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HomeMy WebLinkAbout07-25-1988 Council Minutesti • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1988 ATTENDANCE 7:00 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 Gaff ron, City Recorder Scheffler. City Attorney Barrett and City Engineer Cook were also present. CONSENT AGENDA* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve the Consent Agenda excepting item #2, and also items #19, #20, #23, W. and. #28, which Councilmember..Callahan asked. to be omitted. Motion, Ayes =4° Nays =O, Motion passed. EMPLOYEE RECOGNITION - TOM KUEHN Mayor Grabek read and presented Mr. Kuehn, Finance Director, with a Resolution of Recognition, which explained the exceptional job performance and achievments of Mr. Kuehn. Mayor Grabek thanked Mr. Kuehn for all of his help and stated that he was a treasured employee. APPROVAL OF MINUTES It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table approving the Minutes of the July 11, 1988 Council Meeting until the • Council had time to review them. Motion, Ayes =4, Nays =O, Motion passes. LAKE. MINNETONKA- CONSERVATION DISTRICT REPORT JoEllen Hurr, Representative of LMCD, reminded the Council that the August 6th LMCD boat trip for elected officials was coming up and encouraged everyone to attend. She noted that there is an application for Big Island Veteran's Camp docks that require approval. She also noted problems the LMCD is having with regard to a barge that is being stored in Crystal Bay, near Crystal Bay Service. The location of the dock where the barge is being stored is zoned residential, not commercial. An application for commercial dock license has been sent to the owners of the dock and will need approval from the City of Orono for that application. Ms. Hurr does not feel that the application should be approved and has received several complaints from people in the area about the barge. When the LMCD met in June, there was an agenda item requesting payment to Mr. Mixa of approximately $32,000.00 for sick leave, vacation and severance pay. After further review, it will turn out that severance pay to which he will be entitled will be less that half of that figure. She said she will be watching this very closely. The MWCC will be approving their budget and hopefully they will be going ahead with the Orono project. She appreciated Orono adopting the Resolution pertaining to this project. There has been a lot of inter - department turmoil within the MWCC with both their Chief Administrator and • Chairperson having resigned. Mayor Grabek asked where the City stands with regard to the study and reporting basis for the LMCD report to the Metropolitan Council. Ms. Hurr replied that they adopted and accepted a two year plan, with the condition 1 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1988 that they would like a quarterly report. The planning committee meets once a month and she does attend those meetings whenever possible. Mayor Grabek asked about the appointment of a new Director and Ms. Hurr stated that she would bring the new Director to meet the Council sometime in September. Mayor Grabek asked about the condition of Lake Minnetonka. City Administrator Bernhardson commented that the Lake was at its lowest point since the early 19401s. Councilmember Goetten asked Ms. Hurr what guidelines the LMCD were stressing at this time. Ms. Hurr responded by saying that at this time there has been no policy adopted. She was not sure whether regulating the Lake uses is within the jurisdiction of the LMCD and will be studying that issue. Mayor Grabek inquired as to whether there were. any programs - for:dredging channels in place? :Ms. Hurr replied that the Noerenberg Channel will be dredged and rip- rapped by the County. The Mayor stated that he had some feedback pertaining to Forest Lake channel, which apparently is at 2 feet. Ms. Hurr said that the matter should be brought to the attention of the County Board since it is there from which the dredging funds are allocated. Councilmember Goetten asked whether the LMCD is the proper body to be looking at a study committee for water conservation for now and in the future. Ms. Hurr answered affirmatively. Councilmember Callahan asked about the delay in the sewer project. Ms. Hurr answered that it was due to the need for an additional $600,000.00 which was not included in the budget for the project. • PLANNING COMMISSION COMMENTS Planning Commission Chairman Kelley 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 moved by Mayor Grabek, seconded by Councilmember Callahan, to table this-matter until the Council receive a formal request from the .Applicant to withdraw his application for a variance. Motion, Ayes =4, Nays =O, Motion passed. #1128 RAINEY ANDERSON 780 OLD CRYSTAL BAY ROAD SOUTH FINAL SUBDIVISION APPROVAL RESOLUTION #2473* The..Applicants were not present for this matter. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to •approve the final plat of "Trees to Be" for Rainey Anderson, 780 South Old Crystal Bay Road. Motion, Ayes =4, Nays =O, Motion passed. 2 • • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1988 1207 GENE SCANLON 2815 CASCO POINT ROAD VARIANCE RESOLUTION #2474 The Applicants, were present for this matter. City Administrator Bernhardson explained that this is a request for construction,: including hardcover, in-the 01- 75'zone, resulting from the July 23, 1987 storm. They would like to replace the deck, which was 210 sq.ft., with a deck that is 165 sq. ft. The existing shed that was also destroyed by the storm wi 11 now be tucked under the deck. Counci lmember . Goetten• stated that she .does not .feel, the resolution •should include any language pertaining to the health -of the Applicant. She does, not want to set any precedent by allowing such language. Therefore, sub - paragraph E under Finding #3 of the Resolution, shall be removed. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the Resolution #2474 as amended. Motion, Ayes =4, Nays=O, Motion passed. #1280 WENDY WEIHE 1376 BALDUR PARR ROAD VARIANCE The Applicant was, present for. this matter. City Administrator Bernhardson explained that this was a request for hardcover and structural setback variances to construct an addition to the house, as well as decks all around the house. A significant portion of the existing house already sits in the 0' -75' zone. The proposal will reduce the amount of total hardcover in the 0' -75' zone from 30.4% to 30.0% and a net decrease in the 751. -250' from 49.0 %. to 38.9 %. There is an increase in the amount of structural hardcover Applicant pointed out that the deck is already there, not proposed. They plan is to reduce the size of the deck. Councilmember Goetten questioned whether it was necessary to have the road improved. Assistant Zoning Administrator Gaffron stated that it was not a problem at this time. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the variance for Wendy Weihe. Motion, Ayes =4, Nays =O. #1291 ALFRED IVERSON 2835 CASCO POINT ROAD VARIANCE RESOLUTION #2475 Ms. Iverson and the Contractor were present for this meeting. This is a request for hardcover variance in the 75' -250' Zone. ' The Planning Commission directed that the additional construction and •remodeling be done without increasing the amount of hardcover beyond 38.4 %. Councilmember Callahan stated that after visiting with Mr. Iverson, there was confusion as to how he would like to proceed. Apparently the calculations used for determining existing hardcover did not include the landscaping plastic around the house. It did include the asphalt pathway 3 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1988 #1291 ALFRED IVERSON - CONTINUED leading to the tennis courts. Ms. Iverson confirmed that all they required was a small backing -up area so they would not have to back all the way down the driveway. Callahan stated that the current plans seemed to be in accordance with what the Applicant was seeking and questioned why there was so much confusion about, approving this hardcover variance. Zoning Administrator Mabusth stated that originally the Iversons were requesting an increase in the hardcover and the Planning Commission decided that the Iversons could not exceed the 38.4% coverage. Callahan asked why the issue of safety as it pertains.to.the driveway was not discussed. Mabusth replied that that. issue• was- never raised by the Applicants or their contractor. Councilmember Goetten asked if removing the landscaping plastic and pathway would equal the hardcover addition of the turn - around. Mabusth stated that she could not answer that question since the square footage of the landscaping plastic was unknown. It was determined through further discussion that the 38.4% calculation is not accurate. Councilmember Callahan stated that timing is a factor -for the Iversons because they would like to have the building completed in time for their children to begin school in the fall. He would like to see some decision •made, either to hold the Iverson's at 38.4% or give them some extra leeway and limit them to 39 %. However, there was not enough information provided regarding the driveway to make an accurate calculation. Councilmember Goetten stated that if a percentage was approved at least it might resolve the situation, as opposed to tabling the matter and putting it off another two weeks. Mabusth suggested that the contractor file his plans and start the building permit application process. It was moved. by Mayor Grabek, seconded by Councilmember Goetten, to table this matter. He explained to Ms. Iverson that it was very important for the contractor to get the plans in and the building permit application filled out. If he failed to do so immediately, this matter would not be on the agenda for the August 8th Council Meeting. The Mayor went on to say that the Iversons could expect that the Council will approve the variance, but they will need to fine tune the conditions. Ms. Iverson inquired whether the contractor should measure the landscaping around the house. Mabusth stated that the Council is going to have to have that measurement to make their final decision. The contractor explained that they do not file the building plans until the lot is staked out. They do not stake out the lot until everything has been approved. The Mayor explained that the Council needs to know what the contractor is planning before the variance is approved. They cannot run the risk of approving plans now and then having the contractor vary those plans so that the overall amount of hardcover changes. The contractor stated that it is too costly for them to apply for the permit without the, consent of the plans. He asked why he was not informed that there was a problem with the hardcover. Councilmember .Callahan explained that the problem arose following his discussion with Mr. Iverson the preceding day. The contractor pointed out that the turn - around is drawn on the original plans. It was Callahan's impression that Mr. Iverson wanted more turn - around area than what was presently being proposed. Mabusth added that there is additional hardcover that does not 4 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1988 #1291 ALFRED IVERSON - CONTINUED show on the plans. City Administrator Bernhardson recommended that the Council vote on the resolution at the 38.4% figure. Should that prove unattainable, the Applicants can bring the matter back. The contractor stated that all of the present landscaping around the house is going to be removed. Mayor Grabek asked Ms. Iverson if she wants the Council to approve the 38.4% and leave the plans just as they are? The plastic under the flower beds wi•l l have to-be removed. Mayor Grabek withdrew his original motion, Councilmember Goetten withdrew her second. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to accept the 38.4% as stated in the resolution, but also providing that if there is a change, the Applicants .will have the opportunity to bring the matter before Council again. Motion, Ayes =4, Nays =O, Motion passed. #1307 DOUGLAS MERZ 3195 WATERTOWN ROAD VARIANCE RESOLUTION #2476 The Applicants were not present for this matter. There were no further, questions by* the Council or the public regarding this matter. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the variance in a street yard setback as set forth in the • Resolution #2476. Motion, Ayes =4, Nays =O, Motion passed. #1308 ROBERT OWENS 1700 BOHNS POINT ROAD VARIANCE RESOLUTION #2477 The Applicants were present for this matter. City Administrator Bernhardson explained that this is a request for a hardcover variance in the 75' -250' zone. There is currently 3% hardcover in the 01- 751zone. The variance is required to reconstruct a deck that was infested with carpenter ants. Mayor Grabek asked the Applicants if they had any questions. There were no question on behalf of the Applicants, however, Councilmember Goetten questioned the flagstone wall /garden area. Applicant explained that those structures replaced exact same structures washed away in the storm of July 23, 1987. Zoning Administrator explained that there should have been a separate application for a permit for that particular structure. Applicant stated that structure was included in the permit 'application to restore the other -damage caused by the. storm. Councilmember Peterson had a question concerning a potential walkway. Apparently the sod had been removed indicating that some kind of walkway was going to be installed. Mr. Owen explained that they did not want to replace the flagstones because they were waiting to see whether the deck would be approved. Councilmember Goetten asked what Applicants were planning on putting under the deck. There is currently sand there. Applicant responded by saying they were hopeful to plant either grass or some sort of vegetation (hostas) under the deck. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to 5 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1988 #1308 ROBERT OWENS approve Resolution #2477, aproving the variance request. Motion, Ayes =4, Nays =O, Motion passed. BIG ISLAND BOARD OF GOVERNORS REQUEST TO EXTEND TEMPORARY CONDITIONAL USE PERMIT FOR WORK CREWS* It was moved by Mayor Grabek, seconded by Councilmember Callahan to approve the request by the Big Island Board of Governors to extend the expiration date for the temporary conditional use permit to October 15, 1988. Motion, Ayes =4, Nays =O, Motion passed. SIGN ORDINANCE ORDINANCE #55, 2ND SERIES City Administrator Bernhardson explained that this was referred to the Planning Commission for their consideration. The only change he would like to recommend is under sub - paragraph "H - Temporary Signs ". He would like the language "unless permitted as sales or election signs ". Councilmember Goetten asked about garage sale signs. She wanted to know if there was a time frame regulating the length of time those signs can be posted. Bernhardson responded by saying that those signs are not permitted. Councilmember Goetten would like some language added pertaining to a v• responsibility to retrieve the signs once they no longer serve any purpose. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt the sign ordinance #55, Second Series, as amended. Motion, Ayes =4, Nays =O, Motion passed.. ENGINEER'S REPORT: , FEASIBILITY STUDY - LIFT STATION #10 City Engineer Cook explained that this matter involved the replacement or upgrading of Lift Station #10, located near the intersection of County Road #51 and County Road #19. The lift station is a part of the Metro Interceptor Project. Lift Station #45 is being relocated to allow for the elimination of Lift Station #10 by constructing a gravity line that would run from the Lift Station #10 location to the new Lift Station #45 point. The Engineering Staff also explored the option of upgrading Lift Station #10. The upgrading would require building a new structure at the current location. The present Lift Station has . a capacity of 300 gallons/minute. There is some infiltration when there are substantial rainfalls causing backups to occur within the system. Lift Station #10 for the service area 4 has a projected expansion of 300 units. In order to accommodate that, the City would need to upgrade the Station to increase the capacity to 550 gallons /minute. In looking at the cost estimates for each of the options, it was determined that Lift Station #10 replacement would be approximately $81,000.00. The cost of constructing the gravity trunk line would be about is the same. Cook went on to explain some futher upgrading that would improve the f low in that particular area. It was recommended that the lines be enlarged. The looked at the upgrading of lines, rather than the replacement. He stated that the initial capital costs would be about the same, but there would be a $6,000.00 /year savings in using the gravity 6 C� MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1988 trunk line. If the project is to proceed, from where would the funding come? The possibilities of general revenue, sewer revenue bond or some kind of assessment or future trunk charge were all discussed. Should the City decide to proceed with the project, these options would need to be explored. City Administrator Bernhardson stated that this was the first time that the-City has had an opportunity to look at this matter. If they do decide to proceed, construction would not be until next year. This project would then go into the capital budget for next year. .Councilmember Callahan, commented that should the MWCC's sewer project not go through, or gets delayed then more serious consideration would have to be given to upgrading Lift Station #10. If the other Lift Station is not constructed, the gravity trunk line option would be eliminated. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to accept the feasibility study of Lift Station #10. Motion, Ayes =4, Nays =O, Motion passed. MAYOR'S REPORT: COUNCIL CANDIDATE APPOINTMENT • RESOLUTION #2478 Mr. John Hollander and Jim Dillman withdrew his name as a candidate. Mayor Grabek listed the individuals still in the running and complimented them on their outstanding qualifications. It was moved by Councilmember Callahan to nominate Charles Kelley due to his experience resulting from his position as Chairman of the Planning Commission. Coucilmember Goetten seconded the Motion and added that she concurred with everything Councilmember Callahan had stated. It is her opinion that because there is a lot of planning for the future of Orono, that it is important to have someone with Charles Kelley's background on the Council. Motion, Ayes =2, Nays =2. Councilmember Peterson stated that she does appreciate what Charles Kelley has done for the Planning Commission. However, she would like to see another candidate fill the vacancy. She stated that it was difficult to select one candidate out of so many qualified persons. It was moved by Councilmember Peterson to nominate Alan Nettles to fill the vacant Council seat. Mayor Grabek seconded the Motion. Motion, Ayes =2, Nays =2. Mayor Grabek asked for any other nominations from the Council. There were none. Mayor Grabek stated that he would,then excercise his prerogative to appoint a Councilmember. He will notify the City in writing that Mr. Alan Nettles will fill the vacant seat. Councilmember Goetten expressed her displeasure with the Mayor making his decision to appoint c• without allowing adequate time to examine the possibility of another nomination. Councilmember Callahan stated that the Mayor was entitled to make an appointment and did not think that his choice to appoint Mr. Nettles was in any way precipitous. He stated that in his opinion, Mr. Nettles is very qualified for the position and did not see any reason to delay the appointment. Mayor Grabek offered to withdraw his appointment in • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1988 lieu of another nomination. Councilmember Goetten declined to nominate another. Mayor Grabek stated that he would then proceed with his appointment of Alan Nettles. He expressed his hopes that the Council would welcome Mr. Nettles with a positive attitude. Councilmember Goetten stated that she would like it known that she will welcome Mr. Nettles to the Council. She does not recall any Mayor automatically appointing someone to a council position without more time to consider another candidate. She does not approve of that procedure. ORONO /LONG LAKE DISCUSSION City Administrator Bernhardson said that he is currently working with Mr. •.Vande Vegte and Barbara Arney, the facilitator, to set up a time to meet. Nothing had been set up as of the date of the Council meeting. CITY ADMINISTRATOR'S REPORT: WOODHILL AVENUE ROAD CONSTRUCTION City Administrator Bernhardson explained that this was approved by -the Council at the June 27, 1988 Council meeting. The neighbors at 1315, Mr. David Lindstrom and Jane Delaney became concerned when the property was staked out at the 5' offset the layout was not 22' as it had been staked last Fall. That perception was correct because the road was staked at 24' • rather than the 22'. There was a memo drafted depicting the areas where it was more feasible for the road to be 24' rather than 221. Bernhardson met with the Mr. Lindstrom and Ms. Delaney and told them that since the road had been staked at 22' past their property, that is what the City would build. The request before the Council is to reconsider this project. Jane Delaney proposed that the 22' feet be maintained throughout the entire road. She sees no reason for a 24' road. She said that the homeowners on that road preferred a 20' road. She suggested that the 2 foot reduction needed to bring the road to 22' feet in that area come off of her side of the street. That would mean that the phone poles, utility poles and buffer brush on the opposite side of the road would not need to be removed. Bernhardson had recommended that a foot be taken off each side of the road. Delaney does not feel that is an equitable solution since it allows everything on the opposite side of the street to be preserved. Bernhardson replied that after considerable research it would be more beneficial for the road to be 241. The only exception that has been made In the past to a 24 foot road is the private section of Woodhil 1 and Colin Drive. It is the City's recommendation that the remaining road beyond 1315 be 241. wide. With regard to determining from which side of the road the 2 feet would come, there are two points of view. Taking one foot from each side is in accordance with how the road was staked last Fall. Secondly, the City did not want to take 2 feet from one side and create a controversey with that person. It is more equitable to remove equally from • both sides and try to make all efforts to preserve the trees. Councilmember Goetten stated that if the City of Orono has designated 24' to be the standard width for their roads, then she does not want to set a precedent by having a 22' road. She believes that the road should be consistent whether it's 22' or 24' wide. Q • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1988 WOODHILL AVENUE ROAD - CONTINUED Ms. Delaney stated that she initially brought up the issue of the pine trees being saved. Now it appears that inevitably the trees will die. She asked what provisions will be made to replace those trees. She also asked whether they would be responsible for the bank on their side if it erodes. Engineer Cook responded that the bank will be improved. It will be raised a foot so there will be less bank there. Cook clarified the width variance. He explained that especially large trucks driving down the road would break off the edges, which is what is presently happening to the road. A 24' road would allow trucks extra room, especially around the curve in the road, without being out near the shoulder where the breakage occurs. Councilmember Callahan stated that he agreed with Councilmember Goetten with regard to upholding the City's policy as to width and then making the entire road that width. Ms. Delaney asked why the City would build the road prior to the construction in that area being completed? City Administrator Bernhardson stated that it is necessary because the present road is deteriorating and it may take 5 to 7 years to complete the construction on the private residential sites. It was moved by Councilmember Callahan, seconded by Mayor Grabek, that the road be constructed at a width of 241, in a way that the plan was adopted. Motion, Ayes =3, Peterson -Nay, Motion passed. SUPPORT FOR MINNETRISTA LAKE MINNETONRA REGIONAL PARR City Administrator Bernhardson reminded the Council that at the end of last meeting the Council adopted a modified form of the resolution. The City wanted to bring forth the issue of additional support,, as requested by the Council. The Popham Haik Law Firm usually represents the City of Minnetrista, but due to the fact that they also have represented Hennepin Parks in other matters, Minnetrista is using the Larkin, Hoffman Law Firm in this matter. If the City of Orono were to enter into the lawsuit the City would have to use a different law firm. City Attorney Barrett stated that the issues in this case involve 2 questions: One is whether or not the legislature could give general condemnation authority or particular condemnation authority to the entities requesting it. His impression is that they can do so. The other issue involves the garbage bill issue. This arises out of a provision in the State Constitution that states that every law shall have one subject. Due to the fact that the legislation granting authority to Hennepin Parks and the Metropolitan Council was achieved in a "garbage bill" fashion, this should be a strong argument for the City to use. . Councilmember Callahan believes that the legislative bill itself is a bad one as far as the City of Orono is concerned. He believes that the more cities that oppose it, the better chance there is of defeating it. The question seems to be whether the City wants legally put itself on the side of Minnetrista or whether they should continue along as they have ■ • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1988 been. He does. not feel there is any need to financially support Minnetrista. He would like to see the City initiate another lawsuit using separate counsel so it will emphasize the fact that there is multiple concern. The basic issue is whether or not the Council thinks opposing the condemnation proceeding is cost worthy. Mayor Grabek thinks that the issue does need to be addressed. The question is what method of action would be most economical. He is uncertain whether the citizens of Orono would have enough interest to warrant spending money on a legal battle. He does not feel that this issue takes financial priority. Mayor Grabek would like to take some form of action that lets the Courts know the City of Orono has an interest in this without, proceeding in a full scale lawsuit. City Attorney Barrett stated that there would be a conflict of interest if he were to provide the City with a letter to that effect. He feels that the Resolution of Support is a good vehicle to show the Court there is interest on behalf of the City. The City could also as a second option, send a representative to sit in Court and indicate that the City does not wish to intervene at this time, but is concerned. The third option would be to join with other concerned cities. and file an amicus curiae brief highlighting the main issues. A fourth option would be to join in the existing lawsuit. • Mayor Grabek asked for clarification of an amicus brief. Councilmember Callahan explained that its effect is that the City would appear to support one side or the other, without actually being a party to the lawsuit. It provides the opportunity to formally argue the City's position to the Court. Mayor Grabek opined that this would seem to be the best way to insure that the City is apprised of developments in this matter. Councilmember Callahan stated that he would like to see the City try to involve other cities in drafting an amicus brief. Mayor Grabek agreed by stating there should be a letter drafted from the Council and Mayor to the affected communities suggesting such an action. City Administrator Bernhardson pointed out that there was an upcoming meeting at Mayor Smith's home that would provide the opportunity to discuss this proposal. Councilmember Goetten believed that a formal letter should be sent. She expressed her extreme concern over this issue and is happy to see that action is being taken. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to instruct the City to draft a letter from the Mayor and Councilmembers to the appropriate adjacent cities suggesting an amicus brief strategy and requesting a response thereto. Motion, Ayes =4, Nays =O, Motion passed. WATER CONSERVATION REGULATIONS AND GUIDELINES RESOLUTION #2479 - ORDINANCE 53, SECOND SERIES City Administrator Bernhardson stated that the Council had asked the City to provide some language to put into effect an ordinance to regulate water usage. City Attorney Barrett submitted an ordinance for adoption. • Bernhardson would like to add language that would give the Administrator the authority to determine conservation requirements involving the City water system. He stated that there are situations in which an immediate restriction may be mandatory. This amendment would have to be ratified, if acceptable, at the next Council meeting. The City has drafted a Resolution 10 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1988 putting an Odd /Every watering ban pertaining to all water sources, effective August 1st. Councilmember Goetten asked to include the language "including pumping out of wells or lakes" to the Resolution. Warnings will be issued probably on a complaint basis initially. City Attorney Barrett believed that the City has jurisdiction over the lake water when it is poured on land within the City of Orono. It was moved by Councilmember Goetten, seconded by Councilmember Peterson,* to adopt Ordinance #53, Second Series and Resolution #2479 pertaining to water conservation regulations and guidelines as amended. Motion, Ayes =4, Nays =O, Motion passed. BOULEVARD RESTORATION - COUNTY ROAD 15 City Administrator Bernhardson explained that at the last Council meeting Council suggested green along the boulevard. The City explored the options of exposed aggregate or paver brick. It was determined that these two options were not economical and the Staff continues to recommend asphalt in the commercial areas and sod in residential areas. If there would be no additional action taken on this matter, Council's previous decision to sod throughout the entire boulevard would stand. Councilmember Peterson asked what the cost of plain cement throughout the entire area would be. Public Works Director Gerhardson estimated it •would be approximately $15,000.00. It was moved by Mayor Grabek to cement the entire area. Engineer Cook stated that concrete would be the best value for the dollar as far as longevity and maintenance. Councilmember Peterson inquired whether this project should proceed before or after the Navarre redevelopment took place. City Administrator Bernhardson stated that concrete would be much more expensive to remove should it not fit into any future Navarre development. Councilmember Goetten expressed her concern for maintaining the natural, green appearance of Orono. She would like to see this concept of green carried through with the beautification of Navarre. She believes that the residents and commercial property owners would be pleased with the sod once it was in place. Councilmember Peterson stated that she had spoken to some of the commercial owners and they were more in favor of concrete; they did not want the sod. Bernhardson affirmed that the plan presently calls for concrete from the street to the doorstep of the businesses in Navarre near the hardware store. Peterson said that the store owners did inquire about flower boxes. Mayor Grabek reminded the Council that his motion was still on the floor. No one seconded Mayor Grabek's motion. It was moved by Councilmember Peterson, seconded by Councilmember Callahan, to put concrete in the commercial area and sod in the residential area. Councilmember Goetten stated "let Minneapolis be Minneapolis,. let Orono be Orono ". Mayor Grabek stated that no one would care for the sod and asphalt would not continue to look pleasing, especially in hot weather when it would become soft and susceptible to marring and gouging. Motion, • Ayes =2, Nays =2. It was moved by Mayor Grabek, and seconded by Callahan, to have concrete thoughout the entire area with exposed aggregate flower planters in appropriate locations, and obtain a report from the City as to the 11 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1988 feasibilty of the flower planters. Motion, Ayes =2, Nays =2. It was moved by Councilmember Peterson, and seconded by Mayor Grabek, to have cement with planters in the business district and grass and trees in the residential area. Motion, Ayes =4, Nays =O, Motion passed. BOHNS POINT FEASIBILITY* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to table this item until the August 8, 1988 Council meeting to allow the new Council Appointee time to review this matter. Motion, Ayes =4, Nays =O, Motion passed. COMPENSATION ADJUSTMENT MICHAEL GAFFRON* Councilmember Callahan questioned whether this increase was a regularly scheduled review or a merit increase. City Administrator Bernhardson stated that this was a regularly scheduled increase. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to approve the increase in step level for the Assistant Zoning Administrator from $14.57 to $15.17. Motion, Ayes =4, Nays =O, Motion passed. COMPENSATION ADJUSTMENT THOMAS JACOBS* • Councilmember Callahan questioned whether this increase was a regularly scheduled review or a merit increase. City Administrator Bernhardson stated that this was a regularly scheduled increase. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to approve the increase in step level for the Senior Building Inspector from $14.57 to $15.17. Motion, Ayes =4, Nays =o, Motion passed. COMPENSATION ADJUSTMENT SUE BOBZIEN* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve the increase in step level for _Sue Bobzien from 1$10.33 to $10.71. Motion, Ayes =4, Nays =O, Motion passed. PART TIME OFFICER JAMES MORROW* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve the extension of the employment of Officer James Morrow until such time as the situation with Officer Kirnyczuk is resolved or until December 31, 1988, whichever occurs first. Motion, Ayes =4, Nays =O, Motion passed. ADDITIONAL DEPOSITORY RESOLUTION #2480* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to adopt Resolution #2480, making an additional depository appointment for 1988. Motion, Ayes =4, Nays =O, Motion passed. •STRATEGIC GOAL SETTING AUGUST 3, 1988 Councilmember Callahan stated that he will not be able to attend the meeting on August 3rd. He wanted to know if an alternate date could be 12 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1988 set. August 11, 1988 at 7:00 was set as the alternate date. SUMMARY OF ORDINANCE FOR PUBLICATION PRIVATE IMPROVEMENT ORDINANCE #54 SECOND SERIES* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve and publish the summary ordinance amending Sections 6.01, 6.05, and 6.06 of the Orono Municipal Code relating to improvements on public and private roads and rights -of -way. Motion, Ayes =4, Nays =O, Motion passed. 1987 FINANCIAL REPORT PUBLICATION SUMMARY* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve the summary publication of the annual financial report for the year ended December 31, 1987. Motion, Ayes =4, Nays =O, Motion passed. RESOLUTION OF RECOGNITION RESOLUTION #2472* It was moved'by Mayor Grabek, seconded by Councilmember Callahan, to adopt Resolution #2472 recognizing the efforts of Thomas Kuehn, the City's Finance Director, for the 1987 Audit Report. Motion, Ayes =4, Nays =O, Motion passed. AMENDMENT TO THE LIQUOR ORDINANCE • UNDERAGE CONSUMPTION* Councilmember Callahan did not want to be construed as a person condoning public or private drunkeness. However, he does feel that this amendment is an intrusion into the activities of the homes in the community. It also seems to be an ordinance that would be unenforceable 99% of the time. He also felt that the Council had been passing ordinances that seem to come up on the agenda rather quickly. There have been two or three ordinances from the Chief of Police that seem to intrude more and more into the personal lives of the citizens of Orono. He would like to see some facts to substantiate the need for an amendment to this ordinance. City Administrator Bernhardson responded that there have been situations where there have been parties in residences where adults have been present in the house either actively serving alcohol to the minors or ignorant of the situation. The ordinance amendment is designed to place more responsibility on the adults in charge of the premises. Councilmember Goetten stated that she agrees with Councilmember Callahan's views. Callahan went on to say that he did not feel that the number of incidents involving this type of problem warrant an amendment that would impose a criminal burden upon the entire City of Orono. Councilmember Goetten asked whether it would be beneficial to have someone from MADD.come and speak to the Council. Callahan stated that he is philosophically in favor of the ordinance, but does not feel that the Council has the right to pass such an ordinance without the public's further knowledge or input. Bernhardson stated that the City had not had • the opportunity to examine how the "noisy party ordinance" was accomplishing its purpose. He recommended putting this matter on hold for a month. , Mayor Grabek concurred with Callahan's reasoning, but said that if Chief Kilbo had some strong reasoning for passing this ordinance, he 13 • MINUTES OF THE REGULAR ORONO,COUNCIL MEETING HELD JULY 25, 1988 should notify the Council respectively. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to table this matter until clarification from Chief Kilbo could be obtained. Motion, Ayes =4, Nays =O, Motion passed. ADMINISTRATOR'S INFORMATION - Counc,ilmember Callahan inquired as to why our City's Prosecuting Attorney was not prepared for the Court hearing concerning 3536 Lyric Avenue. City Administrator Bernhardson stated that this was not the fault of the City Attorney because this matter was not scheduled to be heard. The City Attorney was in Court for another matter. Mr. Heinke was in Court facing a-Minnetonka charge-)and mentioned that he just been ticketed by the. City of Orono and wanted both charges heard at the same time. The Attorney from Popham Haik was forced to handle the matter even though he was unprepared. Councilmember Callahan also asked what was going on at 1420 Bohn's Point. City Administrator Bernhardson explained that they were trying to stay on top of this. Goetten asked if the resident needed a conditional use permit for the amount of dirt that he is moving. Bernhardson stated that it was all within the parameters of the immediate construction. She asked how long people have to complete, their project. Bernhardson replied that the rules require the exterior to be completed within 2 years of the issuance of the building permit. If the project is not done within that amount of time, the builder should apply for another permit. There had been concern expressed by neighbors about the ongoing construction and the violations resulting therefrom. It was moved by Councilmember Callahan, seconded by Mayor. Grabek, to accept the City Administrator's Information regarding: Master Planning Navarre Area; Highwood Storm Sewer; 1535 Bohn's Point Road; 3536 Lyric; 1420 Bohn's Point; Councilmember Net Pay Change; Livingston Tower Park Sculpture; County Road 15 Progress Report. Motion, Ayes =4, Nays =O, Motion passed. MISCELLANEOUS ITEMS . Mayor Grabek wanted to briefly discuss the application for participation in the Long Lake Parade on the 14th of August. City Administrator Bernhardson will supply the vehicle to carry the Counci lmembers and wi 11 inform them as to the time they are to meet. CITY ATTORNEY'S REPORT: No report. LICENSES* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve the following licenses: . Special Events: Viking Bassmasters of Minnesota October 2, 1988 6:00 a.m. - 3:00 p.m. North Shore Drive Marina 14 r. • 1� MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 25, 1988 Minnesota Distance Runner's Association August 14, 1988 Foot race in conjunction with Corn Days 12:15 p.m. - 1:00 P.M. Septic System Installers: McCarty Water and Waste 6250 Highway 12 West Maple Plain, MN 55359 Motion, Ayes =4, Nays -0, Motion passed. BILLS* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve payment of the All Funds Accounts. Motion, Ayes -4, Nays -0, Motion passed. ADJOURNMENT 9:35 p.m. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adjourn the regular Council meeting at 9:35 p.m. Motion, Ayes =4, Nays =O, Motion passed. 15