HomeMy WebLinkAbout01-23-1989 Council MinutesJ
1
MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD JANUARY 23, 1989
ATTENDANCE 7:00 P.M.
The Council met on the above date with the following members
present: Acting Mayor Callahan, Councilmembers Nettles, Peterson
and Goetten; Mayor Grabek was absent. 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, City Engineer.Cook and City Recorder Scheffler.
CONSENT AGENDA*
Councilmember Peterson requested that Consent Items 9, 10,
17, and 19 be removed; Councilmember Goetten requested an
amendment to the Minutes from the January 9, 1989 Council Meeting
and asked to remove item #23 from the Consent Agenda.
It was moved by Councilmember Peterson, seconded by
Councilmember Goetten, to approve the Consent Agenda, with the
exception of those items listed above. Motion, Ayes =4, Nays =O,
Motion passed.
• APPPROVAL OF MINUTES*
Councilmember Goetten asked that the Minutes from the
January 9, 1989, reflect her nomination of Councilmember Peterson
to be a representative to the Westonka Beautification Committee.
It was moved by Councilmember Peterson, seconded by
Councilmember Goetten, to approve the Minutes of the January 9,
1989 Regular Council Meeting. Motion, Ayes =4, Nays =O, Motion
passed.
LAKE MINNETONKA CONSERVATION DISTRICT REPORT
SHORELAND MANAGEMENT - POLICY DIRECTION
Ms. JoEllen Hurr, LMCD Representative, expressed her
appreciation for City Administrator Bernhardson's memo pertaining
to the Shoreline Regulations and Zoning Administrator Mabusth's
input to the subcommittee. She stated that she was proud of
Orono's stringent shoreline restrictions and hoped that outside
pressure would not cause a relaxation of those restrictions.
There have been two meetings on the Eurasian Milfoil
problem. The LMCD is receiving approximately $1,000.00 per day
in contributions, but Ms. Hurr still did not believe that they
would reach the $550,000.00 goal by mid - February. She said that
there is significant public concern.
There will be an upcoming meeting on the low water level of
• Lake Minnetonka. It is causing major problems especially where
the marinas are concerned.
The LMCD has scheduled 5 Thursday evening meetings to
introduce their Comprehensive Plan to the Public. The meetings
will be held in Mound, January 19; St. Louis Park, February 2;
In
MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 23, 1989
LMCD REPORT CONTINUED
Minnetonka, February 9; Wayzata, January 26; and Edina, February
16.
COUNTY ROAD 116
Acting Mayor Callahan explained that the Council would be
addressing the question of County Road 116 possibly being
extended to the northern boundary line of Orono. There is
approximately 600' between the Orono boundary and County Road 6.
If extended, further consideration could be given to the
possibility of County Road 116 extending beyond County Road 6 to
Highway 12. The issue of safety at the intersection of Willow
and Highway 12 has been a concern of the City and citizens of
Orono. Attempts have been made to have a stop light installed at
that location. There is a possibility that bringing County Road
116 to Highway 12 would generate enough traffic in that area to
warrant a stop light. However, the installation of the stop
light may become a reality without the County Road 116 project.
Present this evening were Mr. Patrick Murphy, Ted Hoffman
and Bruce Polaczyk from Hennepin County. City Administrator
Bernhardson commented that the County feels that County Road 116
could extend all the way to County Road 6, with or without
Orono's consent. As far as extension to Highway 12, that would
strictly be Orono's option. The proposal does not call for the
Road to extend south of Willow Drive.
Mr. Murphy reported that the County is proposing to proceed
with County Road 116 from Highway 55 to County Road 6. This
project is in their 1990 program for construction and will be
financed by bonds. He reiterated Bernhardson's statement
regarding their plans to extend County Road 116 all the way to
County Road 6. The County has a layout showing the extension to
go to Highway 12, as that is where they believe County Road 116
should end. They are currently examining the intersection of
County Road 6 to tie it into any future projects that may occur
with Highway 12. The County was hoping to have approval from the
Orono City Council for whatever layouts they may propose. There
are no plans to extend County Road 116 beyond Highway 12.
Mr. Ted Hoffman depicted the proposal for this project. He
said the extension would not vary from the existing portion of
road. Basically it will be two 12' paved lanes and two 8' paved
shoulders and ditches on either side. There will be a portion
north of County Road 6 where both urban and rural sections will
be installed, depending whether there is a need to cut or fill.
They will do this to lessen the impact on properties in that
area. The proposal calls for a shift to the west so that 14' of
right -of -way they would need to purchase would be on one side of
the road. Callahan inquired about the plans for the homes in
that area? Hoffman replied that they would remain, and would be
less impacted by the installation of curbs as opposed to ditches.
Callahan asked about the width of the road from ditch to ditch.
Hoffman answered that it would be 65 -701. Callahan asked about
2
•
•
U
MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 23, 1989
COUNTY ROAD 116 CONTINUED
the width of the current Orono section of road. Public Works
Director Gerhardson said that it was 22 -24' for the travelled
portion, from curb to curb it would be 40'.
Acting Mayor Callahan asked, if approval were given to do
so, would the extension to Highway 12 also take place in 1990.
Murphy explained that there would be an upgrade in their program
mid -year and they would have to find the funding. However, if
Orono approved, the County would do everything possible to
bring that about.
Callahan asked how County Road 116 was chosen for upgrade
when there was so much opposition to the project. Murphy said
that the City Council of Medina had indicated that road was very
important as a north /south connector. The County also had the
upgrade of County Road 116 in their plans for the same reason.
The fact that funding was available made the present time the
best time to go ahead with the project.
Mr. Wilfred Sherer, a Medina Councilmember, was present, as
was Mr. James Dillman, the Medina Public Works Superintendent.
In addition, there were many concerned citizens from Medina
present.
• Ms. Marsha VanDeVen, said she has been involved with this
issue for two years She said that she obtained over 350
signatures on a petition opposing the upgrade of the road.
Unfortunately, the City Council did not take that into
consideration when making their decision. She wanted to
encourage the Orono City Council to really examine what effect
this project would have on Medina. She hoped that Orono would
have some creative alternatives to offer and indicate to the
County Commissioners that they were not in favor of the current
proposal.
Ms. Madeline Wink said that she is very concerned about the
speed of the traffic; she has four children who catch the bus in
that area. She questioned whether the County would aid in
financing the extra police protection that would be necessary due
to the increased speeds. She did not believe that the Medina
Council took the citizens' concerns seriously.
Mr. Wilfred Sherer stated that a plan had existed for County
Road 116 for the purpose of emergency vehicle access. He
acknowledged that there was opposition to this project, but felt
that the election results were more indicative of the Medina's
stand on this project. He believed that his views represented
the views of the majority of Medina citizens. Acting Mayor
• Callahan asked Mr. Sherer if Medina had any plans regarding
development of the land immediately to the north of County Road
6. Mr. Sherer said that the Votech property off of Morningside
was the only undeveloped property in that area.
Ms. Debbie Lewis, an Orono citizen, believed that the 400
3
MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 23, 1989
COUNTY ROAD 116 CONTINUED •
signatures obtained on the petition constituted a large
percentage of people. She believed that if the road went
through, Medina would benefit, but Orono would inherit traffic
problems at the corner of Willow and Highway 12. She did not
believe that the road could stop at County Road 6, it would
eventually have to come all the way to Highway 12. She said that
if Medina had that many people against this project, it would be
even less desirable and beneficial for Orono.
Acting Mayor Callahan reminded the public that the County
intended to extend County Road 116 to the Orono boundary. The
portion of Willow between Highway 12 and County Road 6, has
always been in Orono's plans to be a connecting road between
those areas. The question is what will Orono do about the
increased traffic that will result on Highway 12 and Willow.
Should Orono upgrade that portion of Willow to handle the
possible increase, or should they do nothing and hope that
traffic will disburse to other locations? If Orono objects to
the proposal now, but finds later that a wider road is needed
between County Road 6 and Highway 12, the citizens of Orono may
be asked to aid in financing the upgrade. If they were to
proceed at this time, .there is the possibility that the County
would help pay for the upgrade. Acting Mayor Callahan said that
he was not using that as an argument against the public's
concerns, he just wanted to clarify what the real problems for
Orono may be.
Ms. Karen Ziminski felt that the upgrade was unnecessary and
a waste of money. She also did not feel that there were any
ligitimate reasons expressed as to why the road must be done. It
was her opinion that the Hamel merchants were pushing for the
road to get people up in that area.
Mr. Tim Schoen asked the County about the traffic counts.
Mr. Murphy responded that in 1987 traffic on Willow drive, north
of Highway 12, traffic was approximately 1400 cars /day. North of
County Road 6, there were 1900 cars /day. If upgrade occurs, they
would expect to see between 2500 and 3000 cars /day.
Acting Mayor Callahan asked Mr. Murphy if he had any
information concerning a stoplight at Willow and Highway 12. Mr.
Murphy said that the increased traffic would make it more likely,
but he was not sure whether that alone would be enough.
Mr. Rob Merkow, asked the County what specific reasons they
had for putting in the road? He said that there are other
north /south roads that currently exist. Mr. Murphy said that the
first north /south route to the west would be County Road 19, and
to the east it would be Highway 101. He said it would make good
planning sense for suburban development to place a north /south •
route in the proposed location.
Mr. Gene Hite asked the County what this project would cost.
Mr. Murphy stated that it would cost an estimated $2.9 million,
4
MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 23, 1989
• COUNTY ROAD 116 CONTINUED
and that would include down to County Road 6. Mr. Hite then
asked whether traffic would indeed continue beyond Highway 12 and
filter down into Orono by way of Willow and Old Crystal Bay Road
to County Road 15. Mr. Murphy said that it was incorrect to
assume that all of the traffic heading south on 116 would
continue all the way down to Lake Minnetonka. The reason for
bringing 116 as far as Highway 12 is to make the north /south
routes connect with major east /west routes. Mr. Hite suggested
that the Council take into account the earlier proposition by
Mrs. VanDeVen, that they consider whether Orono should fight the
proposal. If the County does succeed in bring County Road 116 to
the Orono boundary, he would hope that Orono would not proceed to
do any upgrading merely because funding was available.
Mr. Dick Lewis said that it would be impossible at this time
to determine what other solutions or options were available for
Orono to take. He believed that there were many questions that
needed to be addressed before any further discussions could take
place regarding solutions.
Councilmember Goetten mentioned a phone call she had
received from a Kevin Hawkinson, 1125 Willow Drive North,
expressing his safety concerns for the intersection of Willow and
• Highway 12.
Councilmember Nettles asked for a clarification about the
traffic counts. He asked whether the increase in traffic would
come from other north /south roads. Mr. Murphy believed that to
some degree that would be true. Murphy went on to say that the
estimated 3000 cars /day would not significantly increase in the
future. They are not contemplating a rapid escalation in growth
for the area, even though there will be some. Nettles asked if
there would be an immediate increase that would come from
existing traffic on other north /south routes, and the County sees
no other increases in the future, why would it be necessary to
upgrade County Road 116 at all? Mr. Murphy said that from a
planning standpoint, it would make good sense to upgrade the
road. Also, there would not be an overloading of any of the
existing routes. Nettles said that he understood, but felt that
the concerns of the citizens of Medina and Orono were very
important. He believed that County Road 116 would become a major
north /south route that would create more traffic flowing south
into Orono.
Councilmember Goetten asked about safety measures that may
need to be taken due to the upgrade. She asked whether there
would be increases in speeds after the road is built? Mr. Murphy
said he saw no reason why speeds should increase. He said that
the connection portion of the road would be upgraded to resemble
•Willow Drive. Goetten questioned whether there would be safety
concerns if Orono chose not to allow the upgrade? Mr. Murphy
said that County believed it would be best to continue the road
through the intersection of County Road 6.
5
MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 23, 1989
COUNTY ROAD 116 CONTINUED •
City Administrator Bernhardson stated that Medina's
population was under 5,000 persons and therefore it did not get
Municipal State Aid funds, although Orono does. If Medina was
eligible for MSA funds, they would undertake the upgrade of
County Road 116 on their own. The standards would be the same
and would result in an upgrade that would look like Willow Drive,
south of Watertown Road. Orono has tentatively programmed an
upgrade for Willow between Highway 12 and County Road 6 to occur
in the year 1995. This upgrade would be similar to what the
County is currently proposing. That portion of road would be
brought to MSA standards whether County Road 116 went through or
not.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Nettles, that should there be anything that the
Council could do to pursuade the County not to build County Road
116 down to the boundary of Orono, they should proceed in that
direction. He directed the City Staff to talk with the County
Personnel on that issue. Motion, Ayes =4, Nays =O, Motion passed.
Acting Mayor Callahan stated that he was concerned about the
timing of this proposal. He said there was no question about the
upgrade of Willow Road, at least between County Road 6 and
Highway 12. However, it seemed to him that the development of •
County Road 116 to the north, at this time, opens up the
possibility that there will be a more intense development of the
land along the north side of County Road 6. That intersection
may lend itself for the purpose of a gas station or some other
commercial use. This would have an impact on Orono's
Comprehensive Plan and the development of the land immediately to
the south. He believed that due to the attention the development
of Highway 12 was now receiving from MNDOT, that it would not be
beneficial for Orono to spend money on development to the north
at County Road 116.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Goetten, that the determination of what is to be
done with the road between the Medina /Orono border and County
Road 6 be tabled. In addition, decisions regarding upgrade
between County Road 6 and Highway 12 should also be tabled to
allow Orono more time to consider its long range plans. Staff is
directed to continue to investigate and inform the Council as to
the ramifications of this issue. Motion, Ayes =4, Nays =O, Motion
passed.
PUBLIC COMMENTS
There were no comments from the Public.
n
U
O
MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 23, 1989
• ZONING ADMINISTRATOR'S REPORT:
#1328 HOWARD JOHNSON
1635 CONCORDIA STREET
FINAL SUBDIVISION
RESOLUTION #2571*
It was moved by Councilmember Peterson, seconded by
Councilmember Goetten, to approve the lot line rearrangement via
Registered Land Survey for Howard Johnson and Helen Trainor at
1635 and 1675 Concordia Street. Motion, Ayes =4, Nays =O, Motion
passed.
#1353 JOHN FIEBELRORN
2730 SHADYWOOD ROAD
VARIANCE
Mr. and Mrs. Fiebelkorn were present for this matter, as was
their attorney, Larry Berg.
City Administrator Bernhardson explained that this matter
involved an after - the -fact request for variances for a pool
located within the 0 -75' zone. The property is restrictive in
that there are no other areas in which the pool could be located
with the need for variances.
is Acting Mayor Callahan informed Mr. Berg that he had the
right to present his argument as to why the pool should remain.
However, he believed that the Council would vote as did the
Planning Commission.
Mr. Berg stated that there was a spa and pool equipment shed
to consider in addition to the pool. The Dunsheath's, owners of
adjacent property have offered to sell additional property to the
Fiebelkorns that would permit the pool equipment shed to be
located entirely within the Fiebelkorn's property. Mr. Berg
explained that dredging occurred back in 1970 that created a
lagoon area on what was originally dry land on the property now
owned by the Fiebelkorns. Mr. Berg also told the Council that
the Fiebelkorns did not deliberately disregard Orono's
regulations. The violation occurred accidently, due to the
Fiebelkorn's unfamiliarity with Orono's lakeshore regulations.
He said that his clients would be willing to do whatever it would
take so that the pool and spa could remain. However, if the
Council decides that the pool must be removed, the Fiebelkorns
would ask that the spa be allowed to remain and that a "surround"
be built around it.
Acting Mayor Callahan asked Mr. Berg to explain the hardship
in this matter. Mr. Berg cited the land configuration caused by
the dredging to be the hardship. He also questioned whether
•using the average lakeshore setback formula would allow more
flexibility in allowing the spa to stay. Mr. Berg explained that
there were accessory structures such as tennis courts and docks
on neighboring properties that would be closer to Lake Minnetonka
than the spa.
7
MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 23, 1989
ZONING FILE #1353- FIEBELRORN CONTINUED •
Acting Mayor Callahan said that if the Fiebelkorns wished to
retain the spa only, a separate application would need to be
filed for that purpose.
Councilmember Goetten stated that she could not allow the
pool to remain, mainly due to the precedent it would set.
Councilmember Nettles asked about the patio. Mr. Berg informed
him that the patio had not yet been built. Goetten commented
that the Council should be straight forward with the applicants
in regard to the spa. Acting Mayor Callahan said that he
believed the pool and the spa must be removed. Councilmembers
Nettles and Peterson concurred.
Mr. Berg asked if other hardcover were removed if the spa
could remain? Acting Mayor Callahan said that he would review
their application if submitted, however his inclination was that
he would not allow it. Councilmember Goetten said that the
Council had been consistent in disallowing any new structures
within the 0 -75' zone.
Acting Mayor Callahan explained that the Council was trying
to be polite, but they favored the Planning Commission's views.
In addition, Councilmember Goetten observed that there was no
hardship for the spa.
Mr. Fiebelkorn asked for some guidelines as to the removal •
of the pool. Acting Mayor Callahan stated that the City staff
would have to be consulted.
City Administrator Bernhardson suggested tabling this matter
so that the issue of removal could be further explored.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Nettles, to table this matter to allow the
applicants time to work with the City Staff on the removal of the
pool and spa. Motion, Ayes =4, Nays =O, Motion passed.
1360 MERROW /CHARLTON
2340/2380 ABINGDON WAY
LOT LINE REARRANGEMENT
RESOLUTION #2572*
It was moved by Councilmember Peterson,
seconded by
Councilmember Goetten, to adopt Resolution #2572,
allowing for
the vacation of the dedicated drainage and utility easements.
Motion, Ayes =4, Nays =O, Motion passed.
1361 ORONO SCHOOL DISTRICT #278
980 OLD CRYSTAL BAY ROAD
VACATION OF EASEMENT
RESOLUTION #2573*
It was moved by Councilmember Peterson,
seconded by •
Councilmember Goetten, to adopt Resolution #2573,
granting the
vacation of a portion of the dedicated drainage
and utility
easement. Motion, Ayes =4, Nays =O, Motion passed.
8
MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 23, 1989
• ENGINEER'S REPORT
COUNTY ROAD 15 FUNDS - STATE RESOLUTION #2574
Councilmember Peterson asked for clarification of this item.
City Administrator Bernhardson explained that when MSA funds are
used off of the system, there is a certain penalty. If MSA funds
are used on County or State roads rather than City designated MSA
roads, then there is a 5%/year penalty that runs for 10 years,
which would amount to $10,000.00 /year for 10 years. However,
there is an offset created if you consider the cost of money
(interest that would be charged if the money were borrowed).
City Engineer Cook further explained that if the $200,000.00
MSA funds were spent on Willow Drive (as an example), the City
would no longer have needs for Willow Drive. If the $200,000,00
were spent elsewhere, the City would lose those needs. The City
would ultimately have to spend the equivalent of the $10,000.00
penalty by using it on other streets because we do not accumulate
the needs for the system. If the money were left in the State -
Aid fund and not used, the City could lose twice the amount that
would be lost because of the penalty.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Goetten, to approve Resolution #2574, authorizing
the use of $200,000.00 of MSA funds toward the City's share of
the cost for the reconstruction of County Road 15. Motion,
• Ayes =3, Peterson, Nay because she did not fully understand the
ramifications of this proposal.
MAYOR'S REPORT:
1989 APPOINTMENTS - RESOLUTION #2575
Councilmember Peterson inquired of City Administrator
Bernhardson what questions he had concerning the Cable
Commission Appointments. Bernhardson replied that he was
questioning whether the 2 Councilmembers that were listed were
agreeable. Councilmember Goetten commented that she did not
have Cable TV. Councilmember Nettles has Cable TV and agreed to
be an alternate.
Councilmember Peterson suggested that the appointment of the
Engineering and Legal contract be re- examined in the Fall.
Acting Mayor Callahan suggested that the medical clinic may also
be re- examined. Peterson asked how the Mound Clinic was ever
chosen. Public Works Director Gerhardson explained that was
actually the Mound Clinic in Maple Plain.
Councilmember Peterson questioned why Lt. Cheswick was not
the alternate for the Minnesota Police Recruiting System. City
Administrator Bernhardson stated that generally the system was
comprised of Police Chiefs and City Administrators. He did not
see any reason why that position could not be delegated to Lt.
• Cheswick, providing he was agreeable.
The final revision to the 1989 appointments requested by
Councilmember Peterson was that of Acting Mayor. It was her
9
MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 23, 1989
1989 APPOINTMENTS CONTINUED •
belief that due to Mr. Callahan's appointment to this position
for two years, that other Councilmembers be given the opportunity
to experience Acting Mayor. She felt that Callahan had done the
job well, but she wanted to see that position rotate. She
nominated Councilmember Goetten for Acting Mayor for 1989.
It was moved by Councilmember Peterson, seconded by
Councilmember Nettles, to substitute Councilmember Nettles for
Councilmember Goetten for the Cable TV Committee; to substitute
Lt. Gary Cheswick for City Administrator Bernhardson on the
Police Recruiting System; the City investigate the contracts for
City Engineer and City Attorney; and J. Diann Goetten be
appointed Acting Mayor. Councilmember Nettles questioned the
how the Acting Mayor was appointed. Councilmember Goetten
believed that it was a Council decision. Acting Mayor Callahan
believed that it was decided with a majority vote.
Councilmember Goetten asked City Administrator Bernhardson
about her designated position for the AMM. Bernhardson replied
that he would look into that further and add the position to the
appointment list.
It was determined that the appointment of Acting Mayor would
be voted upon separately and Councilmember Peterson withdrew that
portion of her motion. Councilmember Nettles seconded. Acting •
Mayor Callahan asked that the motion include a directive to the
City Administrator to provide the Council, by the October 9, 1989
Council meeting, with a report setting forth the criteria for the
positions of City Engineer, City Attorney and Clinic.
Councilmember Peterson accepted that addition to her motion,
Councilmember Nettles seconded. Motion Ayes =4, Nays =O, Motion
passed.
It was moved by Councilmember Peterson, seconded by
Councilmember Goetten, to nominate J. Diann Goetten as Acting
Mayor for 1989. Motion, Ayes =2, Callahan, Nettles, Nay, Motion
failed.
It was moved by Councilmember Nettles, seconded by Acting
Mayor Callahan, to nominate Edward Callahan, Jr. as the Acting
Mayor for 1989. Motion, Ayes =2, Peterson, Goetten, Nay, Motion
failed.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Nettles, to table this item until the February 13,
1989 Council Meeting. Motion, Ayes =2, Peterson, Goetten, Nay,
Motion failed.
Councilmember Nettles questioned whether the Acting Mayor
had two votes in the case of a tie vote? Acting Mayor Callahan
did not believe so. City Attorney Barrett concurred. •
Acting Mayor Callahan suggested moving this item to the end
of the agenda so that the meeting could proceed. Councilmembers
10
MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 23, 1989
• 1989 APPOINTMENTS CONTINUED
Peterson, Goetten and Nettles agreed.
CITY ADMINISTRATOR'S REPORT:
MARINA LICENSING PROCESS - 1989
Assistant Planning and Zoning Administrator Gaffron
explained that there were three issues involved with this matter.
Should there be a Marina Committee; should the City continue to
license marinas (Orono's codes require licensing to occur); and
whether marinas should be an allowed use in the B2 zone or should
they be a conditional use. When this third issue was previously
raised, it was met with opposition from the marina owners. The
owners felt they were losing some degree of security in their
business by changing marinas from an allowed use to a conditional
use.
The City Staff believes that past marina committees have
dealt with specific issues, but have not had the authority to
negotiate with the marinas as they were not established as a
legitimate body within the code. They were not effective in
dealing with the issues. It is also Staff's opinion that the
licensing process has not been very effective in that marinas
have been allowed to operate without a license. If the Council
feels that there should be a marina committee, Staff would
•request that the committee be created by resolution and be given
some specific authority and direction as to their goals and
intent.
There are three factors that support discontinuation of
licensing:
1. The City has limited jurisdiction over dock use areas,
layouts, number of slips and dredging. The City's main
jurisdiction lies in land use controls.
2. Marina licensing duplicates existing regulations.
Anytime a marina requests a change in land use, or its operation,
a land use application is normally required.
3. Denial of licenses has not been an effective reprimand.
The lack of a license has not stopped marinas from operating or
selling their business. At this time, licensing represents
little more than a paper work process.
Councilmember Goetten stated that the licensing was the only
control the City has had. She agreed with Gaffron that the
marina committee was only a recommending body with less authority
than the Planning Commission. She suggested that perhaps the
authority given to the marina committee needs to be enlarged.
Goetten felt that the City should have a number of subcommittees
•addressing concerns such as marinas, shoreline regulations, etc.
She felt that if the committee had some authority it could assist
the Zoning Department.
11
MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 23, 1989
MARINA LICENSING PROCESS CONTINUED •
Acting Mayor Callahan suggested discussing this issue at the
joint meeting between the Planning Commission and Council. He
said that if a committee were established, it should have some
authority and guidelines.
Councilmember Peterson asked who initiated the marina
committee and why it was abolished? Zoning Administrator Mabusth
stated that the committee was in existence when she began working
with the City in 1978. There have never been any ordinances
defining its authority. The reason it was abolished was because
the LMCD took over all dock regulations. Between the Planning
Commission and the LMCD there was nothing left for the Marina
Committee. The Marina Committee had to refer their decisions to
the Planning Commission on land use matters.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Nettles, to bring this matter before the joint
meeting of the Planning Commission and the City Council, on
February 6, 1989. Motion, Ayes =4, Nays =O, Motion passed.
UNION CEMETERY
Public Works Director Gerhardson explained that the City had
received a request to dead end the cemetery road. Gerhardson
suggested that the road be designated a one -way road. He stated
that if a funeral procession was eastbound on Highway 12 and
tried to turn in at the east entrance, this would create a •
safety hazard for westbound traffic that cannot see the
procession. If they were to turn into the west entrance, there
is adequate sight distance for the oncoming traffic to slow down
and stop. When the time came for the cars to exit, they would no
longer be in a procession.
It was moved by Councilmember Peterson, seconded by
Councilmember Goetten, to designate the Union Cemetery Road a
one -way road and to post one side of cemetery road "No Parking"
Monday through Saturday, 8:00 a.m. to 5:00 p.m. Motion, Ayes =4,
Nays =O, Motion passed.
NAVARRE REDEVELOPMENT*
This is an information item.
RECYCLING AGREEMENT /CONTRACT
It was moved by Councilmember Peterson, seconded by
Councilmember Goetten, to approve the attached agreement /contract
with Polka Dot Recyclers of Buffalo, MN. Motion, Ayes =4, Nays =O,
Motion passed.
UTILITY SERVICES - SPRING PARR*
It was moved by Councilmember Peterson, seconded by
Councilmember Goetten, to approve the attached Emergency Stand -by
Agreement for utilities with the City of Spring Park. Ayes =4, •
Nays =O, Motion passed.
12
r
MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 23, 1989
• RESIGNATION OFFICER JAMES MORROW
Councilmember Peterson asked that a written letter be
presented to Officer Morrow expressing the City's appreciation.
She asked that the Mayor and Councilmembers signature appear on
the letter.
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to accept the resignation of part time
officer James Morrow. Additionally authorization is granted to
hire a part time officer as a replacement. Officer Morrow is to
be presented with a letter of appreciation signed by the Mayor
and all four councilmembers. Motion, Ayes =4, Nays =O, Motion
passed.
SALARY ADJUSTMENT - OFFICERS MARK THOMTON & IRVING ENGLISH*
It was moved by Councilmember Peterson, seconded by
Councilmember Goetten, to adjust Officer Mark Thomton's salary
from $14.123 per hour to $15.692 per hour effective February 1,
1989. In addition, Officer Irving English's salary is adjusted
3% on February 11, 1989 from $15.692 per hour to $16.163 per
hour. At the present time there is no change in vacation
accrual. These adjustments are within the 1988 contract.
Motion, Ayes =4, Nays =O, Motion passed.
POLICE DEPARTMENT PURCHASE - OFFICE EQUIPMENT
•Councilmember Peterson stated that she had a hard time
approving a purchase when there is no set amount specified.
I]
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to table this item until more information
is presented. Motion, Ayes =4, Nays =O, Motion passed.
VEHICLE PURCHASE PUBLIC WORKS - UTILITIES*
It was moved by Councilmember Peterson, seconded by
Councilmember Goetten, to approve the purchase of one 1/2 ton 4-
wheel drive pickup for the Public Works Utilities Department from
Thane Hawkins Chevrolet for an amount of $11,563.00. Motion,
Ayes =4, Nays =O, Motion passed.
KENNEL LICENSE - ORDINANCE AMENDMENT*
It was moved by Councilmember Peterson, seconded by
Councilmember Goetten, to adopt Ordinance No. 63, Second Series
as an amendment to the Kennel Licensing ordinance which changes
the expiration date of kennel licenses.
LAKEVIEW GOLF OF ORONO - 1989 ON -SALE NON - INTOXICATING
MALT LIQUOR LICENSE*
It was moved by Councilmember Peterson, seconded by
Councilmember Goetten, to approve the 1989 On -Sale Non -
Intoxicating Malt Liquor license to the Lakeview Golf Course.
Motion, Ayes =4, Nays =O, Motion passed.
13
MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 23, 1989
ADMINISTRATOR'S INFORMATION •
Councilmember Goetten questioned when the sewer hookups
would be completed for those persons required to do so. Public
Works Director Gerhardson stated that the City was trying to
negotiate with these people. The weather has been another
factor. He felt that at this point, however, the City had been
more than fair. Councilmember Goetten suggested setting a
deadline.
With regard to the Highway 12 development, Mr. George
Johnson said that he would be attending the Transportation
Committee Meeting on Wednesday. He asked Bernhardson for items
of importance that needed attention. The Task Force Committee
has asked that the completion date for the section of Highway 12
between Orono and Delano be moved to 1996. He said that the
Corridor Site Selection Committee needed to be determined
immediately. Bernhardson said that the issue of financing needed
to be addressed, not only from the corridor site aspect, but also
the environmental impact. Mr. Johnson said those items should be
addressed at the meeting. Bernhardson said that the site
selection study could be done before the environmental impact
study, but he recommended that they be done together.
Acting Mayor Callahan thanked Mr. Johnson for the time and
effort he has put into this project.
It was moved by Councilmember Goetten, seconded by •
Councilmember Peterson, to accept the City Administrator's
Information regarding: Eurasian Milfoil; Highway 12 -MNDOT 20 Year
Plan; SAC Refund; 130 Cygnet Place; Recycling Program Start Up;
MCWD Operation Policy; City Administrator Vacation; Payroll
Conversion; Sewer Hookup Status. Motion, Ayes =4, Nays =O, Motion
passed.
CITY ATTORNEY'S REPORT:
There was no report from the City Attorney.
LICENSES*
It was moved by Councilmember Peterson, seconded by
Councilmember Goetten, to approve the following licenses:
Cigarette Licenses: Richard M. Keaveny
Keaveny's Navarre Drug
Grant R. Wenkstern
Lakeview Golf of Orono
LeRoy Koehnen
Navarre Amoco
Don Scherven
Navarre Bowling Lanes
Steven Corl •
Navarre Liquors, Inc.
14
MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 23, 1989
0 LICENSES* CONTINUED
Orono Golf
John M. O'Sullivan
O'Sullivans
Minnesota Vikings Food Service
Washington Scientific
John A. Downey
Wayzata Country Club
Residential Kennel: Judith A. Spinner
940 North Arm Drive
Motion, Ayes =4, Nays =O, Motion passed.
BILLS*
It was moved by Councilmember Peterson, seconded by
Councilmember Goetten, to approve payment of the All Funds
Accounts. Motion, Ayes =4, Nays =O, Motion passed.
ADJOURNMENT 10:05 P.M.
It was moved by Councilmember Nettles, seconded by Acting
Mayor Callahan, to adjourn the Regular Council Meeting at 10:05
• p.m. Motion, Ayes =2, Councilmember Peterson Nay and
Councilmember Goetten did not vote, due to their wish to further
discuss the appointment of Acting Mayor. Motion passed.
•
15
Edward J. Ca 1� a an, Jr.
Acting Mayor