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HomeMy WebLinkAbout05-09-1988 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Peterson, Sime, Goetten, and Callahan. The following represented the City staff: City Administrator Bernhardson, Public Works Director Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, Police Chief Kilbo, and City Recorder Peterson. City Attorney Barrett and City Engineer Cook were 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: #31 - Wayzata Inspection Contract - requested by Councilmember Goetten Motion, Ayes 5, Nays 0. AWARD OF COMMENDATION RESOLUTIONS OFFICER JAMES MOROWCZYNSKI OFFICER LARRY TOMCHECK Mayor Grabek read and presented Resolutions of • Recognition to Officers James Morowczynski and Larry Tomcheck, commending them for their act of courage, bravery, and unselfish devotion in saving a life during a house fire that occured on April 12, 1988. PLANNING COMMISSION COMMENTS Planning Commission Chairman Kelley was not able to attend the meeting due to illness. PUBLIC COMMENTS -Art Tourangeau, 2060 Spates Ave., asked about the status of removal of a brush pile and general cleanup of the property located at 1950 Shoreline Dr. Zoning Administrator Mabusth stated that an inspector was directed to inspect the property, however has not reported back on the findings of the insepction. Mayor Grabek directed staff to contact the owner of the property regarding the complaint. Councilmember Sime asked Mr. Tourangeau if the problem with the lights from the• building at 1960 Shoreline Drive has been corrected? Mr. Tourangeau stated that the building is not • currently occupied so the lights have not been on, but will be a problem once the building is occupied. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 PUBLIC COMMENTS CONTINUED Staff stated that the lights referred to were not included and /or in the remodeling site plan, and staff will notify the owner of the building of this problem. -John Hollander, 200 Hollander Rd., voiced his concern with Orono Ordinance No. 9.12, Subd. 11 which states that all dog feces must be cleaned up within 24 hours which is more strict than many other Cities with small lots. He contacted about 50% of the Orono dog owners regarding this ordinance who were all opposed to this ordinance. He asked that the ordinance be looked into more thoroughly and make it a more fair meaning contingent on the size of lot, whether one has a dog run, or amount of acreage. He also felt that the leash law under Subdivision 2 which requires that owners must leash their dog even on their own property is an unfair situation. He also felt that the requirement to have a permit for the keeping of horses which is an added expense for horse owners. He stated that he moved out to Orono in 1956 in order to have animals like many other people have done. Mayor Grabek stated that the basis of the ordinance must • be amenable to all residents wants and desires, some of which are animal lovers and some who are-not. He stated that leash law and horse permit law are extremely important issues. He noted the ad placed in the Pioneer newspaper by Mr. Hollander regarding his concerns as stated above. Mayor Grabek showed the public photos taken by the Orono Police Dept. subsequent to a complaint, of the condition of Mr. Hollander's dog kennel which houses 3 dogs. He stated that he is sorry if Mr. Hollander feels he is being treated unfairly but the City must take into consideration the welfare of its citizens as well as the proper care of the animals. He advised Mr. Hollander that if he has any further complaints to address them - through any legal process he may have. (NOTE: Refer to Item #19 - Animal Control Regulations for further infomation in this matter.) Curt Quady, 1223 South Brown Road, questioned the intent of the Ordinance requiring dog waste be cleaned up within 24 hours in respect to property owners not owning dogs'. City Administrator Bernhardson stated that the unlawful act is against the owner of the dog to permit the solid • waste of the dog to remain longer than 24 hours (not the property owner), in addition the ordinance prohibits failure to prevent ones- own dog from defacating in or upon public property or the property of another. K • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 PUBLIC COMMENTS CONTINUED In reference to a report that the Orono Police are investigating the shooting of a dog, Mr. Hollander felt that the Police Dept. has not followed up on his missing cat which he believes his neighbors are involved in. Mayor Grabek directed Chief Kilbo to provide a written response to Mr. Hollander on this matter. ZONING ADMINISTRATOR'S REPORT: #1129 TODD WATERS 306.1 CASCO POINT ROAD FINAL SITE PLAN City Administrator Bernhardson explained the status of the required restoration of the lakeshore property at 3061 Casco Point Road. Applicant has submitted a final restoration site plan per Council direction , however applicant requests reconsideration by Council regarding the fill adjacent to the house. He noted that the storm sewer study project is pending a signed agreement from the applicant regarding the costs of the study, which is anticipated to be resolved in the next few • days. Todd Waters was present for this matter and explained proposed final site plan. He noted the proposed hardcover trade -off of a pre- existing double retaining wall (which served as a window box) into two separate retaining walls, one of which in a different location. Regarding the fill adjacent to the house, if this is required the house would need to be raised 4 -6" which may cause structural damage to the house, therefore, asks for reconsideration of requiring the fill and approval of the alternative site plan as proposed. City Engineer Cook concurred that placing the fill adjacent to the house would require the house to be raised in order to put in the concrete wall, which presents the potential for structural damage to the house. Councilmember Goetten asked City Engineer Cook when the storm sewer study will be done, and voiced concern on how the applicants proposed amendment, `if approved, would impact the drainage in the study. City Engineer Cook stated that the study should be completed in two weeks. He stated to some extent the • proposal will impact the drainage. 3 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 #1129 WATERS CONTINUED Councilmember Goetten felt that this matter should be tabled until the May 23rd Council meeting pending the completion of the study. Mayor Grabek asked if this matter is in litigation? Mr. Waters stated that he has decided not to legally pursue the matter and wants to solve the matter between the Council, staff, and himself as soon as possible. Mayor Grabek stated that he felt applicant should be required to fill in the dirt and alter the foundation because of what was done to the lakeshore. Councilmember Sime felt that Mr. Waters has tried everything he can to rectify his mistake and would be a tremendous hardship to raise the house, therefore, feels that the proposal is a reasonable compromise following the intent of restoring the land as it was. He would be in favor of Mr. Waters' proposal. It was Councilmember Cal lahan's understanding that the • proposal is in the area of where the catch basin is likely to be and also felt the study should be done prior to taking action. It was moved by Councilmember Sime, seconded by Councilmember Callahan, to table Application #1129 until the May 23, 1988 Council meeting. Motion, Ayes 4, Nays 1. Mayor Grabek voted nay. Motion carried. • #1174 CRAIG ANDERSON* 375 LEAF STREET /3300 BAYSIDE ROAD FINAL PLAT APPROVAL RESOLIITION #2420 . It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2420 approving the Plat of Rebecca Woods for Craig Anderson at 375 Leaf Street /3300 Bayside Road. Motion, Ayes 5, Nays 0. 4 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 #1218 ESTATE OF RUTH SMITH 387 ORONO ORCHARD ROAD SUBDIVISION RESOLUTION #2421 Attorney John Rrenn was present representing the Estate of Ruth Smith. Councilmember Callahan removed himself from the Council for this matter due to his direct interest in the application. City Administrator Bernhardson explained the status of the two lot plat application. All issues have been resolved except for the septic matter which was the basis of the Planning Commission's recommendation of denial. Mr. Dettloff has indicated, through a letter from his attorney, that he would relocate the septic system if it is found to be encroaching upon the lot line or setback. Staff recommends preliminary subdivision approval subject to this condition and subject to resolve of the classification of soils type of the designated wetland prior to final plat approval; and subject to advising the future owner of Lot 2 that • legal access must be obtained via an adjacent property if subdivided. Zoning Administrator Mabusth noted two changes to the drafted resolution as follows: 1. Replacing Edward J. Callahan, Jr. as the authorized agent of the estate with Winston R. Lindberg as personal representative of the estate. 2. Amend Condition #3 (last sentance) as follows: A future access corridor must be provided. Access cannot be provided via the designated wetland in Lot 2. Councilmember Goetten questioned if anything was required to make this subdivision legal after - the -fact? City Attorney Barrett explained that in order to sell this property, a subdivision is required so that it can be recorded, of which subdivision requires City approval, which will then solve the problem. Zoning Administrator Mabusth confirmed that the owner of Lot 1 has no problem with the access serving the existing residence in Lot 2 as proposed. • It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2421 granting preliminary subdivision approval as amended. Motion, Ayes 4, Nays 0. 5 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 #1232 BETZ BUILDERS, INC. /CLEMENT C. KROLL* 60/100 STUBBS BAY ROAD FINAL'SUBDIVISION RESOLUTION #2422 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2422 approving the Plat of Betz Addition. Motion, Ayes 5, Nays 0. 0 • #1254 TRINITY LUTHERAN CHURCH 2060 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT/VARIANCE RESOLUTION #2423 City Administrator Bernhardson explained the application involving a commercial site plan, conditional use permit, and variance for construction of an addition to the Trinity Lutheran Church. He reviewed the following issues: 1) Last Fall a land alteration permit for grading was issued to allow the expansion of the parking lot which permits the alteration of up to 100 cubic yards, and it has been determined that approximately 300 cubic yards of fill has been placed as a result of the grading work which now requires a conditional use permit. 2) Staff finds that the existing septic system is on the verge of failing and the church has been unable to verify the size and capacity of the system. Based on the this information, staff recommends installing a new mound type drainfield system in conjunction with the proposed expansion of the church. 3) The landscape plan and lack of a lighting plan for additional parking lot lighting. 4) The Building Code requirement to install a fire suppression system in conjunction with proposed improvement of the building. There is no municipal water available to this property. He noted other properties in Orono's rural areas that were required to sprinkle the structures. Applicant has appealed to the City to waive the requirement for sprinkling the building, therefore staff recommends this matter be referred to a Building Board of Appeals composed of Council appointed individuals to address alternative interpretations of the code and possible alternatives to the traditional sprinkler system. John Lundquist, representing Trinit y present for this matter., He asked the septic system was on the verge are not having any problems with iti 0 Lutheran Church was why staff felt that of failure when they • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 #1254 TRINITY LUTHERAN CHURCH CONTINUED Assistant Zoning Administrator Gaffron stated the symptoms of imminent failure include wet ground and high grass above the presumed drainfield during a particularly dry season. The Orono City Code adopted in 1978 places the_ responsibility on the City to review the septic system serving the property prior to approving request to upgrade the structure, to assure that the septic system will continue to function properly for the added use. He noted that the church has-been unable to verify that the system has a reasonable chance of continuing to function. It was noted that this is the same requirement that would be imposed on a residential property owner proposing improvements to the property. Mr. Lundquist asked the Council to keep in mind that the applicant was not just an ordinary residence or business but is a church with limited funds and has many other uses for these funds. He felt that if the church can produce findings indicative of a functioning septic system at this time, that they be allowed to obtain • building permit without the installation of a new septic system. Regarding the issue of requiring a fire suppression system, Mr. Lundquist noted the cost of approximately $100,000 and asked the Council for special consideration of this requirement. He noted that the new design of the building would help support the position that the sprinkler system is unnecessary. Mayor Grabek felt that most of the other issues could be worked out but did not feel he could make a determination on the drainfield and fire protection issues without further expert opinions. Mr. Lundquist requested that Council act on their proposed plan pursuant to the Building Board of Appeals review. Staff was unable to fully respond to questions the Councilhad regarding the process involved with a Building Code Board of Appeals and would obtain more information for Council on this process. Councilmember Goetten voiced concern with the lack of adequate parking lot lighting. • Staff stated there was existing lighting but would need to review it further to confirm it was adequate to cover the new parking area. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 ,54 TRINITY LUTHERAN CHURCH CONTINUED Councilmember Peterson asked about the status of daycare in this facility. Mr. Lundquist explained that presently the church has an Early Childhood preschool of approximately 50 children operating out of the church, but no daycare program is planned. Council and staff noted that the City has always required daycare and preschool facilities to be sprinkled. The Council felt that any daycare /preschool use was an important factor to requiring -the fire protection system as well as updating the septic system and would not like the Building Board of Appeals to have the authority to make the final deci.sion on these issues. Staff was directed to obtain information defining the scope of review and process of the Building Board of Appeals for the Council. Mr. Lundquist requested Council approve the conditional use permit subject to the septic system being reviewed in accordance with City guidelines and building permit • process; and acceptance of the staff recommendation for the sprinkling system subject to giving them the opportunity to go before the Building Board of Appeals on this issue. • It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2423 approving the conditional use permit subject to: 1. Resolve of the stockpiled fill on the property. 2. Requiring the septic system be updated. 3. If additional lighting is planned, the plan be approved by staff. 4. The fire protection per State and City Code be adhered to. Motion, Ayes 4, Nays 1. Councilmember Goetten voted nay stating she was not ready to make a determination at this time. Motion carried. N MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 0255 ORVILLE FISHER 1991 FAGERNESS POINT ROAD VARIANCE RESOLUTION #2424 City Administrator Bernhardson explained the request for hardcover and lakeshore setback variances to construct minor additions and revamp garage and driveway areas . Assistant Zoning Administrator Gaffron reviewed the proposed improvements and landscape plan. Councilmember Goetten voiced concern that a mature maple tree would be required to be removed due to the layout of the proposed improvements and felt that possible redesign of the plan could save the maple tree. Orville Fisher was present for this matter and stated that they tried many alternatives to save the maple tree to no avail. Mayor Grabek asked if all the neighbor's concerns regarding the grading and shed location have been resolved? • Assistant Zoning Administrator confirmed that these concerns have been resolved. It was moved by Councilmember Callahan, seconded by Councilmember Sime, to adopt Resolution #2424 granting the variance and conditional use permit per staff and Planning Commission recommendation. Motion, Ayes 4, Nays 1. Councilmember Goetten voted nay because she felt something could be done to keep the maple tree. Motion carried. #1256 METROPOLITAN WASTE CONTROL COMMISSION COUNTY ROADS 84, 51, AND 19 CONDITIONAL USE PERMIT/VARIANCE RESOLUTION #2425 City Administrator Bernhardson explained the request for conditional use permits and variances for construction of the interceptor of which some portions will be located within the 0 -75' area; and construction of lift stations in conjunction with the project. Zoning Administrator Mabusth noted that the necessary public hearings were held and received very few public comments. Councilmember Goetten noted the 15 month time period • involved in this project and the fact that conditional use permits and variances are only valid for one year after the date of approval. 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 41256 MWCC CONTINUED Zoning Administrator Mabusth explained that the project must be started within one year of the date of approval, the project does not have to be completed within the one year time period. It was moved by Councilmember Sime, seconded by Mayor Grabek, to adopt Resolution #2425 granting a conditional use permit and variance, to the Metropolitan Waste Control Commission per staff recommendation. Motion, Ayes 5, Nays '0. #1259 WILLIAM ODDEN 3450 NORTH SHORE DRIVE VARIANCE RESOLUTION #2426 William Odden was present for this matter. City Administrator Bernhardson explained the request for a 75 -250' hardcover variance to construct a 3 -stall detached garage. The construction and proposed hardcover removals result in a decrease from the existing 38.8% 75 -250' hardcover to 37.3 %. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2426 approving the hardcover variance as presented. Motion, Ayes 5, Nays 0. #1260 JOHN NYQOIST 1432 BALDUR PARK ROAD VARIANCE RESOLUTION #2431 John Nyquist was present for this matter. City Administrator Bernhardson explained the request for side setback, street setback, and hardcover variances to allow construction of a detached garage. Planning Commission recommended approval of the requested variances subject to a substantial reduction in the overall hardcover. He noted that a number of years ago the hardcover rules were such that plastic covered rock beds were not considered hardcover as they are now. He also noted the after - the -fact patio constructed on the property in 1982. Assistant Zoning Administrator Gaffron explained that the hardcover as it exists, *the original proposal, and the revised hardcover proposal accomplishing the recommendation of the Planning Commssion. He noted that • the Planning Commission recommended no hardcover increase from the existing 40.9 %, however, since the Planning Commission review, recalculation of the 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 411260 NYQUIST CONTINUED existing hardcover has been determined as 46.3%. Staf f drafted a resolution based on Planning Commission's recommendation of no increase over the existing hardcover. Councilmember Goetten felt that 46% hardcover is excessive and suggested that the application be sent back to the Planning Commission for reconsideration of their recommendation based on this revised existing hardcover calculation. Mr. Nyquist explained how he discovered the hardcover discrepency and brought it to staff's attention. He stated that he interpreted Planning Commission's recommendation to mean no increase over the existing hardcover irregardless of the change in actual existing hardcover amounts. Assistant Zoning Administrator Gaffron reviewed the revised proposal which decreases the 75 -250' hardcover to 44.4%. He noted a few other options to decrease the hardcover in the 75 -250' to 41.9% and 34.3% within the 0 -75' area. • Councilmember Goetten felt that the lower hardcover amounts were more acceptable to her. She also noted the proposed loft area in the garage and felt the resolution should note the prohibited rental use of this area. • Mr. Nyquist stated that he intended to use this area for a workshop and storage. Staff stated they would amend the resolution to reflect the prohibted rental use of this area. Councilmember Callahan felt that the walkway aroun*d the garage to the house and brick walkway to lake should be eliminated to reduce the hardcover. It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to approve the variances subject to removing the brick walkway within the 0 -73' to the lake and the 75 -250' hardcover not to exceed 40 %. Mayor Grabek felt that the walkway around the garage was necessary because there was no other way, except to walk through the garage, to get from the driveway to the house. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 01260 NYQUIST CONTINUED Councilmember Sime concurred with Mayor Grabek and felt that the walkway to the lake should also be allowed to remain noting that the applicant has agreed to remove a tremendous amount of hardcover already. Councilmember Goetten stressed that this severely limited lot consisted of 40% hardcover and strongly felt that applicant must give up a little in exchange for his request. Motion, Ayes 2, Nays 3. Mayor Grabek and Councilmembers Sime and Peterson voted nay. Motion fails. It was moved by Councilmember Sime to approve the the variances with the hardcover removals as indicated and allowing a 2' wide sidewalk around the garage and the brick walkway to the lake. Mayor Grabek asked if Councilmember Sime would consider amending his motion to require removal of the brick walkway to the lake? In order to pass this variance, Councilmember Sime agreed to amend his motion to require the removal of the • brick walkway within the 0 -75' to the lake. Motion seconded by Councilmember Peterson. Motion, Ayes 3, Nays 2. Councilmembers Callahan and Goetten voted nay. Attorney Barrett stated that the granting of a variance requires a 4 /5ths majority vote. Therefore, motion fails.. Based on this fact, Councilmember Callahan suggested that Council send this application back to Planning Commission for consideration of a revised proposal from the applicant. It was moved by Mayor Grabek, seconded by Councilmember Sime, to submit this application back to the Planning Commission to review a redesign. Motion, Ayes 5, Nays 0. ADDENDUM: On May 11, 1988, City Attorney Barrett reversed his position regarding the need for a 4 /5th vote to approve the variance. Barrett noted that his research indicates the statutes do not require a 4 /5ths vote for a variance, but merely a simple majority (3 -2) vote is required, hence the motion • receiving a 3 -2 vote is considered as approved by adoption of Resolution #2431 and the action to table has no validity. 12 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1985 #1262 CURT HAGFORS 1412 BALDUR PARR ROAD VARIANCE RESOLUTION #2427 City Administrator Bernhardson explained the request to replace the foundation under the existing house and to construct major additions to the house and a new detached garage. The proposal consists of lifting the existing house and moving it temporarily into the 0 -75', area while constructing a new foundation which will be located so that it meets the side setback and average lakeshore setback. There is no hardcover in the 0 -75' zone and none is proposed. Hardcover in the 75 -250' zone is proposed at 35.3% requiring a variance. The proposal also consists of removing an existing garage that is located 10' from the street lot line and replacing it with a new detached garage 17' from the street lot line requiring a variance. Curtis Hagfors was present for this matter and noted that he proposes a sidewalk from the garage to the house instead of the stepping stones indicated on the survey. It was moved by Councilmember Goetten, seconded by • Councilmember Peterson, to adopt Resolution #2427 approving the proposal per staff recommendation. Motion, Ayes 5, Nays 0. MAYOR'S REPORT: Mayor Grabek reported that he will be appearing before the City of Long Lake Council on May 17, 1988. He plans to propose a joint Long Lake and Orono community effort of working together. He stated he intends to address the continued threat of annexation on Long Lake's part. PLANNING COMMISSION APPOINTMENT Councilmember Peterson stated that any of the five candidates would be qualified to serve on the Planning Commission noting that it is a difficult decision to choose only one individual for this appointment. It was moved by Councilmember Peterson to nominate Robert L. Minkema, 3200 Bayside Road, as a new Planning Commission member. Her nomination is based on Mr. Minkema's involvement with accounting practices with other cities; and his philosophy on what and how Orono should remain. • There was no second to the motion. Motion fails. 13 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 PLANNING COMMISSION APPOINTMENT CONTINUED It was moved by Mayor Grabek to appoint Sara Moos, 2160 Webber Hills Road, as the new Planning Commission member for the Orono Planning Commission. His nomination is based.on Ms. Moos' philosophical attitude of Orono is consistent with the majority of the Council; and her recreational and educational background. Motion seconded by Councilmember Goetten stating that she was impressed with Ms. Moos' presentation at the last Council meeting and her letter submitted expressing her interest in the position and her phi losphy of the City of Orono. Motion, Ayes 3, Nays 2. Councilmembers Peterson and Sime voted nay. Motion carried. CITY ADMINISTRATOR'S REPORT: PROPOSED SALE OF PROPERTY - PHEASANT ROAD City Administrator Bernhardson reviewed the status of the possible sale of the City owned property.off of Pheasant Road. • Mr. Messer, 2673 Pheasant Road, and his Attorney, Richard Indritz, were present for this matter. No comments were made. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to direct staff to further develop the appropriate documents for the sale under the terms outlined in staff memo dated 4/29/88. Motion, Ayes 5, Nays 0. NAVARRE PARKING LOT - DESIGNATED 2 HOUR LIMITED PARKING RESOLUTION #2428 City Administrator Bernhardson explained that due to the reconstruction on County Road 15, there. has been a request from Navarre businesses to designate certain areas in the Navarre parking lot as two hour parking mainly because there have been problems with Park & Ride customers using many of the parking areas closest to the businesses. .Public Works Director Gerhardson pointed out the areas referred to on the map. Councilmember Sime recommended striping the parking lot without cost to the City with the aid of the Boy Scouts • and the donated use of a striper and guidance from his company. 14 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 NAVARRE PARKING LOT CONTINUED Public Works Director Gerhardson noted that the parking lot has recently been swept and striping the lot has already been planned and included in the maintenance budget. He stated that the Boy Scouts could certainly help if they wanted to. It was moved by Counci lmember Sime, seconded by Mayor Grabek, to adopt Resolution #2428 authorizing the Public Works Department to post "2 Hour Parking" along the south and west side of the Navarre parking lot. Motion, Ayes 5, Nays 0. ANIMAL CONTROL REGULATIONS City Administrator Bernhardson noted that this issue was substantially discussed during the Public Comments portion of the meeting. The only outstanding issue is whether Council wants to direct staff to draft an amendment to the ordinances relating to dog licensing, kennel licensing, and farm animal regulation. John Hollander, 200 Hollander Road, was' present and stated he believes his property (as well as some other • properties) has been grandfathered in not requiring him to have a kennel license. His information is based on his discussions with five attorneys. He noted that the dog ordinances should be enforced fairly. He felt the the ordinance regarding the leash law of ones dog on ones own property should be looked at. Mayor Grabek stated that the City attempts to enforce all ordinances fairly but it does not eliminate total compliance to City ordinances and laws. 0 It was moved by Mayor Grabek, seconded by Councilmember Goetten, that the Council direct Mr. Hollander to apply for and receive a dog license no later than May 31, 1988 together with a residential kennel license and that staff be directed to develop a permit system for farm animals. Motion, Ayes 5, Nays 0. Mr. Hollander asked what action will be taken if he,does not comply with this directive, noting he does not intend on doing so, based on the advice of four attorneys that he has been grandfathered in. Mayor Grabek stated that 'the City has many alternatives and will respond to this action at the appropriate time. 15 C • • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 ANIMAL CONTROL REGULATIONS CONTINUED Mayor Grabek asked staff if there was some other way to address and solve neighborhood disputes (such as in this case) in order to eliminate excessive legal costs to the City. He noted that staff has spent a considerable amount of time and money dealing with Mr. Hollander and his neighbors' problem and that the City could not continue to be the mediator for this neighborhood.. City Administrator Bernhardson noted that staff has in the past referred some cases to the West Suburban Mediations Center. Staff has sent a brochure on this program to Mr. Hollander and to the spokesperson of the neighborhood and hope they will voluntarily resolve these issues. Councilmember Goetten noted that this neighborhood also does not have a homeowners association. City Administrator Bernhardson reported that the residents did not entirely feel a homeowners association was necessary. Mayor Grabek made a plea to the neighborhood to get together to solve their problems and form a homeowners assocation. Councilmember Goetten asked if the City allows live trapping and if it is harmful to the trapped animals? City Administrator Bernahardson stated that the use of live trap-is allowed and generally results in no injury to the animal. AFFIRMATIVE ACTION City Administrator Bernhardson reviewed the information to Council regarding the City's efforts in relationship to affirmative action planning. It was moved by Mayor Grabek, Sime, that the Council accept the City's affirmative action further action on the matter Ayes 5, Nays 0. 16 seconded by Councilmember the information regarding plan status and take no at this point. Motion, • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 COUNTY 15 LIGHTING - COST ESTIMATE City Administrator Bernhardson presented the information regarding the lighting on County Road 15. He noted that the County is down from the 10% contract administration charge to 8 % and staf f wi 11 continue to work to reduce it further in consideration of the previous financial information submitted. Staff requests authorization of four cable crossings as an independent project which would be a savings of approximately $1,300 if they chose to go ahead with the project. He also noted the bill from the County for 10% deposit as outlined -in the agreement with the County. Councilmember Goetten asked if there would be anymore project cost increases? City Administrator Bernhardson stated that staff will continue to work to reduce the costs and do not anticipate any further increases at this time. It was moved by Mayor Grabek, seconded by Councilmember Sime, that the Council direct staff to work further on reducing the cost of the project, authorize the cable • crossing of four cables as an independent project and acknowledge payment of the down payment for the project as agreed to in the County 15 agreement. Motion, Ayes 5, Nays 0. ORDINANCE AMENDMENT - NOISY PARTIES ORDINANCE NO. 51, SECOND SERIES City Administrator Bernhardson reviewed the proposed strategy to deal with large noisy parties by underage individuals. As part of this strategy, staff recommends Council adoption of an ordinance amendment to regulate noise as drafted by the City Attorney. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Ordinance No. 51, Second Series as an amendment to Section 9.20 and 9.21 to more definatively regulate parties which generate an inordinate amount of noise. Motion, Ayes 5, Nays 0. ORDINANCE AMENDMENT - FEEDING OF WATERFOWL City Administrator Bernhardson reviewed the issues of detemining an approach regarding regulation of waterfowl feeding and adoption of language to undertake the direction: Staff recommends Council consider adoption of the proposed amendment, however await more information from Dr. Cooper of the University of • Minnesota regarding the specific distance to limit the feeding. 17 • . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 ORDINANCE AMENDMENT - FEEDING OF WATERFOWL CONTINUED Councilmember Callahan asked why the City shouldn't just ban the feeding of waterfowl? 1. City Administrator Bernhardson stated Council has that option. There were no comments from the public regarding this matter. It was moved by Councilmember Callahan, seconded by Councilmember Sime, to direct staff and City Attorney to draft an ordinance amendment regarding the feeding of waterfowl. Motion, Ayes 5, Nays 0. EQUIPMENT PURCHASE - GOLF COURSE* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the purchase of one greens aerifier from North Star Turf for an amount not to exceed $6,250.00. Motion, Ayes 5, Nays 0. WESTONKA PUBLIC SCHOOL DISTRICT* • RECREATIONAL FACILITIES MASTER PLAN It was moved by Councilmember Sime, seconded by� Councilmember Peterson, that the Council accept the!, information regarding Westonka recreational facilities.'. Motion, Ayes 5, Nays 0. METROPOLITATN WASTE CONTROL COMMISSION EASEMENT* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the permanent easements for the MWCC lift station on platted unimproved right -of -way and a temporary easement for the City property across from 1760 Shadywood Road and to authroize the Mayor and City Administrator to sign the easement documents. Motion, Ayes 5, Nays 0. BOARD OF REVIEW RECONVENING* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to acknowledge the reconvening date for the Board of Review as Wednesday, May 18, 1988 at 7:30 P.M. Motion, Ayes 5, Nays 0. SALARY ADJUSTMENT - KURT ERICKSON* It was moved by Councilmember Sime, seconded bl Councilmember Peterson, to approve the pay adjustment for Kurt Erickson to $15.919 per hour based on tol patrol rate plus 5% longevity step rate effective April • 18, 1988. Motion, Ayes 5, Nays 0. 18 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 COMMENDATIONS* RESOLUTIONS #2429 AND #2430 It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Orono City Council adopt Resolutions #2429 and #2430 in recognition of Officer James Morowczynski and Officer Larry Tomcheck. Motion, Ayes 5, Nays 0. SPRING CLEAN -UP REPORT - DAY 1* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to acknowledge information regarding Spring Clean -up Day 1. Motion, Ayes 5, Nays 0. WAYZATA INSPECTION CONTRACT Councilmember Goetten asked what the anticipated amount of time will be required of Orono staff. City Administrator Bernahardson stated that less than 5% of the Building Inspectors time is anticipated for this service. He noted that there is a reciprical agreement where the Wayzata inspector would assist Orono if needed. • Councilmember Callahan stated he felt there have been occassions in the past where some noticeable occurances within the City have been missed by staff, which may be a result of the service time given to Wayzata. L' It was moved by Councilmember Goetten, seconded by Councilmember Sime, that the City of Orono agree to enter with the City of Wayzata regarding the Building Inspection services contract as outlined in Attachment A to staff memo. Motion, Ayes 5, Nays 0. ADMINISTRATOR'S INFORMATION} It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept City Administrator Bernhardson's Information regarding: 1535 Bohns Point Road, DARE Program, City Facilities -Site Analysis, Minnesota City Managers Conference, Comprehensive Plan Amendment, Marina Licensing, and Goals and Objectives. Motion, Ayes 5, Nays 0. 19 . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 CITY ATTORNEY'S REPORT: RECORDING REQUIREMENTS - OPEN MEETING LAW City Attorney Barrett reported on, the State of Minnesota's requirements regarding the Open Meeting Law which has very few exceptions. The only two exceptions to the Open Meeting Law that may be relevant to Council proceedings are: 1) Labor negotiations - Taping of the closed meeting is required and becomes public information when the contract is completed. 2) The privilege involving any pending or threatened litigation. These closed sessions are not required to be taped or later to become public -information. According the the Data Privacy Act, any documents created for the litigation are considered private documents not available to the public for the pendency of the litigation or until such point that it appears the litigation is going to go away the documents then become public information. Regarding the Attorney - Client privilege, Councilmember • Callahan asked to what extent conversations by the client would initiate this. City Attorney Barrett stated that in a private law suit -_ situation where he has a document or a conversation - with someone and claims an attorney - client privilege to this information. This privilege can be lost if the _ document appears in the paper or otherwise given to third parties and becomes a moot issue in regards to - privileged information. LICENSES* City Attorney Barrett requested an Executive Session at this time to discuss a settlement matter which is allowed under the Attorney - Client Privilege. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the following licenses: Septic System Installers - Quickway Excavating Coppin Plumbing Garbage & Refuse Collectors - Blackowiak and Sons Woodlanke Sanitary Service, Inc. East Tonka Sanitation Motion, Ayes 5, Nays 0. 20 r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 BILLS* It was moved by Councilmember Sime, seconded by Couhcilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. ADJOURNMENT 9:45 P.M. It was moved by Councilmember Sime, seconded by Councilmember Callahan, to adjourn the regular Council meeting at 9:45 P.M. Motion, Ayes 5, Nays 0. • • 21 �.P i r -- WOW a 5-b ni- R., �►1 1