stated that the information provided by Mr. Farnham should be helpful to the Citizens City Facility Committee, and that in his opinion, the Committee was not given enough information when they last reviewed this issue. Mayor Peterson recognized Mr. Rettinger, with the Long Lake Fire Department. Mr. Rettinger introduced Shannon Formisano and Dan Tibbetts of the Long Lake Fire Department, stating that both are involved in teaching a CPR class. Ms. Formisano explained that the Long Lake Fire Department began the CPR program is January, 1991. The class is offered free of charge for all residents living within the Long Lake Fire Department District. Ms. Formisano asked if the City Council - 1 - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 PUBLIC COMMENTS CONTINUED could have the City Staff include information pertaining to the CPR program in with the water bills or City newsletter. She stated that the program would end in June, 1991, and would resume again in September, 1991. Ms. Formisano encouraged everyone to take the eight hour class, which is usually held from 6:00 p.m. to 10:00 p.m., one Tuesday and Thursday per month. The next class will be held on the 14th and 16th of May. Ms. Formisano explained that those that take the class assist the 911 system in that they can help a person that is choking, .,or has gone into cardiac arrest before the paramedics arrive. Dan Tibbetts stated that Shannon Formisano is a Registered CPR instructor through the State of Minnesota and that the money to pay for her class comes from the charitable gambling proceeds that come from the pull tabs sold by the Orono Lions Club at Larry's Lounge, and the Red Rooster. Councilmember Butler asked Ms. Formisano if it is possible for persons living outside the Long Lake Fire District to take the class. Ms. Formisano advised that persons living in other fire districts may take the class if they make a donation to the CPR class. Mayor Peterson thanked Shannon Formisano and Dan Tibbetts for the information they had provided., Curt Quady stated that he had determined that every resident in Orono pays approximately $10.76 for the Spring and Fall clean -up days regardless of the degree of participation. He asked why the City does not have each resident that participates pay so much based on how much he /she brings in to be thrown away. He also asked what the City plans to do with the $25,000 they are going to bill and receive from the residents for the clean -up program. Gerhardson explained that the .clean -up program originally. cost the City of Orono between $5,000 and $6,000 per year; it now costs $25,000. Bernhardson added that the fee would cover not only Spring and Fall clean -up, but recycling as well. He said, "If we did not fund these programs with an established fee,-funding would have to be provided from the general taxes. It is our feeling that we would discourage people from participating in the program if we asked them to pay as they enter the dumping area based on how much refuse they have." Quady compared the solid waste billing system to that of the water and sewer billing which he stated charges the same fee - 2 - le I ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 PUBLIC COMMENTS CONTINUED regardless of the size of the house, or number of people using the system. He felt that once people realized how much it would cost to take refuse to a public dump, they would not be discouraged from partaking and paying to use the Orono Spring and Fall clean -up days. Quady stated that he does not understand why the City's philosophy is that everyone should pay the same. Dave Peterson stated that the residents would have to pay for the Public Works crews to clean refuse out of the ditches in the City if there is a higher cost for the clean -up program. ZONING ADMINISTRATOR'S REPORT: (#3)ZONING FILE #1497- GERALD TOBERMAN 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT - RESOLUTION #2953 James Gilbert;!Attorney for Mr. Toberman, was present. Bernhardson explained that °a final draft of the agreement between Mr. Toberman and the City has been prepared and agreed upon by the parties' attorneys. He said, "Council agreed to grant the Conditional Use Permit under certain.restrictions. The continuance of nautical sales on the property may occur provided the operation commences between April and October of 1991, a;.-Id is fully operational until April, 1992. The property owners have agre =ed to sign a waiver of rights, which states that if the criteria in the agreement is not met, the Conditional Use Permit shall be revoked, and the property will revert to Residential zoning:" Bernhardson noted that a letter had been received from Dan Crear and George Rovegno, who were - unable to attend this meeting, asking that this matter be tabled this evening. Ji-n Gilbert confirmed that a tentative agreement has been 'reached between the parties, based on the language drafted by the City Attorney. He said, "Mr. Barrett and I have done some additional research on this issue. Neither of us been able to find any case law to support the City's ability to force a business to remain open during certain periods of time. Most case law referred to restriction of hours, and occasionally days, but I do not believe the City has any legal authority to force my client to be open during specified days and hours. As part of the settlement of this matter, if Council approves the Conditional Use Permit, we will accept that as proposed and negotiated by myself and the City Attorney." Art Tourangeau asked what the hours of operation would be. Bernhardson responded,. "Th -a business must be open from 10:00 a.m. to 6:00 p.m., at a minimum, but may remain open until 8:00 - 3 - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 ($3)ZONING FILE #1497- TOBERMAN CONTINUED p.m. Tourangeau stated that he did not think it wise of the City to allow a business use of this property after it has sat vacant for four years. Goetten advised Mr. Tourangeau that a deadline date has been established, a-ad if there is no business operating from this property by that time, that is it. Ala:z Nettles, 1940 Shoreline Drive, reiterated Mr. Rovegno's request to have this matter tabled so that he could express his concerns to Council. Nettles said, "As you know, Mr. Rovegno is very much opposed to the City granting a Conditional Use Permit. I am also opposed to it. I maintain the same position I had when Council last reviewed this issue. A discontinuance of this use, whether voluntary, or involuntary is inmaterial. The City of Orono's Ordinance-is crystal clear from a legal standpoint. Mr' Rovegno and I share the opinion that the City does not have the authority to grant what is in essence a use Variance. I talked with several Councilmembers on this issue, and I became convinced that there may be some misinterpretation that the City Attorney's memo means that the City has no choice but to grant Mr. Toberman a continued use Variance because laws exist in other States. It is my opinion that the laws of other States do not necessarily bind the City of Orono. In fact, the case for the City discontinuing this is very strong. There has not been any use of this property. I have lived near the property for five years. Mr. Crear and I stated last year that there was no use of this property, but representatives for Mr. Toberman disagreed, stating that the property had bean used for meetings. Those representatives are now saying that the use was discontinued on an involuntary basis, and that is supposed to make a difference. The issue of whether the discontinued use was voluntary or involuntary is one of first impression, which means such an issue has not been decided before in Minnesota. The City Attorney's memo states, that there is authority An other jurisdictions which requires a showing that the property owner voluntarily abandoned it. That does not necessarily bind the City of Orono.. The issue pertaining to the fact that Mr. Toberman has made significant financial investment in this property, and that it is therefore inequitable not to allow him to use the property, is one where Mr. Toberman would. have to prove that the City somehow acted improperly against him. The City has a strong position and has the authority to deny this request. Another issue raised, is that of inverse condemnation, which would require the City to pay Mr. Toberman because it is taking away part of the use of his property. In order for Mr. Toberman to succeed with such a claim, he would have to show that there is no reasonable use left. That is not the case, there is a reasonable use left for this property. - 4 - 4 ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 ( #3)ZONING FILE #1497 - TOBERMAN CONTINUED I think the Council ought to consider whether it wants to splice in law from another jurisdiction into the City's crystal clear Ordinance to benefit an owner that simply wants to sell this property. I do not think that is a good decision. I think the best decision is to get that property back to Residential zoning. It is the only property between Windward Marine and Navarre that is not Residential. The City will not have another opportunity to revert the zoning of this property back to residential." It was moved by Callahan, seconded by Mayor Paterson, to table this matter. Motion, Ayes -2. Goetten, Jabbour, and Butler, Nay. Motion failed. Callahan stated that, in his opinion, the commercial use of this property was discontinued, and therefore, it should revert back to Residential zoning. Callahan doubted that Council would be able to revoke the Conditional Use Permit one year from now if there is no operation on the premises. He said, "I think we will find that the Waiver of Rights, no matter how well intended by Mr. Toberman, will be challenged by any future owner of the property." Jabbour asked Barrett i`f the City would face any legal risk if the Citv Council voted to deny the Conditional Use Permit. Barrett replied, "It is my opinion that the applicant has a demonstrated property interest in this business and permit in light of his investment. The issue of abandonment,, is based on the interpretation of the Ordinance and whether or not it can be reasonably applied to this particular circumstance so to take away the property right to run the business. My.conclusion is that if the Council were to find that the use was voluntarily abandoned, then Mr. Toberman would have abandoned his property:. right. If you find that it was not voluntarily abandoned, which was the premise of the resolution, it seems. to ,me that the reasonable interpretation of that Ordinance requires that you permit that to remain in effect." Jabbour stated that, at their last meeting, Council had conceptually approved the continued' use of this property. He questioned whether the City's legal position would be jeopardized if Council now voted to deny the use. Barrett replied, "No. Council gave conceptual approval at their last meeting.. If new facts have been introduced since that time, or if facts presented at the Public Hearing have been reconsidered, that now demonstrate the need for a different result, Council may do that without prejudicing the City." Jabbour asked Barrett to clarify how binding Mr. Toberman's - 5 - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 ( #3)ZONING FILE #1497 - TOBERMAN CONTINUED signature on the Waiver will be in regard to any new owners of this property. Barrett replied, "The Land Use Statutes in Minnesota allow, and in fact require, us to file Conditional Use Permits against the land. We have also provided that the Waiver, which Mr. Toberman would sign, would be filed with the Conditional Use Permit. To that extent, any subsequent purchaser is on notice of the condition." It was moved by Butler, seconded by Goetten, to adopt Resolution #2953, and accept the changes that have been made by the applicant's attorney. Motion, Ayes -3, Mayor: Peterson, Callahan, Nay. Motion passed. ( #4)ZONING FILE #1629- MCNULTY CONSTRUCTION 1700 FOX STREET VARIANCE James McNulty, Hugh MacMillan, Duncan MacMillan, and Jack Taylor, Attorney, were present. Bernhardson stated that based -on action taken by Council at their April 8, 1991, meeting, a denial resolution is being presented for Council's review this evening. He noted that the Cit1 Attorney's office had only a brief opportunity to review this resolution, and suggested that Council may wish to table this' matter. Mayor Peterson asked Jack Taylor if he would like Council to table or proceed with this application. Taylor stated that his clients would prefer to proceed, and he asked for.the opportunity to make a few brief statements. 'He said, "There are three factors I would ask Council to consider. First, the City has adopted no policy with respect to lot coverage for a principal residence on lots exceeding two acres. ks • 'was--the- case,.- in - 1987., and is . still true . today,, these improvements could have been made to the principal structure. In 1987, Council did find sufficient hardship to merit approval of the Variances requested. I believe those hardships, set forth;in Resolution #22.04, still exist today. Based on the 1987 approval, the applicant constructed the building in accordance with the requirements and conditions. What we now have, as applied to this Variance, is a piece of property and improvements that comply with the Zoning Ordinance. Based on the action taken by Council in 1987, and what the applicant agreed to in 1987, with regard to restrictions, this property is now truly unique. The accessory building has been operational for two years, and there have been no adverse consequences to the neighborhood. We feel these factors need to be considered by Council wren they make their decision. - 6 - - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#4)ZONING FILE #1629 - MCNULTY CONSTRUCTION CONTINUED We would ask Council .t:-) also .consider the fact that the property owner has given - :p ;.substantial property rights. Restrictions have been recorded in the chain of title. The applicant has expen&.id substantial funds to construrt the accessory structure containing utility, security aad s:ipport facilities more than sufficient to handle this addition he is now proposing. It would place an unnecessary financial hardship, as well as an environmental burden on the property, if the applicant has to duplicate those services should he choose to put the 1,190 s.f. addition on the existing home. Another issue for consideration is that given this property, ._n its present condition with the oversized structus -e already permitted, it seems to me that special conditions applying to the property are definitely peculiar to this property and do not apply generally to any other lend or structures in the District, in which this property is located. That is based on, what has been done. 'i In summary, hardships are very difficult. It seems to me that the basic thrust of the applicant's position is that there should be consistency and uniformity of; application to the Zoning Ordinance to a particular piece of property. That consistency and uniformity does point to the Council's approval of this minima;. Variance that the applicant is requesting." Taylor noted an error he believed to exist on page five of the proposed- resolution whe: -e it stated in paragraph nine that the actual floor area of the sports center is 15,836 s.f., rather than 13,836 s.f. It was ::loved by Butler, seconded by Jabbour, to adopt the Resolutic)n for denial is . presented by City Staff. Motion., Ayes -2, Mayor Peterson, Goetten, and, Callahan, Nay. Motion. failed. It was moved by Callahan, seconded big Mayor Peterson, to conceptually= appro- -e the Variance request i:o construct an addition to the existing sports center. Staff is d=irected to prepare an appropriate resolution for Council's consideration at their Mlay 13, 1991 meeting. Motion, Ayes -3, Butler, Jabbour, Nay. Motion passed. } ( #5)ZONING FILE #1634 -JAMES & JOAN MAUS 3700 BAYSIDE ROAD VARIANCE- RESOLUTION #2954 Jim and Joan Maus were present. 3ernhardson s=ated that this application involves a request for a side setback Variance to construct an addition to the existing residence. He added that due to the location of the - 7 - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#5)ZONING FILE #1634 -MAUS CONTINUED adjacent rasidential structures, an average Lakeshore setback Variance must also be addressed. Bernhardson noted that the Planning Commission recommended approval of this application. It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #2954, granting a side setback and average Lakeshore setback Variance to constru::t an addition to the existing residence of James aad Joan MMus, located at 3700 Bayside Road. All voted aye. Motion passed. ( #6)ZONING FILE #1636- STEVEN TIBBETTS 1810 SHADYWOOD ROAD- VARIANCE-RESOLUTION #2955 Stever Tibbetts was present. Bernhardson provided a :grief summary of the hardcover statistics for Mr. Tibbetts' property, as outlined in Jeanne Mabusth's April 11, 1991, memo. He note'' that the Planning Commission had recommended approval. It was mtaved b� Callahan, seconded b j• Butler, to adopt Resolution #2955, granting after -tho -fait hardcover acid side setback Variances for the construction of an addition to the principal structure of Steven Tibbetts, located at 1810 Shadywood Road. All voted aye- Motion passed. ( #7)ZONING FILE #1637- SPRING HILL 725 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT - RESOLUTION Jud Dayton was present, Mitchell. LAND COMPANY #2956 a.t= w 1.s his attorney, R.--)bert Bernhardson reviewed the i:,sues p.srtaining to this application as set forth in Jeanne Mabusth's memo dated April 12, 1991, and her additional April 1'3, 1991 comments based on the Planning. Commission's review. He stated that a question had arisen -at -the Public Hearing regarding whether or not the "For -_ _ profit" company wou.,d be able to operate and lease out other conference space. The initial opinion was that would not be allowed. However, either the Church or the Freshwater Biological Foundation would be able to do so. Bernhardson advised that Staff also learned that as long as the property is owned by a "for - profit" company, it will remain on the tax r:)lls, e-ven though the property will be leased to non- profit organizations. Bernhardson asked Mabusth to clarify t ee issue of legal combination of the parcels involved with the Conference Center. Mabusth confirmed that the applicant has agreed to legally combine the parcels on which the Conference is located. She noted that an amended letter, has been received f:com the applicant's attorney setting forth the revisions deemed necessary ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 ( #7)ZONING FILE #1637- SPRING HILL LAND COMPANY CONTINUED by the City Attorney. Bernhardson advised t: -tat the Planning Commission hzd recommended approval of this application. Butler referred to a .letter dated January 28, 1991, signed by Mike Brady, that included language pertaining to an option for the Woodridge Church to purchase the Conference Center property. She asked if that is in fact an option. Mabusth explained that the Woodridge Church had initially submitted a Conditional Us..-;: Permit Application requesting the use of this property. She stated that application was withdrawn because Sprin, Hill. Land Company is the owner_, and therefore, the appropriate applicant to make such a request. Jud Dayton informed Council that there is no option to purchase available to Woodridge Church and that the agreement with the Church does not include that option. It was moved by Butler, seconded by Goetten, to adopt Resolution #2956, granting a Conditional Use Permit to Spring Hill Land Company to permit Woodridge Church to use portions of their existing Conference Center. All voted aye. 'Motion passed. At 8:02 p.m., Mlayor Peterson opened the Public Hearings for Agenda Ite is 08 and #9. ( #8)ZONING FILE #1623- KEENAN RICHARDSON 2500 WOODHAVEN DRIVE CONDITIONAL USE PERMIT- RESOLUTION #2957 Keenan and Jean Richardson were present. Bernhardson e plained that -a similar Conditional Use Permit request hi--id been received and granted for Dr. Richardson's neighbor, Kim Edwards, two years ago. He said, "The fill has been hauled J.n and is presently located on Dr. Richardson'. s property. It is my understanding that it has n.--)t yet been spread out aad leveled. There is a question about a penalty fee for the after - the -fact nature of this application. ". Callahan asked Gaffron to elaborate on the application involving Dr_. Keenan's neighbor.- Gaffron explained that a significant amount of fill had been hauled in for the Edwards property in order to raise the level of the ground. He said, "This neighborhood is very flat, and drainage is slow. Some of the fill brought in by Dr. Richardson will indeed help to protect his neighbors septic system. • The City Engineer has reviewe=d' this situation and does not feel that the added fill will create'drainagel problems for any neighboring - 9 - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#8)ZONING FILE #1623 - RICHARDSON CONTINUED properties. The drainage will continue t:-) the e_- st t,� a wetland." Callahan asked if each neighbor on Woodhaven Drive would have to come to the City for a Conditional Use Permit to correct drainage problems that may occur if each neighbor feels it.is necessary-to haul in fill; in other words a domino effect. Gaffron stated that the City Engineer did not believe that would occur. Goetten asked whether the filling will actually improve the drainage the situation. Jean Richardson e.:plained, "We have been advised to g-_ade the fill and slope it slightly between the two properties. Right now' that a .ea is s::) low, water just sJ_ts there. The fill will increase the elevation and grading will provide enough slope to allow the drainage to flow from the property." Gaffron added, "One could also argue that that should have been done by Mr. Levering when after constructing Dr. Richardson's house. obvious back in 1983 wren drainage questions H neighbors Tne grading. iss:ie was neve=r satisfaction of anyone." this is something he graded the lot This issue was rere raised by the resolved to the Keenan Richardson s=ated that the area of stagnant water is not only ugly, but poses a potential health problem. He said, "It is my understanding that, although this pre -dates my, ownership of this property, that th_s ponded area of standing water has been pj.ng- ponged nick a--ad f��rth between these two properties. The City Engineer agrees that what we are now doing will channel the water back into the wetland area. It is on that basis that we would ask Council to reconsider the after -tho -fact penalty fees. T "ae. City Engineer approved the proposal back in 1935 which caused the run -off to drain-onto my property._" . _ It was moved by Callahan, seconded by Jabbour, to adopt Resolution #2957, as presented by Staff, granting a Conditional Use Permit for approximately 500 cubic yards of fill within the front yard of Keenan and Jean Richardson's home, located ;it 2500 Woodhaven Drive, and including payment of penalty fees. All voted aye. Motion passed. - 10 - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#9)ZONING FILE #1626 -TIM TRAFF 2683 NORTH SHORE.DRIVE VARIANCE Tim Traff was present, as, was James Mitchell (Mr. Traff s neighbor) and his Attorney, Robert Mitchell. Bernhar&,on e::plained the issues involved with the Traffs' request to remove an existing residential structure, and construct a -iew home (.see Michael -Gaf fron' s April 17, 1991, memo) . He advised that thy_; Planning Commission had recommended approval of the lot area and . lot width Variances, but recommended, three i;o one, ';o deny the side yard setback Variance. He said, "Subsequent to the Planning Commission meeting, the applicant revised h _s house plan and reduced the east side yard Variance from seven feet to five - and -a -half feet." Gaffron stated that Robert Mitchell had submitted a letter this evening, on behalf of his client, Jim Mitchell, that requests an agreement for additional screening. He asked Bob Mitchell if he would elaborate. Bob Mitchell showed the Council pictures of Jim and Pat Mitchell's house in relation to th; Traff property acid the existing landscaping between the two properties. He said, "The new ho:�e proposed by the Traffs will be locate=d nearer to the Mitchell's home. Wm: do not feel it is unreasonable for there to be some additional landscaping to serve as a buffer." He showed a proposed landscape plan, depicting the location of trees that the Mitchells intend to plant on their side of the property line, and those the Traffs would be asked to plant on their property. Bob Mitchell stated that he has not seen a revised survey of where the Traff home would be located in order to require only a, five and a half foot Variance, rather than seven. He added that the Mitchells are amenable to the Variance request if'the Council requires the Traffs to provide additional screening. Tim Traff slowed s::etches of t:ze proposed house as originally planned, and as revised. He noted that the.house will now be moved back and will face the lake rather than facing the Lacy house, which will move the house off of the :30 foot side setback line from the Mi.tchell's property line. Traff stated that he has tried to work with the City, and not only reduced the side setback Variance, but moved. the house back to meet the average lakeshoLe setback. He added that having to, angle his house in such a fashion where it would not face the lake, would compromise, the integrity of the house and future value. He advised that he had consulted several architects and contractors who indicated that theme is little that can be done with the existing 50 -year old home. Traff said, "Granting a five and half foot side setback Variance will allow proper proportional dimensions for a conservative home to be constructed. The home will reduce hardcover on this property and will be further from - 11 - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#9)ZONING FILE $1626 =TRAFF CONTINUED the Lacy property line than the existing home." Traff stated that he had been approached by Jim Mitchell at 6:30 p.m. this evening and he was asked to plant pine trees that would cost between $5,000 and $10,000. He said, "Obviously new construction is going to involve some plantings. I think it is unfair at this point to ask me to make a $10,000 commitment for new plantings and h-.ve t.-iat contingent on approval of the Variances requested." Goetten asked Mr. Traff i he would be agreeable to providing additional screening after his home is constructed. Traff replied, "I do not think there is any question that there will be new plantings. However,, I am not asking anything from the Mitchells, and I :think it is unfair for them to put me in this position." Goetten clarified that her question was not in relation to the degree of planting requested by the Mitchells. She only wished to know if some planting would occur as the years go by. Mayor Petersen asked f.:)r clarification regarding the proposed deck shown in front of the house. Traff explained that the deck will be grade level, 'arid is therefore not a concern with the average lakeshore setback. The deck conforms to hardcover requirements and J_s entirely out of the 7 ` , foot setback area. Butler -noted t.aat i F this property was still under the guidelines f.or one -acre zoning, as it was when initially subdivided, the side yard setback would be 10 feet, rather than .30 feet. Jabbour stated . that he did not understand the basis for the Planning Commission's recommendation to approve a lot width Va. iance but deny a side setback Variance. It seemed to him that if a lot width Variance is requested, it is likely that there will be a Need for a ride setback Variance. He added that lot has a bottle neck shape. Goetten stated that, in her opinion, the new home proposed by the Traffs greatly improves the property from a hardcover and side setback standpoint. She believed that Mr. Traff had worked hard to find a house that would suite the property, and had compromised on the location. Jabbour stated that he did not believe Council could dictate the number of trees Mr_ Traff is to plant. He asked Mr_ Traff what he intends to do for landscaping. - 12 - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 ( #9)ZONING FILE #1626 -TRAFF CONTINUED Traff replied, "One of the compromises I reached with the Lacys was that trees would be planted on their side since the new home would be more closely located to their property. I think it is fair to say that trees will be planted between the Mitchell and Traff house." Bob Mitchell said, "Mr. Traff has cut a deal with the Lacys involving additional screening. It is customary for agreements to bia required in light of granting Variances. There is nothing to say otherwise that Mr. Traff could plant trees 10 years from now. Council requires landscape plans with commercial s-_te plans. We are asking Council 'to set some minimum standard for landscaping so we have an understanding of what the degree of screening between Mitchells and Traffs will be." Goetten indicated that, as she understood it, Council did not have the authority to specifically require someone to plant a certain number of trees. Bob Mitchell disagreed. Jabbour asked Barrett for his opinion. Barrett said, "My opinion differs from that of Mr. Mitchell, in t:zat t:ze Mitchell property is nat affected by this application. I do not understand what the basis would be for including additional requirements or conditions." Bob Mitchell replied, "The lot is supposed to•be two acres in size and the width should be greater than it is at that point. The existing house is way over on the other side. The new' house will be much larger and closer to the Mitchells' property line, and the negative impact on their house is much more severe. Mr. Traff has already agreed to provide additional Landscaping in exchange for the Lacys' approval of his plans. I do not think it is unreasonable to a.sk for a -.,imilar arrangement with t:ze Mitchells." Bernhardson stated that if Council conceptually approves th -is application this evening, the resolution would be brought forward at the May 13t.h meeting. He suggested that would provide an opportunity for Mr. Traff and Mr. Mitchell to mutually agree on a screening plan. Council agreed that Mr. Traff could take that opportunity if he wished, but that it would not be required. It was :roved by Goetten, seconded by Mayor Peterson, to conceptually approve the side setback, lot area and lot width Variances to construct a •zew home at 2683 North Shore Drive. Staff is directed to prepare an appropriate resolution and . - 13 - ORONO CITY COUNCIL MEETING•HELD APRIL 22, 1991 ' (#9)ZONINGFILE #1626 -TRAFF CONTINUED present it to Council at their M,ay 13, 1991, meeting. All voted aye. Motion passed. Mayor Peterson closed the Public Hearings on Zoning File #1623, and #1626, at 8:39 p.m. ENGINEER'S REPORT: (#10 *)REQUEST FOR PAYMENT #6- PUMPHOUSE #3 At Mayor Peterson's request, Council voted to add this item to the Consent Agenda. It was moved by Butler, seconded by, Mayor Peterson, to approve Payment Request #6 in the amount of $29, 925.00, to Richmar Construction for the Pumphouse #3 project. All voted aye. Motion passed. MAYOR /COUNCIL REPORT: Councilmember Callahan stated that he had a:z item he wished to discuss before proceeding with the numbered items under the Mayor /Council Report. He said, "The next item on the Agenda is the Planning Commission appointments to fill tWO existing vacancies. At the present time, the City's Ordinance pj- ovides that- the Planning Commission terns are to be for three years, staggered. I would like to make a .notion that we amend that Ordinance prior to filling the vacancies so that the term will be for one year, and that each of the succeeding terms, as they come up, will. also revert }o one year. The reason I am suggesting to. make such a motion is that it appears to me that we have a somewhat serious condition with the- Planning Commission on a broad, administrative level. That is my own personal opinion. It appears to ::ie that there has developed a serious amount of antagonism between the Planning Commission and Council. The Planning commission has an institutional, as opposed to an individual, view-, that the removal of the Council, that is the somewhat idiotic. and cowardly Council,. by the Planning Commission would lead t-o a much batter administration of the City.. . I have . also h <<d the ,feeling that there were a few membe:-s of that Planning Commission who felt that tizey would be willing to step in if forced to take that position. I have this feeling because I remember having been at a meeting of th-; Planning Commission and Council about three years ago where that feeling was expressed rather forcefully by the members of thy.=_ Planning Commission who we;-e there. I have not seen anything in, the change of the membership of the Planning Commission which makes me think that feeling has changed. I also have that feeling because I have heard members of the Planning Commission, , within -this current year express vie-ws, about the competence of the Council, on,certain matters, in language which - 14 -.. ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 MAYOR /COUNCIL REPORT CONTINUED does not s:iggest to m•a that common sense was being applied by those who were using it, whether or not the question that they were addressing was correct, which leads me to believe that. I have the feeling, from having listened to an abbreviated report of the discussions between the Planning Commission and members of the Council at the lase Planning Commission meeting, that feeling has not gone away. It also seems to ma, and I may bra wrong, that there is a split personality within the Planning Commission. If it is not precisely true that you get a different result, depending on when you appear before the_ Planning Commission, it is true that you at least would get treated in quite a drastically different way, and you might benefit simply from having* your matter tabled in hopes that another group of Planning Commission members were present'at that next meeting. I am also aware, at least it has been suggested by ..some' members of the Council, and certainly the suggestions in the various documents we get al-e such, that we are considering a change in the function of the Planning Commission. The City of Plymouth is having a deal of difficulty i1 their attempts to change termms after an election. With a stagger-ad board on the Planning Commission, in order to effectively change the make -up, or tenor, of the Planning Commission, if Council so wishes, would prove extremely difficult and would take three years. If we change the Ordinance to provide a ono -year term, during which time the Council addresses these matters, Council could make changes in the Planning Commission, effectively. If my view of the Planning Commission is correct, and it isn't . to say that I object to individual decisions that they make about zoning, I am at a complete loss to understand why we would went to have an advisory body whose view of us was that it would be better if we went away and d _ed quietly. And that it we were unfortunate enough not .o follow the recommendation, which they absolutely feel a.-.-e necessary, that we should perhaps be shot -at sunrise. Even though I do not believe -that it _s necessary . for the Planning Commission to be 'yes people', I still don't believe that we should have a group that does not have anything in common with the way that we run the City. I think if we make .this change, we would be able to consider those problems. and-deal with them. Otherwise, if we elect people for three -year terms tonight, we will be very awkwardly placed, at least politically and practically, to do anything about it. I would like to say, and this contradicts some of my earlier negative comments about the Planning Commission, that I 'think the. Planning Commission does extremely good work. They work as hard as they can and their zoning decisions are well thought out and conceived, with the exception of this split personality. It would be hard to do other than praise them for the work they did - 15 - . e ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 MAYOR /COUNCIL REPORT CONTINUED in connection with H4.ghway 12. However, something is wrong here." It was moved by Callahan, seconded by Butler for the purpose of discussion, to amend Ordinance Number 31, Second Series, to reflect a change in the Planning Commission term from three years to one year. As each of t' three -year ter ms :_n progress terminate, each shall revert to a one -year term. Butler stated that at the time* she was serving the City, there were problems with the Planning Commission and the Council at that time had difficulty addressing the problems because the terms were for three years. She stated that at times a Planning Commission member would disagree more with a Councilmember's personality, than philosophy or principle. She said, "Personal confrontations are very distasteful and discomforting. Whether we agree on philosophy or principle is neither here nor there, it is part of the process. However, as a team, we are all supposed to be on the same side, and even if you have a personality conflict, you keep your mouth shut." Goetten stated that she agreed with Callahan and commended him for his efforts to bring this issue to a head. She said, "I do not mind someone calling me up or politely talking to me on the s�.de if they disagree WI th m::. However; I do not like to be pointed at or judged in public. I do not believe that it is the Planning Commission's role to do that to anyone. We need to have the support from our appointed bodies. I am very happy to support Councilmember Callahan's motion." Jabbour asked Barrett what procedure must be undertaken in order for Council to pass an ordinance amendment. Barrett stated' that th.s issue involves the te.m of the Planning Commission members,' and is not governed by the Statute, but is a matter of Government. Ordinance. He stated that only zoning changes require a Public Hearing before the Planning Commission. He said, "Council 4 _s free this evening to propose and adopt, effective immediately, an Ordinance which would govern this issue." Jabbour stated that, in his opinion, the problems that have arisen are' not out of a lack of care, but o;rer- caring. He said; "I• think everyone -is working very hard. I am particularly appreciative of the last Planning Commission meeting pertaining to the Highway 51.2 issue. However; I concur wholeheartedly with Councilmember Callahan." All voted aye. Mc:tion passed. (#11)PLANNING COMMISSION APPOINTMENTS Mayor Petersen thanked all of the applicants who expressed interest in this appointment and went through the process. She said, "I would like to extend my personal thanks for the time and effort that these gentlemen put forth in preparing for these interviews." It was moved by► Jabbour, seconded by Mayor Peterson, to appoint Edward Cohen to serve a 'ono -year term as a Planning Commission member. All voted aye. Motion passed. - 16 tv l 1 . . . ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 ( #11)PLANNING COMMISSION APPOINTMENTS CONTINUED It was moved by Goetten, seconded by Mayor Peterson, to appoint Charles Schroeder to the Planning Commission for a term of one year. All voted aye. 'the passed. Planning Commission member Cohen asked for clarification of the basis for Callahan's motion. Callahan, Jabbour, and Goetten reiterated their points made during this discussion and motion to amend the length of the term for Planning Commission members. Mayor Peterson stated that she wanted to make it very clear that the Council was not being critical of the Planning Commission's work. - Jerry Rowlette, Bayside Road, stated that he was stunned to hear what the Council had just passed, and d.id not feel that sufficient basis for such a decision was discussed. Curt Quady stated that he agreed with Council's action. ( #12)JOINT COUNCIL /PLANNING COMMISSION MEETING Council agreed to s^hedule a Joint Council /Planning Commission Meeting for Tuesday, May 21, 1991, at 7;00 p.m. ( #13 *)PROCLAMATION WESTONKA SENIOR CENTER WEEK RESOLUTION #2958 It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #2958, proclaiming Westonka Senior Center Week May 6th through May l0t.h. In addition, Council commends the senior citizens on their achievemen-;.s and contributions to the community. Additionally, the Council commends the staff at the Senior Center for their efforts and commitment. All voted aye. Motion passed. OTHER Councilmember Goetten referred to a letter that had appeared in the latest issue of "Cities_ Bulletin ", asking that cities support the Beady Bill. Sa.e said, - "I have discussed this with Mark Bernhardson and he had some suggestions, if Council would like to approve this letter. Even though we are not members of • the National. League of Cities, we are members of the League of Minnesota Cities. If we do chose to approve this, that it should go to our Congressional Representatives and Senators. I hope you will support this." It was moved by Butler, seconded by Goetten, that Council adopt Councilmember_ Goetten's suggestion, using the City's official letterhead and signature of the M ayor announcing to the National. League of Cities that the Orono City Council wishes to be included among the elected mayors, city councilmembers, and county officials across the country who endorse the letter to Congress jointly sponsored by N.LC,-USCM, and N.tkCO urging Congress - -17 - L ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 MAYOR /COUNIL REPORT -OTHER CONTINUED to pass the Brady bill. All voted aye. Mc-tion passed. Goetten asked for a progress report regarding the plaques for the City's former elected officials. Mayor Peterson stated that she is in the process of sending letters to Mme. Grabek and Mr. Nettles, asking them to came forward and be recognized by the City. CITY ADMINISTRATOR'S REPORT: ( #14 *)JOINT USE DOCK LICENSE 3995 NORTH SHORE DRIVE RESOLUTION #2959 At the request of Mayor Peterson, Council agreed to add this item to the Consent -. Agenda. It was moved by Butler, seconded by Mayor Peterson, to approv:7� a 1991 Joint Use: Dock License for Sandy Beach Shores, subject to the condition that during the current license period, the City reserves the right to require a reduction in the number of licensed slips commensurate with any reductions of habitable dwelling units which may occur during the license year. All voted aye. Motion passed. ( #15)STUBBS BAY SEWER Bernhardson re=ported that with respect to the situation involving the Ziesmers, Michael Gaffron has prepared information regarding the use of modified trench system as, an interim solution. The estimated cost of this system would be $2,000, and would be less expensive than pumping over a 1h to 2 year period of time. Bernhardson stated that the second issue involved with this project is the formation of a :citizens committee as suggested by Councilmember Callahan. He added that Mike Gaffron had -met with Dave Peterson, who had discussed this issue with some :.)f the Stubbs Bay residents. He said, "Mr. Peterson has indicated that people are interested in the project, but it is__, obviously an issue of cost: John Burger is also interested in seeing the project proceed and has expressed his willingness to serve and the citizens committee. Staff is recommending that we proceed with the formation of the citizens committee, and we will bring back the membership at the May 13, 1991, meeting. From the information outlined at the April 8, 1991, meeting a draft charge will be prepared indicating what recommendations Council would like to receive from the citizens committee. S::aff.*would also recommend that the citizens committee be given a four to six week time period in which to make their recommendation." He asked Gaffron to elaborate on the issue involving the Ziesmers. Gaffron showed a sketch of the modified trench system he is proposing as`an alternative for the Ziesmers until a ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (15)STUBBS BAY SEWER CONTINUED determination is made regarding the sewer project. He said, "Th_s shou d provide so:-.1e relief to the Ziesmers. It may take all of their waste load, it may take the line's share of it. I do not think, o:'1 a short-term basis, that this will pose any pollution hazard. It is similar to systems on either s_de of this property which seem to be working well." Goetten agreed that she would like to see a -temporary solution made available to the Ziesmers until a decision is made. Jabbour asked if Council action is necessary to approve the modified trench system for the Ziesmers. Gaffron explained, "There is a septic code Variance involved because it does not strictly meet the code.standards." It was moved by Callahan, seconded by Mayor Peterson, to conceptually approve the idea presented by Michael Gaffron, and direct Staff t .:) prepare the necessary resolutions or documents setting forth the specific conditions of approval,.and making it clear that this is only a temporary solution. All voted aye. Motion passed. With regard to the establishment of a citizens committee, Jabbour staged that he had an opportunity to talk with Sherokee -1se about chairing the committee and she declined the offer. Mayor Petersen asked Dave Petersen to elaborate can his meeting with some of the Stubbs Bay area residents. Dave Petersen said, "•7e d'-d have a meeting, but I also individually contacted some of t:ze re- sidents t'nat had n•at completed the survey sent out by the City. Generally speaking, everyone that I contacted all agreed that the project is needed, and desired to have sewer, but did not know how to pay for it. Most slated that they did not want to commit to anything until they had all of the facts and options." Jabbour stated that iin his opinion, the question is. not whether there will be a project, as much as it is there will be a project, but how much will it cost. Goetten agreed that it may . be more effective to have .residents talking with residents rather than having City officials talking with neighbors. Marie Zi.esmer asked what it i:, Council would like the citizens committee to accomplish. Dave Peterson stated that the residents with whom he. had spoken had wanted to see alternate methods of financing 19 - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#15)STUBBS BAY SEWER CONTINUED presented. He said, "I would like to see the committee put together some option that would constitute a general consensus and then present that package to the residents, and see !if we can't meet half way. Callahan stated that the cost is an important factor, but before that i.s determined, it i_s necessa_y to determine: what areas will be included in the project. Jerry Rowlet::e asked if the Sta,:e has established any =specific time frame by which Lakeshore properties milst b--� sewered. Goetten stated treat the City's Comprehensive Plan I cites Stubbs Bay as the last lakeshore area to be sewered, but does not set forth a time frame. Lee Harren, 175 Landmark Drive, stated that he supports the sewer project a;.-id believes that sewer should be installed, but the City should e::amine what properties are to be included and which are to be excluded. He said, "I was in the same position as the Z i esmers, eXcept that I decided in March, 1989, to have a mound system put in, because I was told that_ I deal not have any alternative. I am within the area set forth in the Comprehensive Plan as needing sewer, but my property does not need sewer.; I am raying that sewer is a good idea, but those of us with two -plus ac; _e loss and new existing mound systems need alternatives and some flexibility." Jabbour suggested that those people that have already been actively involved with this project would make ideal members for the citizens committee. John Burger asked for the opportunity to comment. He!' said, "In the State Legislature, where I spent considerable time in recent years, there is an anti _T Minnetonka attitude.; I am afraid that if we do not exercise our judgment -and do the things that need to be done, that someone else will be telling us what to do. The attitude is that nothing is too expensive for people that live on Lake Minnetonka, or too unfair, as long as Lake Minnetonka people pay for it. I cannot document this, but.'I can tell y1ou ghat t:aere will be, actions taken, bocause' Lake Minnetonka is becoming a more Statc -wide resource. If �Ie who live out here want to have anything to say about it all, we had better start talking. I urge the Council and Staff to do whatever is necessary to get this sewer project done. We all know that it needs to be done, and that things are not going to get any less expensive. I -am willing to help and will do anything that I can." Mayor Peterson suggested having Dave Peterson and John - 20 - .. ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 ( #15)STUBBS BAY SEWER CONTINUED Burger serve a:3 co- chairs of the c�.tizens committee. Burger stated that he preferred t:o have Dav;: Petersen as chairman. Mayor Peterson suggested that Mi•. Burger could serve as Vice - Chair. She asked Candace Rowlette, the Ziesmers; John Thiesse and Lee H_irren if they would also serve. She asked Gaffron what he woo .d consider `co be a reasonable time period for the committee to form a recommendation. Gaffron indicated that six weeks :o two months should be sufficient. It was the consensus of Council that the committee should revie,w background information, provided by Staff, and work with the residents to get their input regarding the extent of the area and their opinions for financing. Mayor Peterson asked Gaffron if hzi would prepare as information packet for t:ze committee members. Council agreed that the committee should provide Council with their findings by July 1, 1991. ( #16)CITY FACILITIES Bernhardson presented Council with updated information that had been given to the facilities committee, including the project schedules, two of which involve a. referendum. He also provided Council with additional information related to potential lease purchase. It was moved by Mayor Peterson, seconded by Goetten, to accept the information presented by Staff and table this matter until--receipt of recommendations from the Facility Committee and Planning Commission at Council's May 13, 1991, Council meeting. All voted aye. Motion passed. ($17)LMCD COMPREHENSIVE PLAN Bernhardson provided Council with a :summary of the minutes prepared from the Mound LMCD meeting held April 18th. He also presented a draft of principles that may be used to indicate what the 14 LMCD communities feel- '.t'ie - bas .s of tiie LMCD.'s comprehensive plan should ba. He asked Council for their comments on that draft, stating that revisions could be made before the document is distributed to the other communities of the LMCD. Bernhardson added that Staff has been progressing on the shoreland regulations. He said, "The Metropolitan Council has re- drafted the original LMCD shoreland agreement that takes the LMCD out as the overseeing • agency and puts the DNR in with the LMCD as being the grant recipient and participant J_n that process. There are some issues that need clarifying with respect to what effects that change may have, and what rights the City may have following the LMCD's shoreland regulations, versus their rights if they part from that and proceed separately. I hope to have that clarification within the next few days. Mike is continuing to work on the shoreland regulations. If there is any ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 ( #17)LMCD COMPREHENSIVE PLAN CONTINUED change at this time as to how we proceed oii the shoreland regulations, we can either proceed jointly with the LMCD, or with DNR in this umbrella organization, we can try to get a separate grant, or just proceed separately and not obtain a grant." Jabbour sated tilat he had a:-.tended the April 17t.i LMCD meeting. He indicated that he was pleased with the efforts JoEllen Heirr put forth on Orono's behalf. He also stated that, in his opinion; Orono is quite a few steps ahead of some other lakeshore communities, and that it would be detrimental for Orono to wait for those communities to catch up. He said, "I also believe that Orono is going to have to deal with the DNR in respect to the remaining cities. The City will have to expend an enormous aaount of money and effort out of our budget, in light <)f the new Technical Advisory Committee, so they can sit down and get all the cities up to speed." Callahan commented that the discussion that is taking place among the 14 cities regarding the shoreland regulations is a pure waste of everyone's time. He said, "However, the other cities do not seem to realize that. T'iey might as well stop talking about the LMCD and start talking to the DNR. When they get around to that, they can make all their objections to the DNR. I have serious reservations about joining the Technical Committee, though we do not need to decide that at this moment. I also agree that we ought to get our view of the shoreland regulations decided upon and proceed. I believe that Councilmember Jabbour agrees with that." Jabbour did agree and said, "We would end up having a sample Ordinance, showing what we think should be done." Callahan said, "The DNR i,3 haping that the Technical Committee will be formed and will have veto power over what the other cities are doing. However, that h =:s not Y �t b�Ren determined. In other words, if Spring Park did -not agree with something- we were doing in- o-ur -- shoreland management,. then they .- would have veto power over that, and so on around the lake. It is d-'.fficult for me to think of the t.I.me wasted by getting involved in a struggle with any other lakeshore community over their ordinances.. I izave severe reservations about the plan that they are adopting, let alone the legal consequences of the plan, which they think it has." Callahan suggested that the draft of principles be finalized (correcting spelling errors, as noted by Councilmember Goetten), and teen sent to the 14 cities with a letter stating that it represents, Orono's ideas. - 22 - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 LAKE MINNETONKA -OTHER Jabbour showed pictures he had taken o.`_ Styrofoam debris floating i^ Lake Minnetonka. Jabbour said, I took these pictures after receiving a :all from a concerned citizen. I advised this person to also call the LMCD and report the debris. We found out that t.here is a .loophole and that none of the agencies want to do anything about th-.s continuing problem. Finally this person called the P -CA. The PCA indicated that they were aware of this problem and they had contacted the LMCD. The LMCD told the P';A that the Styrofoam debris was left from ice houses. Which is incorrect n this case. This man was furious at the rcin around h,a w :,s getting. I called the LMCD and suggested that they attempt to do something about this problem. Two hours later I _received a call from the Minnetonka Boat Works asking niie why I was doing this, and stating that neithar the LMCD, nor the DyR has any jurisdiction to do anything about the Styrofoam. I was told that the LMCD and D.NR have nothing in their code prohibiting Styrofoam docks. I nave a very hard time understanding how people are not allowed to thro�7 a cigarette butt out the window of their car, but can litter L•:?.ke Minnetonka. I would like to know who decided that. Lake Minnetonka is to be a sanitary landfill. I did send photographs of the debris to the LMCD." Jabbour stated that algae grows on the Styrofoam portions of these docks and the ducks chew it off.. He suggested that it may be necessary for'the City to pass some ordinance to regulate this type of dock. Goetten s=ated that this is. another reason for re- instituting a Marina Committee. Jabbour s=ated gnat JoEllen Harr had indicated her frustration with the fact that several marinas have not yet applied for their licenses for this year. Goetten stated that she is also concerned about the .use, of chemical fertilizers around the lake, and would like the City Council to address that issue. Candace Rowlette advised that there are now lawn fertilizin,�r companies that are using natural and organic materials.. Goette:l believed that it may only be necessary for the City to educate the residents on the hazard of using non- organic chemicals and most residents would seek alternatives or their own. ( #18)CITY COMMUNICATIONS It was moved by Jabbour, seconded by Mayor Peterson, to table this item. All voted aye. Motion passed. - 23 - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 ($19)POLICE CHIEF SELECTION PROCESS It was -moved by Mayor Peterson, seconded by Goetten, to appoint Sat:1e an:3 Associates with a contract to be negotiated including a timetable and twat t.ais b,�) reviewed by Council informally, and if acceptable, this person will be directed to undertake the process. All voted ave. Motion passed. ( #20)POLICE PERSONNEL EMPLOYMENT Bernhardson said, "With the resignation of Mark Moran, we have a vacancy within the Police Department and would like Council's permission to s-)licit applications for a patrol officer. We are expecting that temporary, full -time Officer Roberts may be leaving f-or another position, and until Officer Dembouski returns from the Army Reserves, we will still be short a.n officer. W-.- would like to hire a patrol officer and delay appointment of a Lieutenant position until the new police chief is on board. Jabbour asked wry t:ze City could not offer the patrol officer position to the temporary officer, adding that if he is good enough for part -time work, he should also be qualified for full -time employment. Bernhardson explained t::iat full -time of ficers a�:e hi.red through the Minnesota Police Recruiting Systism i.n order to protect the City and avoid a discriminatory hiring process. He said, "The Minnesota Police Recruiting System includes specific testing for the officers, and we would like to continue using this method for hiring. If we were to put aside this process of hiring;- we would see no problem with employing officer Karnitz full -time. We have no problems with Officer Karnitz. If he is the :top officer when we receive the names from the Recruiting System, we would probably hire him." Jabbour asked Bernhardson to make sure that officer Karnitz understands the City's position. Go,etten suggested that it, may be appropriate to ask..Officer __ Dembouski, upon his return from Operation Desert Storm, to- attend a Council meeting to be recognized for his military contributions. It was moved by Callahan, seconded by Jabbour, to authorize Staff -to employ an additional patrol officer to fill the total vacancy in the .force created by the resignation of Lt. Moran and defer decisions regarding appointment of, .3. Lieutenant pending the new chief's decision on how to proceed. All voted ave. Motion passed. ( #21)PUBLIC SAFETY SERVICE DISCUSSIONS Council accepted the information presented by Bernhardson regarding potential discussions with the City of Long Lake - 24 - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#21)PUBLIC SAFETY SERVICE DISCUSSIONS CONTINUED pertaining to Police and Fire services. Council took no formal action. ( #22 *)1991 SEWER AND WATER RATE STUDY At the request of Mayor Peterson. Council agreed to add this item to the Consent Agenda. It was moved by Butler, seconded by Mayor P.-:terson, to table further consideration of water and sewer rates until Council's May 13, 1991 meeting. All voted aye. Motion passed. ( #23)STRATEGIC PLANNING Mayor Peterson asked if the Planning Commission had reviewed the 1991 Strategicc, Plan. Mabusth advised that Planning Commission members had reviewed the 1991 Strategic, Plan and had nothing further to offer, other than the recommendation to proceed with the Plan as shown. It was moved b% Jabbour, seconded by Mayor Peterson, to adopt the 1991 Strategic Planning document :o serve as a guide for Council and Staff during the balance of.1991. All voted aye. Motion passed. ( #23A *)1991 SOLID WASTE AGREEMENT - HENNEPIN COUNTY At Mayor Peterson's request, Council agreed to add this item to the Consent Agenda. It was moved by Butler, seconded b1• Mayor Peterson, to approve the attached Solid Waste Agreement wit<<'Hennepin County for 1991. All voted aye. Motion passed. ( #24 *)WEIGHT RESTRICTIONS REMOVAL 1991 It was moved bv Butler, seconded by Mayor Peterson, to authorize the Public Works Department to remove weight restrictions on °City street's effective M:iy 1, 1991. All voted aye. Motion passed. ( #25 *)COMMUNITY SERVICE OFFICER APPOINTMENT It was moved by Butler, seconded by Mayo• Peterson, to appoint David Nelson as— the primary part -time regular CSO effective April 15, 1991 a a wage raise adjustment from $5.304 per hour to $6.249 per hour; and that FICA and PERA contributions be withheld effective April 15, 1991, All voted aye. Motion passed. (#26 *)LETTER OF APPRECIATION -LT. MORAN It was moved by Butler., seconded by Mayor Peterson, to approve the letter being given to Lt. Mark Moran expressing the City's appreciation for his work with the Orono Police - 25 - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 ( #26 *)LETTER OF APPRECIATION CONTINUED Department. All voted aye. Motion passed. ( #27 *)MUNICIPAL BOARD PROCESS It was moved by Butler, seconded by Mayor Peterson, to acce�ot the information presented regarding the Municipal Board process. All voted aye. Motion passed. ( #28 *)HIGHWAY 12 /CITY POSITION It was moved by Butler, seconded by M-ayor Peterson, to accept the information presented by Mark Bernhardson regarding the Highway 12 Corridor Study process a:zd the City's position. All voted aye. Motion passed. (#29 *)STEP ADJUSTMENT -LIN VEE It was moved by Butler, seconded by Mayor Peterson, that, in light of Linda Vee's successful completion ..-)f h-er one year probation period, her'salary'be adjusted from Level 4, Step I; to Level 4, Step II, effective April 23, 1991. All voted aye. Motion passed. ( #30 *)STEP AJDUSTMENT -GREG PALMER It was moved by Butler, seconded by Mayor Peterson, that, in light of Greg Palmer's successful completion on his first year probationary period, his salary be adjusted to Step 2,. of Level 5, effective May 20, 1991. All voted aye. Motion passed. ( #31 *)STEP ADJUSTMENT -WAYNE QUAST It was moved by Butler, seconded by Mayor Peterson,. to recognize that Wayne Quast has completed his probationary period, and to adjust his salary to Step 4 of Level 8 effective May 27, 1991. All voted aye. Motion passed. ( #32 *)TEMPORARY EMPLOYMENT -PARRS It was moved by Butler, seconded by Mayor Peterson, to employ Erik Bowman and Mark McGlinsky as Temporary Parks Maintenance Helpers, ay a rate of $7.00 per hour, and $5.00 per hour, -respectively, effective - April 23,3 1991- A11 . voted .aye. Motion passed. ( #33 *)TEMPORARY EMPLOYMENT -GOLF COURSE it was moved by Butler., seconded by Mayor Peterson, to employ Robert McWhite as a Temporary Groundskeeper Helper for the 19'31 season at- a rate of $5.00 per hour, effective April 23, 1991. All voted aye. Motion passed. , - 26 - IE .4 ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#34)DOG REGULATION AND LICENSING ORDINANCE AMENDMENT #93 SECOND SERIES Councilmember Goetten had requested that th__s item be removed from the Consent Agenda for discussion. S:ie asked whose responsibility it is i;o pay far rabies shots administered by Reo -Raj Kennels to stray dogs that al-e picked up and brought in to the facility. Bernhardson replied, "Thy owner of the dog mist pay the rabies fee before their dog will be released. If the owner does not pick up their dog, the City must bear that cost. Mayor Petersen asked what the City is doing L-o' advise residents of'the hours during which they may pick up dogs from the Reo -Ra ;i Kennels. Bernhardson believed that information had been provided when license applications were mailed out the first of the year, but stated that he would confirm that. Jabbour noted that there may be a discrepancy on the license application relative to the time limit for which Orono requires that a dog be licensed, and the age at which-a dog may receive a rabies shot, which is required in order to license the dog. Bernha -rdson and Mabus t h indicated they wou- look into Councilmember Jabbour'st:,concern further. It was moved by Butler, seconded by Mayo:,,* Peterson, to adopt Ordinance #93, Second Series, ar -ilending Ordinance #50, Second Series and direct Staff to revise the license application. All voted aye. Motion passed. ( #35 *) ADMINISTRATOR' S INFORMATION It was moved by Butler, seconded by Mayor Peterson, to accept the City Administrator': Information regarding: Planning Commission Ordinance Reviews, Spring Hill R duction, Regulations of Clubs, Development /Medina, Dunwoody /Shoreline: - Drive, DARE Program Letter, Administrator's Goal Setting Status, February Receipts and Disbursements and Wire Transfers, All voted aye. ;lotion passed. CITY ATTORNEY'S REPORT: None. ( #36 *)LICENSES It was moved by Butler, seconded by M,iyor Peterson, to approve the following license(s): Solicitor's: Christine M. Herlofsky Sell Live Flowers, plants & cut flowers 2120 West Wayzata Boulevard - 27 - ' :r .y ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 ( #36 *)LICENSES CONTINUED ' Home Occupation: Dale Pfeilsticker 1830 Lakeview Terrace Garbage & Refuse: R & W Roll -Off Services 5525 County Road 50 Carver, MN 55315 All voted aye. Motion passed. ( #37 *)BILLS it was moved by Butler, seconded by Mayor Peterson, to approve payment of the All Funds Account. All voted aye. Motion passed. , EXECUTIVE SESSION City Attorney Barrett requested that Council adjourn to an Executive Session at 10:12 p.m., for the purpose of discussing pending litigation. ADJOURNMENT It was moved by Butler, seconded by Jabbour, to adjourn the Regular Council Meeting at 10:25 p.m.., All vote=d aye. Motion passed. AT S D. othy M(? allin, City Cler t f' 11 Barbara A. Pe erson, Mayor