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HomeMy WebLinkAbout09-28-1988 Council Minutes0 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1988 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Peterson and Callahan. Councilmember Nettles arrived at 7:40 p.m. The following City representatives were present: City Administrator Bernhardson, Zoning Administrator Mabusth, Public Works Director Gerhardson, and City Recorder Scheff ler. Assistant City Attorney Whitney was also present. CONSENT AGENDA* City Administrator Bernhardson requested the removal of items #3 and #23 from the Consent Agenda. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the Consent Agenda. Motion, Ayes =3, Nays =O, Motion passed. Mayor Grabek made special mention of #10 of the Consent Agenda which appointed Mr. Philip Bradley as the new Park Commission Chairman. Mayor Grabek welcomed Mr. Bradley and thanked him for his previous service as a member of the Park Commission. APPPROVAL OF MINUTES* It was moved by Councilmember Callahan Councilmember Peterson, to approve the Minutes of 12, 1988 Council Meeting. Motion, Ayes =3, Nays =O, PUBLIC COMMENTS . There were no comments from the public: ZONING ADMINISTRATOR'S REPORT: #1303 ALLAN REZABER 1989 FAGERNESS POINT ROAD VARIANCE* The applicant was not present for this matter. seconded by the September Motion passed. City Administrator Bernhardson explained that at the time the meeting information was sent to the Council members, he had not yet received any word from the new property owners. Mr. Rezabek delivered a letter to the City indicating that he would like to withdraw his application. It was moved by Councilmember Callahan,_seconded by Councilmember Peterson, to confirm the withdrawal of application #1303, per the request of Mr. Allan Rezabek. Mayor Grabek pointed out the fact that in previous discussion and voting on this matter he removed himself from the Council due to a personal association with the parties involved. He did not feel there was a need to remove himself in this case where there was no controversy, only a withdrawal. Motion, Ayes =3, Nays =O, Motion 01 _ : ;. MINUTES OF REGULAR ORONO COUNCIL MEETING SEPTEMBER 28,1988 #1303 REZABEK CONTINUED passed. #1311 JOHN PURDY 1975 FAGERNESS POINT ROAD VARIANCE* It'was moved by Councilmember Callahan, seconded by Councilmember Peterson, to refer the revised proposal of John & Susan Purdy for additions at 1975 Fagerness Point Road, to the Planning Commission for further recommendation. Motion, Ayes =3, Nays =O, Motion passed. 1312 WILLIAM LAUER 3165 NORTH SHORE DRIVE VARIANCE - RESOLUTION The applicant was #2504 present for this matter. City Administrator Bernhardson explained that the applicant was requesting a hardcover variance to perform some home improvements. The existing amount of hardcover in the 75 -250' zone is 29.2% where 25% is allowed. Applicant is asking to increase that by .3% in that zone and will compensate that by reducing hardcover in the 250 -500' zone. Mayor Grabek asked Mr. Lauer if he had any questions or concerns pertaining to this matter. Mr. Lauer stated that he would follow through as the City had advised him to do. It wa`s moved by Councilmember Callahan, seconded by Mayor Grabek, to approve #1312, as set forth in Resolution #2504. Motion, Ayes =3, Nays =O, Motion passed. #1301 FREDERICK WHITE 180 NORTH SHORE DRIVE WEST PRELIMINARY PLAT APPROVAL RESOLUTION #2508 The applicant was not present for this matter.. City Administrator Bernhardson explained that matter was a request for a subdivision in order, to conform with a judicial finding and settlement of a land dispute. The lot containing the existing house will be known as Lot 1, and the balance of the parcel shall be designated as Outlot A. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve #1301, per those conditions and recommendations set forth in Resolution #2508. Motion, Ayes =3, Nays =O, Motion passed. 2 Lr • • 4. 1 . • MINUTES OF REGULAR ORONO COUNCIL MEETING SEPTEMBER 28,1988 #1318 SIIAD AZHARI 1745 FOX STREET VARIANCE RESOLUTION #2505 The applicant was present for this matter. City Administrator Bernahrdson explained that Mr. Azhari was requesting a variance in order to construct two pillar monuments in the front of his property. The pillars will form a part of an entrance gate. The pillars and entrance gate will require a height variance of 4 -1/2' and a 50' street setback variance of 39.71. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve #1318, per the recommendations and conditions set forth in Resolution #2505. Motion, Ayes =3, Nays =O, Motion passed. MAYOR'S REPORT: LAKE MINNETONKA REGIONAL PARR City Administrator Bernhardson updated and informed the Council that this matter went to Court Thursday, September 28, • 1988. The case was heard and the Judge indicated to the two parties that she would like this matter negotiated and settled. The parties met in the Judge's chambers for such discussions. Mr. Tim Thorton, the attorney for Minnetrista, will possibly continue handling this matter. The City of Shorewood has joined Minnetrista in this suit. The alternate attorney for the City of Orono has a conflict of interest in that the State of Minnesota is one of the main defendants in this matter. Bernhardson recommended that the City of Orono join as a named party in the lawsuit, which should not cost the City more than $300.00. Councilmember Callahan asked for clarification as to whether the case had been tried. City Administrator Bernhardson stated that the first hearing had occurred. Direction was given at that hearing as to the parties beginning negotiation discussions. Bernhardson added that the case may be settled in the next two weeks: Mayor Grabek suggested postponing. any action until further developments take place. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to table this item. Motion, Ayes =3, Nays =O, Motion passed. ORONO /LONG LAKE REPRESENTATIVES' DISCIISSIONS /OCTOBER 5, 1988* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept to information as it relates to • the discussions between Orono and Long Lake. Motion, Ayes =3, Nays =O, Motion passed. 3'N MINUTES OF REGULAR ORONO COUNCIL MEETING SEPTEMBER 28,1988 • APPOINTMENT - PARR COMMISSION CHAIR* It was• moved by Councilmember•Callahan, seconded by Councilmember Peterson, to appoint Mr. Phil Bradley as Park Commission Chair effective September 28, 1988. Motion, Ayes =3, Nays =O, Motion passed. CITY ADMINISTRATOR'S REPORT: CRYSTAL BAY ROAD City Administrator Bernhardson explained that the July, 1987, "Super Storm ", damaged the shoreline for a length of 300' to 400' on Crystal Bay Road. The City of Orono does not have a right -of -way on Crystal Bay Road, only an easement that covers the travelled portion of the road. Originally, the Public Works Department was trying to seek a solution whereby they could get joint restoration of the bank and the road. In August, 1987, the City Engineer brought forward recommendations for either restoring the bank by laying down a matting; restoring the bank by the use of cribbing; or moving the road back 12' and reducing the slope of the bank. It was determined that moving the road was not feasible because of limited front yard areas which the residents were unwilling to give up. There was a problem due to a lack of easement control as to getting coordination and -acceptance for payment of one of the other two solutions. One of • the options was $90.00 /lineal foot, the other was.$120.00 /lineal foot. During this time frame, Public Works Director, John Gerhardson, was in contact with residents on the road. There was not any progress being made so an alternate solution was proposed in April which involved placing sheathing within-the area the City could claim as right -of -way. The City could not finance the restoration of anything but public property. For safety purposes,- a temporary guardrail would be placed along the portion of the road where the bank needed restoring. This proposal was taken to the Planning Commission in July. At that time, the residents indicated that they wanted to close the road. Minnetonka Beach informally indicated back in December, 1987 that they would not agree to close the road. One of the issues involved is the fact that the street is currently a through street and public safety access would be a concern. If the road is closed in the front, there may be a need for access for the properties on the east end of the road. It was requested at the July 18, 1988 Planning Commission Meeting that the City of Minnetonka Beach be reapproached on the issue.of closing the road. Minnetonka Beach discussed this matter at their September 12, 1988 Council Meeting and determined that they were still not in favor of closing the road. City Administrator Bernhardson stated that the City would like to conclude this ongoing problem by proceeding with the • sheathing. This would restore the road now and allow the residents to deal with the dead - end /cul -de -sac issue at a later time. 4 • MINUTES OF REGULAR ORONO COUNCIL MEETING SEPTEMBER 28,1988 CRYSTAL BAY ROAD CONTINUED Mrs. Lorraine Moss'stated that``she "had lived on Crystal Bay Road for 42 years and was not in favor,. of closing it. The residents requesting the road be closed had alternative access or their garage placed behind the road. Mrs. Moss stated that there are too few roads that allowed a lake view. She also added that dead - ending the road would mean that City maintenance for utilities and street cleaning would discontinue. Mrs. Moss stated that the road belongs to the residents on the street. She suggested that the bank be repaired and each resident on the road be assessed a portion of the cost. Mr. Schupp introduced himself as being the individual who circulated the proposal to close the road. He said that the proposal was self - explanatory and that any efforts to dead -end or close the road ought to be tied into the efforts to repair the road. Mr. Schupp informed Mrs. Moss that their, proposal did not include dead - ending the road in front of her house. Mrs. Moss stated that she would have to go three miles out of her way to get to friends' houses in Minnetonka Beach. Mr. Schupp felt that closing the road would benefit all the affected property owners. A petition was circulated and Mrs. Moss was one of the residents that did not agree with closing the road. The road was meant to • be a "local traffic only" road, not a public through street. Mayor Grabek indicated that the Mayor of Minnetonka Beach confirmed on September 28, 1988, that the City was not in favor of closing the road. Councilmember Callahan expressed his agreement with Mrs. Moss, in that the road had always existed as a through road and it should remain that way. Mr. Duane. Schibilla disagreed by stating that the road was never intended to be a through road. Callahan stated that the road was a through road in that you could begin at one end and come out the other. Mrs. Moss stated that the road was always used by local residents to go to the Beach and to the Club: Mr: Schibilla stated that his proposal was not restricting the original intent of the road. Callahan stated that he could understand the position of the residents. It was his opinion that the property values of the residents on the road would go up considerably if the road were closed. Historically, however, the road has been used by the Public and has been a connection with Minnetonka Beach. Mrs. Moss asked Mr. Schibilla if he would be in favor of allowing some of his property to be used for an alternate access. Mayor Grabek interjected that there could be many alternatives proposed, but the issue of repairs and closing or not closing should be addressed for the time being. Councilmember Peterson asked Public Works Director Gerhardson for a definition of "local traffic only ". Gerhardson replied that the purpose of those signs was to reduce the through traffic on • the road. It also enabled the speed limit to be reduced to 15 miles per hour. Peterson asked on whose property the dirt road behind the residents was located? Gerhardson stated that a 5 MINUTES OF REGULAR ORONO COUNCIL MEETING SEPTEMBER 28,1988 • CRYSTAL BAY ROAD portion of it was on the railroad right -of -way. Mr. Schupp concurred with this and added that he had been trying to obtain a public easement from the railroad. Mr. Schupp felt that if a right -of -way could be obtained, it would solve the problem of an emergency access. Northview could be extended and a railroad crossing could be installed which would allow Minnetonka Beach their access. Mr. Schupp stated that he was willing to pay the cost of the acquisition of the public easement. Schupp also i stated that the Minnetonka Beach Council had indicated that this issue was really of no concern to them; it was more a problem for Orono. Mayor Grabek stated that should the road be closed, another access would need to be_.available for certain parts of the street. Mayor Grabek stated that the question is whether the road is to be closed or repaired? Grabek also asked whether the City would still need to repair the road if it were closed. Public Works Director, Gerhardson, stated that would depend upon where the road was closed. If it were closed east of the damage, the City could vacate that portion as a public roadway and dedicate the land to the abutting property owners, then they could make the repairs themselves. The City would still have to obtain utility easements because there are sanitary sewer and gas lines under the road. It would be difficult to obtain enough property • to make the road into a cul -de -sac. Mayor Grabek asked if there was still enough time left before the winter to fix the road? Gerhardson replied that it would, be close, but they could get the job done. Mr. Bill Wolf stated that this had been a long, drawn out process. All the residents were asking was to get 8 -10 pieces of property fixed up, while taking the City of Orono into consideration as well. He hated to think that this matter would be passed by 4 or 5 people who were really negative about this matter. He cautioned the Council to carefully examine this matter from all aspects. Leesa Anderson stated that she obtained the signatures on the petition and that the petition should stand for something. She said there were people in her area that were willing to go out of their way just so the road could be closed. She stated that the value of their property was not as much an issue as safety. The residents all met at her house to prepare the proposal and had to move their cars so that a dump truck could get through. City Administrator Bernhardson stated that the issues at hand did not need to be decided that evening. The proposal for the conditional use permit for the repairs will be before the • Planning Commission on the 17th of October. The Planning Commission's recommendation from that meeting could then be taken 0 r. • MINUTES OF REGULAR ORONO COUNCIL MEETING SEPTEMBER 28,1988 CRYSTAL BAY ROAD CONTINUED to the Council on the 24th of October. Mr. Lee Erger, another resident on Crystal Bay Road, stated that he had some discussions with Public Works Director Gerhardson concerning repairing the bank. It was Mr. Erger's understanding that there would be nothing done with his property, only the "S" curve. If that was the case, why were there flashing yellow lights and snow fencing in front of his house. Gerhardson replied that the area is damaged beyond the edge of the blacktop and the City cannot legally repair beyond that point. Mrs. Moss inquired as to what the cost would be to repair the bank. Ms. Schibilla stated that there was a gas line exposed on a very dangerous corner. Mayor Grabek stated that this was a difficult situation. He reminded the public that a full Council was not present and unable to contribute to this matter. The Mayor's main concern is that if the road is being used, it should be repaired before the winter sets in. If action to close the road were taken, Minnetonka Beach would need to be considered. There was a contrast between what the Mayor of Minnetonka Beach had told him and what the residents were told. Mr. Schupp clarified that as long as Minnetonka Beach was being asked for their input, they did not want the road closed. However, they did not feel that • the issue of closing the road was their concern, it was Orono's. Public Works Director Gerhardson stated that Minnetonka Beach was being asked because closing the road would have an impact on them. Leesa Anderson stated that in her opinion, Minnetonka Beach was concerned about the homeowner's insurance liability should the road be deadended. She had been informed by two different insurance companies that because the fire hydrants were located behind the properties that would not be the case. Councilmember Callahan asked Mr. Wolf if he had attended the Planning Commission meeting in which this topic was addressed. He stated that the Planning Commission recommended that this matter be discussed with Minnetonka Beach and that the residents work with City staff to get this matter resolved. Mr. Schupp stated that he had tried to work with the Zoning Department and was told that nothing could be done without talking to Minnetonka Beach first. Councilmember Callahan stated that the day after the Planning Commission meeting he received several phone calls and a visit from citizens of Minnetonka Beach that were concerned about closing the road. Callahan also added that this matter had come to a "catch 22" situation in that the City wants to work out a solution for closing the road, but in the meantime, repair work is necessary, however the City and residents do not want to spend money on repairing the road if the road is going to be • closed.. Mayor Grabek questioned Mr. Schupp about his statement regarding a lack of interest on the part of City staff. Mr. 7 MINUTES OF REGULAR ORONO COUNCIL MEETING SEPTEMBER 28,1988 CRYSTAL BAY ROAD CONTINUED • Schupp said that he had contacted Zoning Administrator Mabusth and she had just said that the road could not be done. Zoning Administrator Mabusth stated that she informed Mr. Schupp that the City would need to obtain input from Minnetonka Beach before a proposal to close the road could be considered by the City. Public Works Director Gerhardson attended the Minnetonka Beach Council meeting. Gerhardson informed Mabusth of the negative reaction of Minnetonka Beach to close the road. Mabusth also informed Mr. Schupp that if Minnetonka Beach agreed the road should be closed, then a Petition from the land owners would be the next appropriate step in addition to a proposed road plan for the closing of the road as a through road. Discussion ensued as to the number of residents that lived on Crystal Bay Road. Councilmember Peterson stated that she had counted from top to bottom and there were 33.' Mr. Schupp stated that they received late notice of the fact this matter would be discussed before the Council. The residents had done all they could to be adequately prepared for the meeting. City Administrator Bernhardson explained that the reason for the short notice was due to the fact that this matter had just gone before the Minnetonka Beach Council two weeks ago. This matter was due to be heard before the Planning Commission on October 17, but Leesa Anderson had called, indicating that they • were not getting adequate attention to this matter. Mayor Grabek said that there was a need for more information . before a determination could be made as to closing the road. He requested that staff get a public statement from the City of Minnetonka Beach substantiating their reason for wanting the road opened or closed. The Mayor would also like to see a report showing what needs to be done to the road to bring it up to safety standards. City Administrator Bernhardson added that an indication would also need to made as to where to close the road. Mr. Richie Anderson stated that regardless of what the City decided to do with the road, he wanted the snow fences removed. The fences have been up for over a year now. Mayor Grabek inquired as to the cost of repairs so the snow fencing and lights could be removed. Public Works Director Gerhardson said it would cost exactly what had been proposed to the Planning Commission. However, if the City and residents could work together so that the City could go beyond the edge of the road, there would be a change in that estimate. Mayor Grabek stated that if the road is being used, the City of Orono has an obligation to bring the road up to the City's safety standards. The issue of closing the road should be an issue to be dealt with later and given a deadline and criteria that has to be met. Mayor Grabek asked what else could be done • to repair the road and remove the snow fencing. Gerhardson stated that there was nothing else that could be done than what 8 • MINUTES OF REGULAR ORONO COUNCIL MEETING SEPTEMBER 28,1988 CRYSTAL BAY ROAD CONTINUED had been proposed. Grabek inquired as to how much that would cost. Gerhardson replied, approximately $15,000.00 to put down the sheathing and install the guardrail. The Mayor asked if that would be acceptable to the applicants? The residents indicated that they would not like to look at the guardrail. Mr. Anderson asked if it would be possible to place a more permanent "road closed" sign at each end of the street? That would allow the snow fence to be taken down. The Mayor stated that it was unfortunate that a guardrail would need to be temporary installed, but if it was necessary to make the road safe, so be it.- Mr. Schupp stated that he did not think the,City could legally place a guardrail where they are intending. Mr. Schupp stated that in lieu of the guardrail he would either work with the City to bring his bank back up to a safe level; or he would give the City a little bit or extra room so a shoulder could be installed in that location. Public Works Director Gerhardson explained that the guardrail was only temporary until such time as Mr. Schupp repaired his bank. The posts for the guardrail would then be cut off below ground level. Mr. Erger proposed another plan wherein the City be granted an easement for the purpose of working on the property until such time as a retaining wall is built. The easement would then be vacated. • Rather than bringing the blacktop right to the edge of the cliff, why not comply with the normal grade by adding a dump truck of dirt and create a more gentle slope. Then the residents could bring their banks up to par. If there is a 20' retaining wall, Mr. Erger is afraid that it would be impossible to bring in enough dirt to sufficiently bring the bank back up. Public Works Director Gerhardson stated that he would like the opportunity to work out those details at a later time. Councilmember Callahan interpreted his understanding that this matter was to return to the Planning Commission to get their input. Callahan suggested that Gerhardson and the residents work together to reach a resolve before the Planning Commission meeting. Councilmember Peterson inquired as to whether the road would be made into a private road if it is deadended. Gerhardson replied that the road would not become private. He added that if access off of the cul -de -sac was needed, from that point on, the road would be private. Peterson asked about the 6 people with the dirt road. Gerhardson replied that it would be those same people. Peterson stated that she was talking about 2 different roads, the dirt road and Crystal Bay Road. The property owners with the dirt road. Gerhardson stated that those people would have 2 accesses at this point. If the road were closed they would just have a back access. If the residents did not obtain • their right -of -way from Dakota Rail then they would not have a legl access. MINUTES OF REGULAR ORONO COUNCIL MEETING SEPTEMBER 28,1988 CRYSTAL BAY ROAD CONTINUED • Mayor Grabek asked whether the Engineering staff had determined what the- bank requirement was? Public Works Director Gerhardson stated that they had made such a determination. Mayor Grabek questioned the financial arrangement of working with the residents to build up the bank. Both Bernhardson and Gerhardson indicated that it would not cost any more to proceed in that manner. Bernhardson stated that the City may need to obtain additional easements from the residents. Mayor Grabek reiterated his earlier suggestion of fixing the road now and reserving the issue of closing the road for later. He did not feel that fixing the road would be a waste of money because of the safety aspect. Mr. Schupp stated that he was afraid that by fixing the road now, the issue of closing the road would become a dead issue. Mayor Grabek stated that the solutions to all of the aspects of this issue needed to be further addressed. He could not vote on whether to open or close the road at the present meeting. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to accomplish a resolve to fix the road and remove the snow fencing and lights in the most expeditious manner to address • the oncoming winter. That proposal would be heard by the Planning Commission. The City would work with the homeowners to build up the bank at the same time the road is repaired. Staff and possibly the City Attorney would determine what criteria would need to be addressed to close the road. This would include alternate access, public health, safety and welfare, as well as neighboring Cities and neighboring residents. This should all be brought back to the City Council no later than January 1, 1989. Councilmember Callahan asked the City Attorney what legal steps would need to be taken and whether the City could close the. road. Motion, Ayes =4, Nays =O. Zoning Administrator Mabusth added that it would be important to notify every property owner on Crystal Bay Road of the Planning Commission Meeting on October 17, 1988 and establish a specific time for the review. PARKING COUNTY ROAD 51 Mr. David Singer was present for this matter. City Administrator Bernhardson explained this matter involved the issue of parking along County Road 51. Mr. Singer had written a letter to the Mayor, City Council and City Administrator setting forth his concerns in that respect. This matter stems back to 1985 when the issues of lake access and parking were being discussed. It was determined by the LMCD that • Orono provide 169 parking slots and the 60 slots in the landing were "committed ". Orono chose not to commit the remainder of the 10 MINUTES OF REGULAR ORONO COUNCIL MELTING SEPTEMBER 28,1988 • PARKING COUNTY ROAD 51 CONTINUED 109 slots and nothing more was done. Mr. Singer felt that safety was far more pertinent than convenience and parking. Trespassing is another problem. Mr. Singer had a guest that severely cut his foot on a bottle thrown in the lake. Mr. Singer is proposing that the City eliminate approximately 6 parking slots along County Road 51 to provide better sight distance. The City is also exploring the possibility of widening the road in that area to allow for a safety zone between the parking space and travel led portion of the road. The City would like input from the City Council and take those ideas to the County for their review and consideration. Mayor Grabek stated that this was not the first occurrence of such a situation. Mr. Dan Regan, who was also present, had previously relayed incidences of people using his private dock. Grabek stated that the City was more or less forced into the parking situation along County'Road 51. Councilmember Callahan recalled that the City had to conform to parking space allotments. Callahan stated that there seemed to be a shift in the parking from the opposite side of County Road 19 to along the lakeshore side of the County Road 51. Public Works Director Gerhardson interjected that there had been "No Parking" signs • posted to the west of the boat landing. Callahan asked why that was done? Gerhardson responded that it was due to traffic problems. Mayor Grabek asked if there had been any fatalities in that area? Bernhardson stated that the records indicate that there have been no personal injuries in the last 2 -1/2 years between County Road 19 and Tonkawa Road. However, the potential for pedestrian accidents in that area does exist. Councilmember Callahan inquired as to whether the City could remedy the problem on their own? Bernhardson stated that the County would need -to perform whatever tasks necessary for the parking areas on County Road 51. Callahan asked about involving the DNR. Bernhardson replied that the DNR would probably intercede because the City would be reducing the number of available lake access parking slots by 6. It may be possible to find 6 alternate parking slots within 1500' to remedy that. Mr. Singer questioned with whom in the County the City would be working? Bernhardson replied that it would probably be someone in the Transportation Department. Mayor Grabek stated that he had asked the Police Department if there had been any accidents in that area. Mr. Singer indicated that the City should not wait for a fatality before they do anything about this situation. Mayor Grabek stated that he was very concerned about the safety aspect of this matter and was only requesting statistics for the benefit of the County. Mr. Singer restated • his desire to know who within the County the City would be working. Mayor Grabek stated that the City would inform Mr. Singer of that person, once a contact was determined. It was 11 MINUTES OF REGULAR ORONO COUNCIL MEETING SEPTEMBER 28,1988 PARKING COUNTY ROAD 51 CONTINUED suggested that the City have an accident reconstruction ist determine exactly what the visual, timing and stopping elements are along County Road 51. Mr. Singer pointed out that there is a clear line of sight within the passing lane when there are no cars parked along the side of the road. However, that condition changes drastically when there are parked cars. He walked around the area after he was nearly hit and does not understand why there is not a "No Passing Zone" in that area. He questioned whether the County had done their homework with respect to safety. Mayor Grabek stated . that the County probably had not examined all possible safety problems for that area. Grabek explained to Mr. Singer that the County may be under tremendous political pressure from the State of Minnesota if access to Lake Minnetonka is eliminated. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to take this cause to the appropriate persons in Hennepin County. Mr. Singer will be advised as to who those persons are so he can present his case to them as well. Motion, Ayes =4, Nays =O, Motion passed. Mr. Dan Regan stated that he had waited for this matter to be discussed and because of the time element involved with the Crystal Bay Road matter and a previous commitment, it was • necessary for him to he leave for a bit. He questioned what the motion was that the Mayor had made. Mayor Grabek,explained the proposed motion to Mr. Regan. Mr. Regan observed that the only location for cars with trailers to turn around was to drive through the gas station. There is no safe way to get turned around. He stated that making "U Turn" in that area would be illegal because to do so would require 150' of clear view. Mr. Tom Anderson of 3550 North Shore Drive stated that his two children have nearly been hit by cars in last year. He felt that there were some real strong safety issues that needed to be addressed. He observed that most of the vehicles parking in that area were pick -up trucks and campers. He also stated that there are two slight curves, one in front of his house and one by Mr. Singer's house, that added to the sight distance problem. He said that even the Orono Police squad cars were a concern when answering an emergency because of the high speeds at which they travel through that,area. Mayor Grabek assured the concerned parties that the City would do -all they could to remedy this safety problem. CLEAN WATER GRANT /M.C.W.D. RESOLUTION #2506* City Administrator.Bernhardson explained that the Minnehaha Creek Watershed District was proposing to undertake a grant • application for doing a pollution abatement project on Long Lake. 12 MINUTES OF REGULAR ORONO COUNCIL MEETING SEPTEMBER 28,1988 • CLEAN WATER GRANT #2506 CONTINUED The M.C.W.D. has indicated that they would probably go ahead with the grant application based upon their own funds, but they would welcome support from the City of Orono. Apart from the grant application, the funding for this project, should it proceed, would be 50% from the State, with another 20% possible. The balance would need to come from the District as a whole. Bernhardson had asked what percentage of the District would apply to Orono, but that information had not yet been determined. Bernhardson estimated the percentage to be under 10% of the tax base. Orono's tax burden share of this project would be fairly low. Councilmember Callahan asked whether making a contribution now would commit Orono to the project? Bernhardson stated.that the grant would cover the first portion of the project. It would be possible to s+ ipulate that Orono only supports . the grant as far as the monitoring and diagnostic phase, but would require updated information before it supports the actual clean up phase. It was moved by Councilmember Callahan to adopt Resolution #2506, seconded by Councilmember Peterson, indicating Orono's support for the grant application. This would be subject to renotification prior to undertaking any correctional or clean up efforts. The City of Orono will contribute $500.00 to the • M.C.W.D. to assist them. Motion, Ayes =4, Nays =O, Motion passed. CITY FACILITIES City Administrator Bernhardson stated that he was presenting the various site criteria that would need to be taken into account for the purpose of building a new facility. This site criteria would be evaluated and rated. The• ratings in the criteria are a combination of City staff and Planning Commission input. He' requested that the Councilmembers and Mayor Grabek review the site criteria and provide their suggestions for additions or deletions. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to table this item to allow for further review. Motion, Ayes =4, Nays =O, Motion passed. PARKING LOT - SUMMIT PARR City Administrator Bernhardson explained that during the summer months, the current parking lot fills to capacity and overflow parking occurs on Old Long Lake Road and East Long Lake Road. There are up to 20 additional vehicles parking along these road locations which are narrow. The City has received complaints from neighbors in the area. Public Works Director Gerhardson has a proposal that would increase the capacity for parking in the lot from 10 to 20. The cost to accomplish that project would be approximately $2800.00. Councilmember Peterson asked Gerhardson if the additional 13 ,1.. - MINUTES OF REGULAR ORONO COUNCIL MEETING SEPTEMBER 28,1988 PARKING LOT- SUMMIT PARK CONTINUED • parking area would come from space that had been reserved for the volleyball area? Gerhardson replied that there would still be room for volleyball. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve the expansion of the Summit Park Swimming Beach from ten to twenty vehicles and to pay for the improvements from the Park Dedication Fund. Motion, Ayes =4, Nays =O, Motion passed. 1989 BUDGET PROCESS City Administrator Bernhardson asked whether the Council had any further questions concerning the budget. If so, these questions could be addressed individually or in a meeting -to be held in advance of October 10th. It was moved by Mayor Grabek, seconded by C-1110uncilmember Nettles, to table the 1989 Budget discussion until October 10, 1988., Motion, Ayes =4, Nays =O, Motion passed. MEDIA ARTICLE'S RESPONSE City Administrator Bernhardson explained that a request for public input had been included in the last Mayor's Article. Bernhardson inquired whether the Council or Mayor had received any feedback.- ' • TAX LEVY 1985 - SEWER BOND RESOLUTION #2507* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2507, a resolution to levy taxes for bonds issued for Sanitary Sewer Project 85 -1 and 85 -2, Improvement Bonds of 1985 Debt Service Fund. Motion, Ayes =3, Nays =O, Motion passed. SPECIAL ASSESSMENT CASH FLOW REPORT* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the Special Assessment Cash Flow Forecast Report by Pannell Kerr Forster as presented. Ayes =3, Nays =O, Motion passed. SPRING HILL CONFERENCE CENTER - CLOSURE* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the information from staff as it relates to the Spring Hill Conference Center. Motion, Ayes =3, Nays =O, Motion passed. FALL CLEAN -UP DATE* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to designate October 15, 1988 as Orono Fall Clean -up Day. Moton, Ayes =3, Nays,O, Motion passed. 1 0 14 MINUTES OF REGULAR ORONO COUNCIL MEETING SEPTEMBER 28,1988 • TEMPORARY TRANSFER STATION* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the staff information on this matter directing staff to monitor the situation keeping Council apprised of the situation. Motion, Ayes =3, Nays =O, Motion passed. ANIMAL PERMIT ORDINANCE Councilmember Callahan did not agree with this item being placed on the Consent Agenda and passed without further review. Callahan inquired as to what would have resulted had this item been approved. City Administrator Bernhardson explained that the City has Ordinances requiring animal permits. However, there is no system in place for regulating or issuing permits to comply with the ordinances. This item would allow the City to systemize a process for animal permits and would allow persons owning animals before April 1, 1984 could be "grandfathered" at their current level of animal ownership. A time limit would have to be determined.for renewing the permits. Councilmember Peterson asked how the permits would be monitored once the process is functioning? Bernhardson replied that those persons the City knew were not complying with the animal ordinance would receive a letter advising them to come in a obtain a permit. Otherwise the City would depend upon complaints. Callahan asked whether the persons were being asked to comply with respect to' the zoning • codes. Bernhardson answered affirmatively. - Councilmember. Nettles asked about the cost involved with enforcing such'an ordinance. The licensing would be approved on an inspection` basis. Councilmember Peterson asked how many complaints the City had received in this regard? Bernhardson stated that there had only been a few, but that the City either had to have a process for issuing permits or repeal the Ordinance requiring the permits. 0 It was moved by Councilmember Peterson, seconded by Mayor Grabek, to table this item for further review. Councilmember Nettles inquired whether as to how a zoning ordinance was the basis for this. Councilmember Callahan explained that the zoning ordinance set forth the acreage required to have certain animals. Nettles asked whether the permit process would include the health and welfare of the animals. Bernhardson replied in the negative. Motion, Ayes =4, Nays =O, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by CouncilmemberCallahan, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: Woodhil 1 Avenue; County 15 Progress; 1960 Shoreline; 1950 Shoreline; Crystal Bay Hookup Status; Long Lake /Lake Level; Sculpture; Highway 12. Motion, Ayes =3, Nays =O, Motion passed. 15 MINUTES OF REGULAR ORONO COUNCIL MEETING SEPTEMBER 28,1988 CITY ATTORNEY'S REPORT: Assistant City Attorney Whitney stated that Mr. Barrett wanted him to provide the Council with details concerning the Art Center litigation and requested that the Council go into executive session for that purpose. LICENSES* None BILLS* It was moved by Councilmember Callahan, seconded by Councilmember 'Peterson, to approve payment of the All Funds Accounts. Motion, Ayes -3, Nays -0, Motion passed. EXECUTIVE SESSION - 8:55 P.M. Mayor Grabekrequrested executive session at 8:55 p.m. that'the Council go into an ADJOURNMENT 9:13 P.M. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adjourn the Regular Council Meeting at 9:13 p.m. Motion, Ayes =4, Nays =O, Motion passed. 16 J Ja es R. Grabe , Mayor 0 • 0 •