Loading...
HomeMy WebLinkAbout10-24-1988 Council Minutes0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 24, 1988 ATTENDANCE 7:O0'P.M. The Council met on the above date with the following members present: Mayor'Grabek, Councilmembers Nettles, Goetten, Peterson and Callahan. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Attorney Barrett, and City Recorder Scheff ler. CONSENT AGENDA* Mayor Grabek asked that item #2 be removed because he and the other Councilmembers had not received the minutes to review prior to the meeting. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to approve the Consent Agenda with the exception of Item #2, which was omitted. Motion, Ayes =5, Nays =O, Motion passed. APPPROVAL OF MINUTES* It was moved by Councilmember Callahan, seconded by Councklmember Nettles, to remove this item from the consent agenda. Motion, Ayes =S, Nays =O, Motion passed. • LAKE MINNETONKA CONSERVATION DISTRICT REPORT City Administrator Bernhardson explained that Mr. Strommen had summarized the new DNR Shoreline Regulations that are being proposed and reviewed those regulations with himself and Zoning Administrator Mabusth at a recent meeting. There are certain areas of concern that are being monitored by the City. Mr. Gene Strommen, Executive Director of the LMCD, addressed several issues of major concern for comprehensive preservation of Lake Minnetonka. Eurasian Water Milfoil was the first topic he addressed. He said that it was just discovered in Lake Minnetonka this summer. Lake Minnetonka is one of the few lakes in Minnesota that has Eurasian Water Milfoil. Testing was done and it was determined that 17 of 19 bays had the Milfoil. Since that time, the LMCD, DNR and Corp of Engineers had tried mapping the Lake for actual weedbed locations. It was Mr. Strommen's belief that the Milfoil had been introduced into the Lake at least 2 years ago. The Milfoil is a problem in that it is very prolific and can reproduce through weed cuttings. This means that running boats and swimming in areas where the Milfoil is present would cause a great deal of new growth to occur. The LMCD is attempting to put together a brochure that gives information about the weed and •what can be done to combat it. It would be very difficult to comprehensively remove the weed from the Lake. Therefore it will be necessary to keep it from spreading any further by avoiding 1 • MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 LMCD REPORT CONTINUED areas where it is growing and /or chemically treating specific areas. It can exist for 12 to 15 years before it uses up the nutrients in the ground and dies. In cases where the ground nutrients are significant, it may not die at all. In order to keep the weed from being spread to other Minnesota Lakes, a sign campaign is being used. The next issue Mr. Strommen addressed was water conservation. He said that the current level of Lake Minnetonka has not been. seen since -the 1930's. There has been no let out--of water through the dam since 1986. The Minnehaha Creek Watershed District has strict guidelines that must be followed in order to let water out of the dam. The LMCD published information asking persons not to use the lake for sprinkling purposes. The LMCD investigated the possibility of pumping water into the lake, but found that it would not be feasible to do so. He informed the Mayor and Council that only was the lake level very low, but the wetlands were very dry as well. It would take significant snow and /or rain to bring recharge the wetlands. With respect to the LMCD Comprehensive Plan, Mr. Strommen stated that it had been in place now for approximately 7 months. Mr. Dave Arndorfer, a specialist in the area of recreational •studies, has been with the LMCD since April and had been working with the LMCD to put the plan together. The Metropolitan Council had asked that the Plan be put together in a two year time period, as opposed to three as initially proposed. Mr. Strommen said that there are 12 areas the Comprehensive Plan addresses: Lake Use, Lake Access, Winter Usage, Shoreline Protection, Shoreline Aesthetics, Upland Environmental Protection, Fisheries, Wetlands, Water Quality, Intergovernmental Relations, Institutional Arrangements (future structure of the LMCD), and Funding Alternatives. Subcomittees are being formed to deal with each of these areas. . :- • Mr. Strommen reminded the Council and the Public that the LMCD meets every fourth Wednesday of the month at the Tonka Bay City Hall. He extended an invitation for any persons interested to attend. Mayor Grabek thanked Mr. Strommen for taking time to make a presentation. PLANNING COMMISSION COMMENTS Planning Commission Representative Sara Moos was present and had no comments. PUBLIC COMMENTS There were no comments from the public. 2 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 ZONING ADMINISTRATOR'S REPORT: • #990 WARD FERi ELL 3411 WATERTOWN ROAD VARIANCE Mayor Grabek explained that due to an illness, the applicant had requested that this item be tabled. It was moved by Mayor'Grabek, seconded by Councilmember Callahan, to table this item until the applicant can be present to address the Council. Motion, Ayes =5, Nays =O, Motion passed. #1309 GERALD NELSON 1629 BOHN'S POINT ROAD AFTER -THE -FACT CONDITIONAL USE PERMIT/VARIANCE RESOLUTION #2534 Mr. and Mrs. Nelson were present for this matter. It was explained by City Administrator Bernhardson that this application involved a conditional use permit and variance for a pond that had been constructed- within the 0 -75' zone of the Nelson property. The pond has been underlain with plastic, and the swale and landscaping that was done around the pond are underlain with fabric. The purpose of the pond is to resolve an ongoing drainage problem. The Planning Commission had • recommended that the plastic under the pond and the crushed rock /wood chips with underlying fabric remain. The fabric under the landscaping.in the lakeshore yard should be removed. Mr. and Mrs. Nelson had no questions concerning this application and stated that they were in full agreement with the recommendations and conditions of the Planning Commission. It was moved by Councilmember Nettles, seconded by Councilmember Callahan, to adopt Resolution #2534. Motion, Ayes =5, Nays =O, Motion-passed. #1310 HOWARD EISINGER 3245 WAYZATA BOULEVARD CONDITIONAL USE PERMIT RESOLUTION #2526 City Administrator Bernhardson informed the Mayor and Councilmembers that Mr. Eisinger was seeking a renewal. of a conditional use permit to place 100,000 cubic yards of fill on his property. This'had been reviewed twice by the Planning Commission. It was their recommendation that three issues be considered with the 'approval of this application. The first involves the amount of time the fill wi l l be allowed to remain in a disturbed state; the second involves time limitations pertaining to the actual hauling of the fill; and the third issue involves working with the Orono Police Department on safety and • traffic precautions. 3 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 • ZONING FILE #1310 - EISINGER CONTINUED Councilmember Goetten asked if a time limit would be specified as to how long the project can take to complete. Zoning Administrator Mabusth replied that a time limit will not be placed on this project because the availability of the fill will vary. Goetten asked whether the City Staff would be monitoring the project from beginning to end. Mabusth assured her that they would. The City Engineer had set out recommended times for seeding the fill and the City would be contacting Mr. Eisinger at those times. This would prevent the fill from staying in a disturbed state for an undetermined amount of time. Councilmember Goetten asked Mr. Eisinger when he anticipated beginning the project. Mr. Eisinger said that he could not determine that at this point. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2526. Motion, Ayes =S, Nays= O,.Motion passed. #1311 JOHN & SUSAN PURDY 1975 FAGERNESS POINT ROAD VARIANCES RESOLUTION #2527 • Mr. and Mrs. Purdy were present for this matter. City Administrator Bernhardson explained that the Purdys were requesting variances to put an addition on their home. They had been before the Planning Commission and City Council back in 1985 with an application and more recently were asking approval for a revision to their 1985 plan. The revision included a 3- season porch that encroached into the 0 -75' zone and the application was denied. The Purdys have since revised that plan and were now proposing to add on to the south side of the house. This addition, would encroach no closer to the lakeshore than the existing house. The hardcover percentages for the 0 -75' and 75 -250' zones are in line with the application that was approved back in 1985. The only issue that had not been addressed was a potential garage addition which was included in the 1985 plan. The Planning Commission has recommended approval of this application. Assistant Planning and Zoning Administrator Gaffron clarified that the hardcover calculations did include the addition of the garage. However, a side setback variance would be required if the Purdys decided to add the garage. Councilmember Goetten asked the Purdys if they had any immediate plans to build a garage. 'Mr. Purdy indicated that they had no such plans within the next year. • It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2527, approving the 4 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 ZONING FILE #1311 -PURDY CONTINUED requested variances. Motion, Ayes =5, Nays =O, Motion passed. #1323 JON PAPAS., 3369 CRYSTAL BAY ROAD AFTER -THE -FACT VARIANCE Mr. Jon Papas was present for this matter. City Administrator Bernhardson outlined the details of this application. Mr. Papas was seeking an average lakeshore setback variance, as well as variances for hardcover and lake setback. The Planning Commission recommended denial based on a lack of hardship. Construction alternatives such as removing the railing or relocating the deck to the side of the house were discussed. It was determined, however, that those alternatives were not possible. Mr. Papas reiterated the fact that relocating the deck would not be possible. He said that he had not been aware of the need for a building permit. Mr. Papas did not understand the hardship aspect of his request. He said that his house was small and the deck would give added room and the opportunity to enjoy the lake. He added that he would be willing to make any revisions possible or compromise suggested. Councilmember Goetten asked Mr. Papas if there was a • previous structure in place of the deck? Mr. Papas replied that there were pre - formed steps to the front door. Councilmember Nettles asked what kind of compromise Mr. Papas had in mind. Mr. Papas said that he would have no problem making the-deck smaller or putting up a handrail. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to deny this application, but allow Mr: Papas to construct steps to-enter his house. Motion, Ayes =5, Nays =O, Motion passed. #1328.HOWARD JOHNSON 1635/1675 CONCO_RDIA STREET SUBDIVISION City Administrator Bernhardson provided a brief review of this application. Mr. Johnson was seeking a lot line rearrangement to conform with the property boundary agreed to many years ago by both affected property owners. The sale of Mr. Johnson's property is pending the resolve of this application. Mr. Johnson had agreed to provide the Trainors with 5' of his property to resolve this matter. The Planning Commission recommended that the new lot line be 10' from the Trainor property so as to conform with the required 10' setback of the LR -1C Zoning District. Assistant Planning and Zoning Administrator'Gaffron informed • the Council and Mayor Grabek that Mr. Johnson was not. present, 5 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 • ZONING FILE #1328- JOHNSON CONTINUED but Mr. Eiss, the buyer of Mr. Johnson's property was. Mr. Eiss stated that the encroachment problem had existed for over 30 years and that the 10' requirement was unreasonable. He believed the original proposal of 5' went a long way toward correcting the problem. Mrs. Trainor was also present, and indicated that it made no difference whether 5' or 10' was approved. Mayor Grabek asked if there would be a problem if they approved 5' rather than 101. Gaffron replied that the Planning Commission had recommended 10' because that was the standard for the Lr -1C District. Councilmember Goetten commented that she understood the concern for conforming to the setback standards, but felt it was unfair to take 10' from Mr. Johnson's property when he was not responsible for the encroachment. It was noted by Gaffron that Mr. Johnson had attempted to alleviate this problem years ago, but found that the papers had never been recorded. Gaffron stated that-Mr. Johnson and Mrs. Trainor were surprised to find that their legal descriptions did not reflect a 5' rearrangement of the lot line. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve the lot line rearrangement at 5' as opposed • to 101. Motion, Ayes =5, Nays =O. #1330 FULLERTON PROPERTIES, INC. 880 TOWNLINE ROAD PRELIMINARY SUBDIVISION RESOLUTION 2528 City Administrator Bernhardson explained that the applicant was seeking approval of a 7 -lot subdivision. All of the lots would meet the required 2 -acre contiguous dry buildable land. However, due to the configuration of the property and the cul -de- sac, three of the lots do not meet the width requirement at the setback line. The cul -de -sac will be 1,000 feet in length. • Councilmember Goetten asked why the Minnehaha Creek Watershed District needed to approve the proposal since an outlot for the road was designated. Mr. Tom Haislet was present and commented that the Watershed District needed to service a weir on the property and needed access to do so through an easment along the north property line. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2528. Motion, Ayes =5, Nays =O, Motion passed. N. MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 #1335 WOODHILL.COUNTRY CLUB 200 WOODHILL ROAD CONDITIONAL USE PERMIT RESOLUTION 12529 Mr. John Winston was present as a representative of Woodhill Country Club. City Administrator Bernhardson explained that this was an application for a maintenance shed that will require a conditional use permit and a variance for an accessory structure in excess of 1,000 s.f. The setbacks and height requirement necessary for a conditional use permit will be met. The structure will require a 9,800 s.f. area variance. The Planning Commission has recommended approval of this application. There were concerns previously expressed by Mr. Fox and the- Peseks. Mr. Winston showed the Council and Mayor Grabek a drawing depicting the proposed maintenance shed. He said the only remaining concern was that of the Peseks. They were concerned about the shed interfering with their view. Councilmember Goetten asked where the storage shed would be located in respect to the Pesek home. Mr. Winston showed those locations to the Council. Mr. Fox indicated that noise was a problem more than sight. He was hopeful that there could be a berm, using the dirt removed • from the site. He did not know if that was a feasible solution to the problem. Mr. Winston added that the berm had not been investigated, but a separate conditional use permit would be required if they were to put in a berm. Mr. Fox went on to say that the Country Club had been very accomodating in trying to take his concerns into consideration. However, he wanted his concern about noise to be on record with the City in the event any problems arise in the future. Mayor Grabek inquired as to whether the Resolution could be amended to include language that would address Mr. Fox's-concerns about noise? Zoning Administrator Mabusth advised that the code does provide for the reopening of conditional use permits when affected neighbors petition the City and that the resolution could'be amended to specifically address the noise factor. Mr. Winston reminded the Mayor and Council that the Country Club currently has a maintenance shed that is not far from the proposed location of the new facility. Mr. Thomas Markle, Vice - President of Woodhill Country Club, explained that the portion of the maintenance shed from where the most noise would be generated was placed the farthest from the neighboring properties. The end of the shed that would be near Woodhill Avenue, would only be used for dead storage. Mabusth interjected that the shed would be positioned in the hillside, providing more of a barrier to adjacent residences to the south and west. Councilmember Nettles questioned whether it would be more • 7 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 • ZONING FILE 11335- WOODHILL COUNTRY CLUB CONTINUED beneficial to have both conditional use permits tied together. Mabusth said that the Council may require the applicant to apply for a conditional use permit for the land alteration as a condition of approval. Mr. Pesek was present and asked for clarification as to the location of the shed. Mabusth explained to him where the revised location of the shed would be and that only a corner of it would be visible from his house. Mr. Pesek stated that he appreciated what had been done on the part of Woodhill to address his concern. City Administrator Bernhardson suggested that the noise issue be addressed as a condition in the Resolution. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to amend Resolution #2529 to include language pertaining to the noise impact on neighboring properties. Motion, Ayes =5, Nays =O, Motion passed. #1339 DAVID LEE 2695 CASCO POINT ROAD AFTER -THE -FACT CONDITIONAL USE PERMIT/VARIANCE Mr. David Lee was present for this matter. • City Administrator Bernhardson provided the Council and Mayor Grabek with a brief summary of the history of this application. Mr. Lee constructed a retaining wall within the 0- 75' zone. The Planning Commission had recommended approval of this application per the plans set forth by Mr. Lee's landscape architect. His proposal would leave the retaining walls exposed until vegetation would grow and act as a natural cover. City staff is recommending that fill at a 2 -1/2 to 1 grade slope be placed and that certain timbers be removed, so that the dirt would appear more as- an embankment with cribbing walls into the soil. Zoning Administrator Mabusth added that there would be exposed timbers that would still be visible from the Lake. Bernhardson also mentioned the fact that citations were issued to Mr. Lee. Mayor Grabek asked Mr. Lee why he continued to work on the wall after the citation was issued. Mr. Lee explained that he had called and asked permission to finish the steps after he had received the stop work order. Mabusth clarified that after the citation was issued there was no additional work done. Councilmember Callahan compared this application to another past application. He asked whether City staff was suggesting that the second option of the City Engineer be followed. Mabusth 0 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 ZONING FILE #1339 -LEE CONTINUED • said that Staff's position was based upon previous conditions of approvalmade in the past by the Council. Mr. Lee said that Mr. Robin was scheduled to arrive shortly. He explained that he had tried on his own to stabilize the bank after it had washed away. Callahan commented that he had heard Mr. Robin's presentation at the Planning Commission meeting. He suggested that the Council try to be consistent in the policies they set forth in these cases. He was not certain whether the 8' steps should be allowed to remain, simply because they are already there. Mr. Lee stated that the steps stabilize the entire bank. Mabusth concurred that the steps, at this point, were providing stabilization for the bank. Callahan and Goetten believed that the option for restoration of the bank that was most in line with the City's policies should be chosen. Councilmember Goetten expressed the difficulty in dealing with after - the -fact requests, especially in this type of application where tearing down the retaining wall would worsen the condition of the bank. She added that she did not like the 8' steps, but if that was the only way to stabilize the banks, she would have to accept that. Mabusth stated that planters were proposed to be placed within the 8' steps. Mabusth asked Mr. Lee if he fully understood what the City • staff was proposing. Mr. Lee answered in the affirmative. Mabusth explained that timbers would be removed and the lower wall would be exposed. Instead of having the'upper two tiers of retaining wall, there would be an earthen slope and plantings. Councilmember Callahan observed that there was a concentration of after - the -fact variances that occured on Casco Point, Baldur Park Road and Fagerness Point Road. He said that should Mr. Lee's variance request be approved, it would be likely the Council would see yet another such incident. Mayor Grabek expressed his desire 'to see Mr. Lee's bank restored to its original condition. Mr. Lee interjected that the stone wall that previously existed was "gross" in appearande. He added that neighbors who had witnessed his construction of the new retaining walls were very supportive. City Administrator Bernhardson asked whether the walls could be extended and covered over, as opposed to putting in the 4' planters? Mabusth replied that she would need to get input from the City Engineer in that regard.' Mr. Lee explained that he had designed and built the wall himself. He was unaware of the fact that a retaining wall required a building permit. He informed the Council that eventually the wall would fade to a gray color and would not be quite so noticable. He said that due to the support system of the wall, he could not remove any timbers. Councilmember Nettles asked why the 8' steps could not be narrowed to 41? Mr. Lee explained that the 8' steps were stabilizers. City Administrator 2 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 ZONING FILE 11339 -LEE CONTINUED Bernhardson stated that removal of the steps would not be necessary. The issue is how the 4' is used, whether planters are installed or the timbers would be extended and covered over. Callahan concurred that some of the underlying structure should remain, but believed that the bank should be restored to its original state as much as possible. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve this application provided that the City Engineer's "option 2" be followed. Mayor Grabek reiterated his belief that the bank should be restored to its original state. He added that there had to be some safeguard instilled so that persons would stop constructing whatever they please within the 0 -75' zone. Councilmember Goetten suggested that the City may need to improve its efforts of informing residents of Orono what is required. Motion, Ayes =4, Mayor Grabek, Nay, Motion passed. #1345 JOHN 4017 NORTH VARIANCE RESOLUTION THEOBALD SHORE DRIVE #2530 Mr. Theobald was not present for this matter. • Assistant Planning and Zoning Administrator Gaffron explained that Mr. Theobald agreed with the City's recommendation for one garage not to exceed 1,000 s.f. and to keept the level of hardcover the same. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2530, approving the requested variances. Motion, Ayes =5, Nays =O, Motion passed. 11346 EINAR HAGBERG 740 NORTH ARM DRIVE VARIANCE RESOLUTION Mr. Hagberg was present for this matter. City Administrator Bernhardson explained that Mr. Hagberg was seeking approval to construct a detached storage garage on his property. The proposed structure would increase hardcover in the 75 -250' and 250 -500' zones to 35.6% and 33.2% respectively. However, there is a gravel road used for City access to sewer lines that was included in the hardcover calculations for both the 0 -75' and 75 -250' zones. 'Due to this unusual circumstance, and the fact that exclusion of this road would decrease hardcover percentages, the Planning Commission recommended approval of this application with no hardcover removal. Assistant Planning and Zoning Administrator Gaffron 10 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 ZONING FILE #1346 - HAGBERG CONTINUED • explained that since the Planning Commission's review, staff discovered that an additional sewer line existed along the north line of the property. Mr. Hagberg believed that he had signed something back.. in the early 1970's pertaining to the road. However, nothing has ever been recorded on Mr. Hagberg's chain of title. Mr. Hagberg's proposed garage would be . 5' from the sewer line, where normally 10' is required. Even though the easement is not of record, the City would still like to maintain 10' on either side of the sewer line so that repairs to the line could occur without disturbing Mr. Hagberg's garage. City Administrator Bernhardson asked Public Works Director. Gerhardson as to the depth of the sewer line. Gerhardson replied that he had not checked the "as builts" but he recollected the line to be very shallow. He believed that he could get by with a total of 15', 5' and 101. Mr. Hagberg presented pictures showing his lot and indicated where he wanted to place his storage garage. Mayor Grabek suggested allowing Mr. Hagberg to build his garage where he originally proposed, with only a 5' setback to the sewer line. Councilmember Callahan asked why Mr. Hagberg needed the extra storage facility. Mr. Hagberg stated that he required the extra storage space. Mayor Grabek concurred with Callahan's question and asked what was the hardship for placing another garage on a 3/4 acre lot? Gaffron stated that the Planning • Commission did not address that point. Mr. Hagberg explained that he had four lawnmowers that needed to be stored. He had torn down an old shed that was used for that purpose. Assistant Planning and Zoning Administrator Gaffron suggested the possibility of removing hardcover to compensate for the additional storage garage. He asked Mr. Hagberg if he would be willing to remove the plastic underlying his landscaping. Mr. Hagberg answered affirmatively. Mayor Grabek suggested that the application be referred back to the Planning Commission for further review. Callahan concurred. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to refer this matter back to the Planning Commission to answer the question of hardship for such a large facility, and investigate other alternatives. Motion, Ayes =5, Nays =O, Motion passed. MAYOR'S REPORT: Mayor Grabek had no report for this meeting. 11 0 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 CITY ADMINISTRATOR'S REPORT: , RECYCLING PROPOSALS City Administrator Bernhardson presented additional information concerning recycling proposals. Polka -dot would be the most economical vendor to use for curb -side pick -up, however formal bids will probably be taken. The total cost of the project would be approximately $26,000.00. However, Orono would only pay a portion of that amount based upon the quantity of recycling that occurs. The present cost per person would be $8.40 /year for pick -up bimonthly. The City could charge the residents on their quarterly sewer bill or on the annual septic fee. The City's goal is to begin this program by the first of the year. Mayor Grabek noted that should the City not put a recycling program in place, the County would step in. Bernhardson confirmed that and added that the County could put in whatever service they wished and could charge whatever they wished. Councilmember Goetten stated that she was pleased that such a program was finally be addressed. She said that many citizens in Orono were looking for direction from the City and the Council to initiate recycling. • Councilmember Callahan expressed his desire to have pick -up occur where garbage pick -up occurred, as opposed to curb -side. He said that due to the length of many driveways in Orono, curb- side pick -up could present a problem for people. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to direct staff to get bids for both curbside and refuse pick -up- location recycling, and explore the necessity of label removal as suggested by Councilmember Nettles. Motion, Ayes =S, Nays =O, Motion passed. BUDGET ADOPTION - 1989 City Administrator Bernhardson asked whether the Council and Mayor Grabek wanted to adopt the 1989 Budget. He pointed out the fact that there were only two amendments assuming that the recycling was done on a user charge basis. Those changes would be converting the City Recorder's position to full time and including a certain block of funds for the purpose of increasing the levy should it be necessary. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt the 1989 Budget, as amended. Motion, Ayes =5, Nays =O, Motion passed. DANGEROUS WEAPONS - ORDINANCE AMENDMENT City Administrator Bernhardson stated that this item involved the recodification of this Ordinance in order to make more sense of it. Additionally, three new items would be added 12 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 DANGEROUS WEAPONS CONTINUED to the Ordinance. One addition would be to allow B -B guns for pest control in areas other than the 5 -acre commercial, agricultural or greater. Starting guns and approval authority would be the other two additions. This was only being presented to elicit comments and would be brought back for a vote at the next Council meeting. Councilmember Goetten asked if the changes would apply to all zoning areas? Bernhardson answered affirmatively. Mayor Grabek said he did not object to the proposal. Councilmember Callahan reported that he had heard negative comments concerning ,- the passing of the Dangerous Weapons Ordinance. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to review this item and have it presented again at the November 14, 1988 Council Meeting. Motion, Ayes =S, Nays =O, Motion passed. HAZARDOUS BUILDING PROCEEDINGS 4545 WATERTOWN ROAD City Administrator Bernhardson asked that this item be tabled. It was moved by Mayor Grabek, seconded by Councilmember • Nettles, to table this item until the November 14, 1988 Council Meeting. Motion, Ayes =5, Nays =O, Motion passed. k SPRING PARR UTILITY PERSONNEL SHARING AGREEMENT City Administrator Bernhardson explained that the City had been approached by Spring Park to share utility personnel. They currently have one person in their Public Works Department and had contracted to have a back -up. They have had a difficult time obtaining a person with water and sewer qualifications to act as a back -up. The recommendation is to allow Orono's designated back -up to serve as Spring Park's back -up every other weekend. It would generate funds for Orono because the back -up person is already on call. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to approve entering into an agreement with the City of Spring Park for utility standby services as outlined in the agreement. Motion, Ayes =S, Nays =O, Motion passed. 1988 -89 POLICE CONTRACTS* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to accept the proposed settlement of the 1988 police contract effective January 1, 1988 which increases the base wages by 3.5% plus $10.00 on insurance with a wage and insurance re- opener for 1989. Ayes =S, Nays =O, Motion passed. 0 13 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 • COUNTY ROAD 51* Mr. and Mrs. John Nelson, 3460 North Shore Drive, were concerned about a letter they had received from Mr. Singer. City Administrator Bernhardson assured the Nelsons that the City would keep the residents along North Shore Drive apprised of any decisions made ' to effectively deal with the safety issues. Mr. Nelson disagreed that widening the road would help. He felt it would cause an increase in traffic speeds. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, that the Council accept the information from staff regarding County Road 51. Motion, Ayes =5, Nays =O, Motion passed. , ORDINANCE AMENDMENT DELETING ANIMAL PERMIT REQUIREMENT ORDINANCE #58, 2ND SERIES* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to amend Ordinance No. 9.13. Motion, Ayes =5, Nays =O, Motion passed. ORDINANCE AMENDMENT - PARK COMMISSION ORDINANCE #59 2ND SERIES* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to approve Ordinance Amendment #59, 2nd • Series, allowing eight members to the Park Commission. Motion, Ayes =5, Nays =O, Motion passed. RECLASSIFICATION OF PART -TIME OFFICE RESOLUTION #2532* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to approve the change in positions from part time temporary to part time permanent effective upon the resignation of Officer Michael Kirnyczyk. Motion, Ayes =5, Nays =O, Motion passed. RICK DENNESON RESIGNATION* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to accept the resignation of Rick Denneson as a part time C.S.O. wishing him the best of luck and additionally authorizing staff to seek a replacement in the Spring. Motion, Ayes =5, Nays =O, Motion passed. ELECTION CANVASSING MEETING 11/09/88* It was moved by Councilmember Callahan, seconded-by Councilmember Nettles, to establish 5:00 p.m.,-- Wednesday, November 9, 1988, as the Canvassing Board meeting for the General_ Elections. Motion, Ayes =5, Nays =O, Motion passed. APPOINTMENT OF ELECTION JUDGES RESOLUTION #2533* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to adopt Resolution #2533, appointing Election Judges for the General Election. Motion, Ayes =5, 14 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 APPOINTMENT OF ELECTION JUDGES CONTINUED Nays =O, Motion passed. ADMINISTRATOR'S.INFORMATION* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to accept the City Administrator's Information regarding: Woodhill Avenue; County 15 Progress; Orono /Minnetonka Beach Interceptor; Lake Minnetonka Regional Park; Crystal Bay Road; and the DARE Program. Motion, Ayes` =5, Nays =O, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett reported that Hennepin County Court denied the Art Center's Motion for Summary Judgment. LICENSES* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to approve the following licenses: Septic System Installers License: Duane Ritter Excavating 7120 Vernon Street Rockford, MN Industrial Utilities Inc. 2348 Driftwood Lane Stillwater, MN Charitable Gambling License: Lions Club Mound Northwest Tonka CEO -Stan R. Drahos Motion, Ayes =S, Nays =O, Motion passed. BILLS* It was moved,-by Councilmember Callahan, seconded by Councilmember Nettles, to approve payment of the All Funds Accounts. Motion, Ayes =5, Nays =O, Motion passed. ADJOURNMENT -8:55 P.M. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adjourn the Regular Council Meeting at 8:55 p.m. Motion, Ayes =5, Nays =O, Motion passed. 15 CMG C_1�04; �� James R. Grabek, Mayor Barbara A. Peterson, Acting Mayor 0 CJ •