Loading...
HomeMy WebLinkAbout07-11-1988 Council Minutes• MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 ATTENDANCE 7:05 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Peterson, and Callahan. The following represented the City staff: City Administrator Bernhardson, Public Works Director Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning. Administrator Gaffron, .City .Clerk Hallin and. City Recorder Scheff ler. City Attorney Barrett and City Engineer Cook were also present. CONSENT AGENDA* It ..was::. moved by Councilmember Callahan and seconded by- Councilmember Peterson, to approve the Consent Agenda subject to the revision of the following item: #2 - Approval of Minutes - Regular Meeting of June 27, 1988. Councilmember Goetten requested that the minutes be corrected to reflect that she had more comment regarding Request of Ordinance Amendment - Solicitor's Ordinance (page 12 of June 27, 1988 Minutes). Rather than merely commenting that the situation was unfortunate, she further commented that she "felt that the Council i needs to be looking at the County Road 15 area as a total picture including this specific area ". There were no objections,,to this correction, Callahan moved to adopt the Minutes as coriected, Peterson seconded, all in favor, motion passed. I PLANNING COMMISSION COMMENTS Planning Commissioner Cohen was present and had no comments. PUBLIC COMMENTS There were no comments from the public. ZONING ADMINISTRATOR'S REPORT: #1025 ED HENRICH 4115 HIGHWOOD ROAD VARIANCE CONCEPTUAL RESOLUTION It was requested by the Applicants that this matter be tabled until the July 25, 1988 Council Meeting. #1275 DOUGLAS JOHNSON 1399 PARR DRIVE VARIANCE RESOLUTION #2463 Mr.and Mrs. Johnson were present for this matter. City Administrator Bernhardson explained tna:: this was a request for several variances for a substantial reconstruction of the house on the property. It does require a ha- "dcover variance in the 0 -75, although the hardcover is actua €,3y being reduced from 6.5% to 4.5% in the 0 -75. A new deck is proposed to replace an 1 C] MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 existing deck. It requires an average lakeshore setback, an existing sideyard setback, which it's not going to further encroach, and one foot building height variance. Mayor Grabek questioned the walk -out feasibility and was advised that the walkout grading aleady existed. Bernhardson added that the house itself generally sits out of the 0 -75, it's the decks that are in the 0 -75. There were no comments on behalf of the Applicants. Councilmember Goetten had some questions for the Applicants, but had met with them at a time prior to the meeting and had nothing further to ask. • It was moved by Councilmember Goetten and seconded by Councilmember Peterson to adopt Resolution #2463 approving -variances. Motion, Ayes -4, Nays 0. Douglas Johnson, per staff recommendation, Peterson seconded, all in favor, motion passed. #1278 RON TIMM 4496 NORTH SHORE DRIVE VARIANCE RESOLUTION #2464 The Applicant, Ron Timm, was present for this meeting. City Administrator °Bernhardson explained that this is a request for a variance to average lakeshore setback, plus a hardcover variance for construction of a deck. The hardcover variance • request includes a proposal to reduce the existing from about 44% down to about 35% in total; the Planning Commission recommended approval. Mayor Grabek inquired as to whether applicant had any comments or questions regarding the recommendations of the Planning Commission. Applicant stated that he had plans to reduce the hardcover to less than the Commission recommended. Councilmember Goetten commended Applicant on doing that, stating it usually is the other way around. It was moved by Councilmember Peterson, seconded by Councilmember Goetten to adopt Resolution #2464 approving variances. Motion, Ayes -4, Nays -0. #1281 DENNIS MEYER 'i 4731 NORTH SHORE DRIVE VARIANCE RESOLUTION #2465* ;} It was moved by Councilmember Callahan, seconded by Councilmember Peterson to adopt Resolution #2465 approving the variances. Motion, Ayes -4, Nays -0. } >i t s t t n MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 #1283 GARY ESCHER 3556 LIVINGSTON AVENUE VARIANCE RESOLUTION #2466* It was moved by Councilmember Callahan, seconded by Councilmember Peterson to adopt Resolution #2466 approving an after - the -fact variance to Municipal Zoning Code. Motion, Ayes -4, Nays -0. #1291 ALFRED IVERSON 2835 CASCO POINT ROAD VARIANCE RESOLUTION #2467 At the request of the applicant, this matter was tabled to the Council meeting of July 25th. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table to the July 25th meeting.. Motion, Ayes -4, Nays -0. #1296 MERRIT J. PETERSON /RICK STODOLA 1895 SHADYWOOD ROAD VARIANCE RESOLUTION Mr. Peterson and Mr. Stodola were present and were represented by their attorney, Mr. Al Michals. City Administrator Bernhardson explained that these individuals purchased a piece of property from a Mr. Gustafson, known as • Tracts F & G, and constructed a dock on that property. The application involves an after- the -fact variance request to see if they would be allowed to maintain such a dock. Ordinances are such that the dock is an accessory structure and they have no principal structure on the property. Additionally, during the review it was determined that Mr. Tillotsen had also constructed a dock that is not on his property, but on this of property. A related issue to this is whether this of property, in and of itself is a buildable lot so they could actually have a principal structure. Another issue that has been raised, but may need to be reviewed by the City Attorney, is the fact that private docks are defined as an• accessory usage and to the extent that that would require a possible variance, it would be a use variance and not permitted under State law. City Attorney Barrett commented that he felt there were two arguments to be made. It seemed to him that there is a statute which prevents the City from giving a variance for uses and that this request would fall in that category. This was just his preliminary conclusion and he will be further discussing this with City Administrator Bernhardson and Zoning Administrator Mabusth. If it is concluded that this would require a Use Variance, he is not certain whether the Ordinance would allow the City to grant such a variance. The Applicants and their Attorney, Mr. Michals, requested the opportunity to present their case. Mr. Michaels began by commending the staff for their outstanding report. He stated that . in his original discussion with Zoning Administrator Mabusth he 3 MINUTES OF THE REGULAR ORONO I COUNCIL MEETING HELD JULY 11, 1988 asked her what the possibility would be of dock usage in the area. He said that her comment to him was that the question at hand was whether or not the lot was buildable. It was obvious that a 5,000 sq. ft. lot is unbuildable, so it was suggested the applicants go before the Council to see what could be done with this lot. Mr. Michaels referred to the comments regarding the dock as an accessory structure and does not see anywhere in the Ordinance where a dock is referred to as an accessory structure. He went on to confirm the location of the property in question as being a channel near Lord Fletcher's that abuts County Road 19. He addressed the recomendations made by staff: There is no question that there is approximately 5,500 sq. ft. of area, or that the area i.s inadequate to build a home and that it has never been assessed for sewer and water. The tax valuation is nominal:: He cannot disagree that:' the: -lot is subject toy flooding but there have been no findings or evidence or expert testimony that there has been any flooding. There is no question that the lot i•s substandard. He finds it difficult to believe that a dock would create any problems with surface water Drainage. Congestion in the area should not be the result of maintaining a one or two slip dock. Referred to the finding of dimunition of value to surrounding properties as a bunch of nonsense. With regard to the .problem of parking in the area he suggests that the issuance of a dock permit for one or two boats should not create parking problems in the area. • Mr. Michals responded to Finding #8, referring to hardship by stating that the Applicants cannot build a house or any structures and the only thing they can use the property for is a dock: He does not see how the granting of a dock permit would be adverse to the health, safety and welfare of the City of Orono. He respecful ly requested that a permit be issued for the dock for at least one or two boats. Mayor Grabek asked for any questions on the part of the Council or the staff. Zoning Administrator Mabusth stated to Council that the findings noted by Michals dealt with the development of the property as a building site and had nothing to do with the installation of a residential. dock. That they first had to deny the fact that it was a buildable lot and those were the staff findings for building on this lot, not having a dock structure on this lot. Mr. Michals stated that his clients never asked to put a building on the lot. Mabusth noted that the first thing to be determined is the buildability of the parcel before the City can deal with accessory structures. Councilmember Goetter stated that she has never seen an incident where a dock was approved for building on a parcel without a structure and is afraid that a precedent would be set. Mr. Michals addressed the Mayor and mentioned that it was his understanding that his clients do have a dredging permit from the LMCD and that his clients could -go ahead and install a seawall to 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 serve the same purpose. He hopes that he will not have to • challenge the Ordinance but his clients paid a substantial amount of money for the land and they do currently have a dock there. He questioned whether granting this permit would set a precdent due to the fact that there are not that many 5,000 foot lots on a channel in the City of Orono. Mr. Callahan and the Mayor asked about the Tillotsen dock. It was mentioned that the dock had been there for many, many years and was there when applicants purchased the property. Goetten asked the applicants when they purchased the property. The Applicant replied a year and a half ago. Goetten asked if at the time of purchase whether the Applicants .asked the City whether or not it was possible to put up a dock; Applicant responded no. Goetten informed them that it would have been wise for them to have determined that prior to the purchase. Applicant stated that he had spent a great- deal of time with the ,_LMCD about their rules.and regulations and assumed that the LMCD rule °s would •coincide with the City rules. Mr. Callahan understands the staff to be truly concerned even about the use of the property as a ,place to dock even if they were to grant permit. The staff does not feel that there is parking that meets the requirements for parking, even if they just had a dock there. Also, the dock area not only is not close to any principal structure owned by the Applicant, but it is rather blocked by buildings so that it would be difficult to watch the boats on the dock. Mr. Michaels asked why the City would be concerned with the so- called criminal aspects of someone stealing the boat or • equipment. Goetten responded that the Orono Council is concerned about the health, safety and welfare of all of its citizens. She suggested that 41 Mr. Michals checked with the Police Department he would see that boats -are a prime target for stealing. Goetten stated that that was only one of many concerns that she had, and she assumed the entire Council had regarding this issue. Mr. Michaels does not believe that you cannot park two cars on 5,000 sq. ft. of land. Mr. Callahan reiterated that the Planning Commission and Council find this to the contrary. Mr. Michaels stated that the Council is not being practical about the usage of a piece of land. Mayor Grabek stated that this matter does set a precedent,•and that there are problems with placing docks on such small pieces of property around the shoreline of the City of Orono. It has been the policy of the City for years and because the Applicants did not come to the City and investigate the purchase of the piece of property is unfortunate. City Administrator Bernhardson commented. that Mr. Michals felt that the ordinance did not address the issue of accessory use. He thought that the City Attorney had researched that issue under one of the lakeshore zoning classifications that applies to all of the lakeshore zoning classifications; and it does specifically list the use of a private dock. That term may also apply to docking at a seawall. He recommends-that conceptual direction be given to staff regarding this issue and to have City Attorney research the usage issue to see if that is something that should be included in the bounds of a resolution denial if that is the Council's • direction. Goetten questioned whether the Council need be concerned about Mr. Tillotsen docking a boat on his neighbor's property? It was agreed that this issue would be dealt with separately at a later date. E • ;Y i a . K MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 Mayor Grabek suggested that more research be done on the 0' -75' so that there will be no loopholes. Motion made that item #1296 be tabled until appropriate wording can be established to state a denial to protect the intent of the City Code and Ordinances. Callahan interjected that it is clear that they can and must deny the lot area application. It seems to him that the Council could conceptually turn down the accessory dock on the property leaving it to the City Attorney to further advise the Council as to whether or not they would be prohibited from doing such a thing, even if they wanted to. He suggests that in light of fact that he is not in favor of issue, that the matter be denied rather than .tabled... Mayor Grabek said he had no problem with this but wanted to find out if the additional time for research was needed by counsel. Attorney Barrett stated that he could not give a conclusion at the moment, but wouldn't advise that there is a difficulty with denying the lot area application upon the staff's recommendat-ions or the point. disussed . at tonight's :meeting. Callahan stated that because they do not have a specific resolution here, either on the basis of the Planning Commission's recommendation or otherwise, the staff is suggesting that the Council give them conceptual direction. The Mayor said he had no problem with that and withdrew his motion. It was moved by Councilmember CaLlahan, seconded by Mayor Grabek that Council deny the lot area. application of Rick Sto.dola and Merrit Peterson and deny application for an accessory dock on the basis of the Planning Commission's recommendation and findings and that Council direct the staff to prepare a resolution enbodying those concepts and request that the City Attorney advise the Council as to the status of the use. Motion, Ayes -4, Nays -O, motion passed. #1299 NANCY HIGGINS 3017 NORTH SHORE DRIVE CONDITIONAL USE PERMIT RESOLUTION #2468 Applicant Higgins was present. City Administrator Bernhardson explained that this is a request for a Conditional Use Permit on a property that currently has a principal structure, a guest house and a caretaker structure. At... one time these were two separate lots. The applicant seeks a Conditional Use Permit issued in advance of removal and new construction of the principal structure. The guest house does not have heating and cooling and is being used as a guest house only. The one issue, and the staff recommends that the proposed resolution be amended to include putting the applicant on notice there is a screened porch in the 0 -75 and language should be included that applicant cannot repair or replace that structure.. The Mayor asked for any comments from the applicant. Applicant indicated that they are going to put the house further to the east, as suggested, in case someone wants to subdivide in the future, they will then have one acre. The Mayor asked about • subdivision. Zoning Administrator explained that applicant 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 proposes to move the house and, and in selecting the new site, she • will consider required setbacks if there is a future division of the property. Mabusth explained that the house would be positioned on property so that at least one acre could be subdivided in the future. Goetten stated that she just assumed that the house was going to be built about where it was and was concerned about any other additions now that the location of building has been moved. Mabusth stated that everything would be left as it is depending upon where the driveway for the 'new principal residence would be located. Callahan inquired as to how far it was from the Channel to what appears to be the lot line -running parallel to the vacated alley ?. Mabusth said it was farther than 751. Is it possible to divide this property into three? Mabusth stated it was if they meet the 140 ft. lakeshore standard. She has no idea where the Applicant proposes to place the house. Bernhardson stated that it was approximately 380' wide :and it would take 420!: of width to create, three lots. Goetten expressed concern as to whether the City would be giving Applicant a Conditional Use Permit for a guest house and caretaker house and they are now talking about moving the house. Mabusth explained that that was the whole reason why they had to ask the Applicant to come in for the Conditional Use Permit, because of the proposed construction of anew residence. The City Planning staff has to give the Applicant the most background so that when they are planning for the future, when they place that new principal residence, if they are planning to divide the lot in the • future, that it has the correcrt setbacks. More than likely the guest house and caretaker house would not stay. Mayor moved to accept the Planning Commission recommendation as stated, seconded. Goetten asked for additional findings showing the additional non- conforming structure. Motion by Mayor Grabek, seconded by Councilmember Peterson to adopt Resolution #2468 approving C.V.P. Motion, Ayes -4, Nays -0. j #1101 HOWARD BISINGER REQUEST TO EXTEND CONDITIONAL -USE PERMIT RESOLUTION #2192 Howard Eisinger was present for this matter. City Administrator Bernhardson explained that Mr. Eisinger was granted a Conditional Use Permit for his property on Wayzata Boulevard last year that ran for one year. The expectation is { that he is going to get fill from the I -394 construction and use substantial fill in his property. Zoning Administrator Mabusth outlined some of the options. The Council could deny any ;. extension of the Conditional Use Permit that was granted last year. They could approve it fora specific period of time with an extension, as suggested by Mabusth until October 31. We have been given an indication that the bond has been extended. The concern of the City, which stems from a conditional use permit that was granted after Mr. Eisinger's, is the issue of the amount of time a person has to complete the construction once the construction starts. Mabusth suggested in her staff report possibly within -a 30 to 60 day time period. Applicant has indicated that that would not be a sufficient period of time. The City is concerned with two issues: How long this would be extended in total; and from 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 start to finish how long they would be filling. Another • alternative they may have since the deadline has elapsed is to have Mr. Eisinger submit to renew a Conditional Use Permit at half price. The Mayor asked the Applicant how much time he felt he would need. The Applicant stated that there was a delay in obtaining the fill and that he would rather do the project from start to finish. Zoning Administrator Mabusth asked Applicant if he had read her memo containing the three options. She asked Applicant if the October 31, 1988 deadline was realistic or if it would be best to apply for a renewal conditional use permit at this time. Applicant stated that that would be fine and that's all he could ask for. Mayor Grabek interjected that the permit would be issued at half price. It was moved by Mayor Grabek, seconded by Councilmember Peterson to extend Resolution. #2192, Approving Conditional Use•Permit and to issue a- renewal conditional use permit for half the price. Motion, Ayes -4, Nays -0. ENGINEER'S REPORT:* Change Order #1 - Woodhi l l Road - It was moved by Councilmember Callahan, seconded by Councilmember Peterson to approve Change Order #1. Motion, Ayes 4, Nays -0, Motion passed. MAYOR'S • • REPORT: Orono /Long Lake Discussions - Mayor Grabek referred to the letter received from Arlo Vande Vegte in which he states he looks forward to hearing from the Mayor to confirm Orono's agreement to use Ms. Arney and implement the mediation process. Mayor Grabek suggested that the City Administrator set up a meeting as soon as possible so that we can start the process going. He asked for other comments from the Council. Councilmember Callahan had the following comments: This originally began at a meeting in front of the Long Lake City Council. The Mayor proposed that the Council should discuss only the issue of whether or not Long Lake was going to take over the old sewer property in Orono. Callahan is concerned that is the only thing that the City of Long Lake was going to discuss with the City of Orono. Since that time, Callahan has heard that there is the continued pursuit of the idea that Long Lake would take over the Rebers property. The Mayor concurred that he too had heard the same. Callahan stated that it is undesirable to engage in mediation or discussions unless the Council has a clear idea of what they are trying to attain. Mayor Grabek agreed with this and asked how-this matter could be discussed in an executive session. City Attorney Barrett does not believe that that would be possible; the matter would have to be discussed in an open meeting. Mayor Grabek asked if the Council wanted to discuss this matter now or hold off until later. He stated that he would like to get resolved the sewer plant property and not talk about annexation of any other part of Orono, which he opposes; he is opposed to annexation of the sewer plant. He is willing to discuss someway financially, politically, community- relation wise to facilitate or resolve to Long Lake's only property in Orono and meeting certain codes. Getting this out of the way would lead to 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 discussions in the future on shared services, more economical approach to fire and police and facilities and would open opportunities for the two Cities to more closely interact. Callahan reiterated his concern over Long Lake not making it clear as to whether they intend to ask to annex only this one property, or will suddenly ask for more than this one. Goetten expressed that she was likewise concerned. She understood that when the City was being threatened with annexation and legal recourse that that would entitle the Council to go into executive session, but apparently not. City Attorney Barrett addressed Mayor Grabek and Councilmember Goetten stating that if. there is a threat of litigation over annexation, then the Council would have the right to an attorney /client privilege in terms of advice coming from the City Attorney or his experts. However, in this case, where the Council is preparing for a Public Meeting, they would not be allowed that. privilege.: Mayor Grabek. stated that what he really wants to do is to facilitate a meeting where the City would avoid annexation and ask Long Lake how Orono could work out their needs to this piece of property and Orono's needs for the ordinances and restrictions. Councilmember Callahan addressed Barrett stating that since Long Lake is still actively pursuing annexation and indeed are talking to people about it and having people to their Attorney's Office, and since the Council is engaged in looking for a solution to what is a legal threat, the meeting is simply a vehicle related to solving the problem being brought about by the . legal threat of annexation, that they should be allowed that privilege. Barrett stated that if the Council treated this as a settlement conference perhaps, but his instinct is that the Council is talking about preparing for a Public Meeting with another City Council and is reluctant to conclude that it could be done in private. n U Mayor Grabek stated that perhaps they should give this meeting their best shot, open and as free as possible, sit down and try to talk it out and resolve this issue. Goetten expressed the fact that she welcomes the opportunity to sit down with Long Lake since this is the first time it has been done. Would like to have it start-on a positive note. She feels that because of that and other issues that may be involved or not involved that the Council should look at this one item only, rather than opening a pandora's box. COUNCIL CANDIDATE INTERVIEWS - City Administrator Bernhardson reported that Mr. Hollander called and stated he had a family emergency and would be unable to attend, but would like to be considered at a later time, if possible. Mr. Dil lman contacted the City and requested that his name be withdrawn from consideration for Council and indicated that if there was an opening on Planning Commission or Park Commission that he would very much like to have his name included for consideration for that position. 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 Mayor Grabek welcomed all candidates and stated that each do candidate would give an initial statement and then would answer questions from the Council. EDWARD C. BROWN, III Mr. Brown is concerned with the I -394 Project and the resulting pressure on the community of Orono for various forms of development and building on Lake Minnetonka. He has lived in this area all of his life and would like to give something back to that area. He,would like to control the pressure and see that care is ...taken of the Lake. His attributes include being a-resi.dent of Orono for 12 years and has lived near the Lake. He has been on the Planning Commission for almost a year, which has been helpful in giving him perspective on the issues and problems here. He has built a home in Orono and understands the issues involved with -home. building; he has some leadership skills and background in starting a small business within the First Bank System that he feels would be transferable to what goes on with the Council. It is a service - oriented business in which he is involved, as is the Council; he also has a record of Community involvement as pointed out in his resume'. Mr. Brown is concerned with the Highway .12 corridor development. Does believe there should be low density development, mainly office buildings, institutional kind of development with a minimum • of retail activities to avoid traffic congestion and pressure on that area that already has too much pressure. Navarre Development - He does, not know what exactly can be done there and has not paid too much attention. He says it is not a pretty sight right now. If there is some ability to upgrade the building materials of the properties, an overall architectural design for that area may help, including more landscaping, etc. Interaction between the Council and Planning Commission - He understands that the Planning Commission is an advisory body and is appointed by the Council so there must be a limit to how much authority the Commission can have. He feels, however that it has been frustrating for him being a part of the Commission not to have more authority to make decisions on the planning issues and activities in the City. Maybe the concept of a Board of Appeals might make sense to handle variances and some of the more routine things that come before the Commission so they could be more involved with strictly planning. One interim step might be more joint meetings with the Council to make sure both bodies think alike. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 He feels the things the Council ought to focus on in the future • are: Where Highway 12 will go through Orono if it changes the route that it is on currently. There has been some discussion to that of feet. Mayor Grabek asked for any questions for Mr. Brown and stated that both his commitment to the Community and service to the Commission are very much appreciated. His past record and accomplishments are very impressive. Councilmember Goetten told him that the Council is now looking at a study for• a• new City facility•.and asked what his feelings ,are about that? Mr. Brown stated that he feels that the City should not spend a lot of money on that since he assumes the funds will come from the tax base in the City. If there is a way to minimize the .expenditures in general,. that would- be one thing.. . Perhaps an addition to -the existing structure would be the answer. JAMES H. GILBERT Mr. Gilbert feels that there are a lot of things happening in Orono and has always been active in public politics, not in this area, he has only been here for 2 1/2 years. His family goes back many decades here so he is very familiar with what has been going on in this area. He believes there will be a lot of development pressure happening out in this area because it's a very prime • area, not only with Highway 12 opening up, but with all of the choice real estate that is located here, which he feels will be an area in which the Council will be spending a great deal of time. He ,has had a great deal to do with real estate through hi's law practice and individual development in office buildings and residential buildings. • He feels that the Highway 12 corridor development is a significant issue and that if this was a better economic environment right now we would see all-kinds of development. Not only in this area, but in the Navarre area as well, but with the economy the way it is, he doesn't know how soon that will happen. It is something that the City should plan for so that when it does happen, it happens in the right way. He reiterated Mr. Brown's observation about Navarre being in a bad state of repair. Although he feels it does not have the financial support for the cute shops you see in Wayzata, nor does he see any need for any comprehensive redevelopment plan, unless that City is willing to finance it or fund it. He thinks some cosmetic changes could be done. As far as facility needs for the City. He feels that yes, it is a necessity - the present offices are very quaint but feels it is difficult to get professional work done out of the staff and the coordination of the different departments with the present situation. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 He has been involved with politics and believes that • intergovernmental relationships are very important. Mayor Grabek asked Mr. Gilbert if he had an ideal situation on Highway 12 Corridor, what it would be. Mr. Gilbert responded - some more light commercial development along that area of Long Lake. Also thinks Highway 12 is not a very safe highway. He stated more safety features have to be planned in the area. CHARLES KELLEY Introductory comments - He has been on the Planning Commission for the last 6 years and has chaired the Planning Commission for the last year and half. He got interested in the City politics back in the early 80's having moved to the City of Orono in 1978. He moved• here• for definite reasons. Rural characteristics, the 2 5 acre minimum lot sizes. He would 'like to see future property developed within those statutes. Attributes - thorough knowledge of the current statutes and zoning. Highway 12 Corridor Study - Believes that something must be done on Highway 12 and does not know how much should be commercial or residential. He is not in favor of total commercial of the whole parce °1s between •12 and 6. He is in favor of some portion of setback from Highway 12 being commercial and is in favor of lighter commercial, but not fastfood restaurants or a lot of retail, more offices, libraries, churches, etc. Access to Highway • 12 is very important to him. The potential North /South link concerns him the.most. He is against going North. Redevelopment of Navarre Area - He has not been involved with that at all, but believes area does need work. Facilities Needs - He realizes that the staff needs better facilities. The location of a new facility is utmost important to him. as is the cost and the City's taxpayers taking on that cost. Cooperation with other cities - Mr. Kelley feels the City definitely has to cooperate, especially since we contract a lot of services, i.e. fire protection, police. The only way the City of Orono will improve standard of living is through cooperation of those other cities. Council /Planning Commission relationships and responsibilities. He does feel something should be done in this area. He has seen an increased work load for the Planning Commissionl that will continue to increase as I -394 is upgraded and additional pressure is put upon City. Some joint responsibility or delegation of responsibility has to be worked out. Long Term Organizational Planning - He feels that there are areas in the City that definitely need attention. , Solid Waste Management - He is totally against sewer and water in rural residential 2 and 5 acre areas. He came to Orono to keep • the 2 and 5 acres and keep the deer and pheasants running through 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 • his backyard. His major reason for applying for City Council is his concern over the I -394 pressure. He believes it is going to come, especially if you take a look at what has happened out in Apple Valley and Lakeville. He believes Orono is a very unique community and wants to keep it that way. Housing will be an issue and he believes we can .keep our bedroom community a bedroom community. Councilmember Goetten stated that she is sure that everyone appreciates Mr. Kelley's help and leadership within the past few years -as a member and now Chairman of the Planning Commission and welcomes the opportunity to have him before the Council. ALAN R. NETTLES Mr. Nett les•. :is° ,a ' new • resident to Orono , and is a lawyer... He has a lot of interest in the area. He very consciously picked the Orono area in which to live. He had a lot of positive feedback from people they know who live in this area. He agrees that there is going to be a lot of pressure put upon the City as the I -394 project continues. He would like to partake in the decisions made that will affect the Community in which he lives. He would like to uphold the positive factors - larger lot sizes, good schools, etc. He has had a number of experiences that brought him in contact with environmental law, both in law school and with being • an administrative law judge for the last 10 years. He feels he is versed in corridor studies as far as highways and so on. His law school project was to read and outline every national environmental policy as they came down and most•of them were highway siting decisions. He feels with respect to Highway 12 project, if you don't plan it, it will plan you. It is just too prime not to have a lot of commercial development that is either going to happen as a result of some conscious planning or will happen willy - nilly. He would like some light industrial or commercial development, with no fastfood. He would like to see a mandatory buffer that would protect the residential areas. Redevelopment of Navarre - Mr. Nettles reiterated Mr. Kelley's and Mr. Gilbert's feelings. He would like to see some kind of:' i requirement to adopt a cosmetic similarity that would have to be met. The store owners would have to do it themselves, as opposed to the City footing the bill. Facilities needs - No question that they need to upgraded, but the question is where do you do it. He thinks it would be natural for it to be on Highway 12. Council /Planning Commission Responsibilities - Mr. Nettles senses what has been going on based on what has been said by others. He feels the ' Planning •Commission implements what the Council indicates as being the law, so if the Planning Commission is doing a reasonable job interpreting the rules and regulations, then the Council probably ought to stand behind it. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 • Mayor Grabek questioned candidate Nettles about disappointments he has found in the City. Mr. Nettles said that the City has a hard time forcing people to live up to some of the bargains made with the City. CHARLES D. NOLAN.,. JR.., Mr. Nolan has grown up around the Lake Minnetonka area his entire life and understands and appreciates Orono and the changes it has gone through as well as what it is now facing. Mr. Nolan is in the development business and considers it his expertise. He would like to serve the Community whether it be as a councilmember or in some other capacity. His attributes includes having a significant background in development. He has a formal education in that field which gives him planning, architectural experience. He can :....,..:. read. plans well -because. he is a general contractor for commercial. . -and industrial projects. Mr. Nolan has a great deal of experience in going before Boards in various communities in different states and he understands both sides of the fence. He holds a strong opinion that development is good if done properly and does not agree with anti - development attitudes. He feels that Orono needs to look at an overall comprehensive plan to deal with upcoming growth. Highway 12 Corridor Development - Believing that safety needs to be addressed,-he would like to see the area developed in a light commercial /institution manner. Retail should be developed on a residential scale and He does not care for what is in Long Lake. Redevelopment of Navarre Area - He agrees with what Mr. Gilbert said in that Navarre cannot compete with Wayzata but there is an opportunity now for. some sort of development. Facilities Needs - Mr. Nolan believes that there is a need to improve the present facilities. He thinks it is important in order for the City to be ready for what is to come. Mayor Grabek commented on candidate's degree from M.I.T. Goetten inquired whether candidate lived in Boston area for a while. He affirmed that he had. The Mayor told candidate he had a good background, good education and a lot of experience and his excitement and enthusiasm is contagious. ALEXANDER G. VONGRIES Started by saying that he would like to follow in Mr. Sime's footsteps with regard to containing costs. He is interested in the challenge of reconciling the interests of the community and citizens with the rights of the individual property owner. He would look forward -to the hands-on learning experience that would come with counci lmember ship. Dr. Vongries believes he could make a contribution to the City Council - he has been a homeowner in New York, New Jersey and Minnesota for over 36 years and understands the homeowner's interest. Through his profession of a physician, he has had to evaluate available information, often • less than he would like to have, and make important decisions 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 based upon that information. He does not believe that he could add anything further to the issues being discussed by each candidate. Mayor Grabek asked candidate how long he had lived in Orono - he replied less than two years. Mayor asked him what things have disappointed him since he moved to Orono. Dr. Vongries replied that basically he feels that Navarre has a lot to offer. He does not like the fact that many citizens seem to have a disinterest in maintaining their properties in an attractive state. He is sure that'•there will be pressures on the Community from Minneapolis and :.:.that *the Council should. endeavor to maintain the kind of standards Orono now has. He .feels the number of boats per property on the lake 'should be given more attention, as should the issues of drug abuse and AIDS that are national issues that should be given local .....attention: - He mentioned that. Orono is #5 for taxes-In. the State and -would like to see more attention paid to containing taxes. Mayor Grabek asked for any more questions of Dr. Vongries and stated that he had quite a distinguished past and a tremendous amount to offer his Community and the Council. Mayor Grabek stated that he was very impressed with the candidates and their enthusiasm. It is a shame that they cannot have a council with 8 more people. He personally would like to take some additional time and consider all of the candidates' applications. He asked the Council if they would agree to take time to examine the candidates and give those not present an opportunity to meet and be heard and make the , decision at - the next Council meeting. Councilmember Goetten concurred with the Mayor's comment. She stated that she was really impressed with all that was said and what each candidate would have to offer. She has not seen such an array of candidates. Motion by Mayor Grabek, seconded by Councilmember Goetten to table appointment until July 25, 1988. Callahan felt that the qualifications and people applying were outstanding. Agrees that more time should be taken to determine appointment. Motion, Ayes -4, Nays -0, Motion passes. CITY ADMINISTRATOR'S REPORT: _BOHN'S POINT ROAD - FEASIBILITY STUDY - RESOLUTION #2469 City Administrator Bernhardson explained that this had originally been presented back at the first Council Meeting in June. At that time Council had started on a 4 -0 vote that they did not want to have the feasibility study considered. In discussions with.one or two of the Councilmembers they felt that they did not understand 'the split, between the public portion or the private portion and the interest on behalf of the people on the public to have the study done. Due to that confusion, it was appropriate to bring this matter back for further discussion by Council to see if they do in fact want to undertake it because of the public portion, which is $2,000.00. The Engineer says it does not make any 9 difference whether they include the Bohn's Point Circle or not in 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 Councilmember Callahan clarified that the purpose of the • feasibility study is to tell the Council how much the project would cost and whether 22 feet is appropriate. Mayor Grabek inquired as to who would decide whether the project would cost too ...much or too little,-, once the study is complete and a cost is determined? Callahan suggested that the people on Bohn's Point Road could just submit plans for the upgrading, as opposed to the feasibility study. Mayor Grabek asked Mr. Dayton what the agreement of the people on the road was. Callahan stated 54/45. Mr. Dayton clarified by saying that everyone they talked. to said absolutely, go ahead with doing the feasibility study. He informed the Petitioners that they were only indicating interest in having the study done, and not making a commitment to having the roadwork done. He was just conforming to the requirements necessary for paving the road, should it be decided that it is feasible to do so. Peterson asked about the snowplows and whether they would have any affect on the curbs. Public Works Director Gerhardson responded affirmatively. Callahan mentioned that when Winslow was in front of the Council regarding his property, that he stated there was no :• erosion control and no problem or possibility of erosion control and that there was a culvert built to take ,care of erosion control. Gerhardson said that the slopes by Winslow were not as steep as they are throughout the majority of the Road. Mr. Dayton stated that he did not want to make a big issue over the curbs and gutters because they would be happy to do whatever the City would • be willing to go along with. Mayor Grabek inquired of Gerhardson 16 the feasibility study, the price is the same. Mr. Dayton was • present representing the property owners and had indicated that approximately 54% of the people on the public portion of Bohn's Point Road have expressed an interest in the upgrade. Engineer Cook explained what the study would entail and why there is no cost difference in including the Circle. He stated that what he was providing the Council was an estimate of time. That their time would not exceed this time, and could possibly be less. Goetten stated that she drives Bohn's Point Road all the time and that she has no problem in looking, at the fact that an upgrade needs to be done there. She understands that the City would prefer to have a 24 foot road. Public Works Director Gerhardson reported that the problem with the road is that it varies in width just simply from repairs over the years and is 19 feet in some locations,.. -2.1.6 feet in other -. locations. .. He feels the .idea.: is to even 'it ',out. He talked with Mr.-Dayton and Mr. Winslow and agreed on an even 22 feet. Goetten stated she has no problem with upgrading the road, however, she is concerned with curbs and gutters. It is Mr. Gerhardson's belief that the intent is to . provide bituminous curbs. Mr. Dayton stated that the residents definitely do not want concrete curbs and would be very f lexible - in that area. They mainly want something to control water run -off in the area. Councilmember Callahan clarified that the purpose of the • feasibility study is to tell the Council how much the project would cost and whether 22 feet is appropriate. Mayor Grabek inquired as to who would decide whether the project would cost too ...much or too little,-, once the study is complete and a cost is determined? Callahan suggested that the people on Bohn's Point Road could just submit plans for the upgrading, as opposed to the feasibility study. Mayor Grabek asked Mr. Dayton what the agreement of the people on the road was. Callahan stated 54/45. Mr. Dayton clarified by saying that everyone they talked. to said absolutely, go ahead with doing the feasibility study. He informed the Petitioners that they were only indicating interest in having the study done, and not making a commitment to having the roadwork done. He was just conforming to the requirements necessary for paving the road, should it be decided that it is feasible to do so. Peterson asked about the snowplows and whether they would have any affect on the curbs. Public Works Director Gerhardson responded affirmatively. Callahan mentioned that when Winslow was in front of the Council regarding his property, that he stated there was no :• erosion control and no problem or possibility of erosion control and that there was a culvert built to take ,care of erosion control. Gerhardson said that the slopes by Winslow were not as steep as they are throughout the majority of the Road. Mr. Dayton stated that he did not want to make a big issue over the curbs and gutters because they would be happy to do whatever the City would • be willing to go along with. Mayor Grabek inquired of Gerhardson 16 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 whether this project was really necessary. Gerhardson stated yes, that the Road was in really bad shape, and it appears that the residents were willing to pay for the repairs if they were reasonable, which is a good way to get the job done. Callahan questioned a previous statement that the Road was in remarkably good condition and did not need repairs. Goetten stated that she went out there and the road is not in good shape. Gerrhardson stated that the road itself is in good condition, however the patchwork that has been done is not the best looking and it does not conform to a consistent width throughout the entire area, which is what the residents would like to have done. The Council is concerned with the cost involved with one more feasibility study. Goetten pointed out however, that Mr.. Dayton is correct in'that the study does have to be done before anything further could be done. She wanted to discuss Bohn's Point Circle, which is private road maintained by the City. She feels that the City should not be involved in taking over private roads until they look at the situation in the City as a whole regarding private roads. She feels this issue must be addressed since it is becomming more and more prevalent. The question was asked 'of Gerhardson as to just how these private roads were maintained. Gerhardson explains that the roads were there and it was easier to take care of the road as opposed to backing up in someone's driveway • and turning around. Callahan moved that the City not undertake the feasibility study for Bohn's Point Circle deferring any action until the City makes a determination as it relates to public and private roads. Peterson seconded. Mr. Dayton inquired as to whether Council approval would be necessary after obtaining a cost to do the project.? Callahan confirmed that that is correct. If the Council approves, then there is an assessment hearing. Mayor Grabek asked Callahan what his reason for omitting the Circle from the study was. Callahan said that since he'did not intend to vote for the road to be repaired or changed on the Circle, that he sees no sense including it in the study. Motion, Ayes -3, Nay -1. Goetten moved to approve the feasibility study for Bohn's Point Road. Mayor Grabek seconded. Callahan inquired who would pay for --feasibility study. Goetten stated that the cost of the feasibility study, should the project go ahead could be incorporated into the cost of the project and be assessed against the property owners. Goetten read that staff recommendation is that the study be done providing the residents are willing to pay half the cost. So the words "per staff recommendation" will be included in the motion. Peterson questioned what would happen should the project not go ahead; who pays the $2,000.00. City Administrator Bernhardson stated that staff recommends the residents pay half if the project does not go ahead, should it go ahead, it is built into the cost of the assessment. • Mayor Grabek inquired as to how they would obtain the approval of the residents that they will indeed pay for half of the study. City Attorney Barrett stated that they would need a Contract drawn 17 • • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 up. Mr. Dayton stated that he had not approached any of his neighbors about costs so that would be something new he would have to do. Dayton inquired whether that is something that they would contract with our Engineer. Cook indicated that he works for the City and if they authorized him to do this, he would do it. If the Council authorized Cook to do this for the residents and they were to pay the City, he would do that as well. Mayor Grabeck .asked whether a Contract could be made to that effect. City Attorney Barrett indicated that yes, that would be possible. Motion, Ayes -2; Nays -2. Mayor Grabek asked what could be changed to.make motion acceptable... Peterson feels that residents should pay-for entire feasibility study, rather than 1/2. Callahan agrees with this. Mayor asks if this varies from what has previously been done. Mayor asked if the Council wants to change policy to having residents so that residents in the future will pay for feasibility studies?. -Callahan stated that if :the majority of the Council wishes to do so, he will not stand against it. Callahan is against the feasibility study because he does not feel the road needs the improvement. Dayton then asked in the alternative if the residents should do the propject as a neighborhood project and approach the City Council for a permit? Goetten reminded everyone that the Council is short one member. Callahan suggests in that light of this and the fact there is a tie vote, they should table the matter until there are 5 members to vote, the July 25th meeting. Callahan moved to that effect, Peterson seconded. Discussion - Timing. Mr. Dayton stated in his opinion there would be nothing done to the road until Spring, so there.is no problem with tabling. Goetten commented that all one has to do is drive down the road to see that Bohn's Point Road does need some attention. Motion, Ayes -4, Nays -0, Motion passed. MASTER PLANNING - NAVARRE AREA - City Administrator Bernhardson explained that this is a request to engage Mr. John Shardlow to undertake a master planning study of the Navarre area in a process much like what was done for Highway 12, to figure out in public meetings and through his expertise a land use plan for that area. Councilmember Goetten stated that she would definitely like to see something happen in Navarre if the costs are such that they could do so. Even if there was nothing more than a cosmetic uplift, that would accomplish quite a bit. She would like to have the opportunity to have someone look at the options. She asked if Mr. Shardlow's report then go to the Planning Commission. Bernhardson explained that the main focus of this would be use orientated. One of the concerns is that back in the late 601s, early 70's there was an individual that came in and started buying up many properties and was talking about highrises and substantial redevelopment. The fact that there was not a lot of public input to his plans killed the efforts. Goetten stated that it is sad that there was virtually no interest in the Navarre business • downers, which she is sure is due to economics, but believes that 18 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 • there should be something that the City can help them with. Bernhardson said that the City needs to find out what land uses will be appropriate in the area and have a plan in place that would serve as the framework for any redevelopment. He went on to note that the traffic on Highways 12 and County Road 15 are projected to increase significantly in the next 20 years (18,000 to 33,000 for Highway 12 and from 13,000 to 22,000 for County Road 15). There will be an upsurge of traffic through the Navarre area. Councilmember Peterson asked City Administrator ' Bernhardson if Mr. Shardlow will go and speak with the property owners when he does his study or does he just do the study himself? Bernhardson replied that he does take inventory of the area with respect to current land use, storm sewers, storm water ponding, soil types, sewer and water services:, transportation:numbers, etc. From that.:: he and the City set out some goals for the planning process. The goals would be determined by public-meetings and as they continued the process property owners, as they wished, participated in what suggestions they had. Mr. Shardlow would not specifically contact the property owners, but would send notices to everyone in the area affected by the proposed plans. Peterson questioned whether there would be any interest in the project at all, in light of the fact that there was little interest expressed by these owners regarding the County Road 15 project. The Mayor believes there will be a variety of responses. If the City does not begin to • initiate a formalized plan, he believes the Navarre area will stay as is for some time to come. Peterson expressed that she is in favor of this study. Navarre really needs the upgrading. Something should have been after the 1965 tornado. It was moved by Mayor Grabek, seconded by Councilmember Callahan to approve contracting with John Shardlow for a Master Plan for the Navarre area. Callahan believes that unless there is an economic drive from somewhere, whether it comes from the property owners in the area-or outside sources, the Navarre area will not go very far. He is not sure that what Shardlow studied for the Highway 12 project was anything he really wanted to know. There were items that needed to be studied before the plan could be determined because of existing pressure to do the development. However, the Navarre situation mandates an impetus for development, there is no interest for development at this time. Callahan believes that the study will not be enough to prompt the Community into action. That concerns him about spending the money on the study. He would prefer to see some development interest first. The Mayor believes there is the need of the City to have a plan and approach the property owners. If not, the property owners will be happy to keep things as they are. If the City understands the situation and builds the parameters he believes they can utilize that and raise some interest. He does feel that the study needs to be done. Councilmember Goetten believes that it's the role of the Council to get involved with this. She feels that property owners would be inclined to upgrade their property if they knew everyone was • going to. She believes that residents of the Community are 19 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 • looking to the Council to provide some direction. Peterson is hopeful that this process will not put anyone out of business. She would like to get some input from the business owners. Callahan does not want to seek out developers putting up tax increment financing, etc. Motion, Ayes -4, Nays -0, Motion passes. RESPONSE TO ORONO SCHOOL DISTRICT - City Administrator Bernhardson directed the Council's attention to a draft, issue #2 which should say that any development involving grading or building construction. The issue raised on the accessory. uses may have to be woven into that. The playing fields should be considered as a conditional use and the City wants to spell that out and see if there are any -accessory uses. It was moved by Mayor Grabek, seconded by Councilmember Peterson that the Council take the direction that the City has proposed, Callahan asked that-an 'addition be made to.the 'letter notifying the School District that the City is not definitely set on what it intends to do with that property and the City is in favor of a positive working relationship with the School District. Motion, Ayes -4, Nays -O, Motion passed. 1989 BUDGET GUIDELINES - City Administrator Bernhardson stated that rather than waiting until September as traditionally done. He stated that the preliminary budget guidelines are being given now to elicit any comments that the Council may have either now or over the next 2 • months as the budget is prepared. He felt it would give Council more of an input into the budgeting process. Next year it appears as though the entire budgeting process will be moved up 2 months and begin in the middle of May so there can be some preliminary numbers for the Council to look at by the 1st of July. A property tax will be established by the 1st of August under the new Truth in Taxation Law, and complete the process by October 25th. Councilmember Goetten inquired as to how the Council goes about being more vocal regarding the legislature and the issue of taxes. She feels that the Council is being blamed by residents for increased taxes caused by the Legislature. Council acknowledged receipt of 1989 Budget Guidelines. WATER CONSERVATION REGULATION AND GUIDELINES - City Administrator Bernhardson stated that there was a newspaper article drafted about the drought. Councilmember Goetten stated that something is going to have to be done to get people to stop pumping out of the Lake. She wondered whether the Freshwater Biological Institute should be contacted to get their forecast for the near future regarding water conservation. She requested that that perhaps something could be put on the water bills informing the residents about this matter. It was moved by Mayor Grabek, seconded by Councilmember Callahan to have staff follow through on • Councilmember Goetten's suggestions. Bernhardson commented that long term, over the next 5 years, there wi 11 be a lot of attention toward water conversation. Motion, Ayes -4, Nays -0, Motion passes. ORDINANCE AMENDMENT - PRIVATE IMPROVEMENTS ON PUBLIC RIGHT -OF WAY Councilmember Goetten stated that concerns she had regarding 20 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 easements of private roads now exist and it should take care of any problems there may be. City Administrator Bernhardson stated that staff wished to make the addition to include roadway surfacing and private improvements. They appear in certain places, but not in others. The staff will bring back a summary for publication at next meeting. ORDINANCE AMENDMENT - UNDER -AGE CONSUMPTION - Councilmember Callahan asked whether Council had read any of the Liquor Laws on this matter. Discussion took place regarding the term Non_ Intoxicating Malt Beverage. It was moved by Mayor Grabek;,*seconded by-Councilmember Goetten, to approve the ordinance amendment and the summary ordinance regarding under -age consumption. Motion, Ayes -4, Nays -0, Motion passed. BOULEVARD - COUNTY 15 - 'City Administrator Bernhardson explained that this matter involves the issue of grass vs. asphalt along the County Road 15 boulevard. Councilmember Goetten stated that Orono is such an advocate of having green space. In order to begin the process of upgrading Navarre, she feels this is an excellent opportunity. The concern is that commercial properties will not take care of grass as it would be taken care of in a residential area. City Administrator Bernhardson continued to say that if the Council wanted green all along the way, the City would try it. As far as trees are concerned there are approximately 100 trees in the nursery which • could be utilized. It is estimated that it will cost approximately $45.00 /tree to have the City workers plant the trees. Goetten asked whether the business couldn't take responsibility. The Mayor feels that this won't happen and the area will look terrible. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, that both the commercial and residential areas should be grass. Peterson asked for cost difference using cement. Public Works Director Gerhardson estimated the difference to be $6,000.00 higher using concrete. Motion, Ayes -3, Mayor Graybek opposed, Motion passes. • ORONO INTERCEPTOR PROJECT UPDATE - RESOLUTION #2470 - It was moved by Coucilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2470 involving no delays of the Metropolitan Waste Control Commission Project 85 -67. Motion, Ayes -4, Nays -O. CONFIRMATION OF EMPLOYMENT - CITY RECORDER - It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to confirm the employment of Laurie Scheff ler at a rate of $8.19 effective July 11, 1988 for 32 hours per week with prorated benefits. Motion, Ayes -4, Nays -0. SALARY ADJUSTMENT - FINANCE DIRECTOR - It was moved by Councilmember Callahan, seconded by Councilmember 1) i MINUTES OF THE REGULAR ORONO COUNCIL MELTING HELD JULY 11, 1988 . Peterson, to approve an increase in the Finance Director's salary level of to $42,812.64, effective June 14, 1988. Motion, Ayes -4, Nays -0. CRYSTAL BAY SEWER HOOK -UP STATUS - It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to direct staff to continue to work with the legal staff to determine appropriate action and to proceed with legal action if necessary. Motion, Ayes -4, Nays -0. ADMINISTRATOR'S INFORMATION - It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept City Administrator Bernhardson's information regarding: Highwood Storm Sewer; Highway 12 Task Force /Corridor; Sexual Harassment Seminar; Lincoln Drive; 3508 Ivy Place - Water Usage; Goal Setting. Motion, Ayes -4, Nays 0. Mayor Grabek commented on the Lakes Areas Mayor Conference. Has been asked to support the City of Minnetrista in two ways. One by a Resolution, which will be given to City Administrator Bernhardson so it can be passed or not passed in the next meeting to support their move against the Legislature. The second request is one for money. The Mayor is against giving money to the City of Minnetrista to fight their legal battles. Callahan believes the Council should give serious consideration to joining in the lawsuit on behalf of Orono. He believes it is a very bad law and very damaging to Orono and the other communities. A resolution of support for Minnetrista can be initiated, the money aspect should be discussed at another time. The Mayor moved to direct City Administrator Bernhardson and staff to issue a Resolution #2471 supporting Minnetrista, Goetten seconded. Ayes -4, Nays -0. CITY ATTORNEY'S REPORT: No report. LICENSES* BILLS* • It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the following licenses: Solicitation License - Greenpeace USA 2637 Nicollet Avenue South Minneapolis, MN" 55408 Septic System Installer - Ouverson Excavating Route 1, Box 101 Montrose, MN It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes -4, Nays -0. 1) 1) MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY Ile 1988 OURNNENT 10:15 It was moved by Councilmember Peterson, seconded by Mayor Grabek, to adjourn the regular Council meeting at 10:15 P.M. Motion, Ayes - 4, Nays 0. C i n w f 4, Jame Grabek, Mayor