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HomeMy WebLinkAbout01-25-1988 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1988 _ &TTENDANCE 7:00 P.M. The Orono Council met on the above date with the following members present: Mayor Grabek, Councilmembers Peterson, Callahan, and Goetten. Councilmember Sime was absent. The following represented the City staff: City Administrator Bernhardson, Public Works Director Gerhardson, Building & Zoning Administrator Mabusth, Building Official Jacobs, and City Recorder Peterson. City Attorney Barrett was also present. CONSENT AGENDA* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Consent Agenda subject to removal of the following items: #16 - Boat Ramp Enforcement Status - requested by Councilmember Callahan #17 - Bid Award -200 Hollander Road - requested by City Administrator Bernhardson #20 - Administrator's Information -Art Center Assess- ment - requested by Councilmember Peterson Motion, Ayes 4, Nays 0. OATH OF OFFICE - OFFICER JAMES MORROW OFFICER PETER PALMER • This matter was delayed until the February 8th Council meeting because the Officers were unable to attend this meeting. APPROVAL OF MINUTES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the January 11, 1988 Council meeting as submitted. Motion, Ayes 4, Nays 0. LAKE MINNETONKA CONSERVATION DISTRICT REPORT - EXECUTIVE DIRECTOR SEARCH 1988 LEGISLATIVE PROGRAM LMCD Representative Jo Ellen Hurr was present for this matter and reported on the following matters: • - Executive Director Search - They have received 1 application to date with a closing date for applications set in April. -Comp Plan - the evening opposed to February. 1 Proposals will be opened and reviewed of January 26th. Hurr stated she is taking any action on the plan until MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1988 � CD REPORT CONTINUED -Met Council Evaluation - Hurr submitted to Council the evaluation by the Met Council of the LMCD which addresses some funding issues. She felt' the report was very positive. -1988 Legislative Program - They had a meeting with many of the legislators in attendance and hope for their support. They had 13 proposals of which 6 may be submitted, however no major changes are being submitted. -Lake Lovers Ball - Scheduled for February 11th at Lord Fletchers. Comedian Susan Voss is scheduled to appear. Mayor Grabek felt the City and other State agencies participation was imperative to the success of the LMCD along with choosing a new director. PARK COMMISSION COMMENTS - PRELIMINARY SCULPTOR DESIGN APPROVAL Park Commission Chairman Bob Kost introduced sculptor, Mr. Nicholas Legeros to present a wax model of the proposed sculpture for Livingston Tower Park. He noted • that the Park Commission has recommended approval of the sculpture. Mr. Legeros presented a wax model of a bird bath with floating leaves in it. He also showed a sample of the bronze material that would be used in its construction if approved. He noted the durable safe design of the sculpture. Mayor Grabek felt the the proposed sculpture was appropriate and would enhance the nature of Livingston Tower Park. It was moved by Mayor Grabek, seconded by Councilmember Goetten, that Orono Council approves the scultor, Mr. Nicholas Legeros, to undertake the next step in the sculpture design. Motion, Ayes 4, Nays 0. PUBLIC COMMENTS Mrs. Lloyd Nehring, 1972 Shadywood Road, asked Council to please consider dropping the criminal charges against them for feeding the wildlife. Referring to an incident occurring on her property, she felt that their privacy has been violated by the City. Council recommended that this matter be discussed in • Executive Session because of the lawsuit. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1988 WONING ADMINISTRATOR'S REPORT: #1214 RICHARD ZIMINSKI 1095 NORTH BROWN ROAD PRELIMINARY SUBDIVISION RESOLUTION Per Staff request, it was moved seconded by Councilmember Peterson, t #1214 until the February 8, 1988 Motion, Ayes 4, Nays 0. #1194 MICHAEL PLANK* 4145 WATERTOWN ROAD FINAL SUBDIVISION RESOLUTION #2357 MAYOR'S REPORT: by Mayor Grabek, o table application Council meeting. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2357 approving the final plat of Maple Place. Motion, Ayes 4, Nays 0. Mayor Grabek had no report. CITY ADMINISTRATOR'S REPORT: HAZARDOUS BUILDING PROCEEDINGS: • -3440 BAYSIDE ROAD - RESOLUTION #2358 -3865 SHORELINE DRIVE - RESOLUTION #2359 -3875 SHORELINE DRIVE - RESOLUTION #2360 -3877 SHORELINE DRIVE - RESOLUTION #2361 -2405 DUNWOODY AVENUE - RESOLUTION #2362 3440 Bayside Road - condition Todd & Marie Ziesmer, owners of the property, were present for this matter. Mr. Ziesmer stated that at this point, they have contacted the Long Lake Fire Department to schedule removal of the structure. 2nd floor removed - deteriorated It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2358 ordering Abatement of Hazardous Building action at 3440 Bayside Road, subject to holding the action in abeyance for 30 days. Motion, Ayes 4, Nays 0. 3865/3875/3877 Shoreline Drive and 2405 Dunwoody Avenue..- Deteriorated -no maintenance City Administrator Bernhardson noted that the owner of these four properties, Mr. Louis Oberhauser, was unable to attend this meeting. He explained that staff has dealt with the property owner regarding one of these properties in the past and the owner has • continually delayed addressing the deficiencies. Building Official Jacobs indicated to Mr. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1988 •HAZARDOUS BUILDING PROCEEDINGS CONTINUED Oberhauser that staff would recommend Council adopt the hazardous building actions and that Mr. Oberhauser could subsequently discuss the issues with staff. • It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolutions #2359 - #2362 ordering Abatement of Hazardous Building action at 3865/3875/3877 Shoreline Drive and* 2405 Dunwoody Avenue, subject to holding the action in abeyance for 30 days to allow Mr. Oberhauser to present a plea for rectifying this situation. Motion, Ayes 4, Nays 0. HOME OCCUPATION LICENSE - 2160 WEBBER HILLS ROAD City Administrator Bernhardson explained the request from Peter Moos, 2160 Webber Hills Road, for a home occupation license to operate a carpet cleaning business from his home. Staff recommends approval finding that the proposed operation meets all of the home occupation standards, subject to the provision that parking of commercial vehicles in open parking areas be prohibited. Applicant was not present for this matter. Councilmember Callahan expressed concerns with this type of home occupation and the impact on the neighborhood with numerous home occupations within a residential area. Staff explained that this type of home occupation met the City's home occupation standards and that any violation of these standards or complaints may result in revocation of the license. Building Official Jacobs explained that this home occupation consists mainly of storage of equipment for the off -site rug cleaning business. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve the Home Occupation License for Gold Leaf ChemDry by Peter Moos at 2160 Webber Hills Road. Motion, Ayes 4, Nays 0. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1988 • DISCUSSION WITH LEGISLATORS Senator Gen Olson and State Representative John Burger were present to discuss their ideas and views regarding the upcoming legislative session with the Council. State Representative Burger stated that most of the attention in this legislative session will be given to the larger cities, Iron Range, and agricultural areas. He noted there will be some attention given to Local Government Aid and School Aid which will be mainly adjustments or "fine tuning" of the formulas. He does not expect any major property tax reform. He noted there has been alot of heat regarding the 1988 renters credit and homestead credit change in which he felt there may be some adjustments back toward the way they were because of major heat received. He noted the critical issue regarding what kind of funding to give the Greater Minnesota Corporation. This is a new organization designed to encourage the joint efforts of the private sector and public post secondary education organizations to do research that will lead to job creating companies for "Greater" Minnesota. Senator Gen Olson stated she will be putting her efforts towards issues relating to keeping the various • bureaucracies involved with parks from achieving a preemption of local approval for acquisition and condemnation for the purpose of a Lake Minnetonka regional park. r� U Mayor Grabek encouraged Senator Olson and State Representative Burger to obtain the necessary media exposure for these issues. He noted a letter from Lt. Governor Marlene Johnson regarding the Minnesota childcare dilemma. He felt the State of Minnesota does more for the unemployed than for the employed. State Representative Burger stated that he is serving on an advisory committee that will be studying public services. State Representative Burger noted that light rail transit will be another debated issue. Council thanked Senator Olson and State Representative Burger for coming and speaking with them. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1988 HIGHWAY 12 CORRIDOR SELECTION STUDY • City Administrator Bernhardson explained the information regarding a preliminary process for a possible Highway 12 corridor selection study and establishing a meeting of interested communities to commence the discussion process. Councilmember Goetten stated she was in favor of having a discussion meeting, but voiced concern with the extremely high cost figures related to undertaking a corridor study. It was moved by Mayor Grabek, seconded by Councilmember Peterson, that the Council acknowledge the information regarding the draft plan and that the meeting be established for February 29, 1988 at the Orono School to discuss issues regarding the process, its financing and the organizational arrangements to undertake a corridor selection study. Motion, Ayes 4, Nays 0. COUNTY 15 AGREEMENT APPROVAL - RESOLUTION #2356 City Administrator Bernhardson explained that the four issues of concern have been resolved and recommend adoption of the County 15 agreement. • It was moved by Councilmember Callahan, seconded by Mayor Grabek, that the Council adopt Resolution #2356 and approve- the terms for an amended agreement between Hennepin County and the City of Orono. Motion, Ayes 4, Nays 0. 1987 CORPORATE REPORT It was moved by Mayor Grabek, seconded by Councilmember Goetten, that Council adopt the corporate report information as a summary'of the City's activities for 1987. Motion, Ayes 4, Nays 0. 1986 FINANCIAL HEALTH REPORT City Administrator Bernhardson explained the information from the State Auditor regarding the City's financial profile. It was moved by Mayor Grabek, seconded by Councilmember Peterson, that the Council accept the State Auditor's Financial Health Profile for the City of Orono for 1982 through 1986. Motion, Ayes 4, Nays 0. STEP INCREASE - OFFICER MARK THOMTON* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve step increase from $2,102.00 to $2,365.00 per month for Officer Mark • Thomton in accordance with the Police Labor Agreement. Motion, Ayes 4, Nays 0. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1988 • BOAT RAMP ENFORCEMENT Councilmember Callahan questioned staff about the random selection of boat ramps sited in this matter. He also questioned the significance of the 1975 date noted in staff's memo. Zoning Administrator Mabusth stated the survey area was not preplanned but was merely the first lakeshore area close to City offices, along with knowledge of a few properties found in a previous application, and the lakeshore properties owned by members of the Council would customarily be included in such a survey. She explained that the lakeshore district standards which would prohibit boat ramps located within the lakeshore protected area was adopted in January 1975. Councilmember Goetten asked if other properties will be looked at. City Administrator Bernhardson stated if the Council desires, staff will continue reviewing properties as time permits. Councilmember Callahan felt it was more appropriate to handle the issues by complaint or staff's review of • variances and conditional use permits. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to accept staff's information regarding the status of boat ramp enforcement. Motion, Ayes 4, Nays 0. BID AWARD - HOLLANDER ROAD City Administrator Bernhardson explained that the owner has found a contractor to remove the barn for less than the bids obtained by the City; and has promised to have the barn removed by the end of February. Staff recommends that Council approve the low bid obtained by City for the removal of the barn in the event that the owner fails to remove it by the end of February. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to award the building.removal at 200 Hollander Road to Dressel Excavating for an amount of $5,650 and to authorize negotiating for costs for a drive approach if necessary. Motion, Ayes 4, Nays 0. WEST HENNEPIN RECYCLING PAYMENT SCHEDULE* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the payment formula and amounts to the West Hennepin Recycling Commission • for 1988. Motion, Ayes 4, Nays 0. 7 . � v MINUTES OF THE REGULAR -ORONO COUNCIL MEETING HELD JANUARY 25, 1988 APPROVAL OF DISCIPLINE* • It was moved by Councilmember Goetten, seconded by Councilmember Peterson, the Orono Council approve the employee discipline of Jerome Smith contained within Attachment A. Motion, Ayes 4, Nays 0. ADMINISTRATOR'S INFORMATION City Administrator recommended that the Art Center Assessment issue be discussed by Council in Executive Session since this is a matter of legal negotiations. is • Curt Quady requested to comment on this issue before - Council addressed it in Executive Session. He felt that the Art Center should be required to pay the $5,500 per sewer unit, the same rate that the Crystal Bay residents were required to pay. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept City Administrator Bernhardon's Information regarding: Comprehensive Plan #2, 3405 Shoreline, Board of Review Date, Deer Hunt, Administrator's Vacation, and Planning Commission January Meeting. Motion, Ayes 4, Nays 0. CITY ATTORNEY'S REPORT: Council entered into Executive Session to discuss matters previously referred to Executive Session. LICENSES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the following licenses: Residential Kennel Licenses: Ross B. Nathanson, 2420 Countryside Drive Albert & Sally Hanser, 1685 Fox Street Cigarette Licenses: Navarre Amoco, 3360 Shoreline Drive Rick's Super Valu, 3333 Shoreline Drive Jimmie's Lounge, 3380 Shoreline Drive Navarre Bowling Lanes, 3435 Shoreline Drive O'Sullivans, 2420 Shadywood Road Little Oak Market, 2160 Wayzata Blvd. Washington Scientific, 2605 Wayzata Blvd. Navarre Liquors Inc., 3421 Shoreline Drive Keaveny's Navarre Drug, 3425 Shoreline Drive Wayzata Country Club, 200 Wayzata Blvd. .Crystal Bay Services, 3398 North Shore Drive Spring Hill Conference Center, 725 6th Ave N Gambling License: (Renewal Jimmie's Lounge, 3380 ple Sclerosis Society Motion, Ayes 4, Nays 0. A Pull -Tabs) Shoreline Drive for Multi - North Star Chapter MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 25, 1988 BILLS* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 9:00 P.M. It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to adjourn the regular Council meeting at 9:00 P.M. !Motion, Ayes 4, Nays 0. (w ATTESIT : • 0 E •- •