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HomeMy WebLinkAbout02-09-1987 Council Minutes.' t MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 _TENDANCE 7:00 P.M. The Orono Council met on the above date with the following members present: Mayor Grabek, Councilmembers Sime, Goetten, and Peterson. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, City Clerk Hallin, Chief of Police Kilbo, and City Recorder Peterson. City Attorney Blatz was also present. CONSENT AGENDA* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Consent Agenda* subject to removal of the following item as requested by staff Item #38 - 2500 Sixth Ave. N. - Flowage Easement Motion, Ayes 4, Nays 0. PRESENTATION - AWARDS OF APPRECIATION* MARY BUTLER - RESOLUTION #2112 TIMOTHY ADAMS - RESOLUTION #2113 THOMAS FRAHM - RESOLUTION #2114 Mayor Grabek presented Resolution #2113 to Councilmember Timothy Adams for his outstanding leadership in the Orono community through his work over the past eight years. Mayor Grabek presented Resolution #2114 to Councilmember Thomas Frahm for his outstanding leadership in the Orono community through his work over the past ten years. Mayor Grabek presented Resolution #2112 the "Rober,t L. Searles Meritorius Service Award" to Mayor Mary Butler for her outstanding service in the Orono community over the past 16 years. OATH OF OFFICE - POLICE OFFICER PETER BYDZOVSKY City Administrator Bernhardson introduced Peter Bydzovsky as the newly appointed Police Officer. Mr. Bydzovsky currently resides in Woodbury, he served in the U.S. Marine Corp as a military police officer, and for the past several years has been associated with First Bank Systems in their security area and also systems support area. City Administrator Bernhardson administered the Oath of Office to Mr. Bydzovsky. APPROVAL OF MINUTES* It was moved by Councilmember Councilmember Peterson, to approve January 12, 1987 Council Meeting as Ayes 4, Nays 0. 1 Sime, seconded by the Minutes of the submitted. Motion, MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 YK COMMISSION COMMENTS - 37 WORK PLAN Park Commission Chairperson Terry Morse submitted the Park Commission's 1987 Work and Status Plan. Mayor Grabek suggested that the Park Commission implement a plan for monitoring the use of the parks by way of utilizing a University of Minnesota Park & Recreation graduate student. LAKE MINNETONKA CONSERVATION DISTRICT REPORT - DRAFT LEGISLATION AND LAKE MINNETONKA STUDY LMCD Representative JoEllen Hurr reported on changes addressing some of Orono's concerns in the preliminary Lake Minnetonka Management Plan. She noted that they are currently working very hard to justify the existence of the LMCD to continue as the managing body over Lake Minnetonka. She reported that their legislative package probably would not be introduced this year because it may jeopardize resolving the access issue. PLANNING COMMISSION COMMENTS Planning Commission Chairperson Charles Kelley commented on the lack of feedback from the public at the last Hwy. 12 Corridor Study meeting, feeling that the City must be going in the right direction with the study. 3LIC COMMENTS John Hollander, 200 traffic control on North, noting that excessive speed. ZONING ADMINISTRATOR'S REPORT: #1060 J.F. FLEISCHHACKER 2775 SHADYWOOD ROAD VARIANCE RESOLUTION #2115 Hollander Road, requested more speed County Road 6 west of Ferndale Road vehicles traveled that portion at an Mr. Fleischhacker was present for this matter. City Administrator Bernhardson explained the "request for construction of a deck and stairs that intrudes into the 75' setback, although it does not intrude into the average lakeshore setback. He noted that since the Council last considered this application, there has been a re- determination of the 75' setback line moving it further toward the lake, which would correct the existing amount of hardcover in the 0 -75' zone to 0 %. As requested by Council at their November 10, 1986 meeting, applicant has submitted an alternative (Scheme B) which indicates all of the deck and all but 12 s.f. of the stairs within the 75 -250' ozone. However, applicant prefers the November 10th plan (Scheme A). Staff recommends approval of the least intrusive into 75' setback plan - Scheme B. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 -1.060 J.F. Fleischhacker - Cont. Mr. Fleischhacker stated that Scheme B consists of 8" high stair treads which he feels are unsafe for children. In addition, from a building standpoint, Scheme B is not a workable plan. He requests that the Council re- consider Scheme A. He further suggested that he would be will to cut back the width of deck in Scheme A by 2' to 14' deck width. Because Scheme A involves an intrusion into the 0 -75' setback even with the 2' deck width cut, Mayor Grabek, and Councilmembers Sime and Peterson stated they would not approve this plan. Councilmember Goetten stated that she felt the applicant has worked very hard to present a plan equitable to himself and the City. She would be willing to approve Scheme A with a 14' deck. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2115 granting a variance as proposed in Scheme B as submitted. Motion, Ayes 3, Nays 1. Councilmember Goetten voted nay for the reason previously stated. 61096 JOHN VOGT AND MIRE HILBELINK /175 WATERTOWN ROAD rRELIMINARY SUBDIVISION RESOLUTION #2116 City Administrator Bernhardson explained the request for preliminary subdivision involving the replat of Lots 2 and 3, Peterman Addition into 6 lots all of which meet the lot area and width standards. He noted that in creating the private road, a vr..riance to the required public road frontage for each lot must be granted. City Engineer Cook has recommended, that a drainage ditch be installed along the west lot lines of Lots 1 and 2 in order to prevent drainage from the development entering into adjacent property. He also noted that the applicants are requesting a variance to the required 24' paved width standard for a private road that would serve 6 lots; applicants propose 20' paved width. Planning Commission recommended that the road width be at the 24' width standard. John Vogt and Mike Hilbelink were present for this matter. Mr. Vogt felt that a 24' wide road was not necessary to serve 6 houses referencing the reasons listed in their letter dated January 28, 1987. Public Works Coordinator Gerhardson stated that a 24' width standard was the best design for safety reasons; i.e. police, fire, etc. - 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 '1096 JOHN VOGT & MIRE HILBELINK - CONT. Mr. Hilbelink stated that the City's insistence on a drainage culvert was unnecessary because he felt the drainage created from the development of this property would have little affect on the existing watershed. Councilmember Sime explained that the development would increase the hardcover, therefore, could dramatically affect the adjacent property. Mr. Vogt asked if the City would be willing to assist financially in the drainage project because their development would be an asset to the City in the long run. Mayor Grabek stated that the City does not help subsidize developments in the City. Zoning Administrator Mabusth stated that currently there are drainage problems on the Rosch property that comes from the applicant's property and that the development of this property would intensify drainage problems on the Rosch property. In reviewing the proposed staff resolution, Mr. Hilbelink asked if the City would allow the applicants to post a letter of credit assuring that the drainage project would be completed after the ground thaws, allowing them to start building before the drainage project is done. Zoning Administrator Mabusth stated that staff would agree subject to the execution of a developer's agreement and the posting of a letter of credit. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2116 granting preliminary plat approval as recommended by the Planning Commission with the exception of the Planning Commission recommendation that does not extend the outlot, thereby requiring that extension together with the alternative security to allow construction of development prior to drainage being in place. #1097 VANEECKHOUT /RODERICR /PLANK* 2020/2080 SALEM COURT EASEMENT VACATION RESOLUTION'#2117 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2117 approving the vacation of an unused portion of a dedicated drainage easement at 2020 and 2080 Salem Court as drafted. Motion, Ayes 4, Nays 0. -4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 X012 WAYZATA COUNTRY CLUB* 200 WAYZATA BOULEVARD CONDITIONAL USE PERMIT RESOLUTION #2118 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2118 granting a variance and conditional use permit for maintenance dredging of a golf course pond that is a City designated protected wetland and for maintenance grading of existing ditches on the property. Motion, Ayes 4, Nays 0. #1090 R.W. HOLLANDER 200/250 HOLLANDER ROAD, PRELIMINARY SUBDIVISION RESOLUTION #2119 Present for this matter were John Hollander and Mark Rurik, Attorney for the Hildur Hollander estate. City Administrator Bernhardson explained the request for preliminary subdivision of Outlot B of the Holly Acres Addition into 2 lots. Outlot B was originally created in 1978 along with the first phase of Holly Acres, and was intended as an outlot on a temporary basis until a future subdivision would be completed. Outlot B contains 3 residential structures, 2 barns, and a garage. In the original subdivision, it was required that the garage and an access onto County Rd. 6 be removed which was never completed. Proposed Lot 1 requires a variance for lot width on the public road. Another issue is the applicant's desire to keep an existing rental house on Lot 1 as strictly a guest house. Beiause Lot 1 does not have the width or area required under the guest house standards, it is recommended that the structures' use be limited to storage by removal of the plumbing. Regarding the barns, because they are existing non - conforming accessory structures, the City has no authority to require their removal as part of the subdivision if not found to be hazardous. He noted that the Building Official is currently reviewing the condition of these barns and if deemed hazardous, formal hazardous building proceedings will be issued requiring their removal, which is an entirely separate issue from this subdivision application. Mr. Rurik stated that the proposed resolution and staff's recommendation have been reviewed and find them agreeable to the estate, including the removal of plumbing from the rental house. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 "'090 R.W. HOLLANDER - CONT. Steve Weinstein, 259 Hollander Road, recommends that the City go forward with the hazardous building action on the barns contending that they create a danger to children. He submitted photos of the barns and rental house for Council to review. He feels the City should enforce the conditions on the rental house and removal of access before final subdivision is approved to assure compliance. He noted that the Hollander Road residents would rather have the rental house removed because the structure is not consistent with the rest of the neighborhood. Ward Krueger, who built many of the Hollander Road homes, felt the City should have required the removal of the garage and access be done prior to approval of the original subdivision, and because it was not done then should be done now before this final subdivision is approved. Staff noted that per the drafted resolution, the existing detached garage and access must be removed prior to final plat approval. Regarding the rental house, the rental use must cease prior to final plat approval and the applicant has 6 months after final plat approval in which to remove the plumbing from the rental house. Brian Hill, 235 Hollander Road, urged the Council to require that the property be cleaned up to conform with the neighboring properties before final subdivision is approved. City Attorney Blatz explained that legally the City can not require the removal of these non - conforming structures (unless they are deemed hazardous, which is a separate action). She noted that the reason the City is able to require the removal of the plumbing from the rental house is because it is considered an intensification of the property use. Mayor Grabek stated that the Council is aware of the residents concerns and feels the City is taking a responsible position and action to resolve their concerns in addition to respecting the property rights of Mr. Hollander. Councilmember Goetten stated that she agrees with the residents concerns but is aware that the City must legally deal with the issues one step at a time. P MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 1090 R.W. HOLLANDER - CONT. There were no more comments from the public. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2119 granting preliminary plat approval subject to the following; 1) Building Official to inspect the condition of the rental house. 2) Appropriate security required for removal of the plumbing from the rental house. Motion, Ayes 4, Nays 0. Councilmember Sime suggested that a clean -up inspection (weeds, etc.) also be done on this property. #1098 WAYNE LENEAVE 360 WAKEFIELD ROAD CONDITIONAL USE PERMIT RESOLUTION #2120 Wayne LeNeave was present for this matter. City Administrator Bernhardson explained the request for a conditional use permit for excavation of a decorative pond that is not a designated wetland. The City will be granted a Conservation and Flowage Easement over the pond. He noted that the applicant plans to have all spoils transported to the Wayzata Country Club spoils site. Staff feel this project will not have any adverse impact and are not recommending any security be required. Assistant Zoning Administrator Gaffron stated that he talked with Al Orson of Wayzata and confirmed that the proposed spoils fill site would be acceptable and a permit is not required. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution 42120 approving a conditional use permit per staff recommendation. Motion, Ayes 4, Nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 .099 CAROLYNNE HIBBS 2765 FOX STREET VARIANCE RESOLUTION #2121 Carolynne Hibbs was not present for this matter. City Administrator Bernhardson explained the request for a variance of the 50' front yard setback to allow a 6' wide 2 -story deck addition. A survey of the property indicates that the existing residence is only 34' from the actual right -of -way line, although the paved roadway is more than 80' away. Planning Commission recommended approval of the variance, finding that the encroachment has no visual encroachment effect within the neighborhood, the hardship being the discrepancy between the right -of -way and the actual traveled roadway. Planning Commission further recommended that no Hold Harmless be required for the improperly placed septic system within the right -of -way, since the City staff approved the system location based on incorrect information. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2121 granting a 22' front setback variance for construction of a 2 -story deck addition. Motion, Ayes 4, Nays 0. #1100 MICHAEL PLANK 4145 WATERTOWN ROAD CONDITIONAL USE PERMIT RESOLUTION #2122 Michael and Mary Plank were present for this matter. City Administrator Bernhardson explained the applicant's unique situation in which they desire to move a house from Minnetrista onto his 17 acre property on Watertown Road before the weight restrictions are in effect on March 15th. Applicant proposes to treat this as a guest house for now and to subdivide prior to any occupancy. He explained that applicant would be allowed to leave the 2nd house on the property as a guest house permanently (because it would meet all the standards for a guest house use). Staff feels there would be no problems with a 2 -lot subdivision but a 3 -lot subdivision is questionable based on the proposed placement of the 2nd house. A temporary access would be allowed for the purpose of moving the house in, however, a permanent access must be obtained through applicant's current driveway. 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 "100 MICHAEL PLANK - CONT. Mr. Plank stated that he feels comfortable with the proposed placement of the house and is willing to take the risk involved with a future 3 -lot subdivision. He also noted that he has reviewed the proposed resolution and finds no problem. Councilmember Goetten asked about setback requirements, septic testing, and conservation and flowage easements. Assistant Zoning Administrator Gaffron stated that septic testing has been done and found acceptable; that the proposed location of the house meets anticipated future subdivision requirements for lot area, lot width, andisetbacks; and there is already a conservation and flowage easement on record. Joe Sawchuk, 4105 Watertown Road, adjacent property owner, stated that his only concern is regarding the proposed permanent driveway. He feels that if it were located between his house and applicants present home, it may decrease his property value. Mayor Grabek stated that issue would be addressed when the subdivision is done and that the City would do everything possible to prevent that situation. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2122 granting the conditional use permit in accordance with staff recommendation. Motion, Ayes 4, Nays 0. #1101 JAMES E MERTES* 3237 CASCO CIRCLE RENEWAL VARIANCES RESOLUTION #2123 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2123 approving James E. Mertes' request for a renewal of variances previously granted to permit the construction of a new residence on a property 16,748 square feet in area or 77% of the required 21,780 square feet (1/2 acre) and with a lot width of 55 feet or 55% of the required 100 feet of lot width. Motion, Ayes 4, Nays 0. 9 MINUTES OF THE REGULAR _093 P & A INVESTMENT* 1380 SIXTH AVENUE NORTH - RESOLUTION #2124 ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 PRELIMINARY SUBDIVISION It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2124 granting Preliminary Subdivision approval for a plat by P & A Investments at 1380 Sixth Avenue North. Motion, Ayes 4, Nays 0. ORDINANCE AMENDMENT - CHAPTER 10 ZONING CODE - NON - RENTAL /GUEST APARTMENT WITHIN PRINCIPAL RESIDENCE -LIQUOR STORE - CONDITIONAL USE PERMIT /PUBLIC SERVICE STRUCTURES ORDINANCE NO. 29, Second Series City Administrator explained the following three proposed amendments to the zoning ordinance: A) Performance standards to allow a guest /mother- in -law /non - rental apartment within the principal residence under a conditional use permit. Issues considered when reviewing this type of application are adequate parking, septic, and access to apartment. Planning Commission recommended approval as drafted. B) Standards to allow an Off -Sale Liquor Store as a permitted use in B -1 and B -3 districts. with appropriate license issued by City. Planning Commission recommended approval per drafted ordinance. C) Public Service Structures approved with public improvement projects at the required public hearing would not require a conditional use permit. Amendments of these plans involving changes in design and /or placement of these structures would required written notice to all affected property owners prior to formal adoption of the amended plans by the City Council. Planning Commission specifically asked that any change in design and /or placement be reviewed again by the affected property owners. Councilmember Peterson felt that another public hearing should be held if there were any changes to the design and /or placement of a public structure. City Administrator Bernhardson stated that the written notice procedure would be less burdensome on the planning /implementation process in consideration of the time required to hold a public hearing noting that it could be very costly to the City by halting a major project. He noted that the written notice of the change to the affected property owners before Council approval provides the opportunity for the change to be addressed in a public forum. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 2DINANCE AMENDMENT - CHAPTER 10 ZONING CODE - CONT. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Ordinance No. 29, Second Series, amending the following: 1. Zoning Code Section 10.20 Subdivision 3(G) to allow Non - rental Guest Apartments within a principal residence as a Condtional Use in Single Family Residential Zoning Districts, and amending Section 10.02 by incorporating a definition of "Guest Apartment ". 2. Zoning Code Section 10.40 Subdivision A by 'allowing off -sale liquor stores as permitted uses. 3. Zoning Code Section 10.20 Subdivision 3(D) that would exempt public services structures approved with public improvement projects from the requirement of a conditional use permit. Motion, Ayes 3, Nays 1. Councilmember Peterson voted nay for the reason she stated in proposed amendment C. MAYOR'S REPORT: COUNCIL APPOINTMENT - I Callahan The balance of the vacancy created by the election of Jim Grabek as Mayor is to be filled by appointing to the remaining term for Council, which expires at the end of 1988. Mayor Grabek noted his appreciation for all the interest shown in all of the local government vacancies. Council candidates include: Ed Callahan Edward C. Brown III Charles Kelley Julie Harren Gary Printup Mariann Kienzler Thomas Casey Earl Dorn It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to nominate Gary Printup as Councilmember. Motion, Ayes 2, Nays 2. Mayor Grabek and Councilmember Sime voted nay. Motion fails. Mayor Grabek stated his reason for voting nay is based on past experience and future participation to the Council, Mr. Printup would not provide as much assistance to the Council as other more qualified candidates. He feels however, that Mr. Printup would be a dedicated and hard - working individual on the council. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 :OUNCIL APPOINTMENT - CONT. Councilmember Sime agreed with Mayor Grabek noting his recognition of Mr. Printups assets. Based on his consideration of the candidates' past background and experience, it was moved by Councilmember Sime, seconded by Mayor Grabek, to nominate Ed Callahan to the Council. Motion, Ayes 2, Nays 2. Councilmembers Goetten and Peterson voted nay. Motion fails. Councilmember Goetten stated that although she recognizes Mr. Callahan's experience on the Planning Commission and Council, she voted nay because she feels the community has spoken on this issue therefore, she cannot support his candidacy. Councilmember Peterson concurred with Councilmember Goetten. It was moved by Councilmember Goetten to nominate Charles Kelley to the Council based on his past experience and background on the Planning Commission and as the current Chairman of the Planning Commission, seconded by Councilmember Peterson. Councilmember Sime stated that he has worked with Mr. Kelley on the Planning Commission and feels he is eminently qualified for the Council position. However, he feels that Mr. Kelley's experience is needed on the Planning Commission at this time. Motion, Ayes 2, Nays 2. Councilr_,,ember Sime and Mayor Grabek voted nay. Motion fails., It was moved by Councilmember Goetten to nominate Edward C. Brown III to the Council based on his interview and resume, seconded by Councilmember Peterson. Motion, Ayes 2, Nays 2. Mayor Grabek and Councilmember Sime voted nay. Motion fails. City Administrator Bernhardson recommended the following action is required to break the tied votes. A new motion must be made on the candidate in which the Mayor wishes to break the tied vote, the motion must be voted on, and if it a.gain results in a tied vote, the Mayor can make the appointment to the vacant seat. It was moved by Mayor Grabek, seconded by Councilmember Sime, to again consider Ed Callahan for the Council position, seconded by Councilmember Sime. Councilmember Goetten suggested tabling the appointment - for more time to consider candidates. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 OUNCIL APPOINTMENT - CONT. • Mayor Grabek stated that he felt it important to make this appointment as soon as possible. Councilmember Sime felt more time would not change the vote. Mayor Grabek and Councilmember Sime indicated that they both feel•Mr. Callahan is the best qualified candidate to serve on the Council at this time. Gary Printup and Curt Quady felt that under the circumstances a special election should be held to fill this appointment. Councilmember Peterson stated that she believed the appointment of Mr. Callahan would result in the three male councilmembers becoming one vote in future decisions. Mayor Grabek stated that he felt Councilmember Peterson's claim was unfounded. His reason for nominating Mr. Callahan are based on his past experience on the Planning Commission and dedication to the City. Motion, Ayes 2, Nays 2. Councilmember Goetten and Peterson voted nay. Motion fails. At this point, Mayor Grabek appointed Mr. Ed Callahan to the vacant Council seat. City Attorney Blatz stated that to formalize Mayor.. Grabek's appointment, he must file his appointment in writing to the City Clerk as soon as possible. Mayor Grabek acknowledged that he would file his appointment the following day. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 INNING COMMISSION APPOINTMENTS - Edward M. Cohen (At- Large) and Jeffrey Johnson (Urban) City Administrator Bernhardson explained that the current Planning Commission consists of 2 Rural and 2 At -large members all of which live in the rural area. By ordinance appointees must be 2 Urban, 2 Rural, and 3 At -large for a total of 7 members. Therefore, the vacancies on the Planning Commission that currently exist are 2 Urban (3 year term) and 1 At -Large (1 year term). He noted that the ordinance could be amended if Council so desires. The candidates consist of 4 Urban and 4 Rural as follows: > Curtis Quady (U) James C. Berg (U) Lee E. Schacht (R) Jeffrey Johnson (U) Edward M. Cohen (R) Gail Livingston (R) Jorja Lynn (R) Clement F. Birch Jr. (U) In order to have more flexibility in candidate choice, it was moved by Councilmember Goetten, seconded by Councilmember Peterson, to amend the ordinance changing all designations to At- large. Motion, Ayes 2, Nays 2. Motion fails. Mayor Grabek and Councilmember Sime voted nay feeling the designations should stay as they are in order to assure representation from the entire community. City Administrator Bernhardson noted that candidate Jorja Lynn was not present for the interviews at the last meeting, but is present now if she wished to make any comments. Jorja Lynn stated she felt careful control should be taken in Orono's development because of it's unique resort /rural and urban area. She noted her past experience, as indicated in her letter,, in planning of similar areas in other states. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to nominate Edward M. Cohen to the Planning Commission At -large designation. Motion, Ayes 4, Nays 0. It was moved by Councilmember Sime, to nominate Thomas Casey (Council candidate) to the Planning Commission Urban designation because of his qualifications and his involvement in the Navarre area. Mayor Grabek seconded the motion for discussion. Motion, Ayes 2, Nays 2. Councilmember Goetten and Councilmember Peterson voted nay. Motion fails. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 ANNING COMMISSION APPOINTMENT - CONT. It was moved by Councilmember Goetten, to nominate Jeffrey Johnson to the Planning Commission Urban designation because of his youth and current experience with the City of Eden Prairie. Motion seconded by Councilmember Peterson. Motion, Ayes 4, Nays 0. It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to nominate Gary Printup (Council candidate) to the Planning Commission Urban designation. Motion, Ayes 2, Nays 2. Mayor Grabek and Councilmember Sime voted nay. Motion fails. It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to nominate Curtis Quady to the Planning Commission Urban designation. Motion, Ayes 2, Nays 2. Mayor Grabek and Councilmember Sime voted nay. Motion fails. It was moved by Mayor Grabek to nominate James C. Berg to the Planning Commission Urban designation. No second to the motion made. Motion fails. Because there were no other nominations at this time, it was moved by Councilmember Sime, seconded by Councilmember Peterson, to table the remaining Planning Commission Urban appointment for more consideration and input from Planning Commission until the February 23, 1987 Council meeting. Motion, Ayes 4, Nays 0. PARK COMMISSION APPOINTMENTS - Lee Erger and Bruce Kokal City Administrator Bernhardson noted that two 3 -year term vacancies exist on the Park Commission. Interested candidates are: Lee Erger (Incumbent) Ron Anderson Bruce Kokal Additionally, current Park Commission Chairman Terry Morse should be formally reappointed as chair. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to reappoint Lee Erger to the Park Commission.. Motion, Ayes 4, Nays 0. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to nominate Bruce Kokal to the Park Commission. Motion, Ayes 4, Nays 0. It was moved by Mayor Grabek, seconded by Councilmember Sime, to reappoint Terry Morse as the Park Commission Chairman. Motion, Ayes 4, Nays 0. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD'FEBRUARY 9, 1987 MAN RELATIONS APPOINTMENT It was noted that the appointment for Human Relations was up and staff recommended that it be discontinued at this time, given the fact that they have not met in three years and there is no statutory requirement that they continue. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to discontinue the Human Relations appointment position. Motion, Ayes 4, Nays 0. ACTING MAYOR APPOINTMENT It was moved by Mayor Grabek, seconded by Councilmember Sime, to table the appointment of Acting Mayor until the February 23, 1987 Council meeting for more consideration. Motion, Ayes 2, Nays 2. Councilmembers Goetten and Peterson voted nay. Motion fails. It was moved by Mayor Grabek to appoint Ed Callahan as Acting Mayor. City Attorney Blatz advised that Mr. Callahan's appointment to the Council may not be considered official until written notice to the City Clerk is made, therefore should not be appointed as Acting Mayor at this time. It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to appoint Councilmember Goetten as Acting Mayor. Motion, Ayes 2, Nays 2. Mayor Grabek and Councilmember Sime voted nay. Motion fails. Being there were not any more nominations, it was moved by Councilmember Sime, seconded by Mayor Grabek, to table this appointment at this time. Motion, Ayes 2, Nays 2. Councilmembers Goetten and Sime voted nay. Motion fails. Mayor Grabek postponed this appointment until later in the meeting. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to resume this matter after the Executive Session. Motion, Ayes 4, Nays 0. Councilmember Sime commented on the procedure in which he felt should be taken when an electorate runs for another position in mid -term. He suggested the person resign their position before running, creating the vacant position in which the voters could decide on the vacancy instead of the Council. 16 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 TING MAYOR APPOINTMENT - CONT. Councilmember Peterson stated that she felt one of the elected councilmembers should be appointed as Acting Mayor, not an appointed councilmember. Councilmember Sime stated that he felt Mr. Callahan was the most qualified to fill the acting Mayor position due to his experience as Planning Commission Chairman. Mayor Grabek concurred with Councilmember Sime. Councilmember Peterson stated that she did not question Mr. Cal lahan's qualifications, but questioned the ethics of appointing a non - elected member vs. an elected member. Mayor Grabek noted that Mr. Callahan lost the council seat election although still having a tremendous amount of votes, and feels the qualifications are the main consideration in making the appointment. Due to the obvious impending appointment of Mr. Callahan as Acting Mayor, it was moved by Councilmember Goetten, seconded by Councilmember Peterson, to table this appointment until the February 23rd Council meeting. Motion, Ayes 4, Nays 0. PLANNING COMMISSION CHAIRMAN APPOINTMENT - Charles Kelley It was moved by Councilmember Goetten, seconded by Councilmember Sime, to reappoint Charles Kelley as Planning Commission Chairman. Motion, Ayes 4, Nays 0. PLANNING COMMISSION VICE - CHAIRMAN APPOINTMENT - Maureen Bellows It was moved by Councilmember Sime, seconded by Councilmember Goetten, to appoint Maureen Bellows as Planning Commission Vice - Chairman. Motion, Ayes 4, nays 0. 17 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 ALTERNATE ATTORNEY APPOINTMENT Mayor Grabek noted that staff has recommended William Soth of Dorsey & Whitney as the City's alternate attorney who would be utilized only in the case of a conflict of interest by the City's primary firm Popham, Haik. Mr. Soth is the City Attorney for St. Anthony, Woodland, and Deephaven and is familiar with lake issues. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to appoint William Soth as Alternate Attorney as recommended by staff. Ed Callahan requested that the Council table this appointment for his input as Councilmember until the February 23rd Council meeting. City Administrator.-Bernhardson noted that he had reviewed several attorneys that represented communities around the lake because of the significant lake issues in Orono. Mr. Soth was recommended because he was one of the few attorneys that did not represent an abutting community. Mayor Grabek withdrew his previous motion. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to table the appointment of Alternate Attorney until the February 23rd Council meeting. Motion, Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT: BIG ISLAND BOARD OF GOVERNORS City Administrator Bernhardson explained that the Big Island Board of Governors made an informal presentation of their master plan to staff on December 17, 1986 and it was recommended at that time that they make a conceptual overview of the plan to the Council at a regular Council meeting. Additionally, it was recommended that they submit an application to have the entire concept formally reviewed first by the Planning Commission. Present from the Big Island Board of Governors were: Ed Morrow, Don Miller, Jim Lund, Larry Sharp, and Joe Backes. Spokesman Don Miller explained the origin of the Big Island Board of Governors and then reviewed the Big Island Veterans Camp Redevelopment Master Plan as submitted in Councils' packet. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 G ISLAND BOARD OF GOVERNORS - CONTI Mayor Grabek reviewed the staff's recommendation that Council give the following direction to the Board of Governors: A. That no conditional use permits for any further activity requiring such permits be granted to the Board until the master plan in total has been reviewed and agreed to by the Planning Commission. Such a master plan would include the following: - Staging plan (both new and existing) - Repair and removal schedule - Funding plan - Financing plan B. No further building permits be issued until the master plan has received final Council approval. C. Have the City Attorney explore the appropriateness of requiring a letter of credit as a condition of approval of a master plan which would include the total amount of anticipated development together with sequencing and that the letter of credit be tied into the financing plan. D. That hazardous buildings proceedings be delayed until the Council meeting of March 9, 1987 to determine application status of the master plan. Mr. Miller voiced objection in requiring any additional conditional use permit. They feel the original conditional use permit should be continued because they have already paid for one. City Administrator Bernhardson explained the terms of the original conditional use permit and noted that any financial issues would need to be addressed by the Council as an exception to the fee schedule. Mayor Grabek explained that in the past the Council has had a difficult time in trying to minimize the City's exposure to the hazardous condition of the buildings.. He noted that he totally supports the concept of the veteran's camp, but feels that the organization has not been able to pull itself together in a manner in which progress can be taken. He stated that it is now time to take appropriate action and demands with concessions on the City's part. Mr. Miller explained that much progress has been made and the obstacles that take time. 19 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 3 ISLAND BOARD OF GOVERNORS - CONT. City Administrator Bernhardson explained that staff's recommendation included considerations best for the organization and also to protect the City. Mr. Miller further indicated that staff's recommendation of requiring a letter of credit is unreasonable and not possible for them. Mayor Grabek stated that the City must be assured that there will be the necessary funding to develop the master plan. Ed Morrow and Joe Backes noted the negative aspects of the City's condemnation proceedings and Hennepin Parks desire for the property, feeling there is a need for some kind of positive reinforcement for this to be a success. It was moved by Mayor Grabek, seconded by Councilmember Sime, to accept staff's recommendation (as outlined above). Motion, Ayes 4, Nays 0. LIQUOR ORDINANCE DRAFT LIQUOR STORE - METHOD OF SALE City Administrator Bernhardson submitted the proposed draft liquor ordinance for Council's consideration. He noted the off -sale liquor ordinance survey included in the packet. Council addressed the issue of setbacks from churches and directed staff to study it. City Administrator Bernhardson submitted the bid specifications for Council to review noting that he has not yet reviewed them with the City Attorney. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to table the liquor ordinance draft at this time. Motion, Ayes 4, Nays 0. VEST DONATION PROGRAM City Administrator Bernhardson noted the two unsolicited donations for bullet proof vests from Long Lake State Bank and Mr. Gerald McCourtney. The Police Department requests Council's permission to solicit funds from civic organizations, such as Westonka Lions, Long Lake Chamber of Commerce, and Westonka Chamber of Commerce. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to authorize the Police Department to solicit funds from civic organizations with funds to be deposited with the Orono Crime Prevention Fund for purchase of vests. Motion, Ayes 4, Nays 0. 20 L MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 1987 BOARD OF REVIEW DATE - MAY 13, 1987 - 7:30 P.M. It was moved by Mayor Grabek, seconded by Councilmember Sime, to establish May 13, 1987 as the Board of Review date to be followed by a subsequent meeting at 6:00 P.M. on Tuesday, May 26, 1987 to review the follow -up to the initial Board of Review. Motion, Ayes 4, Nays 0. CITY OF MEDINA - EXTENSION COUNTY ROAD 116* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that this item be tabled until February 23, 1987. Motion, Ayes 4, Nays 0. 1986 LIQUOR OPERATIONIREPORT* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept the report of the 1986 Liquor Operations together with expressing their appreciation to the liquor staff for the excellent efforts they have made in this regard. Motion, Ayes 4, Nays 0. LEGAL SEMINAR -* SATURDAY, FEBRUARY 21, 1987 - FWBI It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept information regarding upcoming legal seminar at the Freshwater Biological Institute, February 21, 1987. Motion, Ayes 4, Nays 0. 1986 SUMMARY OF RECEIPTS, DISBURSEMENTS AND BALANCES* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Orono City Council accept the Preliminary Summary of Receipts, Disbursements and Balances as information only. Motion, Ayes 4, Nays 0. TAX FORFEITED PROPERTIES -* RESOLUTION #2125 - P.I.D. #20- 117 -23 31 0024 RESOLUTION #2126 - P.I.D. #10- 117 -23 31 0084 - P.I.D. #02- 117 -23 31 0026 RESOLUTION #2127 - P.I.D. #17- 117 -23 43 0001 It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Council adopt Resolutions #2125, #2126, & #2127, directing the disposition of various parcels of property that have gone tax forfeit. Motion, Ayes 4, Nays 0. 1290 SPRUCE PLACE - ASSESSMENT OF COSTS RESOLUTION #2128 08- 117 -23 32 0015 -* It was moved by Councilmember -Sime, seconded by Councilmember Peterson, that the Orono City Council adopt Resolution #2128 to reuse the costs to be recouped from the property at 1290 Spruce Place upon sale to abutting property owners. Motion, Ayes 4, Nays 0. 21 - - „ 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 V -SALE LIQUOR LICENSE FEE* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to incorporate the Off -Sale Liquor License Fees as porposed into an Ordinance change of Ordinance #28. Motion, Ayes 4, Nays 0. POLICE OFFICER EMPLOYMENT -* PETER BYDZOVSKY It was moved by Councilmember Sime, seconded by Councilmember Peterson, to confirm the employment of Peter Bydzovsky as a Patrol Officer for the City of Orono commencing February 10, 1987. Motion, Ayes 4, Nays 0. NSF CHECK -* RESOLUTION #2129 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2129 declaring certain N.S.F. checks and charges uncol lectable and removing them from the City accounts effective December 31, 1986. Motion, Ayes 4, Nays 0. SEASONAL WEIGHT LIMIT -* RESOLUTION #2130 It was moved by Councilmember Sime, seconded by Councilmember Peterson, for the Orono Council to adopt ' Resolution #2130 setting seasonal weight restrictions on the streets in the community. Motion, Ayes 4, Nays 0. 2500 SIXTH AVENUE NORTH - FLOWAGE EASEMENT Per staff's request, it was moved by Mayor Grabek, seconded by Councilmember Sime, to table this matter at this time. Motion, Ares 4, Nays 0. HIGHWAY 12 TASK FORCE UPGRADE REQUEST* , It was moved by Councilmember Sime, seconded by Councilmember Peterson, that having discussed any concerns that the Council may have regarding this Task Force that the item be tabled until the March 9, 1987 Council meeting. Motion, Ayes 4, Nays 0. EQUIPMENT PURCHASE -* PUBLIC WORKS UTILITIES - PORTABLE PUMP MOTOR /CRANE It was moved by Councilmember Sime, seconded by Councilmember Peterson, for the Council to approve purchase of the mobile crane hoist from Truck Utilities for $2,609.00, which is within the amount budgeted in 1987 for that purpose. Motion, Ayes 4, Nays 0. 22 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 ,IINISTRATOR'S INFORMATION* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept City Administrator Bernhardson's Information Report regarding: Lake Minnetonka - Hennepin Parks, Orono Lane Feasibility, Facilities Study, Trinity Church Bells, Governor's Tax Proposal, Ulrich Property, Countryside Second Addition, City of Orono Statistical Update, and Administrator's Goal Setting. Motion, Ayes 4, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Blatz requested the Council enter into Executive Session at this time. LICENSES* BILLS* "' It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the following licenses: Cigarette License: Crystal Bay Services Jimmie's Keaveny's Navarre Drug _ Rick's Super Valu Q Superette (Little Oak Market) Martin's 66 Navarre Amoco Navarre Lanes Orono Golf Course Orono Municipal Liquor Store Spring Hill Center Wayzata Country Club Septic System Installer: Jerry Johnson Excavating Residential Kennel License: George W. Ronald, 2480 Old Beach Road Irwin Jacobs, 1700 Shoreline Drive Shannon M. Brogan, 2240 Wayzata Blvd. Michael Pickard, 4607 Watertown Road Dixie Partington, 1905 Fagerness Pt. Rd. Robert S. Waag, 4760,West Branch Road Motion, Ayes 4, Nays 0. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 4, Nays 0. 23 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 ADJOURNMENT 11:05 P.M. It was moved by Sime, seconded by Peterson, to adjourn the regular Orono Council meeting at 11:05 P.M. Motion, Ayes 4, Nays 0. Jame R. Grabek, Mayor