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HomeMy WebLinkAbout08-08-1988 Council Minutesr r • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 8, 1988 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Peterson, Callahan and Nettles. The following represented the City staff: Acting City Administrator Gerhardson, Building & Zoning Administrator Mabusth, City Recorder Scheffler. City Attorney Barrett and City Clerk Hallin were also present. OATH OF OFFICE City Clerk Hallin administered the Oath of Office to Alan - Nettles, the newly appointed Councilmember. Mayor Grabek extended a warm welcome to Councilmember Nettles. CONSENT AGENDA* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the Consent Agenda excepting items #3, and #18, as requested by Councilmembers Goetten and Peterson respectively. Motion, Ayes =5, Nays =O, Motion passed. APPROVAL OF MINUTES* It was moved by Councilmember Nettles, seconded by • Councilmember Peterson, to approve the Minutes of the July 11, 1988 Council Meeting. Motion, Ayes =5, Nays =O, Motion passes. APPROVAL OF MINUTES* Councilmember Goetten requested that Councilmember Callahan's name be inserted in paragraph two, page two, of the Minutes of the July 25, 1988, meeting. The sentence referred to a Councilmember, but did not identify which Councilmember. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the July 25, 1988, Council Meeting, as amended. Motion, Ayes =51 Nays =O. Motion passed. •REPRESENTATIVE JOHN BURGER Representative John Burger spoke to the Council about the major areas on which the Legislature would be focusing. He informed the Council that he is running for another term against the same opponent as in the last election. In campaigning this year, he had not received negative comments concerning the Council, and commended the Council on their performance. He expressed his opinions as to action the Council might take regarding the Minnetrista /Hennepin County Park Board matter. He felt that the City should wait until the issue involving condemnation directly affects Orono. He does not feel that the City will be able to win a lawsuit where constitutionality is the sole basis of the suit. • Mr. Clark Winslow stated that he would like to see the City interject in this lawsuit now, rather than waiting for the Parks Board to try a condemnation involving Orono property. Representative Burger stated that property taxes are due to 1 • MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 JOHN BURGER CONTINUED rise, especially in the western suburbs, but that tax reform is a high priority on the legislative agenda. He is serving on the Governor's Advisory Council on State and Local Relations and his subcommittee is dealing with how the state legislature finances the courts. Child care is another area upon which the Advisory Council is focusing. He is interested in the issues that the Orono citizens feel are important and asked the Council to help keep him apprised of what those concerns are. Mayor Grabek asked Mr. Burger if he was ready to do battle against the impending DFL influence in our Legislature. Mr. Burger stated that although the present system is in need of change, he preferred accomplishing change by using "honey instead of vinegar Mayor Grabek asked Representative Burger for his opinion as to how Orono should proceed with the Minnetrista lawsuit. Mr. Burger's opinion was that the City should wait until there is an issue directly involving Orono before spending any money to defend the constitutionality of this issue. He said that it was a fluke that the matter was passed to begin with and he does not think this issue will surface again. He thinks that Orono should spend as little as possible to "flex its muscles" and show • support for Minnetrista. He said that the constitutional question never goes away, it will always be there and could be legally questioned at a time when Orono was physically threatened. PARK COMMISSION COMMENTS: BIKE /HIRE TRAILS Mr. Bob Kost reviewed the proposed bike /hike trails. The Park Commission has been working on the possible location of some routes through the City. They would like to utilize the Luce Line as the major east /west connector and then look at the various commercial areas, Orono, Long Lake, Mound and Tonka Bay. The initial proposed route would start in Navarre, proceed to Highway #51 to the Old Crystal Bay Road and run straight north, intersecting with the Luce Line which would provide access to Wayzata and west beyond County Road #6, then travel on the north side of County Road 6 to connect with Baker Park. This would allow citizens to access a number of City parks, get a view of Lake Minnetonka and connect up to various commercial areas as well as Baker Park. The Park Commission is looking at various types of trails. A class "A" would be separated from the shoulder of a road, but in the right of way of the road. An example would be to use the north right -of -way of Highway 12 to link the High School and • Middle School with Long Lake. Other areas for separated trails would have to be determined based upon the width of the existing right -of -ways. The details of the trail, such as funding, size, class of trail, construction material for trail, still need attention. Park Commission plans to meet with local law 2 • MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8,-1988 BIKE /HIRE TRAILS CONTINUED enforcement to get their feedback on problems and enforcement. An existing hazard is County Road 15, and it is hoped that the bike trail will provide an alternative and discourage people from using County Road 15. Councilmember Goetten asked whether the Park Commission was considering connecting the Orono bike trail with existing bike trails. Mr. Kost stated that was the general idea. There are sections along County Road 19 going into Tonka Bay that are already marked as bike trails. There is also an extensive bike trail in Plymouth that they are hoping to connect with using County Road 6. Apparently Minnetrista is lookingtinto the possibility of a bike trail and perhaps that could connect with Ordno's trail. Councilmember Goetten was also concerned about safety and adequate signage, specifically on Willow. Mr. Kost said that attention to safety would be given to those connections that would cross Highway #12 and Highway #6. Councilmember Goetten asked if the Park Commission had a cost estimate for'the bike trail. Mr. Kost stated that the project will be quite costly, but felt that doing the project in pieces and obtaining public support would make the project feasible. Acting City Administrator Gerhardson stated that once a project • such as this was approved it would be submitted to Hennepin County and the State for their use when they are planning some upgrading in this area. This could mean possible funding from the County or State for this project. PLANNING COMMISSION COMMENTS No comments. , PUBLIC COMMENTS There were no comments from the public. ZONING ADMINISTRATOR'S REPORT: 11286 GARY RODERICK 1749 NORTH FARM ROAD VARIANCE The applicants were not present for this matter. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to table. this matter until the applicant can be present for this matter. Motion, Ayes =S, Nays =O, Motion passed. #1300 ANTHONY EIDEN 2290 & 2340 ABINGDON WAY CONDITIONAL USE PERMIT • RESOLUTION #2481 The applicant was present for this matter. Acting Administrator Gerhardson explained that applicant was seeking a conditional use permit for the installation of a pond 3 ! MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 #1300 ANTHONY EIDEN CONTINUED between shared boundaries of Lots 8 and 9 of Abingdon Glen. The pond will not encroach into the wetland and will not affect the current drainage pattern of the existing or future drainfield areas. The Planning Commission approved this application. Mayor Grabek asked the applicant if he had the opportunity to review the Planning Commission's information and conditions of approval. Mr. Eiden had read the information and had no questions. There were no questions on behalf of the Council. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to approve Resolution #2481, Conditional Use Permit, per Plann ing Commission recommendations. Motion, Ayes= 5,•Nays =O, Motion passed. 1304 BLOOMQUIST /SUPER VALU 3333 SHORELINE DRIVE VARIANCE RESOLUTION #2482 The applicant was present for this matter. `Acting City Administrator Gerhardson explained that applicant was requesting a setback variance for a parking lot, • which would involve a 0' setback where 20' is required. Applicant was also seeking a 3' setback variance for a pylon sign where normally 10' is required. The Planning Commission had previously recommended approval of this application. Mayor Grabek asked applicant if he had reviewed the material prepared for this meeting. Applicant stated he had reviewed the material and had no questions. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to approve the variances requested by applicant, subject to those conditions set forth in Resolution #2482. Motion, Ayes =S, Nays =O, Motion passed. #1291 ALFRED IVERSON 2835 CASCO POINT ROAD VARIANCE It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this matter until the applicant can be present for this matter. Motion,,Ayes =5, Nays =O, Motion passed. #1280 WENDY WEIHE 1376 BALDUR PARR ROAD VARIANCE - RESOLUTION #2483 It was moved by Councilmember Councilmember Peterson, to approve t. variances subject to the conditions #2483. Motion, Ayes =S, Nayes =0, Motion 4 Nettles, seconded by Le hardcover and setback set forth in Resolution passed. • MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 MAYOR' S REPORT: ORONO /LONG LAKE DISCUSSIONS It was moved by Councilmember Peterson, seconded by Mayor Grabek, to accept August 29, 1988 as the date for individual councilmembers to meet with Facilitator Barbara Arney. Motion, Ayes =S, Nays =O, Motion passed. LAKE MINNETONKA REGIONAL PARK Mayor Grabek reported that he had attended the meeting of the Lake Area Mayors and presented the proposal of using the amicus curiae brief as a legal tool. He was informed by Tim .''.-Thornton., attorney from: Briggs and Morgan representing the landowners, that the brief was not an effective method of legal involvement. Mr. Thornton told Mayor Grabek that he would like to see the surrounding cities become actual parties in the lawsuit, at a cost ranging from $100.00 to $2,000.00 each. Mayor Grabek told Mr. Thornton that he would have to give the matter further consideration. Mayor Grabek further reported that Neil Webber, area representative for Hennepin Parks, said that he was against the park because he opposed the constitutionality of the condemnation. As the meeting progressed, it was discovered that the controversy between Minnetrista and Hennepin Parks had been • reduced to a disagreement over 20 acres. Mayor Grabek suggested to the Mayor of Minnetrista that they participate in more discussion with the Hennepin Parks in an attempt to resolve this difference. Mayor Grabek said that at this time he is not sure whether Minnetrista is in favor of the park or not. City Attorney Barrett stated that he had talked with Mr. Thornton and Thornton wants the area cities involved because it would add weight to the Complaint. Barrett told Thornton that he would like the City of Orono held harmless for the costs should the cities lose and Thornton told him that could probably be arranged. Mayor Grabek stated that he did not know how the City of Orono should proceed. City Attorney Barrett suggested that the Council determine whether their intervention would be for the purpose of preventing the park, or to oppose the constitutional aspect of condemning property. Mayor Grabek stated that they would not want to stop the park, because as he understands it, the City of Minnetrista is concerned about the size of the park, not - stopping the park. Councilmember Callahan stated that ..Mi.nnestrista ,could fight the size issue on their own. If the City of Orono does intervene, it would be due to the constitutional issue. He would rather see Orono present an amicus brief than do nothing. He felt that Minnetrista could possibly compromise and drop the constitutional issue of the • litigation in exchange for a satisfactory size of the park. He wants to see Orono become a party to the lawsuit, due to the fact that should Orono file an amicus brief and Minnestrista settle the case, Orono would have to initiate its own lawsuit in order to pursue the constitutional issue. He felt that the other 5 • MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 LAKE MINNETONKA REGIONAL PARR CONTINUED cities should join in the lawsuit but not expect that Minnetrista will resolve the entire matter. Should they settle the park issue and drop out of the lawsuit, the other cities could proceed with the constitutional issue. City Attorney Barrett stated that Minnetrista's settlement may end the lawsuit entirely. There may not be a basis for litigating the constitutional issue unless Orono can prove that damages occurred within Orono as a direct result of that issue. It will be difficult to substantiate the lawsuit based upon theory only. Councilmember Nettles asked if the City could cite a problem, i.e. increased traffic resulting from the impending park. Councilmember Callahan stated that he could- not see how the-. proposed park would increase • traffic through Orono. Councilmember Nettles inquired as to involving the League of Cities in this matter. Councilmember Callahan agreed that Orono should get the support of the other municipalities, not only for legal strength, but for financial support as well. Mayor Grabek asked whether the filing of the amicus brief would be sufficient to handle this. City Attorney Barrett stated that it ..would not be 'sufficient to keep the lawsuit alive if Minnetrista settled. Councilmember Goetten stated that her prime concern was the • constitutionality of this particular condemnation issue. She inquired as to the most efficient way to proceed in lieu of the amicus brief. City Attorney Barrett responded that the amicus brief would be appropriate in that it would tell the Court Orono is concerned about these devices because they limit the sovereignty of cities in a way that is unacceptable under Orono's interpretation of the Constitution. He said that the next question to consider is whether Orono would seperately be pursuing a lawsuit if Minnetrista had not initiated it. Mayor Grabek interpreted Attorney Barrett's comments to indicate that Orono would get more for their money if they became a party. to Minnetrista's lawsuit. Attorney Barrett stated that the Court can only make a ruling in a case if they can award a remedy, which in this case would be disallowing the Park Board condemnation and stop or delay the development of the park. Mayor Grabek asked whether it would be better to wait rather than jumping in now. Councilmember Callahan suggested waiting to see if Minnetrista will settle and then proceed from there. City Attorney Barrett suggested that it may be best to agree to intervene at some stated price, but let Minnetrista and the other ......Parties know .that Orono. may have a separate interest in- this matter which they are unwilling to compromise. He felt that this was the way that Mr. Thornton would like the cities to proceed. Councilmember Nettles asked if perhaps the City could initiate their own lawsuit and later consolidate it with the existing • Minnetrista suit. Callahan stated that Orono could agree to become a party plaintiff, but specify to Minnetrista that they are doing so with the agreement that Minnetrista will not settle. Mayor Grabek stated that the driving force at this time is N • MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 LAKE MINNETONKA REGIONAL PARR CONTINUED to support Minnetrista. He sees no other motivation coming from the other cities. City Attorney Barrett stated it could be very costly for Orono to proceed with the lawsuit should Minnetrista settle and drop out. Mayor Grabek asked for some direction from City Attorney Barrett that would allow Orono to maintain control on intervention. Barrett recommended that the City agree to become named plaintiffs, stating that Orono may have separate interests, but is willing to join now; recruit other cities to join as well. Counsel from Dorsey should be apprised of the situation and asked to review pleadings and notices of hearing from the Court. Barrett stated that if the City is not a party t.o. -th-e. existing suits, they may find out about any settlement agreement after the fact. Mayor Grabek asked if a letter of intent should be sent to Minnetrista and simultaneously send a letter to each affected city indicating the direction in which Orono is going to proceed and seek their support. The League of Cities should also be notified. Councilmember Goetten felt that this matter did not affect only those cities around Lake Minnetonka, but the entire State. It was moved by Mayor Grabek, seconded by Councilmember • Callahan, to notify Minnetrista of Orono's desire to become a party plaintiff; initiate recognition of a counsel representative from Dorsey and have City Attorney Barrett apprise that attorney of Orono's ,position; direct staff to draft a letter to the Lake cities indicating Orono's position and seeking participation at a fee not to exceed $500.00. Motion, Ayes =5, 'Nays =O, Motion passed. CITY ADMINISTRATOR'S REPORT: BOHNS POINT FEASIBILITY Acting City Administrator Gerhardson explained that this matter was tabled at the July 11, 1988 Council meeting so it could be presented again before the five member council body. The residents on Bohn's Point Road have agreed that they wi 11 pay for two- thirds of the cost of the feasibility study, as opposed to paying one -half. Mr. Clark Winslow was present, representing the residents on the road. Mr. Winslow stated that in the last 5 years, Bohn's Point Road had endured substantial heavy truck traffic due to various construction projects. The road is breaking away in several spots, is uneven and has 6" to 10" holes on the edges.. The residents would like to get the road redone, which means to repair the condition of the roadbed and resurface the road. They also want to even out the edges of the road and bring the road to an even 22' in width. They have also discussed the possibility of a bituminous lip along the edge of the road to • help.control water runoff. Councilmember Goetten was concerned about making the road 22' in width when the Council had recently set a 24' standard for road widths. She wanted to know why this standard was not being 7 • MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 BOHN'S POINT FEASIBILITY CONTINUED upheld. Acting City Administrator Gerhardson stated that this project does not compare with Woodhill in that Bohn's Point is not a completely new road, it is only being overlaid. Also there is only a 33' right -of -way through Bohn's Point. The City would only be making the width even throughout the entire road, not widening the entire road. Councilmember Peterson asked for an estimated cost of the 'project. Gerhardson stated that he could, not commit to a specific fee, but estimated the project to run approximately $20,000.00. Councilmember Callahan reiterated Goetten's concerns about upholding the 24' standard for roads in Orono. He suggested that the feasibility study could include -widening Bohn's Point to meet that . standard. Counci lmember Peterson asked if there would be an agreement drafted for the residents of Bohn's Point Road to sign with regard to payment of the fees for the study. Gerhardson assured her there would be such an agreement. Mayor Grabek asked the Council if any members wished to apprise Mr. Nettles of the previous discussion that had taken place or individual opinions that had formed with respect to the proposed feasibility study. Councilmember Callahan stated that since the study would include widening the road to 241, he may be • willing to vote in favor of it. Councilmember Nettles inquired whether the study would include the effects of runoff and storm sewer drainage. He mentioned the pond in Mr. Winslow's yard. Gerhardson stated that the study would show the areas of drainage. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to undertake a feasibility study for a Bohn's Point Road upgrade which is to include the aspect of widening the road to the 24' standard width. The residents must enter into a written agreement with the City of Orono that would verify that they (the residents) would be responsible for two - thirds of the-cost of the study. Motion, Ayes =S, Nays =O, Motion passed. MINNEHAHA CREEK WATERSHED OPERATION POLICY City Manager Gerhardson asked if there were any questions with regard to Mr. Finkelstein's report. Mayor Grabek thanked Mr. Finkelstein for his efforts. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the report from Mr. Finkelstein and instruct staff to bring the issue back to the Council when it received information regarding the Waters Management Policy in advance of the March 1989 renewal date. Motion, Ayes =S, Nays =O, Motion passed. N. • MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 FINANCING ALTERNATIVES SEWER INSTALLATION Councilmember Goetten stated that she was pleased that the City was looking at other alternatives. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to direct staff to further refine a policy for financing sewer installations in established areas in the community. Motion, Ayes =S, Nays =O, Motion passed.. BUDGET MEETING - SEPTEMBER • The meeting has been scheduled for Tuesday, September 20, 1988. There were not objections to meeting at that time. It was moved by Councilmember. Goetten, seconded by Councilmember Peterson, to establish a special Council meeting for presentation of the budget for review on Tuesday, September 20, 1988, at 7:00 p.m. Motion, Ayes =S, Nays =O, Motion passed. ADMINISTRATION /PERSONNEL POLICY AMENDMENT Acting City Administrator Gerhardson explained that this was an amendment to the existing. Administrative and Personnel Policy'• in regard to sexual harrassment. Mayor Grabek stated that that was a serious issue and any amount of strength that could be given to those policies, the better. Gerhardson stated that • Department Heads had attended a seminar pertaining to this issue and that the other City employees would also attend a seminar. Councilmember Goetten asked if qualifying factors came from the State. Gerhardson explained that the City Administrator had worked with the League and made arrangements with consultants that had been working through the League with several other cities and that is how the project progressed. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt amended section 213, Prohibited Practices, as an amendment to its Administrative and Personnel Policy. Motion, Ayes =S, Nays =O, Motion passed. CRYSTAL BAY SEWER HOOKUP STATUS* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the information regarding the sewer hook -up status in the Crystal Bay area. Motion, Ayes =5, Nays =O, Motion passed. AUTHORITY TO DESIGNATE DEPOSITORIES* Councilmember Peterson inquired, as to what would. happen if the City Administrator or Finance Director had chosen a depository that later is rejected by the Council. City Attorney Barrett asked what would happen especially in light of investing in a 6 month certificate of deposit. Acting City Administrator Gerhardson suggested that this matter be tabled until those • questions could be answered. Councilmember Peterson inquired whether this measure would actually allow the Finance Director to obtain a better interest rate because he could act immediately? Gerhardson replied that it would allow more flexibility. Mayor D • MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 AUTHORITY TO DESIGNATE DEPOSITORIES CONTINUED Grabek stated that there should be guidelines that are to be followed and asked whether the City had such policies. Gerhardson was uncertain as to the extent of the policies. It was moved by Mayor Grabek, seconded b' Councilmember Peterson, to table this matter until further information is presented to the Council. Motion, Ayes =5, Nays =O, Motion passed. APPOINTMENT OF ELECTION JUDGES FOR PRIMARY ELECTION SEPTEMBER 13, 1988 AND GENERAL ELECTION NOVEMBER 8, 1988 RESOLUTION #2484* It was moved by Councilmember Petersor Election Judges for the 1988, and the General Motion, Ayes =5, Nays =O, Councilmember Nettles, seconded by i, to adopt Resolution #2484, Appointing Primary Election to be held September 13, Election to be held November 8, 1988. Motion passed. REFUND - RAINEY ANDERSON* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to authorize a refund to Rainey Anderson for a total of $1,525.00 for overpayment of final subdivision • fees. Motion, Ayes =5, Nays =O, Motion passed. GOLF COURSE RE- ROOFING* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the replacement of the clubhouse roof at a cost of $4,840.00 and to borrow the monies from the general fund_, contingency to be paid back in 1989. Motion, Ayes =5, Nays =O, Motion passed. SALARY ADJUSTMENT TERI NAAB* .It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the step adjustment for Deputy Clerk Teri Naab from $10.33 per hour to Level 4 Step IV, $10.71 per hour, effective July 1, 1988. Motion, Ayes =5, Nays =O, Motion passed. SALARY ADJUSTMENT JAMIE BOSMA* It was moved by Councilmember Nettles, seconded by Councilmember. Peterson, to approve the,step adjustment for Jamie Bosma, Clerical I, from $7.27 per hour to $7.679 per hour effective July 1, 1988. Motion, Ayes =5, Nays =O, Motion passed. 3536 LYRIC AVENUE* • It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the information from the staff regarding the July 11, 1988, violation at 3536 Lyric Avenue. Motion, Ayes =5, Nays =O, Motion passed. 10 0 MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 ADMINISTRATOR'S INFORMATION* - It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: Livingston Tower Park Sculpture; 1972 Shadywood Road; 3508 Ivy Place; Water Conservation Regulations; Orono /Minnetonka Beach Interceptor; and Goal Setting Status. Motion, Ayes =5, Nays =O, Motion passed. CITY ATTORNEY'S REPORT: No report. LICENSES* It was moved by Councilmember - Nettles, seconded by Councilmember Peterson, to approve the following licenses(: Septic System Installer: Clover Hill Co., Inc. Route 1, Box 372A Waverly, MN 55390 Garbage & Refuse Collector: Westonka Sanitation P. O. Box 84 Navarre, MN 55392 0 Motion, Ayes =5, Nays -0, Motion passed. • BILLS* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes -5, Nays -0, Motion passed. ADJOURNMENT 8:35 p.m. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adjourn the regular Council meeting at 8:35 p.m. Motj;on, Ayes =S, Nays =O, Motion passed. othy A:T HalliA, City Clerk Jades Grabek, Mayor 11 A