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HomeMy WebLinkAbout10-27-1986 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 ATTENDANCE 7:00 P.M. The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Adams, Frahm, and Callahan. Councilmember Grabek was absent. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. City Engineer Cook and City Attorney Barrett were also present. CONSENT AGENDA* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the Consent Agenda* subject to: - Removal of Item #2 - Approval of Minutes (Callahan) - Removal of Item #27- Request for No Parking on County Road 19 (Frahm) - Adding Item #12 Big Island Board of Governors (Bernhardson) Motion, Ayes 4, Nays 0. APPROVAL OF MINUTES Councilmember Callahan wanted to amend the minutes to reflect that it was his recommendation that Mr. Wear's sign application be brought back to the October 27th Council meeting. It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to approve the Minutes of the October 13, 1986 Council meeting as amended. Motion, Ayes 4, Nays 0. LAKE MINNETONKA CONSERVATION DISTRICT REPORT -1987 LEGISLATIVE POLICY -LMCD STUDY UPDATE LMCD Representative JoEllen Hurr was present for this matter. She outlined the new legislative program's main issues: -The ability to issue permits for watercraft using the lake via Lake Minnetonka sticker. -The ability to control removal of dilapitated docks with assessment for removal against the property. - Requiring notice of any other agencies conducting research or proposing any project on the lake. -The ability to own and operate lawn facilities - Require cooperation with the DNR and other agencies that deal with the lake regarding funding of the water patrol and additional money from the County for maintenance of the lake such as rip rapping. - Discussions with the Met Council some more direct funding for study of accesses. 1 z � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 LMCD REPORT CONTINUED Hurr stated that they are working on an LMCD Comprehensive Plan. She stated that they are in the process of adopting an ordinance regarding footage of boats per watercraft availability unit. She reported that a lot on the North Arm is for sale by Hennepin County, which she is working to stop the sale of the lot. City Administrator Bernhardson stated that staff is also working to dissuade Hennepin County from selling the lot. METROPOLITAN WASTE CONTROL COMMISSION REPORT JoEllen Hurr reported that the MWCC passed an ordinance that SAC charges will no longer be collected if sewer is not available to that property. They are working on a refund policy back to the community. PUBLIC COMMENTS Newell Weed, 1385 Orono Lane, and Craig Moen, 1387 Orono Lane, were present. Mr. Weed submitted a letter requesting immediate consideration to close the end of Orono Lane and approve construction of a new entrance road to Orono Lane from Highway 15. As noted in the letter, they proposed the entrance be moved approximately 200 feet east of the present entrance and connect with the current Orono Lane approximately at mid -point or on the line between the See and Thomas properties. He noted that the current entrance is a blind corner and a very dangerous intersection. He stated that the proposed entrance would cross the property owned by Mr. & Mrs. Douglas Johnson and understands that the Johnson's would make this land available for this road if approved by the City. Councilmember Adams stated that having reported an accident at the intersection within the past year, he agrees that this is a dangerous intersection. Councilmember Callahan recommended that the City staff review the request. City Administrator Bernhardson stated that staff will work with the City Engineer and bring back a recommendation and costs to the November 10th Council meeting. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 ZONING ADMINISTRATOR'S REPORT: #968 JOHN B. IDSTROM* 2580 FOX STREET CONDITIONAL USE PERMIT RESOLUTION #2068 It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #2068 granting a conditional use permit for a driveway crossing the wetlands. Motion, Ayes 4, Nays 0. #967 JOHN B. IDSTROM* 2580 FOX STREET FINAL SUBDIVISION RESOLUTION #2069 It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #2069 approving the Plat of Beau Marais. Motion, Ayes 4, Nays-0. #1000/1009 WILLIAM WEAR 2160 WAYZATA BOULEVARD- VARIANCE Bill Wear and Jerry Rowlette were present for this matter. City Administrator Bernhardson explained the request for additional signage at Mr. Wear's shopping center located within the Highway 12 Temporary Limited Development Area. Zoning Administrator Mabusth reviewed needs as follows: Building Signage for 12 Uses = 288 12 Use Plaques on (2) Pylons = 225 Logo = 37.5 Time /Temperature = 21 TOTAL SIGNAGE AREA = 571.5 applicants signage s.f. (2'x12') s.f. (2.5x7.5) s.f. (5'x7.5') s.f. s.f. Councilmember Adams stated that he felt very strongly that the moratorium be lifted to solve the applicant's problem. In addition, he felt for this particular building, with two sides and two entrances, two signs were appropriate whereas normally one sign would suffice. Zoning Administrator Mabusth stated that staff, recommends reducing some of the signage areas on the building that may be wasting the limited area allowed. Example: Gas, oil, meats, milk, bread, etc. q MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 #1000 /1009 WEAR CONTINUED Mr. Wear stated that he did not feel he could ask the tenants to change their building signage at this point noting that the only tenant involved with this type of signage is the Little Oak store. Wear felt this request would be feasible at the end of their lease in three years on May 31, 1989. Councilmember Adams stated that he felt promotions should not be allowed on the signs. The building should not be used as a billboard in promoting product, only advertisment of business. He stated that he has no problem with the proposed 2 pylons with 6 plaques on each, subject to conformance with other tenants signage (elimination of all but tenant identifications) in 3 years. Councilmember Frahm suggested that Mr. Wear be allowed the 12 plaques in which to use any way they want because some tenants may not want or need a plaque. Mr. Roulette noted that if the tenants were required to remove the signage (gas, oil, etc.) from the building, the imprint of the sign would be left looking worse than left as is. He noted that all 12 tenants may not want street advertising. Councilmember Callahan stated that he felt the time /temperature portion of the proposed sign was unnecessary in that area. Mr. Roulette noted that the time /temperature was mainly an attention getter. It was moved by Councilmember Adams, seconded by Mayor Butler, to conceptually grant a variance to the Limited Development Ordinance moratorium and to direct staff to prepare the appropriate resolution for Council action at their next meeting. Motion, Ayes 4, Nays 0. It was moved by Mayor Butler, seconded by Councilmember Frahm, to conceptually approve the application as amended and to direct staff to prepare the appropriate resolution for Council action at their next meeting, this conceptual approval is subject to the following: 1. Both pylon signs conforming to identical size and construction within 6 months. 2. Tenants to conform to user identification only on building at the end of the current lease (no promitional advertising). 3. Limit one user per 2 plaques. Motion, Ayes 4, Nays 0. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 #1013 STEVE KATAINEN 3850 SHORELINE DRIVE FINAL APPROVAL OF COMMERCIAL SITE PLAN Steve Katainen was present for this matter. City Administrator Bernhardson explained the plan which was conceptually approved by the Council on April 14, 1986. Applicant has fulfilled all requirements. Zoning Administrator Mabusth stated that the only outstanding concern was the type of outside lighting proposed. Mr. Katainen stated that he proposes a light above each of the 3 side windows in the portico, 1 coach light on each side of the door and a light above the door, spot lights on the building facing the parking lot. He stated the type of lighting for the sign has not yet been determined. Zoning Administrator Mabusth noted that the spot lights should be directed to shine down. She stated that she feels assured that staff and Mr. Katainen can work together on the appropriate lighting. It was moved by Councilmember Callahan,.seconded by Councilmember Adams, that the Council approve the final and amended commercial site plan and preliminary building plans for Stephen Katainen for a proposed -- f- urni- t-ure- store,;�-.on the proper y` roc.ated at 3.850_ Shoreline Drive, subject to staff approving the lighting. Motion, Ayes 4, Nays 0. #1064 CITY OF ORONO SPATES AVENUE - LIFT STATION CONDITIONAL USE PERMIT City Administrator Bernhardson reviewed the issue regarding the requirement for conditional use permits for lift stations, an ordinance that has been on the books since at least 1968, however the City has never previously filed a formal condtional use permit application for construction of a lift station. When the issue was raised this year, staff had two courses of action to recommend to Council: a) obtain an after - the -fact conditional use permit; b) request an ordinance amendment to-delete a requirement never utilized. Staff chose the former as it felt that location review of such facilities is appropriately a land use issue. �1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 #1064 CITY OF ORONO CONTINUED Public Works Coordinator Gerhardson stated that they had a temporary construction easement for the lift station property, which expired June 30, 1986, and permanent easement papers are being processed. Councilmember Callahan questioned why the lift station location was changed. City Administrator Bernhardson stated that the original design of the sewer located the lift station on the south side of the road. Because of considerations related to the hook -up of the line on the south side and the potential delay to obtaining an easement on the south side, it was Council's decision at that time, to relocate the lift station on the other side of the street. Mayor Butler stated that the bottom line was that it was going to be cheaper for the City (taxpayers) to re- locate the lift station on the other side of the street rather than proceed with condemnation. Councilmember Callahan stated that even if the Councils' decision was correct, he felt there has been alot of loose practice as it relates to the easements. Mayor Butler stated that in light of the number of lift stations that the City has put on easements throughout the City, conditional use permits have not specifically been granted because the construction of the lift station had been approved and tacitly approved the location with the least financial impact. Dan Crear, 1980 Spates Ave., was present for this matter. He stated that at the time of this project he was temporarily transfered out of town and had let the City know that he wanted to be notified regarding anything that would effect him directly and he let the City know how to contact him. He said the original location of the lift station was presented at the Public Hearing and was never brought up again to be relocated. He presumed that the City would have the common courtesy to contact him regarding the new location. He stated that he has experienced a severe hardship by the lift station location. He stated that he occasionally smells sewer gas and it is noisy. He agrees that it may be unrealistic at this point to relocate the lift station, but believes the City owes him something for his hardship. Mayor Butler stated that at this point, the City needs to minimize the visibility and noise. A MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 #1064 CITY OF ORONO CONTINUED City Engineer Cook stated that the main issue in the location of the lift station was to keep it away from the busy intersection. He stated that the control panel of the lift station could be lowered one foot relatively easy. Mr. Crear stated that lowering it one foot would not solve the problem, it is still obscene looking and obstructs his view of the lake. He stated that the City handled the situation poorly and perhaps he should be compensated for loss of value of his property. Mayor Butler suggested that Mr. Crear make some suggestions regarding the preferable screening from his property. Mr. Crear and Public Works Coordinator Gerhardson recessed the meeting to discuss this matter. Councilmember Frahm stated that given the facts, he felt the conditional use permit requirement should be taken out of the ordinance. Councilmember Adams stated that he was concerned about making sure that these structures would.. -get consideration during the process of a sewer project. He stated that he was not aware of the size of the lift station. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the after - the -fact conditional use permit and that the City do everything feasible to properly screen the lift station from Mr. Crear's property and contingent upon obtaining a permanent easement. Motion, Ayes 3, Nays 0. Councilmember Callahan abstained from voting. Councilmember Callahan suggested that staff consider the problem of changing the ordinance and incorporating the location of lift stations within the sewer planning meetings. After Mr. Crear and Public Works Coordinator Gerhardson returned from their recess, Mr. Crear wanted to state for the record that he felt the City should compensate him. City Administrator Bernhardson and Council directed Mr. Crear to submit a notice of claim to the City. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 #1070 RICHARD RINEHART 985 OLD LONG LAKE ROAD VARIANCE Richard Rinehart was present for this matter. City Administrator Bernhardson reviewed the application for a side setback variance to allow construction of an attached garage to be 0.6 feet from the lot line noting the hardships to alternative locations. It was moved by Councilmember Callahan, seconded by Councilmember Frahm, to direct staff to bring back a resolution of approval to the November 10th Council meeting. Motion, Ayes 4, Nays 0. INEER'S REPORT: ROPOLITAN SEWER /NAVARRE INTERCEPTOR UPGRADE PROJECT City Engineer Cook reported that he met with MWCC representative Fred Stenberg regarding the Navarre lift station upgrade project. He stated that the MWCC has agreed to follow Alternative 3A as recommended by the Council at their last review of the project, providing the City assists MWCC with the following: 1. Property owner notification 2. Assist with easement acquisition 3. Public Hearings 4. Take back the old sewer lines which would involve some maintenance cost 5. Conditional Use Permit for lift stations 6. Accept a grinder station He stated that he is requesting Council authorization to send MWCC a letter confirming the City's acceptance of these six items. Councilmember Frahm voiced concerns regarding where the $100,000 needed would come from for eliminating Lift Station 10 and bypass with a gravity line to the interceptor. Public Works Coordinator Gerhardson noted that unless Lift Station 10 is eliminated the City may have to expend approximately $90,000 for pump replacement for that station. It was moved by Councilmember Frahm, seconded by Mayor Butler, authorizing staff to send a letter to MWCC confiming acceptance of the six items as outlined subject to the assurance by MWCC that the lines are in working order. Motion, Ayes 4, Nays 0. R1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 MAYOR'S REPORT: Mayor Butler had nothing to report. TV REPORT: T FOR CHANGE IN SYSTEM OWNER* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept the information from staff regarding the pending cable TV ownership change. Motion, Ayes 4, Nays 0. ADMINISTRATOR'S REPORT: BROWN ROAD PETITION It was moved by Mayor Butler, seconded by Councilmember Callahan, to accept the petition from the North Brown Road residents, include it in the Highway 12 input and schedule the subject for the Council meeting on November 24, 1986 to determine if speed limit enforcement has had significant impact on the problem. Motion, Ayes 4, Nays 0. ISLAND BOARD OF GOVERNORS* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to table this matter until the November 10, 1986 Council Meeting. Motion, Ayes 4, Nays 0. JOSEPH MIMMS - AP,PEAL OF ADMINISTRATIVE DECISION Joseph Mimms, 25 Brown Road South, was present for this matter. City Administrator Bernhardson explained the matter in which Joseph Mimms is appealing the Administrator's decision requiring surveys on all properties when requesting a building permit when such a survey is not on file. This policy has been in effect without exception since July 1986 in order to avoid past problems of location of structures. He noted that surveys have previously been required in approximately 80 -85% of building permit applications where a survey is not already on file. He explained that Mr. Mimms is requesting that this requirement be waived in this particular case because the proposed garage is to be constructed on the site of a demolished garage and is probably well within the required side yard and rear setbacks. Mayor Butler suggested that the City adopt a policy that when the property exceeds the required area in the zone in which it lies, and reasonable satisfaction is given that the proposed building does not encroach into the setback, a survey need not be required. D MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 MIMMS REQUEST CONTINUED City Administrator Bernhardson added to Mayor Butler's suggestion that the policy be limited to accessory buildings which by definition are under 1000 s.f.. Councilmember Frahm also added to Mayor Butler's suggestion that the proposed building be staked out for staff to verify and letters of non - objection from adjacent neighbors be required. It was moved by Mayor Butler, seconded by Councilmember Adams, to amend the policy as recommended by Mayor Butler including the additions made by City Administrator Bernhardson and Councilmember Frahm. Motion, Ayes 4, Nays 0. MEDINA POLICE SERVICE* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept staff's update regarding Medina.,Police services contract. Motion, Ayes 4, Nays 0. COMMISSION APPOINTMENTS City Administrator Bernhardson explained that there are several individuals on the Park Commission and Planning Commission whose terms expire this year, asking Council to direct staff to determine level of interest of the individuals who are currently serving or who have indicated an interest in the positions so that the appointments are ready to be made at the first regular meeting in January. Due to the impending change of the Council membership, Councilmember Frahm recommended that this matter be tabled until after January 1, 1987 for the new Council to make their recommendations. Council directed staff to proceed with informing the public of the positions available which will be considered after the first of the year. FACILITIES STUDY - ENGINEERING PROPOSAL City Administrator Bernhardson explained the various steps that the consulting engineer would undertake to determine the City's space needs. together with determining alternate cost arrangements based on preliminary design sketches. Staff recommends that the following items be contracted with the City's consulting engineer for a total amount of $7,200: A. Space program study B.2 Adaption and Re -use - current facilities C. New Public Works building on City owned land D. Combined City Hall /Public Works - new site 10 ~ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 FACILITIES STUDY CONTINUED Councilmember Callahan made the following recommendations: 1. This study should be undertaken by the new Council, not the present Council. 2. This study should be done by the City staff, not from outside consultants. 3. Feels that the study is getting ahead of itself. 4. Feels that the City Engineer should not be the only consultant to submit a plan. Mayor Butler stated that the City Engineer is more familiar with the City's operation and would not expend as much time or money to determine its needs. She also stated that the Council should not abrogate all its responsibilites until January 2, 1987. Councilmembers Frahm and Adams agreed with Mayor Butler's last statement. Councilmember Frahm agreed with Councilmember Callahan regarding more than one consultant submitting a bid. He feels that they should get two more bids and proceed with phase A Space program study before undertaking the other phases. Councilmember Callahan stated that the spacing needs was not the correct phase in which to start the facilites study. It was moved by Couci lmember Frahm, seconded by Mayor Butler, to direct staff to obtain two additional bids on al 1 four phases and bring back for Council's consideration to proceed with Phase A. Motion, Ayes 3, Nays 1. Councilmember Callahan voted nay. BOW AND ARROW HUNTING It was moved by Councilmember Frahm, seconded by Mayor Butler, to make an exception to the ordinance and allow for hunting of game animal s with bow and arrow when they constitute a demonstrated nuisance to the private property owner on which they are hunted. Motion, Ayes 4, Nays 0. DEER HUNTING - BARER PARR Larry Gillette, Hennepin Parks Wildlife Manager, was present for this matter. 11 • 1 MINUTES DEER HUNTING OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 - BARER PARR CONTINUED City Administrator Bernhardson explained that Hennepin Parks is requesting an amendment to Orono's ordinance to allow the Park District to conduct shotgun deer hunts in the portion of Baker Park Reserve that lies within the City of Orono. The reasons for the request are: -The uniqueness of the property as opposed to other property in the community for hunting -Game management in the Reserve may reduce nuisance animals in other areas of the community - Difficulty to segregate Orono portions from the Medina portion of the park Mr. Gillette stated that in 1978 the Park District developed a policy after finding that the only way to control deer was by shooting and possible more humane than capture and relocation methods. In order for the hunt to be successful, they need to be able to hunt in as much of the park property as possible. They will issue .75 permits to hunt the 2400 acres of park land. He stated that they take measures to inform the public of the deer hunt such as letters sent to abutting neighbors, newspaper articles, and posting all park accesses. He noted that since the hunts started in 1978, they have not had any firearms accidents or complaints. He stated that there is no liability to the municipalities for the hunting. Regarding the City's liability, Attorney Barrett agreed that the City would not be held liable. It was moved by Councilmember Callahan, seconded by Councilmember Frahm, that the Orono Council revises Ordinance #910 to allow an exception for discharge of firearms for hunting of game animals in Baker Park subject to a City issued permit. Motion, Ayes 3, Nays 0. Councilmember Adams abstained. i TAX FORFEITED PROPERTY - ASSESSMENT REDUCTION City Administrator Bernhardson explained the request from Mr. Nowell Freeman, 4060 Elm Street, who is interested in purchasing tax forfeit property that is adjacent to his dwelling. Mr. Freeman requests that the ! assessments for this parcel be waived. Public Works Coordinator Gerhardson has talked with Mr. Freeman and if the City is not willing to waive the assessment, Mr. Freeman is willing to pay the assessment on a payment plan. Staff recommends that the assessment not be waived. Councilmember Frahm stated that he is not willing to waive the assessment. 12 . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 TAX FORFEITED PROPERTY CONTINUED Mayor Butler concurred with Councilmember Frahm in light of the fact that another adjacent lot under the same circumstances paid the assessment. It was moved by Mayor Butler, seconded by Councilmember Frahm, to concur in staff's recommendation not to reduce the assessment in order to sell the property. Motion, Ayes 4, Nays 0. THIRD QUARTER LIQUOR STORE REPORT It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the City Council accepts the information from staff regarding the third quarter liquor store reports and that it be placed on the agenda for discussion at the November 10, 1986 Council meeting. Motion, Ayes 4, Nays 0. 1987 LEGISLATIVE PROPOSAL City Administrator Bernhardson submitted the 1987 Legislative Proposal for Council to review and relate any concerns in advance of the November 6, 1986 AMM meeting. Councilmember Frahm recommended amending the Lake Minnetonka Access - Policy /Comments to reflect that adequate access exists -City is opposed to. additional access. It was moved by Mayor Butler, seconded by Councilmember Adams, to accept the proposed legislative package, as amended, as information only at this, time for consideration at the November 10, 1986 meeting and that Council will address any concerns they have regarding AMM and League of Minnesota Cities policies to the Administrator in advance of their policy consideration meetings. Motion, Ayes 4, Nays 0. DESIGNATION OF JOAN LATTIN DAY NOVEMBER 28, 1986 RESOLUTION #2070 It was moved by Mayor Butler,. seconded by Councilmember Frahm, that the Orono City Council recognize the many years of faithful hard working service on the part of Joan Lattin by passage of Resolution #2070 declaring November 28, 1986 as Joan Lattin Day throughout the City of Orono. Motion, Ayes 4, Nays 0. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 CARLSON REQUEST FOR SEWER* RESOLUTION OF DENIAL 12071 It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #2071 to deny sewer to Mr. Bruce Carlson and for the property at 2165 Watertown Road. Motion, Ayes 4, Nays 0. CANVASSING BOARD* NOVEMBER 5, 1986 - 5:00 P.M. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to acknowledge the Canvassing Board meeting scheduled for Wednesday, November 5, 1986 at 5:00 P.M. Motion, Ayes 4, Nays 0. BAKER PARR /LUCE LINE TRAIL REQUEST* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept the petition regarding a Bike /Hike Trail from the Luce Line to Baker Park and accept staff-information on the matter. Motion, Ayes 4, Nays 0. APPROVAL OF COLIN DRIVE -* KELLEY GREEN SUBDIVISION It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the City Council approves the name Colin Drive for the private road serving the Kelley Green Subdivision. Motion, Ayes 4, Nays 0. REQUEST FOR NO PARKING ON COUNTY ROAD 19 As stated in the memo, the City received a request from Hennepin County to post a part of County Road 19 just west of North Arm Landing as no parking. Issue: Does Council desire to limit on- street parking used primarily as overflow for North Arm Landing on County 19 west to Minnie Avenue. Councilmember Frahm stated he was in favor of posting no parking on the east and west stating it was a dangerous area and desired by the residents. Mayor Butler stated that the area has already been designated as an overflow parking area and has been included in the 700 car /trailer parking spots required by DNR. City Administrator Bernhardson stated that staff recommends tabling this matter and will be looking for alternative off street parking in exchange of posting this area no parking. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 COUNTY ROAD 19 NO PARKING REQUEST CONTINUED Councilmember Frahm stated, for the record, that he believes this.area should be posted no parking at this time because of the dangers and does not feel the DNR is concerned with this parking area. 1987 HOLIDAYS* It was moved by Mayor Butler, seconded by Councilmember Adams, that the request for No Parking on County 19 west of Minnie Avenue be tabled until the first Council meeting in March 1987. Motion, Ayes 3, Nays 1. Councilmember Frahm voted nay. It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the Council establish the 1987 Holidays as proposed as legal holidays for 1987 in accordance with the City personnel rules. Motion, Ayes 4, Nays 0. CONDEMNATION PAYMENTS* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to authorize payment of Crystal Bay Sewer Project condemnation awards for the following properties up to the amounts listed: Genson (Olson) Keegan etal, 1115 Willow Dr. S. 10- 117 -23 24 0017 - $6,136.52 E. Robie Wayne etal, 1950 Shoreline Dr. 10- 117 -23 42 0012 - $3,343.44 Oliver Engstrom etal, 1145 Willow Dr. S. 10- 117 -23 24 0018 _ $2,410.00 Motion, Ayes 4, Nays 0. COUNTY ROAD 15 - SPEED REQUEST* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to direct the Craven request for speed limit reduction to Hennepin County recommending that the appropriate speed survey by the State be undertaken to determine the need for such a speed. Motion, Ayes 4, Nays 0. HAZARDOUS BUILDING PROCEEDINGS* 4635 TONKAVIEW LANE RESOLUTION #2072 It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #2072'Ordering Abatement of Hazardous Building Action at 4635 Tonkaview Lane, Orono. Motion, Ayes 4, Nays 0. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 TRUDY RUNNEL - CONFIRMATION OF HIRING* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to confirm the appointment of Trudy Kunkel as a Police Officer with the City of Orono commencing October 20, 1986 at a salary of $1,646 per month with review in six months. Motion, Ayes 4, Nays 0. PART -TIME LIQUOR STORE EMPLOYEES* It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the Orono Council concur in the hiring of Connie Manuel as a part -time employee at $5.60 per hour and that Chris Fink be increased in salary from $4.75 to $5.00 per hour effective 10/27/86. Motion, Ayes 4, Nays 0. 1987 STRATEGIC PLANNING* It was moved by Councilmember Frahm, seconded by Councilmember Adams, that Council accept the draft information on the Strategic Planning Process and table discussion of the item until November 10, 1986. Motion, Ayes 4, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept City Administrator Bernhardson's Information Report regarding: Fall Cleanup, Work Schedule- Grievance Status, Discrimination Complaint- Minnesota Human Rights Commission, and Welsh Property -DNR Dredging Case. Motion, Ayes 4, Nays 0. CITY ATTORNEY'S REPORT: -City Attorney Barrett brought up an issue regarding the City parking lot which Public Works Coordinator Gerhardson explained. Public Works Coordinator Gerhardson stated that when the parking lot was constructed in 1964 the City purchased some of the property from Mr. Dittrich and signed a 10 year lease on another portion, of which said lease has expired. In order to resolve this matter, staff recommends that a survey be completed, showing the area the City wishes to retain and the area Dittrich wishes to retain. Staff recommends that the cost of the survey be paid for by the City if Dittrich agrees not to charge the City for the land the City wishes to retain for parking lot use. ' Attorney Barrett stated that in order to legally resolve this matter, a subdivison was necessary. Councilmember Frahm stated that it should be done properly requiring a subdivision. 16 ~ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 27, 1986 CITY ATTORNEY'S REPORT CONTINUED Mayor Butler felt staff and Council review. that this matter could be handled by not requiring Planning Commission It was moved by Councilmember Frahm, seconded by Mayor Butler, to proceed as a subdivision application with exception to Planning Commission review. Motion, Ayes 4, Nays 0. - Attorney Barrett reported that they have filed an appeal to the Commission of the DNR regarding the Ulrich matter. He stated that the DNR has tried to dissuade him from filing a claim going to hearing in which he advised that they would have to direct their request to the City Council. -City Administrator Bernhardson reported on a case regarding an easement on the Chapman property in which the City-is opposing. HIGHWAY 12 CORRIDOR STUDY MEETING City Administrator Bernhardson recommended rescheduling this meeting to November 19, 1986 at 7:30 P.M. due to scheduling conflicts. LICENSES* BILLS* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the following license: Art Center of Minnesota - Raffle License Motion, Ayes 4, Nays 0. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve payment of the All Funds Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 10:38 P.M. It was moved by Mayor Butler, seconded by Councilmember Adams, to adjourn the regular Council meeting at 10:38 A P.M. Motion, Ayes 4, Nays 0. 17 Mary C. BI{E er, Mayor