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HomeMy WebLinkAbout04-10-1989 Council Minutes0 C z l MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 10, 1989 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Nettles, 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, Police Chief Rilbo, City Engineer Cook, City Attorney Barrett, and City Recorder Scheff ler. PUBLIC HEARING 7:00 P.M. TO 7:02 P.M. YEAR XV C.D.B.G. The Affidavit of Publication and Notice of Public Hearing were duly noted. City Administrator Bernhardson stated that annually, the City is given a specific amount of money from Community Development Block Grant funds. The City must use these funds for select purposes and will use $14,476 for Highway 12 Corridor Study, $8,500 for rehabilitation of private property and $1,000 for Westonka Intervention. The purpose of this public hearing is to receive public input as to adjusting the amounts allocated to each of these categories. There were no comments from the public and the public hearing was closed. There were no comments on behalf of the Council. CONSENT AGENDA* Councilmember Nettles requested the removal of Consent Item #3; Councilmember Goetten requested removal of items #23 and #30. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to approve the Consent Agenda with the exception of Items #3, #23, and #30, which were removed and discussed in the order they appear on the agenda. Motion, Ayes =4, Nays =O, Motion passed. PLANNING COMMISSION COMMENTS Planning Commission Representative, Ed Brown, was present, but had no comments at this time. APPROVAL OF MINUTES* Councilmember Nettles requested a correction to page 5 of the Minutes of the Regular Council Meeting of March 27, 1989. The correction pertained to the setbacks in his motion for Zoning Application #1366, Loren Butterfield. 40 It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve the Minutes of the March 27, 1989 Regular Council Meeting as corrected. Motion, Ayes =4, Nays =O, Motion passed. 1 , MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT: #1374 FRESHWATER FOUNDATION 2500 SHADYWOOD ROAD SUBDIVISION RESOLUTION #2611 Mr. Marty Jessen, President of the Freshwater Foundation, was present for this matter. City Administrator Bernhardson explained that this was a request for a lot line rearrangement which was previously approved by the Orono City Council in 1975. Assistant Planning and Zoning Administrator Gaffron informed the Council that the subdivision would divide the parcel so that the land containing the Freshwater Foundation buildings would be one parcel and the wetlands would become another. The wetlands parcel would be combined with wetlands to the north owned by Mr. E. W. Blanch. Mr. Jessen clarified that all of the land surrounding the buildings was acquired by Mr. Blanch. Mr. Blanch has given back to the Foundation a right of refusal on a stipulated length of time. The subdivision would create a 5 acre • parcel, on which the Institute is situated, so that it may be conveyed to the University of Minnesota. It was moved by Councilmember Callahan, seconded by Councilmembr Nettles, to adopt Resolution #2611, approving the Registered Land Survey for the Freshwater Foundation, subject to the conditions set forth therein. Motion, Ayes =4, Nays =O, Motion passed. #1376 DAL$ /CHRIS PALM 1710 SHADYWOOD ROAD VARIANCE Chris Palm was present for this matter. City Administrator Bernhardson stated that there was a long history involved with this application. It was originally considered in 1986 by the Council for an addition to the primary structure. At that time, variances were granted, but in order to maintain hardcover percentages, a detached garage was to be removed. The Palms had asked the Council to reconsider removal of the garage and the Council denied that request, but granted an extension of time in which to comply. The Palms have submitted a revised plan, removing alternate hardcover so that the detached garage may remain. However, the proposal does not decrease the hardcover to the required percentage. At their March 20, 1989 meeting, the Planning Commission reviewed the revised proposal • and recommended denial. Assistant Planning and Zoning Administrator Gaffron 2 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 . ZONING FILE #1376 - PALM CONTINUED explained that the hardcover in the original application was approved to be 29% in the 75 -250' zone and 17.5% in the 0 -75' zone. Currently there is 44.4% in the 75 -250' zone and 18.1% in the 0 -75' zone. The Palms are proposing to remove the gravel driveway from in front of the attached garage and use that garage for storage only. This would leave hardcover in the 75 -250' zone at 32.2% and 18.1% in the 0 -75' zone which is 1.5% over the approved hardcover for that area. This difference is due to the fabric underlying landscaping that was existing but not included in the original request. The increase in hardcover in the 75- 250' zone from 29% to 32% results from retaining the detached garage and apron and eliminating the gravel driveway. Ms. Palm addressed the Council and said that she had not fully understood what the original Resolution required them to do. She said that she had been encouraged by all but one neighbor to pursue this matter and felt she had a legitimate request. She said there was a real need for storage and a barrier to shield their house from County Road 19. She informed the Council that after they had signed the Resolution and obtained the building permit, they realized that the garage must be removed. She said that they had several bids from people to remove the garage, but they could find no other place to store the items in it. She added that initially the rock and fabric • extended all the way around the house but went undetected because it was hidden under snow and vegetation. She said that she would not have pursued this matter had it not been for the encouragement she received from the City Staff. City Administrator Bernhardson clarified that staff did not encourage the Palms to pursue this matter, but did explain their options if they wished to retain the garage. He added that the staff had indicated to the Palms that their revised proposal probably would not receive Council approval. Councilmember Callahan asked Ms. Palm when she first discovered that the City was requesting the removal of the garage? Ms. Palm replied that it was discovered when they signed the Resolution in May, 1986. She said that once she realized that the City was serious about having the garage removed, they tried to comply. Councilmember Goetten asked what the hardcover percentages were prior to the Palm's adding onto the house. Gaffron replied that there was 27.2% in the 75 -250' zone and 17.5% in the 0 -75' zone. Those percentages did not include any existing rock or fabric underlying. Once the addition was completed, the hardcover was supposed to be 17.5% in the 0 -75' zone and 29% in the 75 -250' zone. Councilmember Goetten told Ms. Palm that it was her understanding that the Palms were securing a 2 -car attached garage with the intent that a non - conforming detached garage would be removed. Goetten felt that the Palms had drawn this 1 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 ZONING FILE #1376 -PALM CONTINUED . matter out as long as possible and had been able to achieve an additional 3 year's use out of the detached garage. Goetten said that the Council always tried to do their best to compromise with property owners seeking variances. She said that lakeshore property was a bit more difficult to deal with. Goetten said that removing the garage was part of the compromise and she could see no hardship for allowing the garage to remain. She said that the Resolution clearly stated what needed to be done. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to conceptually deny the variance for the detached garage and request staff to prepare the appropriate resolution for denial. Councilmember Goetten asked that a specific deadline be determined as to when the garage and remaining hardcover must be removed. It was agreed by the Council and staff that 90 days would be an appropriate time frame. Motion, Ayes =4, Nays =O, Motion passed. #31383 LILLIAN BONANDER 3200 NORTH SHORE DRIVE VARIANCE RESOLUTION #2612 Lillian Bonander was present for this matter. City Administrator Bernhardson explained, Mrs. Bonander was • seeking an average lakeshore setback variance and hardcover variance in order to reconstruct a deck. Even though the deck will extend 7' beyond the average lakeshore setback line, it will not have any negative impact on adjacent property owners. Zoning Administrator Mabusth informed the Council that the new deck will meet the 10' side setback, the old deck did not. Mayor Grabek questioned whether there had been any concerns expressed by Mrs. Bonander's neighbors? Mabusth replied that the only communication received from neighbors was positive and encouraged the project to eliminate what had become an eyesore. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2612, approving the average lakeshore setback variance and hardcover variance requested by Mrs. Lillian Bonander. Motion, Ayes =4, Nays =O, Motion passed. #1385 BIG ISLAND BOARD OF GOVERNORS CONDITIONAL USE PERMIT RESOLUTION #2613 Mr. Larry Sharpe was present for this matter. City Administrator Bernhardson stated that this matter involved a request for a continuation of a conditional use permit previously approved, with the addition of allowing 30 overnight camp sites. One issue of this current review is whether the latrine facilities within the South Hall Lavatory will be sufficient to handle 30 camp site users. The major question 4 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 • ZONING FILE #1385 -BIG ISLAND CONTINUED for the present applicant involves the capacity of the current septic systems to serve the more intensified use. Mr. Sharpe had no questions concerning the application, but informed the Council that Alan Wisdorf was now the Chairman of the Board of Governors. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to adopt Resolution #2613, approving the conditional use permit required for proposed overnight camping. Motion, Ayes =4, Nays =O, Motion passed. #1386 CLIFFORD OTTEN OUTLOT A, RINGERSWOOD REZONING Mr. Clifford Otten was present for this matter, as was Mr. Robert LaFavor. City Administrator Bernhardson explained that Mr. Otten was requesting the rezoning of Outlot A, Ringerswood. Mr. Otten's original application asked that his proposed garden center be zoned B -1. The property is located within the Highway 12 Corridor and the B -1 zoning was not recommended for the Highway 12 area. A B -6 zoning would be compatible with Highway 12 • Corridor zoning, however, it does not list a garden center as a permitted use. The Planned Development Ordinance would be the most appropriate zoning for Mr. Otten's intended use. The Planning Commission had recommended denial of the B -1 rezoning and that Mr. Otten apply for rezoning under the Planned Development Ordinance. Bernhardson noted out the process for obtaining B -1 zoning would be more lengthy than that required for the Planned Development zoning. Mr. LaFavor showed the Council the plan intended for the garden center /landscape services operation. Mr. Otten said that if the Council felt that the garden center was an acceptable use for the Highway 12 Corridor, he would be agreeable to a PUD with a B -6 underlying. He said that he would have difficulty dealing with a mortgage company if the PUD had an underlying residential use. Mayor Grabek questioned whether there would be any problem that staff could foresee with Mr. Otten's zoning proposal? Bernhardson replied that the garden center would actually be a mixed use and should the B -6 zoning be used, it would allow for more intensified retail business in the future. The PUD would offer more control over any other use should Mr. Otten ever sell the garden center. • Councilmember Goetten observed that the Planned Development Ordinance was scheduled for action at the next council meeting and questioned whether Mr. Otten could wait 2 more weeks. She concurred with Bernhardson about the need to control future uses 5 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 ZONING FILE #1386 -OTTEN CONTINUED . of Outlot A. Mayor Grabek asked Mr. Otten what his desired time frame was for this project. Mr. Otten replied that he would like to have the zoning completed so that all outside construction could be completed this year and he would be ready to move into the new location by Spring, 1990. Mayor Grabek asked him if he had any objections to waiting for the Planned Development Ordinance. Bernhardson interjected that if the Planned Development Ordinance was approved within the next 2 weeks, Mr. Otten could then bring his proposal under the PUD before the Planning Commission and be underway shortly. Mayor Grabek expressed his concern over the light industrial use, i.e. trucks, backhoes, etc., that would be required for the landscaping aspect of the garden center. Zoning Administrator Mabusth explained that there would be conditions set forth as to the use and storage of such equipment. Mr. Otten brought forth the issue of the proposed accesses off of Highway 12 and Willow Drive. He said that the access off of Willow would only be temporary until such time that the proposed service road had a designated connector. An outlot would be designated specifically for the service road. He preferred that the access off of Highway 12 be permanent. • Councilmember Goetten said that she would not object to a temporary access off of Highway 12 provided that the Department of Transportation agreed. She believed that the proposed service road would be a more suitable permanent access when constructed. Mr. Otten stated that the DOT had indicated they would follow the wishes of the City. He pointed out the fact that the Highway 12 access would allow traffic to exit before the busy intersection at Willow Drive and Highway 12. Mr. Otten said that another expressed concern had to do with a low area that was appearing on the various surveys of the property. Mr. Otten said that the low area did not exist any longer. Mabusth added that there would be further investigation into this, and that currently there is a conservation and flowage easement over that area. Councilmember Callahan opined that the configuration for the proposed service road in relation to Dickey Lake Drive, was poor planning. Mr. Otten stated that his original plan configured the proposed service road so that it joined Dickey Lake Drive. Mabusth stated that the residents of Dickey Lake Drive did not want their private road being used commercially and that this position appeared consistent with Planning Commission and Council members throughout the amendment process. It was moved by Mayor Grabek, seconded by Councilmember • Nettles, to refer this matter back to the Planning Commission and that the City move expeditiously to complete the process for putting the Planned Development Ordinance into use. Motion, N MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 • ZONING FILE #1386 -OTTEN CONTINUED Ayes =4, Nays =O, Motion passed. #1387 MARGARET ROSSING 130 CYGNET PLACE VARIANCE RESOLUTION #2614 Mrs. Rossing was present for this matter. City Administrator Bernhardson briefly explained the history of this application. Application #1387 was for an after - the -fact rear setback variance for a deck. Staff had estimated that the pre- existing deck had been 14' from the rear lot line. However a building permit was never issued for that deck. The Planning Commission had recommended that Mrs. Rossing remove the portion of the existing deck that encroached beyond 14' into the rear setback. Mrs. Rossing expressed her belief that the old deck was built at the same time as the house. Councilmember Goetten said that she had visited Mrs. Rossing's property and that she could not foresee anybody building close to Mrs. Rossing's lot line. She disagreed with asking Mrs. Rossing to cut off 2'8" from her deck, especially • since this was not lakeshore property. Planning Commission Representative Brown indicated that the Planning Commission did not want the new deck extending beyond the old deck. He said that they understood the location of the pre- existing deck to more of a definite figure, not an estimation. • Councilmember Callahan reminded 'the Council that the reason the City was unaware of the location of the pre- existing deck was because the applicant did not apply for a building permit. Callahan mentioned the fact that Mrs. Rossing was not being fined, in the form of a double fee, for building with no permit. In his opinion, it was bad policy to double fee contractors, but not residents when they are found to be working with no permit. Councilmember Goetten concurred. City Administrator Bernhardson stated that it was the policy of a previous Council not to double-fee residents. Bernhardson suggested that the policy could be revised to include residents and if the City wished to waive the double fee, it could do so. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to adopt Resolution #2614, approving the rear setback variance for the construction of a deck. Motion, Ayes =4, Nays =O, Motion passed. 7 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 #1353 JOHN FIEBELRORN • 2730 SHADYWOOD ROAD AFTER -THE -FACT VARIANCE Mr. Fiebelkorn was present for this matter as was Mr. Tad Anderson, the Fiebelkorn's Landscape Architect. City Administrator Bernhardson gave a brief synopsis of the Fiebelkorn application for after - the -fact variances for a pool and spa. The Fiebelkorns were now proposing to do a lot line rearrangement and were asking that the spa and equipment shed be allowed to remain. Mr. Fiebelkorn addressed the Council and informed them that the pool had been removed. He said that the paper work for the lot line rearrangement was pending on the approval from the Council to allow the equipment shed to remain. He pointed out that the lot line rearrangement would provide him with enough property to bring the equipment shed into compliance with the 10' side setback. He would be willing to remove 480 s.f. of hardcover from the driveway to try to offset the spa. He said that the driveway removal and lot line rearrangement would result in a net decrease in hardcover on the property. Mayor Grabek asked whether the concrete patio had existed prior to the pool installation. Assistant Planning and zoning Administrator Gaffron said that most of it existed prior to the • project. Mr. Anderson interjected that the spa is currently in the ground, and there is no patio surrounding it at this time. The Fiebelkorns are requesting that a small patio be allowed to surround the spa for additional sitting room. Mayor Grabek recalled previous after - the -fact applications for similar structures located in the 0 -75' zone which were not approved and had to be removed. Councilmember Callahan did not believe that the lot line rearrangement would lessen the impact on Lake Minnetonka. He was not in favor of allowing the spa to remain. Councilmember Nettles said that he had reviewed previous Council meeting minutes and that the Council had told Mr. Fiebelkorn that they would not be inclined to allow the spa to remain. Councilmember Goetten said that allowing the spa to remain would be precedent setting. The Council was strict about not allowing new construction to occur within the 0 -75' setback zone. She said that she had not changed her position and would not approve the spa to remain. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to conceptually deny the request to allow • the spa and equipment to remain in place and direct staff to draft the appropriate denial resolution to bring back to the next meeting. The equipment shed must be removed unless a subdivision 0 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 • ZONING FILE #1353- FIEBELRORN CONTINUED application is submitted and approved within six months. Motion, Ayes =4, Nays =O, Motion passed. PLANNED DEVELOPMENT City Administrator Bernhardson explained that he was presenting a revision to the original draft that would limit the use of the Planned Development Ordinance strictly to the Highway 12 Corridor. Under the category of special requirements, limitations could be placed on a conventional zoning application that would require the applicant to meet all standards. There is also the need to get a clarification on the term "drive -thru" businesses. The main issue yet to be resolved is how to address standards and reference existing zoning. Bernhardson said that he had been working with the City Attorney regarding this matter. It was his recommendation that the Planned Development Ordinance language reference each of the individual zones. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to give conceptual approval to the adoption of the Planned Development Ordinance, limiting it to the Highway 12 Corridor, and request that staff bring forth the language necessary to finalize the adoption. Councilmember Goetten expressed her concern regarding the "drive -thru" aspect of the B- • 6 zoning, and questioned what "restaurant one" would refer to. She did not want to see a drive -in restaurant in that area. Motion, Ayes =4, Nays =O, Motion passed. ENGINEER'S REPORT None MAYOR'S REPORT: PLANNING COMMISSION INTERVIEWS /APPOINTMENT Mr. Stephen Johnston and Mr. John B. Thiesse, candidates for the Planning Commission terms that expired March 31, 1989, were present and briefly addressed the Council. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to accept Stephen Johnston and John Thiesse as candidates and table this item until the April 24, 1989 Council Meeting. Motion, Ayes =4, Nays =O, Motion passed. PLANNING COMMISSION /COUNCIL JOINT MEETING It was agreed that in addition to July 29th, there would be a joint meeting of the Council and Planning Commission on Thursday, May 4th. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to select 5/4/89 as the joint meeting of the Planning Commission and Council and that Councilmembers communicate desired topics to staff prior to the Council's April 24, 1989 meeting so that the agenda for the joint meeting can be adopted by Council. Motion, Ayes =4, Nays =O, Motion passed. We MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 LAKE MINNETONKA MANAGEMENT PLAN - SUBCOMMITTEE SOLICITATION Councilmember Goetten expressed her interest in serving on the Lake Access committee. Councilmember Nettles wished to participate on the Lake Use committee. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to appoint J. Diann Goetten and Alan Nettles to the LMCD Management Plan on the Lake Access and Lake Use Committees respectively. Motion, Ayes =4, Nays =O, Motion passed. CITY ADMINISTRATOR'S REPORT: COUNTY ROAD 51 PARKING City Administrator reminded the Council they had requested information pertaining to the recourse the DNR may undertake should parking along County Road 51 be eliminated. Bernhardson and David Singer had met with a DNR representative and were told that the DNR would not seek a remedy to the loss of parking immediately, but may do so 5 to 10 years from now. They would either look for additional parking elsewhere and /or an additional access. The current funding level the DNR has would not allow them to do much at this time. Bernhardson surmised that with political pressures from various sport /fishing groups the DNR may come up with funding. David Singer questioned the use of tax forfeited land. • Bernhardson clarified that the DNR had been looking at low lying tax forfeited property in 1985. However, at that time, the park in Minnetrista became an issue and nothing further was done. Since that time, one of the parcels has been purchased and built upon. Mayor Grabek asked Chief Kilbo whether in his opinion, there was a safety problem along County Road 51. Chief Kilbo replied that there was indeed a safety hazard, mainly with children crossing the road. Bernhardson reported that he had received a phone call from Maybeth Christensen who expressed her concerns that removal of parking along the Road would create a parking shortage for residents and visitors. She was also concerned about any future actions that may be taken by the DNR to secure additional parking. Councilmember Goetten echoed the concerns of Mrs. Christensen, however, but she also wanted to try to rectify the safety concerns brought forth by Mr. Singer. She suggested that it may be best to address the safety issue using option B, widening the shoulder and providing a double striped fog line, or option D. Bernhardson mentioned the fact that widening the shoulder may not be possible because it would increase hardcover in the lakeshore area. He added that a speed survey would be • done once the MWCC sewer project was completed. Mayor Grabek asked how the Council could ignore the safety 10 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 • COUNTY ROAD 51 CONTINUED hazard existing in this location, especially if a child should be struck by a car. David Singer informed the Council that he had been told that if Hennepin County deemed County Road 51 to be a safety problem, the DNR would not be concerned about losing the parking spaces; however, the County did not say that the Road was a safety problem. He was under the impression that the County Engineer did not want the responsibility of classifying County Road 51 as • safety hazard. Chief Rilbo interjected that he had never seen • County vehicle surveying the site to determine whether the Road was safe or not. Singer went on to say that Mr. Murphy told him that enforcement of no parking designations would fall within local jurisdiction. Councilmember Goetten recommended the removal of four parking spaces along the curve to improve sight lines and requested that the Police Department perform a speed survey in that area. Mayor Grabek asked if it would be difficult to enforce no parking in those four slots. Public works Director Gerhardson said that it would be necessary to put "hash marks" and signage indicating that parking is not allowed. Mr. Singer did not feel that eliminating four parking slots • would solve the safety problem. It was his belief that the shoulder needed to be widened if any parking was going to be allowed in that area. Councilmember Callahan questioned why the City did not include that as an option? Bernhardson said it was due to the need to further encroach into the private lakeshore property; he had received communciation from residents opposing such a plan. Councilmember Callahan suggested that parking could be eliminated entirely until such time that the DNR requests more parking be made available. Mayor Grabek expressed his concern over those residents that would object to the elimination of parking. Callahan suggested taking a survey of the residents to find out how many would oppose no parking. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to request from the Engineers and Police Department an appropriate number of spots to be eliminated and justfication for eliminating those spots. That information is to be brought back to the April 24th Council Meeting. Motion, Ayes =4, Nays =O, Motion passed. COUNTY ROAD 116 City Administrator Bernhardson said that the last time this matter was before the Council, County Commissioner Jude was present. Since that time, he had sent a letter to Bernhardson • saying that the County would respect the wishes of each community. Mr. Jude had also met with Medina citizens in opposition to County Road 116 and told them that if they could convince the Medina City Council to be opposed to the project it 11 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 COUNTY ROAD 116 CONTINUED would not be done. The issue Bernhardson was bringing forth for discussion is what Orono will do should the County Road 116 project proceed. It was Bernhardson's understanding that the project was going ahead. If Orono wishes to have any upgrade done within its City limits, they will need to notify the County soon. Mayor Grabek stated that he was still opposed to County Road 116 going ahead at all, but it appears as though it is. In light of that, he did not believe that the City should miss the opportunity to have that portion of the Road that lies in Orono upgraded with County funds. He did not want to burden the taxpayers with the cost of the inevitable upgrade of the Road. He felt it best to ask City Staff to keep the Council abreast of the progress and indicate when it may be appropriate to contact the County. It was moved by Mayor Grabek, seconded by Councilmember Goetten, that while remaining opposed to ,the construction of County Road 116 south of Highway 55, the Council directs the Staff to work with the County to have it extended from the Orono /Medina border to Highway 12 if County Road 116 is to be constructed in Medina. There was a question from the public (Tom Haislet) as to whether the upgrade of County Road 116 would allow for a stop light to be put on Highway 12? Bernhardson replied that such a decision would have to come from MN DOT, not the County. Mayor Grabek asked about possible funding available to upgrade Willow Road south of Highway 12. Bernhardson stated that the City has not pushed for that. Councilmember Goetten concurred with Mr. Haislet in that a stop light was needed at the intersection of Willow and Highway 12. City Administrator Bernhardson explained to Mayor Grabek that the City needed to indicate its position on upgrading the Road to Highway 12 as soon as possible. Councilmember Goetten did not believe that such a decision should be left up to City Administration. Councilmember Callahan asked for clarification regarding the proposed realignment to the west that would be necessary. He asked who would be responsible for condemning the land that would be needed. Bernhardson said that the County does the right -of -way acquisition, but the City would be responsible for some of the cost. Motion, Ayes =4, Nays =O, Motion passed. COUNTY ROAD 15 BOULEVARD RESTORATION Public Works Director Gerhardson said that in his opinion, it would be in the best interest of the City to put concrete in the boulevard west of Blaine Avenue to the Orono /Spring Park border. The Council had previously agreed to put grass in that area. However, Gerhardson believed that grass would not be maintained and would become an eyesore. Councilmember Goetten said that she reasons for wanting to put concrete in the that sod was more suited to Orono's rural 12 understood Gerhardson's boulevard, but thought character. • • • MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 • COUNTY ROAD 15 BOULEVARD CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve placing concrete in the boulevard area of County Road 15 from Blaine Avenue west to the Orono /Spring Park border. Motion, Ayes =3, Goetten Nay, Motion passed. FULLERTON PROPERTIES /CENTER ISLAND Mr. Joe Franks of Fullerton Properties was present for this matter. Public Works Director Gerhardson explained that item #4 should be corrected to read a 3' shoulder, not 81. Mr. Franks requested a change in item #8 to allow the monument sign to be 14 square feet; and in item #9 to allow the sign to be 7 feet high. He is putting the monument 15' back from the public right -of -way. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve the installation of a center island intersection and monument at the Painters Woods subdivision, 880 Townline Road, with staff recommended guidelines, except it could be 7 feet high and 14 s.f. as long as it is 15' back from the right -of -way. Motion, Ayes =4, Nays =O, Motion passed. • POLICE DEPARTMENT - ANNUAL REPORT It was moved by Councilmember Callahan, seconded by Mayor Grabek, to acknowledge receipt of the Police Department's 1988 Corporate Report including the 1988 Financial results. Motion, Ayes =4, Nays =O, Motion passed. POLICE EQUIPMENT ACQUISITION- MODULE CONSOLE City Administrator Bernhardson explained that the Police Department would like to install vehicle command modules in three of their squad cars. It would put the siren, radio and other equipment overhead rather than the equipment tree currently being used. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to authorize the acquisition of 3 "Vehicle Command Modules" for a total net cost of acquisition and installation of $2,010 over the $1,500 presently budgeted for change over of equipment on the 3 squad cars. Motion, Ayes =4, Nays =O, Motion passed. HENNEPIN PARRS - EMINENT DOMAIN HEARING It was moved by Councilmember Callahan, seconded by Mayor Grabek, to accept the information on the upcoming hearing on the Park and take no action at this time. Motion, Ayes =4, Nays =O, Motion passed. • HIGHWAY SAFETY IMPROVEMENT This item was presented for information only and there was no motion. 13 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 SALARY ADJUSTMENT OFFICER LARRY TOMCHECR* • It was moved by Councilmember Goetten, seconded by Mayor Grabek, to increase Officer Tomcheck's salary from $14.123 per hour to $15.692 per hour based on the 1988 labor contract, effective April 7, 1989. Motion, Ayes =4, Nays =O, Motion passed. REQUIRED AGENDA - ORDINANCE AMENDMENT Councilmember Goetten asked to whom the last paragraph pertained. Bernhardson said he could not specifically address that due to the ordinance being drafted and passed prior to his administration. It was his understanding that it would apply to staff, Council or the public apart from the public comments. Councilmember Goetten said that she could not be in favor of something that would limit the scope of her responsibility to the Orono Community. She questioned who would be responsible for determining what matters were inappropriate. Mayor Grabek interpreted this paragraph as being a means to control an unpleasant situation. Goetten said that she understood that. Her concern involved who it was who deemed matters to be inappropriate, and who approves whether an item will be heard. Councilmember Callahan felt that the Roberts' Rules of Order governed the procedure for which the meeting was conducted and • items were brought before the Council. Callahan asked City Attorney Barrett for his interpretation. Barrett believed that the paragraph in question was a way in which to govern the agenda for Council meetings. Councilmember Goetten stated that in her opinion this item should not have been a consent item and felt it was a bad ordinance amendment. Barrett pointed out that the language in question was not amended, but read exactly as written in 1984. Goetten replied that she took exception to the 1984 ordinance. Mayor Grabek expressed his belief that this paragraph provided a "safeguard" to prevent a topic, of which the Council has no prior information, from being discussed for an excessive amount of time. Councilmember Goetten reiterated her concerns as to whom she would bring forth for approval any matter she wished to bring up at a meeting, yet not on the agenda. Councilmember Callahan said that there was desireability on the part of the public and Council to know the agenda in advance of the meeting. It seemed to him that it would be inappropriate, perhaps illegal, to act on matters that are brought up, but not on the agenda. City Administrator Bernhardson explained that this item was placed on the consent agenda because only the middle of the • Ordinance was being changed. The change involved only updating the Ordinance to reflect the current order of Council agendas. 14 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 • REQUIRED AGENDA CONTINUED Zoning Administrator question was more for the planning of an agenda to prepare for the meeting. Mabusth commented that the paragraph in purpose of providing for the logical provide staff with adequate time to Mayor Grabek directed Councilmember Callahan to review the meaning of the paragraph in question so that it would effectively protect the Council, but address the concerns expressed by Councilmember Goetten. Councilmember Goetten suggested assigning the project to City Attorney Barrett rather than to Councilmember Callahan. She said that she would like to see an appropriate time given to Mayor and Council for comments similar to the time given to public comments. City Attorney Barrett asked if elaborating on item #10 would be appropriate. Goetten stated that would be fine, but also wanted the last paragraph reworded. Councilmember Callahan said that he would like to have some safeguard against having actions taken by the Council without prior notice. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to table this item to give Councilmember Goetten an opportunity to work with City Attorney Barrett to arrive at language that will provide mutual satisfaction to Councilmember • Goetten and the Council as a whole. Motion, Ayes =4, Nays =O, Motion passed. TEMPORARY SEASONAL EMPLOYEES - GOLF COURSE* It was moved by Councilmember Goetten, seconded by Mayor Grabek, to employ the recommended persons as temporary counter helpers and greenskeeper helpers at the respective hourly rates, whose employment is not expected to continue for a period longer than six months. Motion, Ayes =4, Nays =O, Motion passed. C.D.B.G. RESOLUTION #2615* It was moved by Councilmember Goetten, seconded by Mayor Grabek, to adopt Resolution #2615 approving the designated projects and their respective amounts and to direct staff to submit an application to Hennepin County authorizing those projects. Motion, Ayes =4, Nays =O, Motion passed. REMOVAL OF WATER FOWL* It was moved by Councilmember Goetten, seconded by Mayor Grabek, to establish April 24, 1989, as a date for the public hearing on the removal of- waterfowl and that the appropriate notice be published in the paper. Motion, Ayes =4, Nays =O, Motion passed. SPRING CLEAN UP DAY* • It was moved by Councilmember Goetten, seconded by Mayor Grabek, to designate May 6 and May 13, 1989 as Orono Spring Clean -up Days. Motion, Ayes =4, Nays =O, Motion passed. 15 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 TEMPORARY PART TIME EMPLOYMENT- OFFICER FRIENDLY* It was moved by Councilmember Goetten, seconded by Mayor Grabek, to authorize the employment of Mary Hensel Clark as a temporary part time police officer at a rate of $6.50 /hour not to exceed a total of $500.00 effective April 11, 1989 and terminating no later than 6/23/89. Motion, Ayes =4, Nays =O, Motion passed. ADMINISTRATOR'S INFORMATION Councilmember Goetten questioned whether Orono had its own program for the DARE /Officer Friendly program. Bernhardson replied that Orono would try to implement its own program if not in the Spring, in the Fall. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to accept the City Administrator's Information regarding: Highway 12 Task Force; DARE /Officer Friendly; Site Selection; County Road 15 Ribbon Cutting -May 6, 1989; Board of Review; Spring Manager's Conference; Navarre Redevelopment; Summary of Receipts/ Disbursements - January /February; Electronic Funds Transfers - January /February /March; Grievance Policy; and Goal Setting Status. Motion, Ayes =4, Nays =O, Motion passed. CITY ATTORNEY'S REPORT: There was no report from City Attorney Barrett. LICENSES* It was moved by Councilmember Goetten, seconded by Mayor Grabek, to approve the following license: Commercial Kennel License: Residential Kennel License: D. Brian & Cathy L. Fulmer 3505 Wayzata Boulevard Wayne E. & Gayle Carrier 1376 North Arm Drive Jean Carlson 2344 Olive Avenue Julia Kimball Whitney 4470 Forest Lake Landing George W. Ronald 2480 Old Beach Road Motion, Ayes =4, Nays =O, Motion passed. BILLS* It was moved by Councilmember Goetten, seconded by Mayor Grabek, to approve payment of the All Funds Accounts. Motion, Ayes =4, Nays =O, Motion passed. EXECUTIVE SESSION - 10:10 P.M. Mayor Grabek requested that the Council go into an executive session at 10:10 p.m. 16 • • • 0 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 10, 1989 ADJOURNMENT 10:22 P.M. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adjourn the Regular Council Meeting at 10:22 p.m. Motion, Ayes =3, Goetten, Nay, Motion passed. ATTEST: Hallin, City Clerk' _. 17