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HomeMy WebLinkAbout12-12-1988 Council Minutesr •�. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 12, 1988 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Nettles, 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 Engineer Cook, City Attorney Barrett and City Recorder Scheff ler. CONSENT AGENDA* City Administrator Bernhardson requested that item #4 be removed from the Consent Agenda. Item #36 and #37 were removed by Councilmembers Goetten and Callahan respectively. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Consent Agenda, with the exception of those items mentioned above. Motion, Ayes =5, Nays =O, Motion passed. PRESENTATION TO THE FAMILY OF BRAD VAN NEST Mayor Grabek presented Mrs. Van Nest with a plaque • commemorating Mr. Van Nest for his many contributions to the City of Orono. Mrs. Van Nest thanked Mayor Grabek and the Council. APPRROVAL OF MINUTES* It was moved by Councilmember Goetten, seconded. by Councilmember Peterson, to approve the Minutes of the November 28, 1988 Regular Council Meeting. Motion, Ayes =5, Nays =O, Motion passed. PLANNING COMMISSION COMMENTS Planning Commission Representative, Maureen Bellows, was present, but had no comments. PUBLIC COMMENTS There were no comments from the Public. ZONING ADMINISTRATOR'S REPORT: #1330 FULLERTON PROPERTIES 880 TOWNLINE ROAD FINAL PLAT APPROVAL RESOLUTION #2553 Mr. Joe Franks, Vice President of Fullerton Properties, was present for this matter. City Administrator Bernhardson explained that the applicant • was requesting the installation of an entrance island and a monument as part of final plat approval. Bernhardson provided the Council with a depiction of the proposal. The monument would have a metal plate inscribed with the name of the subdivision. The City of Orono currently has no standards pertaining to this 1 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 ZONING FILE #1330- FULLERTON PROPERTIES CONTINUED type of signage. Mr. Franks explained that it was his intention to make the monument approximately 5' high with a plaque 18" x 24 ". Councilmember Goetten asked whether there would be the need _for variance approval. Assistant Planning and Zoning Administrator Gaffron reiterated Bernhardson's statement that Orono had no standards as to placement of the monument within the island. Zoning Administrator Mabusth expressed the need to amend Orono's Codes to address this type of accessory structure. Mr. Franks interjected that should the road become a public, rather than private road, the island would be removed. Gaffron asked Mr. Franks as to the proposed width of the monument. Mr. Franks replied that it would be approximately 6' to 8' wide. The monument must be centered within the 12' width of the island. Gaffron suggested that Mr. Franks present a final plan showing the dimensions of the proposed island and monument. Bernhardson recommended that language be added to the final plat resolution addressing the monument and island. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to approve the final plat for 880 Townline Road, subject to conditions being placed upon the construction and installation of an entrance island and monument. Motion, Ayes =5, Nays =O, Motion passed. APPROVAL OF ROAD NAME REQUEST City Administrator Bernhardson informed tie Council that the applicant was seeking approval of the road name "Creekwood Trail ". Councilmember Goetten questioned whether this would be the only use of the name "Creekwood Trail" within the City of Orono. She was informed that Orono had no other streets or roads named Creekwood. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept the name "Creekwood Trail" for the plat of Painters Woods. Motion, Ayes =5, Nays =O, Motion passed. #1334 SIDNEY REBERS HIGHWAY 12 & BROWN ROAD NORTH SUBDIVISION RESOLUTION #2554 As reviewed by City Administrator Bernhardson, the Council had given conceptual approval of the preliminary subdivision at the November 28, 1988 meeting. They had requested that several items be further resolved in order to address concerns expressed by adjacent property owners. Location of the access road off of 2 n .4 Y IL J • • "s • MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 ZONING FILE #1334 REBERS- CONTINUED Brown Road was an issue, as was locating a road and access to be used during construction. The other issue was that of the lots and fencing along the northern boundary abutting the Platteter property. The City Engineer examined the possibility of the construction access being located off of Highway 12. He did not feel that access was feasible because of the higher elevations and trees in that area. Mr. Rebers has agreed to be financially responsible for any damage that may occur to Brown Road as a result of the construction. Mr. Rebers met with the Duncansons and Platteters to discuss a solution to their concerns. Among - other things, it was determined that there would be a reduction in the number of lots along the northern boundary from 6 to 5 or 4. They have also examined the possibility of widening the barrier from 50' to 701. Mr. Stephen Pf laum provided a summary of the discussions involving the Platteters, Duncansons, City Staff and the applicant, as follows: • Principal Entrance Access: The main access was relocated to a more southerly position that would have the least impact upon the Mabusths and Duncansons. The current proposal would place the access just south of the Mabusth's driveway. An evergreen barrier would be planted, directly opposite the access to shield the Duncanson home from any visual impact. There would be approximately 20 10' evergreens planted in a staggered fashion in two rows. Due to the fact that they would be planted on the Duncansons' property, their approval would be required. Mr. Rebers has agreed that he will water the trees for one year from the date in which they are planted, provided that the Duncansons provide the water. Documentation of these agreements will come in the form of letters that will be part of the subdividers agreement at the time of final plat approval. Northern Border ( Platteter Property): It was determined that it would not be feasible to plant evergreens in the woods on the Rebers side of the northern boundary due to density of existing vegetation. It would be possible to plant the evergreens on Platteters' property. The evergreens would be planted in the same manner being used for the Duncanson property. However, 40 10' evergreens would be used, rather than just 20. In order to alleviate the need to remove trees to plant trees, it would be necessary for the Platteters to provide a temporary easement, running in favor of Orono, so that the trees could be • planted through access from their property. Mr. Rebers will agree to water the trees for one year conditioned upon the Platteters providing access and water. There is a private power line that provides electric service 3 t~ MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 • ZONING FILE #1334 - REBERS CONTINUED to the Platteter house. In order to alleviate the necessity to trim trees near the power line, Mr. Rebers is installing underground electric service and will run it to the property line where the Platteters can connect at their own expense. This method was being proposed to do away with the overhead lines. Adequate Drainage: Mr. Rebers will have to obtain approval from the Watershed District of a comprehensive drainage plan. There will be a drainage pond in the southeast corner,that will collect run off from the property. Mr. Rebers will work with the City Engineer with respect to any additional drainage should it be necessary. Fencing along Northern Property Line: The Planning Commission recommended that no fencing of any kind be placed between the Rebers and Platteter properties. They did not want to set a precedent for future subdivisions. However, Mr. Platteter is concerned about the safety of his horses due to dogs that may come from the new residences in the subdivision. Mr. Rebers is still willing to construct a farm -type fence as initially proposed. It will be up to the Council to decide whether that issue be addressed within the resolution or simply agreed upon between the parties involved. • Reduction of Lots along Northern Boundary: An amended proposal was presented which showed the subdivision with 5 lots along that property line, and the buffer area increased to 701. They also prepared a sketch plan, at staff's request, showing 4 lots, but were not in favor of this proposal. Five lots will allow for more conformity in lot size throughout the entire subdivision. Mayor Grabek observed that many alternatives were presented to address the concerns of the Platteters. He questioned whether the Platteters had been apprised of these proposals. Mr. Platteter believed that the Comprehensive Plan had been abandoned. He expressed the importance of the buffer to divide two -acre rural residential and one -acre sewered lots. He also felt that 40 evergreen trees would be insufficient to create an adequate buffer. Drainage is still a concern, but Mr. Platteter was pleased to see that it was being addressed. Mr. Platteter stated that he had not seen the 4 -lot proposal until this evening, but did not like the aspect of 4 -lots allowing a larger pad size. Mr. Robert Rost concurred with Mr. Platteter that the 4 -lot scheme would allow for a very large building pad. Councilmember Goetten asked for more details and dimensions involving the 4 -lot plan. Mr. Rost informed her that in the plan for 6 lots, the lot size ranged from 35,000 to 38,000 sq. ft., • with a 50 ft. buffer. With 5 lots and a 70 ft. buffer, the lot sizes range from 38,000 to 44,500 sq. ft. With 4 lots, the lot size would range from 43,500 to 56,000 sq. ft. Mr. Rost 4 s' • MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 ZONING FILE #1334- REBERS CONTINUED mentioned the fact that '3 lots would still not create 2 acre lots. The Comprehensive Plan does not take into consideration the open buffer area that is being provided in this proposal along the northern boundary and the setback restrictions. With the 5 lots, the depth of the lots was increased, as well as the buffer area. Some of the property in the sixth lot was distributed into the center of the subdivision. The 4 -lot proposal, in keeping with the 25 -lot plan, would only allow for - marginal building pads on the south side of the development, which would severely limit the size house that could be built on those lots. The building pads would range in size from 190' x 110' to 95, x 1201. Mr. Tim Adams thanked the Council, Mr. Rebers and his representatives, for addressing all of the issues. He submitted a petition to protect North Brown Road. He would like to see the Amended Comprehensive Plan adhered to, which would include the 2- acre lots along the northern boundary. Planning Commission Representative Bellows asked for clarification as to how the size of the buffer area varied from the 4 -lot proposal to the 5 -lot proposal. Mr. Rost explained • that allowing for a 70 ft. buffer with 5 lots would provide a more equal distribution of the property while still maintaining 25 lots in the subdivision. Bellows expressed her reservation about the 4 -lot proposal due to the large building pads that would exist on each of the 4 lots. She also believed that the extra 20 feet of buffer provided by the 5 -lot proposal would more adequately address the Platteters' concerns. Councilmember Goetten questioned whether restrictions could be placed on the building pad size, if there were only 4-lots, to prevent extrordinary houses from being built. Mr. Pf laum expressed reluctance in redefining building pads for any lots, but agreed that it would be necessary to avoid the possibility of "super size" homes being built on the 4 northerly lots. He suggested that the Planning Commission - refine the building restrictions on only those 4 lots. Councilmember Goetten stated that only allowing 4 -lots along the northerly border would be more in keeping with the Comprehensive Plan Amendment. Planning Commission Representative Bellows asked how many lots could exist along the north /south boundary of the Platteter property if the minimum requirements for a 2 -acre lot were observed? Mr. Rost stated that the minimum 2 -acre lot width •would be 250' to 300'. With 5 lots, the widths range from 180' to 2401. In addition, with the 5 -lot proposal, there would be an additional 20' of buffer between the Rebers' property and the 1. Platteters'. Mr. Platteter commented that 250 sq. ft. would not make a 2 acre lot. Bellows informed Mr. Platteter that the lots 5 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 • ZONING FILE #1334 - REBERS CONTINUED would not be square, but rather oblong. Mr. Platteter did not understand why the lots could have the longer portion running east /west rather than north /south.. Mr. Peter Jarvis explained that when other 'alternatives to the 6 northerly lots were considered, they did so taking the entire development into consideration. He said that the 4 -lot -proposal was considered because they were directed to do so. However, it is not the proposal they wish to use. Mr. Jarvis said that it would be impossible for the, Platteters to be able to see 5 houses simultaneously, due to the 2 -acre setbacks and the buffer area being proposed. He said that 5 lots versus 4 lots does not significantly change the impact on the Platteters. He said that the Comprehensive Plan does not deal specifically with site plans and subdivisions. He had seen early proposals for the Rebers development that had 6, 5 and 3 lot configurations proposed for the north. He believed that in terms of the overall site plan, that 6 lots were better than 5 lots, and 5 lots would be better than 4 lots. Mr. Platteter stated that there were several misrepresentations made. First of all the area on the north is not as heavily wooded as depicted. He then showed a section from • the Comprehensive Plan that had 3, 2 -acre lots along the northern boundary. Councilmember Callahan observed that if the minimum standards for 2 -acre zoning were used, there would be no other limitations placed on the number of lots along the northern boundary. Zoning Administrator Mabusth asked for the actual dimensions of the northerly lot line. Mr. Rest determined it to be 1200' to 13001, which would allow for 6 200' lots. Callahan further pointed out that if this subdivision were developed in a conventional manner, the buffer and trail system would disappear. 'Mr. Heinz Hutter, 770 North Brown Road, said that most of the persons attending the meeting bought property in Orono because of the 2 -acre lots. He believed that it was the duty of the City Council to consider all of the concerns expressed by the citizens. Councilmember Goetten did not understand why 4 lots along the northerly boundary should be so objectionable when there would still be 25 lots within the subdivision. She felt that the City Staff and Council had bent over backwards to work with Mr. Rebers. Mr. Pflaum clarified that the developer did not represent that 4 lots would not work, but rather that he preferred the 5 lot proposal because of how it affected the overall site plan and design. Mrs. Sisi Hutter asked how small the smallest lot in the subdivision would be if the 4 -lot proposal were used. Mr. Rost C • MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 ZONING FILE #1334- REBERS CONTINUED replied that it would be approximately 33,000 s.f., or 3/4's of an acre. With 5 lots it would be approximately the same, and would provide for the same number of lots. Planning Commission Bellows calculated that with using a 4- lot configuration, and the 80% buildability, it would provide the builder with 44,800 s.f. of pad. Mr. Kost said that the average building pad, using 6 lots or 4 lots would be 8,000 to 10,000 s.f. per lot. However, with the 5 lot proposal, the building pad would be 7,500 s.f., because of additional acreage that would be designated to the trail area. Mayor Grabek believed that the concerns of the adjacent property owners had been addressed. He stated that it would be his preference to have one more smaller house, as opposed to 4 very large homes, as well as the extra 20' buffer. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to accept the preliminary subdivision of Sid Rebers, conditioned upon the developer and City working to control the construction traffic, that the main access road be placed where mutually acceptable to the adjacent homeowners on the east side, • and that the northern boundary line have 5 lots with the additional 20' of buffer from the adjacent neighbor. Further, the preliminary subdivision, should reference the individual agreements pertaining to the evergreen buffering, fence and electric connection, as well as adequate drainage being approved by the Watershed District and Mr. Rebers being financially responsible for construction damage to North Brown Road. Callahan concurred that it may be necessary to plant more than 40 evergreens along the Platteter property to achieve the desired screening. Mayor Grabek amended his motion to include language that whatever needs to be done to adequately shield the Platteters' house be done. Councilmember Nettles asked the Platteters as to their preference between the 4 and 5 lot proposal. Mr. Platteter replied that the farther the proposal strayed from the Comprehensive Plan, the more screening would be required. He said his concern involved privacy, and that he preferred 4 lots. Motion, Ayes =2, Nettles, Goetten and Peterson Nay. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve 25 lots, with 4 lots along the northern boundary with evergreen buffering and a fence, the details of which would be agreed upon between the Platteters and developer, and attached to the resolution, and the language referring to the existence of said agreement be included in the resolution. Further that drainage in the lower southeast corner • be addressed. With regard to Brown Road being used for construction access, that the proposed access be used and that appropriate signage be posted, and the City monitor activities. The outlot for the commercial property frontage road be 7 I MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 • ZONING FILE #1334- REBERS CONTINUED specifically designated "proposed road outlot ". Further, that the building pads for the 4 northerly lots be adjusted so that they would not be dramatically out of proportion with the other lots in the subdivision. It was suggested by City Administrator Bernhardson that the original resolution be adopted with the amendments being recommended, including the 4 lots on the northern boundary, but that the building pad requirements of those lots be a separate item determined by' the Planning Commission. Councilmember Peterson stated for the record that she would vote for 4 lots so that the subdivision would be approved, even though she had previously voted for 3 lots. Motion, Ayes =S, Nays =O, Motion passed. #1337 ROBERT PAIGE 3493 CRYSTAL PLACE VARIANCE RESOLUTION 12555 Mr. Paige was present for this matter. City Administrator Bernhardson briefly reviewed this application. Mr. Paige was requesting variances to a side yard setback and minimum street setback to construct a detached garage. Mr. Paige revised his proposal and will now build the • garage where an existing garage was located. Mr. Paige asked for clarification as to the 30' requirement of the street setback. Assistant Planning and Zoning Administrator Gaffron explained that there must be 30' from the west lot line to the wall of the garage. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt- Resolution #2555, granting the variances requested by Mr. Robert Paige. Motion, Ayes =S, Nays =O, Motion passed. #1346 EINAR HAGBERG 740 NORTH ARM DRIVE VARIANCE RESOLUTION #2556 Mr. Hagberg was present for this matter. City Administrator Bernhardson explained that Mr. Hagberg was requesting a hardcover variance as well as a 5' setback from a sewer variance. The existing hardcover is 18% in the 0 -75' zone, which will decrease to 17% when the recommended removals occur. Within the 75 -250' zone, hardcover will decrease from 31.5% to 26.5 %; and within the 250 -500' hardcover will increase from 30.0% to 33.2 %. Assistant Planning and Zoning Administrator Gaffron reminded • the Council that they had previously reviewed this application and referred it back to the Planning Commission due to a lack of 8 I MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 ZONING FILE #1346 - HAGBERG CONTINUED hardship. Mr. Hagberg informed the Planning Commission that his hardships involved topographical and setback requirements if he were to add on to his existing garage. Further he provided a list of items requiring storage, for which he had none. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2556, granting the hardcover variance and 5' setback from a sewer variance, per staff recommendation. Motion, Ayes =S, Nays =O, Motion passed. #1349 LOREN & JOYCE BORN 1420/1432 SHORELINE DRIVE SUBDIVISION OF A LOT LINE REARRANGEMENT RESOLUTION #2550 Mr. and Mrs. Born were present for this matter. City Administrator Bernhardson explained that the Borns were seeking approval for a lot line rearrangement. The Born property would increase from 2 /10ths to 3 /10ths of an acre. The Halper property would be reduced to just under 1.9 acres. The Born property is,sewered, the Halper property is not. Mr. Born provided a shaded survey better depicting their proposal. Councilmember Goetten expressed her only concern to be the fact that the Halpers had not connected to sewer and that their parcel was being reduced below the 2 -acre minimum. Bernhardson stated that problems resulting from the new lot line were not expected in the future as the land attached to the Born property was not useable by Halpers for septic purposes. The fact that the houses already exist on both properties involved, should alleviate the possibility of setting a precedent. Mr. Halper was present and stated that he understood all of the ramifications involved with the lot line rearrangement. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2550, approving the lot li.ne rearrangement. Motion, Ayes =S, Nays =O, Motion passed. #1349 LOREN & JOYCE BORN 1420/1432 SHORELINE DRIVE VACATION OF EASEMENT RESOLUTION #2551 The Borns were present for this meeting. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2551, approving the vacation of easement. Motion, Ayes =S, Nays =O, Motion passed. 9 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 #1350 LOREN & JOYCE BORN 1420/1432 SHORELINE DRIVE VARIANCES RESOLUTION #2552 Mr. and Mrs. Born were present for this matter. City Administrator Bernhardson explained that this application involved hardcover and lakeshore setback variances. Due to the curvature of the shoreline, the Borns' proposed addition would be only 17' from the shoreline. It was the Planning Commission's recommendation that the shoreline variance be granted rather than encroaching toward the road due to uncertainty of future development of the road. Hardcover is being reduced in the 0 -75' from 27% to 21% and in the 75 -250' zone from 24% to 18 %. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2552, granting the hardcover and lakeshore setback variances. Motion, Ayes =S, Nays =O, Motion passed. #1351 ALFRED HARRISON 1410 SHORELINE DRIVE RESOLUTION #2557 The Harrisons were not present for this matter. As described by City Administrator Bernhardson, the Harrison's were vacating a portion of a Conservation and Flowage Easement that is no longer needed. Bernhardson observed that the easement should have been vacated earlier when the conditional use permit was granted to re- build the pond. The Harrisons have built a tennis court which is located less than the required 26' from the edge of the historic easement but ih more than 26' from the pond. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2557, granting the vacation of a portion of the Conservation and Flowage Easement. Motion, Ayes =5, Nays =O, Motion passed. #1352 CHARLES SCHOEN 2430/2460 NORTH SHORE DRIVE LOT LINE REARRANGEMENT RESOLUTION #2558 Mr. Charles Schoen and his representative Mr. Robert Hartfield, were present for this matter. City Administrator Bernhardson explained that Mr. Schoen was seeking approval for a lot line rearrangement. If approved, Mr. Jacobs would purchase 1.39 of Schoen's property, which would increase his dry buildable to 14.5 acres. Councilmember Goetten inquired as to the purpose of the lot 10 is • MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 ZONING FILE #1352 - SCHOEN CONTINUED line rearrangement. Mr. Hartfield explained that between the wetlands on the Schoen property and Mr. Jacobs property line is a one acre parcel of dry buildable land owned by Mr. Schoen. The property is contiguous with the Jacobs property and will be useful to any persons buying and building on the Jacobs property. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2558, approving the lot line -rearrangement for Charles Schoen and Sheldon Jacobs. Motion, Ayes =S, Nays =O, Motion passed. #1354 MERKOW /CHARLTON 2340 /2380 ABINGDON WAY LOT LINE REARRANGEMENT RESOLUTION #2559 The applicants were not present for this matter. City Administrator Bernhardson explained that this lot line rearrangement would leave both affected properties with the same amount of land. The lot line is being reconfigured to allow expansion of the Merkow front yard and their driveway to be located further west. • It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2559, approving the lot line rearrangement for Mr. Merkow and Mr. Charlton. Motion, Ayes-=5j, Nays =O, Motion passed. #1355 KENNETH WESSELS 1245 WOODHILL AVENUE CONDITIONAL USE PERMIT RESOLUTION #2560 Mr. Wessels was not present for this matter. 01 i A brief explanation of this application was given by City Administrator Bernhardson. Mr. Wessels was requesting approval to install an independant antenna structure approximately 60' high. The antenna will have a retracting feature and will be lowered to a height of 35' when not in use. Due to concerns stemming from problems that occurred with a similar situation, the Planning Commission recommended that the conditional use permit be reviewed in 6 months. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to adopt Resolution #2560, approving the conditional use permit for Mr. Kennth Wessels, for an antenna structure. Motion, Ayes =5, Nays =O, Motion passed. 11 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 #1358 FEIG /JOHNSON • 627/629 NORTH FERNDALE ROAD RESOLUTION #2561• The applicants were not present for this matter. City Administrator Bernhardson explained that this application involved renewal of a subdivision of a lot line rearrangement that had not been previously filed. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2561, approving the renewal of subdivision of a lot line rearrangement for Mr. Feig and Mr. Johnson. Motion, Ayes =5, Nays =O, Motion passed. MAYOR'S REPORT: ORONO /LONG LAKE DISCUSSIONS Mayor Grabek reported that he met with Long Lake and it was agreed that a public statement should be made pertaining to the options available regarding the sewer plant property. One option would be to leave the property for the Long Lake sewer plant within the City of Orono. Reimbursement for any monetary gains or losses from taxes would possibly occur through contractual means. The second option would involve giving the sewer plant property to the City of Long Lake, and use the same method of • reimbursement as proposed in Option one. Mayor Grabek stated that in his opinion, Long Lake would have to be financially responsible for any costs in the event property is given to Long Lake. He expressed his preference by stating that it would make more sense to keep the property in Orono. Councilmember Goetten asked when a public hearing pertaining to this issue was to be scheduled. Mayor Grabek replied that there would not be a public hearing, but rather an opportunity during a Council meeting would be provided for citizens to express their concerns and opinions. Councilmember Nettles inquired as to how adjacent property owners would be notified? Mayor Grabek responded that information would be provided in the Mayors Letter in addition to individual letters being sent to adjacent property owners. Goetten asked that the boundary for sending individual letters be extended beyond the standard 3001. CITY ADMINISTRATOR'S REPORT: COUNTY ROAD 51 City Administrator Bernhardson gave a brief summary of this application. Mr. David Singer had requested that the safety issue of County Road 51 be examined. Bernhardson had been in contact with Hennepin County personnel and they suggested 3 • alternatives for improving safety. 12 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 • COUNTY ROAD 51 CONTINUED 1. Totally eliminate alternate parking elsewhere. parking along County Road 51 and find 2. Widen the shoulder along County Road 51 to a width of 10 feet. Curbing would be provided to encourage motorists to park as far away from the travelled portion of the road as possible. 3. - Eliminate 6 parking slots in the areas where safety is -of the most concern. The slots could either be relocated on the north side, or simply removed and not replaced. In addition to these altervatives, reduction in speed limit was also suggested. However, a speed survey cannot be performed until the construction along County Road 51 is complete approximately one year from now. Another possibility would be to install an access dock to alleviate trespassing. Bernhardson said that he was hoping to elicit comments from the Council and was tentatively proposing to schedule the public meeting for the January 23, 1989. Mr. Singer was present and stated that he would not be available to attend the meeting should it be scheduled for • January 23, 1989. Bernhardson stated that the meeting would be scheduled so that Mr. Singer could attend. Mr. Singer requested that any safety professionals that have been involved in this matter be present at the public meeting. Mayor Grabek concurred. Councilmember Goetten expressed her concern about the DNR's parking slot.requirements. She said that Orono has far more parking slots than required by the DNR. She wondered, however, whether there would be a problem if Orono. began eliminating parking slots. Mayor Grabek agreed that consideration would be given in that regard when options were being examined. Mr. Singer said that he would like to be informed as to the DNR representative with whom the City had been in contact. He said that he had been unable to achieve any results with the DNR: Mr. Singer said that he was planning an addition to his home, but was reluctant to' do so until he knew what the DNR's intentions were. He had received a letter from the DNR that indicated that safety was not their concern. Mr. Singer suggested that the issue of safety be left to the local entities. He felt that the issue of safety was compromised for the quantity of parking slots. Councilmember Goetten and Mayor Grabek concurred with Mr. Singer. Mr. Singer further noted that he had received a letter from the LMCD indicating that they would be in favor of speed • reduction and a f lashing yellow light. The LMCD did not feel that parking reduction was possible. 13 s� MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 COUNTY ROAD 51 CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Nettles, to schedule this matter for discussion at a Council meeting that was agreeable for Mr. Singer, and'that the appropriate persons, perhaps from the DNR, be present at that meeting. Motion, Ayes =S, Nays =O, Motion passed. DRIVEWAY PERMIT - 490 OLD LONG LAKE ROAD This item was tabled per the request of the applicant. 1910 SHADYWOOD ROAD - ACCESS /SIGNAGE Mr. David Bie was present for this matter. City Administrator Bernhardson explained that Mr. Bie was experiencing problems with parking on•Shadywood Road. When the Coffee Bridge was installed the County retained a right -of -way. However, the residents were left responsible for maintaining the road. Because of a problem with non - resident parking on the road, "No Parking" signs were posted by the County. Mr. Bie subsequently has had numerous problems with parking tickets being issued to family members and visitors to his home. Mr. Bie would like a solution to this ongoing problem. City Administrator Bernhardson said the City has reviewed the problem and suggests 2 possible solutions. The first • solution involves making this portion of Shadywood into a private access, with a public easement being given to Hennepin County. Another solution may be to post various signage. Mr. Bie provided more details pertaining to the various parking tickets that were issued by the Orono Police. He said that he would like the "No Parking" signs removed. He also wanted the County right -of -way deeded back to the residents so they could maintain the road and parking problems on their own. Mayor Grabek asked Bernhardson about the County's reaction to the City's suggested solutions. Bernhardson replied that he had informed the County of this matter and was requesting input from the Council before reapproaching the County.- Mayor Grabek informed Mr. Bie that the City would try to convince the County that the best solution would be to vacate their right -of -way. Councilmember Goetten asked if anything could be done to alleviate tickets being issued until this matter was resolved with the County? Bernhardson said that he would talk with ,Chief Rilbo to see what would be possible. It was moved by Mayor Grabek, seconded by Councilmember Nettles, that City Staff be directed to monitor this situation and initiate action with Hennepin County to have this matter resolved in January, 1989. Motion, Ayes =S, Nays =O, Motion • passed. 14 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 • HEADWATERS CONTROL STRUCTURE POLICY -GRAYS BAY DAM City Administrator Bernhardson reported that the City had received the Operating Policy from the Minnehaha Creek Watershed District which addresses headwaters control at Grays Bay. Mr. Arthur Finkelstein had done a study and suggested a higher winter storage level than the MCWD recommended. He also suggested that the LMCD would be the appropriate body to monitor the lake level. The recommendation is that these suggestions be transmitted by letter to the Minnehaha Creek Watershed District. Councilmember Callahan said that a suggestion was made to him that the purpose of the current policy, which was initiated three years ago, was to help f lowage downstream, and that could have negative effects on the Lake. Due to the low Lake levels, now may be an appropriate time to re- examine the current policy. Callahan suggested that the City recommend such a course of action rather than allowing the MCWD to proceed as they have done in the past. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to direct staff to outline in a letter to MCWD its comments on the Headwaters Control Structure Operatons Policy: a.) If greater winter storage is feasible; b.) public education element to better apprise the public of the policy and lake level fluctuation and that they request the LMCD to serve as an ongoing monitor agent of the policy operations. Motion, Ayes =S, Nays =O, Motion passed. LIQUOR LICENSE -ON -SALE City Administrator Bernhardson brief ly reviewed this item. The Council had previously approved renewal of the off -sale. liquor license. However, due to two incidents that occurred at the on -sale establishment, the Council wished to further review the license application. Since that time,'Mr. Holtz provided documentation proving that the person in question was not an employee of his at the time a citation was issued. He also addressed the citation issued for drinks on the table 5 minutes beyond the limit. Mr. Holtz does not feel that a letter is necessary because he is aware of the continued monitoring by the Police Department. Mr. Jimmy Holtz, owner of Jimmie's Lounge, was present. He provided the Council with details of each incident. He reiterated his opinion that a letter was not necessary. He felt that he had adequately addressed each issue. Councilmember Goetten asked whether there had been any written communication to Mr. Holtz from the City regarding these citations. Bernhardson replied in the negative. Goetten believed it may be best to have. written documentation of these incidences for reference should other violations occur in the • future. 15 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 LIQUOR LICENSE RENEWAL CONTINUED • Mr. Holtz felt that he was now fully aware of the ordinances affecting his business. He informed the Council that he fired the individual to whom a citation was issued, and added that there had been no incidences of any kind since that time. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to approve the staff recommendation regarding a letter to the owner. Motion, Ayes =5, Nays =O, Motion passed. RECYCLING PROGRAM -AWARD OF CONTRACT As City Administrator Bernhardson explained, the City took bids from various companies for curbside recycling pick -up for 1989. It is the City's recommendation to award Polka Dot Recycling with the curbside recycling contract. The City is recommending that a $9.00 annual charge be billed to the residents of Orono in their water /septic fees. Bernhardson asked permission from the Council to allow the City to obtain the recycling bins from the County. Councilmember Goetten asked when the recycling program would be implemented? Public Works Director Gerhardson said the program could begin anytime after January 1, 1989. Bernhardson suggested February 1, 1989 as a start -up date. Councilmember Callahan suggested pick up at the refuse site, • as opposed to curbside. He believed there would be more participants if they did not have to bring the recyclables to the curb. Councilmember Nettles questioned whether Polka Dot required label removal. Gerhardson replied that labels did have to be removed from tin cans, but not glass. It was moved by Councilmember Callahan, seconded_by Councilmember Peterson, to award the recycling contract to Polka Dot to pick up at the refuse site, and allow the City to obtain one bin per household. Peterson asked if there was a limit as to how many bins could be used. Public Works Director Gerhardson informed her that additional bins could be purchased. Mayor Grabek did not believe that the additional cost of pick up at the refuse site was econimical. Motion, Ayes =2, Goetten, Grabek and Nettles, Nay. It"was moved by Mayor Grabek, seconded by Councilmember Nettles, to award the recycling contract to Polka Dot for curbside pick up, and to allow the City to obtain one bin per household. Motion, Ayes =3, Callahan and Peterson, Nay, Motion passed. 1989PRE ORDINANCE AND SUMMARY FOR PUBLICATION • City Administrator Bernhardson clarified that the memo reflected what the changes in the fee schedule will be and 16 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 1989 FEE ORDINANCE CONTINUED depicts the 1988 rates in addition to the proposed 198.9 rates. A list comparing building fee schedules of other cities was also provided. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to table this matter until the January 9, 1989, Council Meeting. Motion, Ayes =5, Nays =O, Motion passed. 1989 SALARY RESOLUTION City Administrator Bernhardson explained that this item was request for the 1989 Compensation Resolution. The City is adopting increases at 3 %, as scheduled, for January 1, 1989, in line with the budget increase. There are exceptions occurring with the Public Works personnel. These persons would receive the 3% increase, but it would be split between an increase in base pay and a lump sum payment. In cases where an employee would get a 1% base increase, and a 2% lump sum payment, any increase they would receive in 1990 would be based upon the 1% increase over their 1988 base pay. This will bring those positions back in line with the compensation plan. Bernhardson noted that the C.S.O. position is not on the compensation program and the part - time patrol officer is being included in the program due to his hours exceeding 20. Councilmember Peterson asked to table this matter. • Bernhardson explained that tabling this item would involve the extra calculation of retroactive pay. He suggested that perhaps the portions of concern be tabled, but the remainder be voted upon. Mayor Grabek concurred. Peterson asked to have additional time to review this item. Mayor Grabek stated that the requests were in line with the budget and that he saw no problems. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt the 1989 Compensation Resolution. Motion, Ayes =2, Peterson, Goetten and Callahan Nay. It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to table this item. Motion, Ayes =S, Nays =O, Motion passed. HIGHWAY 12- PROPOSED SAFETY IMPROVEMENT City Administrator Bernhardson presented a sketch depicting the proposed safety improvement to Highway 12. The version he was presenting showed relocation of a portion of North Brown Road. Other options being considered were limiting accesses and channelling traffic. Councilmember Goetten suggested that the Planning Commission be involved in the review process. W-It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept the information presented. Motion, Ayes =S, 17 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 HIGHWAY 12- PROPOSED SAFETY CONTINUED • Nays =O, Motion passed. INSURANCE RENEWALS 1989 It was moved by Councilmember Peterson, seconded-by Councilmember Goetten, to award the City of Orono 1989 insurances to the League of Minnesota Cities Insurance Trust, United Fire & Casualty and Western National, effective January 1, 1989, as proposed. Motion, Ayes =S, Nays =O, Motion passed. ' 1989 NON - INTOXICATING MALT LIQUOR LICENSE RENEWALS* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the .license renewal for a 1989 Off -Sale Non - Intoxicating Malt Liquor license for Navarre Auto Port, Inc. Motion, Ayes =S, Nays =O, Motion passed. POLICE FACILITIES LEASE AGREEMENT* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to table this item until January pending the outcome of discussion between the Chief and the City of Long Lake on this matter. Motion, Ayes =5, Nays =O, Motion passed. DARE PROGRAM* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the information regarding the proposed DARE program in,the Orono Schools. Motion, Ayes =5, • Nays =O, Motion passed. 1989 LEGISLATIVE PROGRAM* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt the 1989 Legislative Program. Motion, Ayes =S, Nays =O, Motion passed. INVESTMENT /DEPOSITORY PROGRAM* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt the City of Orono Investment Policy as revised December 12, 1988 and to adopt Resolution #2563, authorizing the City Treasurer to Designate Depositories of the City Funds. Motion, Ayes =S, Nays =O, Motion passed. ANIMAL CONTROL - BARKING DOGS /HOURS* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the information on the City's barking dog ordinance. Motion, Ayes =S, Nays =O, Motion passed. SALARY REVIEW- JEANNE A. MABUSTH SALARY REVIEW - DOROTHY HALLIN* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the compensation adjustment for Jeanne A. Mabusth, Building and Zoning Administrator to $18.176 per hour effective 9/15/88 and Dorothy M. Hallin, City Clerk to $13.39 per hour effective 9/14/88. Motion, Ayes =S, Nays =O, Motion passed. 18 � Y Y N MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 64- REQUEST STOP SIGN AT 15 AND 19 RESOLUTION 12562* It was moved by Councilmember Goetten, seconded by Councilmember- Peterson, to approve Resolution #2562 requesting Hennepin County to install a stop sign at the southbound right turn lane at the intersection of County Roads 19 and 15. Ayes =5, Nays =O, Motion passed. END OF YEAR TRANSFERS AND LOAN PAYMENTS* It was moved by Councilmember Goetten, seconded by -Councilmember Peterson, that the interfund operating transfers, loan payments and special assessments payments on City property be approved as proposed, effective December 31, 1988. Motion, Ayes =5, Nays =O, Motion passed. 1988 BUDGET ADJUSTMENTS* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve as presented the adjustments to the 1988 General Fund department budgets for comparable worth, other salary and retirement benefits, for special consulting projects, and for the initial payment transfer for the County Road 15 project. Such adjustments are funded by monies budgeted in 1988 in the General Fund and from use of fund balance and result in an increase in the total 1988 budget of $30,000.00, bringing the total to $2,491,070.00. Further to approve adjustments for the Park Fund, Improvement and Equipment Outlay 0b.-IFund and the Building Outlay Fund as presented with the increases to be financed by use of available revenues or fund balances as required. Motion, Ayes =5, Nays =O, Motion passed. CITY OF ORONO - HOOKUP DEFERRAL Councilmember Goetten inquired as to when the Council would be reviewing the City Facilities proposal. City Administrator Bernhardson replied that would be on the January 9, 1989 Council Agenda. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to defer the connection of the three City bui ldings, to the sanitary sewer until the facility study is complete and to continue paying the quarterly sewer service charge. Motion, Ayes =5, Nays =O, Motion passed. ADMINISTRATOR'S INFORMATION Councilmember Callahan was concerned about County Road 116'* He commented that there were many residents of Medina that were opposed to County Road 116 continuing from Highway 55 down through Medina. He suggested that the opposition be presented to Hennepin County. Mayor Grabek concurred and said that he had discussed this item with City Administrator Bernhardson. He believed that the increased traffic would have a significant impact on the surrounding area: ' There were several residents from Medina present who were 19 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 12, 1988 ADMINISTRATOR'S INFORMATION CONTINUED also opposed to the proposal for County Road 116. One of the residents spoke and expressed her concern. She said that a petition had-been circulated and nearly 400 signatures of persons opposing the plan. She offered to support any action that Orono may take. It was' moved .b.yk;tounci•lmember Callahan, seconded by Councilmember -Peterson, to accept the City, Administrator's Information regarding :• Westonka`,Beautification; 1989 Budget .Publication; 1989 calendar; Po,l`ce Department Personnel -Part Time; County Road 116; Highwood *Storm Sewer; and Administrator's Goal Setting. Motion, Ayes =5; ;Nays =O, Motion passed. CITY. ATTORNEY'S REPORT: There was no report from the City Attorney, however, City Attorney Barrett requested an Executive Session. LICENSES* There were no license applications to be approved. BILLS* I-t was moved by, Counci lmember , Goetten, seconded by Councilmember Peterson, to •approve payment of the All Funds Accounts. Motion, ,'Ayes =5;: Nays =0, Motion passed. EXECUTIVE SESSION ?- 10:05 =-P.M. ,City Attorney -:Barrett requested`that the Council go into an executive session "at 1005 p.m. ADJOURNMENT 10:23 P.M. 'It was moved by **Councilmember Nettles, seconded by Counci lmember"Peter son,' to adjourn, the. Regular Council Meeting at -10:23 p.m.' Motion, Ayes =5,. Nays =O; . Motion passed. 20 Jam s R. Grabek, Mayor ti.vy v My C v « v