Loading...
HomeMy WebLinkAbout04-24-1989 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 24, 1989 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 Scheffler. CONSENT AGENDA* Councilmember Goetten requested the removal of item #3 from the consent agenda, Councilmember Peterson requested the removal of item #34 and City Administrator Bernhardson requested that item #18 be removed. It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to approve the Consent Agenda, with the exception of items #3, #18 and #34, which were removed and discussed in the order in which they appear on the agenda. Motion, Ayes =5, Nays =O, Motion passed. • PRESENTATION RESOLUTION OF APPRECIATION - HENNEPIN COUNTY RESOLUTION OF APPRECIATION - HARDRIVES, INC. Mayor Grabek stated that Orono, in coordination, with its neighboring Cities, had successfully completed the upgrade of County Road 15, from Highway 19 to Mound. The City of Orono wished to take this opportunity to recognize those individuals that were instrumental in the completion of the project. Mayor Grabek presented a Resolution of Appreciation to Mr. Stanley Hemphill of Hardrives, Inc., and Mr. Donald Hannan and David Feltl, Hennepin County Project Supervisor and Project Engineer, respectively. Mayor Grabek thanked the gentlemen for their hard work and efforts in successfully completing this project. APPPROVAL OF MINUTES* Councilmember Goetten requested that a correction be made on page 9, to reflect her concern relative to fast food drive -ins, in general, along Highway 12, not any one in particular. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve the Minute of the April 10, 1989, Regular Council Meeting, as corrected. Motion, Ayes =S, Nays =O, Motion passed. LAKE MINNETONKA CONSERVATION DISTRICT REPORT: Representative JoEllen Hurr reported that weed harvesting would begin by June 15th. After taking bids to do the work, they now had harvesters, in addition to an engineer and supervisor provided by Hennepin County. Three cutters will be working at all times, perhaps five, it necessary. The weeds will be cut and 1 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 LMCD REPORT CONTINUED conveyed onto trucks that will used as compost for farm fields. to 500 of the 3000 acres to be permit to cut beyond 500 acres. haul them away to be dried and The DNR has limited the cutting cut. The LMCD will apply for a Mayor Grabek indicated to Ms. Hurr that he had received comments from Orono Citizens concerned about the cutting actually increasing the weed growth since it reproduces by cutting. Ms. Hurr said that cutting was the only method of controlling the weed available at this time. They are working with the Freshwater Foundation for a biological means to contol the weed. The DNR will not allow the weed to be pulled out of the Lake bottom by the root. She said that the allowed chemicals are very limited and require a DNR permit to use. Grays Bay may be chemically treated due to the Minnehaha Creek Watershed District's concern that the weed may spread into the Creek. She said if cutting were not done, the Lake could not be used for recreational activities. Mayor Grabek suggested apprising the public of why the cutting is necessary. Ms. Hurr further reported that Mark Westland resigned and a new member has been selected and will be sworn in. There is a controversy over the Special Density Permit and new dock license for St. Alban's Bay Marina. The concern involves the LMCD's granting of an additional 84 slips. The City of Greenwood is questioning the right of the City of Excelsior to lease the land to the Marina. Ms. Hurr indicated she felt it was an issue between Greenwood and Excelsior. The LMCD will approve a Special Density Permit for the Minnetonka Boat Works, approving an increase of boat storage unit from 41 to 47 on Brown's Bay and from 25 to 67 on Tanager Lake. This matter had already been reviewed by the Planning Commission and was scheduled for the May 8, 1989 Council Meeting. Ms. Hurr stated that Minnetonka Boat Works was less dense than any other Marina on Lake Minnetonka. Mayor Grabek expressed his concern over the low lake level. Ms Hurr stated that currently the Lake is 3' below normal. She said that she had an opportunity to view a map showing the Lake levels as far back as 1820. In the 1940's the Lake was lower than it is now. Mr. Dick Gray had informed Ms. Hurr of his prediction that the Lake will be 1' lower by the end of this season. She said the LMCD had received suggestions to divert the Crow River to bring Lake Minnetonka's water level up. However, Mr. Gray recollected that such a suggestion was made 50 years ago and the Lake level rose significantly on it own by the time permits to divert water were secured. PLANNING COMMISSION COMMENTS Planning Commission Representative, Charles Kelley was present, as was Edward Cohen. Kelley reported that the Planning 2 0 • • MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 PLANNING COMMISSION COMMENTS CONTINUED Commission's review of the Minnetonka Boat Works application had resulted in a 3 to 3 vote. He said that it was a very sensitive issue. Grabek inquired as to the major issue discussed by the Planning Commission. Kelley replied that the safety along County Road 15 was the most important issue. PUBLIC COMMENTS Ms. Penny Norling, 3800 Dickson Extension, addressed the Council regarding concerns about Lord Fletchers' parking lot expansion. She said that she had appeared before the Council before concerning the conversion of Lot 21 into a commercial lot. Lord Fletchers has stopped pursuing that proposal and it is no longer an issue. She said that they now want to put in another parking lot. In order to do that it would be necessary for all of the foilage along Sunset to be removed. In addition, all of the foilage behind 7- Eleven would be removed. The new parking area would be located behind 7- Eleven and extend to the Orono border. Ms. Norling said that she had signed petitions and there were quite a few Orono residents concerned about this proposal. Ms. Norling said that the major concern was losing the foilage separating Lord Fletchers from the residential areas. She said there was also concern about the 932' elevations and the wetlands. Hard surface runoff was another issue to be addressed. • She reported that Lord Fletchers had indicated at two separate Spring Park Council Meetings that they have the required amount of parking for their seating capacity. She questioned why Fletchers needed to have additional parking if they already had enough parking for their seating capacity. Ms. Norling said that Spring Park Council had informed her that since she resided in Orono, this proposal should not concern her. Mayor Grabek asked how the Spring Park Council addressed those same concerns when expressed by Spring Park residents? Ms. Norling replied that the Spring Park residents' concerns are taken into consideration, but it was her opinion that the Spring Park Council "was hand in hand with Lord Fletchers". Ms. Norling asked if there wasn't a way that Spring Park and Orono could work together to address the concerns of the residents living on the border. Mayor Grabek agreed that Orono should work with Spring Park on this matter. Mayor Grabek questioned whether the Minnehaha Creek Watershed District considered the wetlands by the Norlings to actually be wetlands. City Administrator Bernhardson replied that up to the 932' elevation, they would not be considered wetlands. However, the question is whether there has been an accurate survey done. Mayor Grabek said that Orono could express its concerns • about the proposal to Spring Park. He said that staff would need to meet with Spring Park and express Orono's concerns and determine what plans Spring Park had to address those concerns. He suggested indicating to Spring Park Orono's policies in 3 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 PUBLIC COMMENTS CONTINUED • dealing with tree removal and runoff. Mr. Ted Aaronholtz asked to have a representative present at the Orono /Spring Park meeting. Grabek said that Orono would not object to that, but Spring Park must be asked for their input. Another resident expressed her concern over the fact that this matter was coming up for a vote on May 1, 1989. Mr. George Glassco said that they had been able to delay this matter for two meetings, and hoped they would be able to delay it again. Councilmember Goetten asked Mr. Glassco if the Spring Park Council had been receptive to his concerns. Mr. Glassco said "no, not really. Only a couple of members are on their side ". Goetten said that she had talked with George Norling several times regarding this issue. She said she had been out to the property and could see that the parking lot was taking over the entire area. City Admininstrator Bernhardson commented that Lord Fletchers is trying to resolve the problem of parking that occurs in residential neighborhoods, as requested by the City of Spring Park. Fletchers is trying to concentrate parking into one area, rather than having it spread into the residential areas. Spring Park is proposing to post "no parking /tow away zone" signs on • residential streets, providing the residents agree. The overall issue is how many customers Lord Fletchers has indoors and out, and they have been trying find a solution to address that concern. It was Bernhardson's understanding that the property in question had been zoned for commercial use. The issues of design, screening and surfacing remain yet undecided. It was decided that George Norling would be the representative to attend the joint meeting. Mr. James Urban, 1966 Shadywood Road, explained that he wished to complain about a neighbor, Mr. Lloyd Nehring, feeding the ducks. He said that he had testified before the City when this problem was previously brought forth. Mr. Urban said that the problem had worsened and that their property was covered with duck droppings. He said that Mr. Nehring is feeding the ducks by filling a junk station wagon with bread and corn. Mr. Urban said that the stinch is unbearable. Mr. Nehring now has 7 junk cars on his property. Mayor Grabek said that the matter would be reopened and investigated. Mr. Nehring was present and denied Mr. Urban's allegations that he was continuing to feed the ducks. He invited the Council to visit his property to see what the situation was for • themselves. Mayor Grabek said that staff would address this matter and 4 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 • PUBLIC COMMENTS CONTINUED it would be discussed at an upcoming meeting. Mayor Grabek asked Mr. Nehring if he still fed the ducks on a regular basis? Mr. Nehring said that he did not feed the ducks, but had bird feeders from which some ducks ate. ZONING ADMINISTRATOR'S REPORT: #990 WARD FERRELL 3405 WATERTOWN ROAD VARIANCES Councilmember Goetten noted that this application had been ongoing since 1985. She felt that the Council had bent over backwards to accommodate Mr. Ferrell's concerns. Goetten observed that Mr. Ferrell was again not in attendance at the Council meeting, and asked that this matter be closed. She said that she would be in favor of allowing Mr. Ferrell one additional buildable lot in addition to his principal residence, subject to appropriate septic and any other testing that may be required. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to deny application #990, Ward Ferrell. Gaffron asked for clarification as to whether the denial pertained to the request for two additional lots. He noted that Mr. Ferrell had amended his request for one additional lot. • Gaffron suggested that the motion to deny two lots should address Mr. Ferrell's request for one additional lot. If one additional lot is acceptable, it should be specified as to how the parcel is to be split. Mayor Grabek commented that he did not want to plan Mr. Ferrell's proposal. It was up to Mr. Ferrell to come forth with a proposal. Mayor Grabek asked Councilmember Goetten if she would amend her motion to deny Mr. Ferrell's application, yet give him the opportunity to appear before the Council prior to resolution. Gaffron pointed out that final denial would occur at the next meeting when the resolution was brought forward and that Councilmember Goetten's motion would be for conceptual denial. Councilmember Goetten agreed to amend her motion, Mayor Grabek seconded. Motion, Ayes =5, Nays =O, Motion passed. #1261 JOB RAUSCHENDORFER 3895 SHORELINE DRIVE VARIANCES Mr. and Mrs. Rauschendorfer were present for this matter. City Administrator Bernhardson informed the Council that the Rauschendorfers were seeking approval of sideyard setback and hardcover variances in order to construct a garage and replace the existing foundation for the principal structure. This proposal was revised from the original application which included an addition onto the front of the principal structure. • Councilmember Goetten asked whether there was room for a two -car garage and whether the shed could be removed to create a net reduction in hardcover. Gaffron stated that there would be 9' from the right -of -way if the two -car garage was built without 5 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 ZONING FILE #1261- RAUSCHENDORFER CONTINUED the angled storage space. If the angled storage space is included, the shed could be removed, and the garage would be 7' from the right -of -way and more than 20' from the curb line. Goetten asked if there would be ample room to turn around? Gaffron answered affirmatively. Mayor Grabek noted the Planning Commission had recommended approval of a 1 -1/2 stall garage. Goetten expressed her preference for a two-stall garage and removal of the shed. She said the Rauschendorfers were entitled to a garage large enough to store both vehicles. Grabek concurred. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve the side setback, street setback and hardcover variances to allow a two -car garage with the storage area, conditioned upon the removal of the shed and the provision of area to turn around. Motion, Ayes =S, Nays =O, Motion passed. #1302 CRYSTAL BAY ROAD CONDITIONAL USE PERMIT/VARIANCE RESOLUTION #2619 City Administrator Bernhardson noted that this application involved the installation of retaining walls for the restoration of property damaged by the storm of July 1987. The City will restore only the travelled portion of Crystal Bay Road and a guardrail will be placed along the areas where the retaining walls are installed. The residents, within the past few days, have submitted individual landscaping plans for restoring their private property. Councilmember Goetten questioned whether there would be any liability on behalf of Orono since there would not be any guardrail along Schibilla's property? Bernhardson answered that the liability has not changed since the Schibilla's property is the same as it had always been. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve the Conditional Use Permit /Variance for the Crystal Bay Road Application #1302. Motion, Ayes =S, Nays =O, Motion passed. #1353 JOHN FIEBELRORN 2730 SHADYWOOD ROAD RESOLUTION OF DENIAL #2620* It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to deny the after - the -fact variances for a pool and spa which constitute hardcover and structure in the 0- 75' lakeshore setback zone for John L. and Nancy Fiebelkorn at 2730 Shadywood Road, per Resolution #2620. Motion, Ayes =5, Nays =O, Motion passed. 6 • • 11 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 #1368 TOM MCNELLIS 315 -355 WOODHILL ROAD SUBDIVISION - LOT LINE RESOLUTION #2621 Mr. McNellis was REARRANGEMENT present for this matter. City Administrator Bernhardson provided a brief review of this matter. Mr. McNellis was now seeking approval of a lot line rearrangement which was required with the approval of a variance granted last Fall. The lot line rearrangement will provide the required 50' front setback for the McNellis residence. It was moved by Councilmember Nettles, seconded Councilmember Peterson, to adopt Resolution #2621, approving the metes and bounds subdivision of a lot line rearrangement. Motion, Ayes =S, Nays =O, Motion passed. #1376 DALE /CHRIS PALM 1710 SHADYWOOD ROAD RESOLUTION OF DENIAL #2622* It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to adopt Resolution #2622 denying variances to Municipal Zoning Code Section 10.22, Subdivision 2, requested by Chris and Dale Palm at 1710 Shadywood Road. Motion, Ayes =S, Nays =O, Motion passed. • #1393 WASHINGTON SCIENTIFIC, INC. 2605 WAYZATA BOULEVARD CONDITIONAL USE PERMIT RESOLUTION #2623 Mr. Joe Pallansch, a representative of Washington Scientific Industries, Inc., was present. City Administrator Bernhardson explained that Washington Scientific Industries was requesting approval of a conditional use permit to spread contaminated soils to allow air stripping to occur. The Minnesota Pollution Control Agency has approved the proposal as being environmentally sound. The soil contaminant is the same solvent used for dry cleaning. Once the solvent is exposed to air it will volatilize. The applicants will then grade and seed the area. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to adopt Resolution #2623, approving the Conditional Use Permit for Washington Scientific Industries, Inc. Motion, Ayes =5, Nays =O, Motion passed. #1380 GEORGE PARTRIDGE 625 SPRING HILL ROAD VACATION RESOLUTION #2624 • Mr. and Mrs. Partridge were present for this matter, as was Mr. Rottschaefer, Attorney for the applicants. City Administrator Bernhardson informed the Council that the 7 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 ZONING FILE #1380 - PARTRIDGE CONTINUED is Partidges were requesting a vacation of road right -of -way of a County road that was subsequently deeded to the City of Orono. The City does not anticipate any need for the right -of -way. Councilmember Callahan questioned whether the proper procedure regarding public hearing and notifications had been followed? Zoning Administrator Mabusth replied that legal notices are published for vacation applications per standards set forth in State statutes. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2624, approving the vacation of a right -of -way, subject to verification by the City Attorney that proper notification had been given. Motion, Ayes =5, Nays =O, Motion passed. #1390 U.S. WEST COMMUNICATION 2845 WEAR CIRCLE CONDITIONAL USE PERMIT RESOLUTION #2625 Mr. Dan Ressler, U.S. West Communications Network Facilities Engineer, was present for this matter. City Administrator Bernhardson explained that this application involved a request for a Conditional Use Permit to • install and maintain a service area interchange switching cabinet. The structure will be 6' x 10' and screening will be provided to the rear. Mabusth interjected that the Planning Commission had requested that 3 additional shrubs be planted along the east side to shield the structure from Old Crystal Bay Road. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2525, approving the Conditional Use Permit for U.S. West Communication. Motion, Ayes =5, Nays =O, Motion passed. DALE PFEILSTICRER 1830 LAKEVIEW TERRACE HOME OCCUPATION LICENSE Mr. Pfeilsticker was present for this matter. As City Administrator Bernhardson noted, Mr. Pfeilsticker was seeking approval of a home occupation license. Mr. Pfeilsticker has been doing small engine repair in his home for 15 years. Councilmember Peterson questioned staff recommendation #4, pertaining to Mr. James Sundean. Mr. Pfeilsticker informed her that Mr. Sundean resided in Rockford. Mayor Grabek asked Mr. Pfeilsticker about an observation at • one time that there were many snowmobiles in his yard. Mr. Pfeilsticker replied that he and some friends had returned from a 8 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 • HOME OCCUPATION LICENSE- PFEILSTICKER CONTINUED snowmobiling trip and the snowmobiles were not there for repair. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the home occupation license for Mr. Dale Pfeilsticker. Motion, Ayes =5, Nays =O, Motion passed. PLANNED DEVELOPMENT ORDINANCE City Administrator Bernhardson explained that the Planned Development Ordinance was being presented for final approval together with the B -6 Commercial Zoning District and Special Requirements for Highway 12. A suggestion for defining Class I Restaurant has been provided due to the current definition being insufficient. The classification "drive -in" has been changed so that drive -ins as a conditional use in the commercial zone have to correspond with permitted uses. With regard to Special Requirements, if there are any variations from the conventional zoning, the Planned Unit Development would be used. The Planned Unit Development has been designed to address this by limiting it to Highway 12 Corridor and for only those uses listed in the Comprehensive Plan. The standards would be determined by referring to the most closely associated conventional zone. If the request is for a mixed use, the Zoning Administrator would determine the most applicable standards to be used, subject to is approval by the City Council. Councilmember Goetten commended Bernhardson on a job well done. She asked for clarification for "a reasonable time" as mentioned on page 3, subd. 5.D Review. Bernhardson said that would be left up to the discretion of the City. He suggested specifying a time period within the individual developers agreements. She suggested the removal of the words "including mobile homes" from #4 Applications, paragraph D(2) Development Stage, subparagraph (c) (page 10). She also wanted to know who comprised the development review committee. Bernhardson said that the Council would appoint the committee. He said it could be designed any number of ways and would present more in this regard at an upcoming meeting. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to accept the Planned Development Ordinance, with those amendments requested by Councilmember Goetten. Motion, Ayes =S, Nays =O, Motion passed. ENGINEER'S REPORT: LIVINGSTON AVENUE DRAINAGE FEASIBILITY STUDY City Engineer Cook explained that this project involved the construction of storm sewers in the Navarre Heights area. He is showed the area of the project and the properties that are involved in the drainage area. Cook said that runoff collected on Lots 17 and 18 and then drained down and ran across Lot 6 to the road and into the right -of -way. The proposal is to MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 FEASIBILITY STUDY LIVINGSTON AVENUE CONTINUED • construct a storm sewer in the lower area between Lots 17 and 18. The normal - procedure would be to run the storm sewer along property lines, but due to existing trees, it would run diagonally across Lots 17, 18 and 6 to the railroad tracks and discharge into the railroad right -of -way. One of the problems this proposal presents is that it will require more right -of -way to be taken from certain property owners than others. The estimated cost of this project is $30,250.00 and there is approximately 7.1 acres of land in the drainage area, which results in a cost /s.f. of $0.10. A typical lot in the drainage area would be assessed approximately $675.00 for the storm sewer. Those houses on two lots would pay over $1300.00. Cook commented that it is very common for those residents at the beginning and end of proposed storm sewer to object to their involvement and assessment. Karen Cuff was present and questioned how many houses would be involved in the project. Public Works Gerhardson said that he would provide that information within the week. Ms. Cuff questioned the period of time over which assessment payments could be made. Mayor Grabek suggested having the City Finance Director put together some preliminary figures for Ms. Cuff to present to her neighbors. Councilmember Goetten noted that money would be saved if the City did not have to pay for easements. It was moved by Mayor Grabek, seconded by Councilmember • Nettles, to accept the study and set May 22, 1989 as the date of the Public Hearing and instruct staff of assist with the financial information and number of houses affected. Motion, Ayes= 5,Nays =O, Motion passed. HIGHWAY 12- FEASIBILITY STUDY RESOLUTION #2626 City Administrator Bernhardson stated that this pertained to water and sewer service for the Highway 12 area. Sewer Part I is for an extension from the Reber's property over to the existing line, together with a water main running along a similar location. The City has determined the approximate costs of this project and will be working with the affected property owners regarding bids and specs. There will be a need to upgrade the capacity to the lift station. Currently there are three options being explored and will be more fully presented at a later date. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to recommend that the necessary plans and specifications for the Highway 12 Sewer Part I and the water system be drawn and brought back before the Council at the May 22, 1989 Council Meeting. Motion, Ayes =5, Nays =O, Motion passed. MAYOR'S REPORT: MISCELLANEOUS 0 Mayor Grabek provided Mr. Dave Peterson, 2625 Fox Street, with the opportunity to air his grievances concerning the Police 10 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 • MAYOR'S REPORT - MISCELLANEOUS Department and the City Administrator. Mr. Peterson distributed a letter to the Council setting forth his concerns, in addition to writing a letter to the editor. Mr. Peterson said that he has asked specific questions of the City and has not received a response. He said that he has received responses from other residents who believe and expect that the City will take care of them. Mr. Peterson said that he was asking for some evidence of that. Mayor Grabek asked Mr. Peterson if firing the City Administrator and doing a comprehensive study on the Orono Police Department and Administration was his idea of the City taking care of him. Mr. Peterson said that he had asked for some feed back from the City regarding the effectiveness of the Police Department. Mayor Grabek questioned Chief Kilbo as to whether he would be able to meet with Mr. Peterson to address his concerns. Chief Kilbo replied that he would meet with Mr. Peterson at Mr. Peterson's convenience. Mr. Peterson commented that it may not be appropriate to receive the information he is requesting from Chief Kilbo, but felt that was a good place to start. Mr. Peterson stated that he had not received any information regarding his request for the objectives of the Police Officers and Police Department. Mayor Grabek stated that such information • pertained to policy and management style and unless Mr. Peterson was qualified in the area of Law Enforcement those policies would not be discussed. Mr. Peterson said that he concurred that management style was not any of his business, however, he felt that he was entitled to an understanding of the objectives. Mr. Peterson stated that the reason for requesting this information was that it was his belief that writing tickets for traffic violations was the main objective of the Police Department. If there was no evidence that by doing so accidents were reduced, he felt that the Citizens of Orono were being penalized. He questioned whether the objective of writing traffic tickets was disproportioned compared to other Police Department objectives. Mayor Grabek asked Mr. Peterson why he felt that City Administrator Bernhardson's contract should not be renewed. Mr. Peterson said that he felt he was being ignored when he brought his concerns to Mr. Bernhardson. Mayor Grabek said that it was his opinion that Mr. Bernhardson had a great deal of integrity and would not "sweep under the rug" a matter such as this. Mayor Grabek told Mr. Peterson that it was inappropriate to make such an accusation, especially since he had only spoke to Chief Kilbo once. Mayor Grabek also disagreed with Mr. Peterson's assessment that Mr. Bernhardson may not be knowledgeable or have an interest in the activities 'going on around him. He said that making a public degradation of Mr. Bernhardson's working record was an injustice. Mr. Peterson said, in light of the Mayor's • commendation and belief in Mr. Bernhardson's abilities, he would apologize for his comments. He said his comments stemmed from the frustration of being ignored. 11 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 MAYOR'S REPORT- MISCELLANEOUS CONTINUED • Mayor Grabek suggested that following his meeting with Chief Kilbo, and possibly City Administrator Bernhardson, he should attempt to correct the injustice against Mr. Bernhardson. If he felt that his concerns were adequately addressed, Grabek felt it would be appropriate to put a response in the paper as to what he learned about the Police Department and the City Administrator. Mr. Peterson said he would have no problem with doing so. PLANNING COMMISSION APPOINTMENTS CHAIR AND VICE CHAIR Mayor Grabek asked for any additional comments from the Council regarding the Planning Commission Appointments. There were no further comments. It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to appoint Charles Kelley as Chairperson, Maureen Bellows as Vice Chairperson, and Sarah Moos, for three year terms. Councilmember Nettles stated that he was very impressed with Mr. Stephen Johnston and wished to include him. Councilmember Goetten concurred with Nettles, but stated that when there was another opening, she would hope he would come forth. Motion, Ayes =3, Mayor Grabek, Alan Nettles, Nay. Motion passed. PLANNING COMMISSION /COUNCIL JOINT MEETING • Mayor Grabek stated that there had been some concerns expressed regarding the agenda for the joint meeting. Councilmember Goetten stated that the City's involvement regarding the land use aspect of marina applications and other issues now falling within the jurisdiction of the LMCD needed to be addressed. She asked to have that issue placed on the agenda for the joint meeting. Mayor Grabek suggested that the meeting begin at 6:00 and end at 8:00 and all involved persons concurred. Mayor Grabek agreed that the marina issue should be placed on the agenda. Planning Commission Representative Kelley interjected that he would like to see that topic discussed. With respect to the other agenda items, Kelley suggested having guidelines set forth to provide objectives for each. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to accept the date and agenda discussed. Motion, Ayes =5, Nays =O, Motion passed. CITY ADMINISTRATOR'S REPORT: REMOVAL OF WATERFOWL Ms. Carol Burgess was present as a representative of the • residents of Pheasant Lawn. City Administrator Bernhardson explained that the residents 12 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 • REMOVAL OF WATERFOWL CONTINUED of Pheasant Lawn were experiencing problems with an increasing Canadian Goose population. The residents wish to particpate in a relocation program that will cost $1,000.00 per year. Bernhardson said that the City had not budgeted for participation in the program, but may wish to make a small contribution. The City had to make public notice to comply with DNR permit process. Dr. James Cooper of the Department of Fisheries and Wildlife, was present and provided information and a brief history concerning the Canadian Goose relocation program. Mayor Grabek questioned whether the increase in geese and, consequently goose droppings, would escalate to a health hazard if removal did not occur? Mr. Cooper said the possibility of a health hazard from geese is very remote. The problem is mainly aesthetic where property owners are concerned. Councilmember Goetten questioned when the removal program began. Dr. Cooper responded by saying that the program began in 1982 in the Lake of the Isles area. Mayor Grabek said he welcomed the opportunity to be involved and suggested that the City be kept abreast of the effectiveness of the program. • It was moved by Mayor Grabek, seconded by Councilmember Nettles, to contribute $200.00 toward the $1,000.00 fee and continue to monitor the situation. Motion, Ayes =S, Nays =O, Motion passed. WESTONRA /COUNTY ROAD 15 BEAUTIFICATION Mr. James Robin, a landscape architect, was in attendance and presented his proposals for the Westonka /County Road 15 Beautification project. The first requirement necessary for the project's success is that all three communities endorse and implement the proposal. The major objectives of the project is to improve the appearance of the road, repair the damage caused by the construction work, and "soften" the appearance of the area by taking advantage of the shoreline and other natural qualities. Plantings would also be used to soften the appearance. Reorganization and demarcation using tree islands of the off - street parking areas near the Seton Bridge and in Navarre would also increase the aesthetic quality of Shoreline Drive. Mayor Grabek confirmed that Mr. Robin had been commissioned by the Westonka Chamber of Commerce to put this plan together. He said that there would now be a drive to raise funding for the project. He asked Mr. Robin what the estimated cost of the project would be. Mr. Robin said that had not been determined. It was his understanding that much of the improvement would be • done by individual property owners. Councilmember Callahan questioned whether the plantings would grow along the side of the road? He mentioned the earlier 13 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 WESTONKA /COUNTY ROAD 15 CONTINUED • finding of the City that concrete would be more appropriate than plantings because the plantings would not be maintained. Mr. Robin explained that the plantings depicted in his proposal would be located on private property, behind the sidewalk, and there it should not be a problem. The only exception would be the Navarre area. Councilmember Goetten asked Mr. Robin if there was a specific location where his proposal will be displayed for further viewing. Mr. Robin said that there would be a display at the Merrill -Lynch Office. Public Works Director Gerhardson said that he had a black and white copy of the plan. FACILITY SITE ANALYSIS City Administrator Bernhardson reported that the results of the soil boring tests had been received. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept the information and direct staff and the consultant to get the needed cost information including land for development of the economic cost data for each site, tabling the matter until the May 8, 1989 meeting. Motion, Ayes =S, Nays =O, Motion passed. POLICE SUPERVISORY STRUCTURE • Councilmember Peterson asked Chief Kilbo to clarify his statement regarding today's patrol officer. Kilbo explained that things had changed since he was a police officer i.e. overtime hours with no overtime pay. He said that there was nothing wrong with the way things were today, it was just different. He said the police department has dedicated people, but not in the same sense as 30 years ago. Councilmember Goetten asked for a clarification of the duties involved with the title "lieutenant ". Chief Kilbo compared a lieutenant with a supervisor in that they have to guide, counsel, direct, and discipline. He is in need of three supervisors to supervise shifts around the clock. He said in other city police departments, the title "shift commander" may be used rather than lieutenant. A sergeant is a working supervisor out in the field; a lieutenant is a shift commander and runs the entire tour of duty. He said in the City of Orono the title "lieutenant" came about through a testing process. Kilbo said he is seeking three supervisors who will be shift commanders and run each tour of duty. Councilmember Peterson questioned which organizational chart provided the "lateral organization" discussed previously? Kilbo indicated that he preferred chart #2 which would provide him with a supervisor on every shift. Animal Control, the three Lieutenants and an Administrative Secretary would answer directly • to Chief Kilbo. Each Lieutenant would have three officers to supervise. Councilmember Goetten questioned whether approving that organizational chart, wouldn't in fact be approving a third 14 MINUTES OF THE ORONO COUNCIL FETING OF APRIL 24, 1989 • POLICE SUPERVISORY STRUCTURE lieutenant position. Councilmember Peterson asked why Chief Kilbo had requested that this item be tabled. Kilbo replied that he wanted the Council to have an adequate amount of time to review the material presented. In answer to Goetten's question, Kilbo replied that approving the organizational chart of his choice would in fact be approving a third lieutenant position. Mayor Grabek resurrected Councilmember Peterson's earlier concern about the dedication of the police officers. He said it may cause problems, not only among the police officers, but among the Citizens of Orono as well. dedicated police officers. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve Chief Kilbo's organizational chart and request for a third lieutenant. Councilmember Peterson questioned whether that would include only the additional salary for the lieutenant, or would it include the $50,000.00 salary for an additional police officer. Councilmember Goetten stated that she could not approve the expenditure of $50,000.00. Councilmember Callahan asked Kilbo if it was in fact his intention to promote a police officer to lieutenant and then hire an additional police officer? Kilbo replied that would be the ideal situation. However, he said he was open to other suggestions and would be willing to bring back another proposal. • Councilmember Callahan suggested that the motion be withdrawn. It was his understanding that he was seconding the establishment of a third lieutenant position, not the expenditure of $50,000.00. Mayor Grabek withdrew his motion, Councilmember Callahan withdrew his second. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to accept the concept of a three lieutenant (supervisory) position. He requested that the Chief bring back a proposal, alternatives and recommendations to achieve that. Motion, Ayes =5, Nays =O, Motion passed. SEPTIC LICENSE- INGLESIDE ENGINEERING RECON11ENDATION OF DENIAL City Administrator Bernhardson stated this item was for a specific denial of a septic system installer's license. This is a request for an automatic denial because applicant falsified information on the application. Additionally, there has been questions concerning the quality of work performed by Ingleside. Due to the fact that Ingleside had not had an opportunity to respond to the City, Bernhardson said that the Council may wish to table this item. Mayor Grabek questioned whether the falsification of infomation had been verified? Assistant Planning and Zoning Administrator Gaffron replied that the Minutes of the City of • Independence Council Meeting had been obtained. City Attorney Barrett suggested that Ingleside be given an opportunity to appear before the Council and offer any 15 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 explanations for the falsification. • It was moved by Mayor Grabek, seconded by Councilmember Goetten, to allow a representative from Ingleside Engineering the opportunity to be present at the May 8, 1989 Council Meeting and make any statements on their behalf regarding falsification of information. Motion, Ayes =S, Nays =O, Motion passed. NAVARRE REDEVELOPMENT City Administrator Bernhardson requested an appropriate date for meeting with the Planning Commission and John Shardlow to review the work that has been done regarding Navarre Planning. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to place this item on the agenda for the upcoming joint meeting to determine a date for the Council and Planning Commission to meet with John Shardlow regarding Navarre Redevelopment. Motion, Ayes =S, Nay =O, Motion passed. 1989 POLICE SETTLEMENT It was moved by Mayor Grabek, seconded by Councilmember Peterson, to agree to the terms of settlement outlined in Attachment B. Motion, Ayes =S, Nays =O, Motion passed. 1989 SALARY ADJUSTMENT RESOLUTION #2627 Councilmember Goetten questioned why the City • Administrator's employment contract had not come before them since it was due to expire April 30, 1989. Mayor Grabek said that he had put that off due to Councilmember Goetten's indication that she needed some questions answered. Goetten stated that she did not think her questions had anything to do with the City Administrator's Contract. Goetten questioned whether there would be any problem in having the City Administrator working after his contract expired? City Attorney Barrett stated that he had not seen the contract, but he assumed that the City Administrator would continue to act in that capacity and that the contract negotiations would be pending and his benefits and salary would remain the same until the renewal. Grabek asked Barrett to review the contract and inform him prior to May 1st if any other action would be necessary. Grabek said that a copy of the contract could be given to all Councilmembers, along with a proposal of justification, so the matter can be discussed at the May 8, Council Meeting. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Attachment B as the revised 1989 Salary Resolution #2627, together with adopting of Attachment C as the revised 1989 Pay Plan Schedule for the Compensation Plan applicable to persons employed on the date of adoption of these revisions. Motion, Ayes =3, Peterson, Goetten, Nay. Councilmember Peterson felt that since there were no objections regarding the 3% increase that there was no need for the additional .5% increase. Councilmember Goetten was concerned 40 about the precedent setting that may occur by giving an extra percent increase to one group and then having to give it to the 16 ,• MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 . 1989 SALARY RESOLUTION #2627 CONTINUED other. She felt a number of the employees' salaries were already in line with the comparable worth and that the additional .5% was not necessary. Councilmember Peterson concurred. ABANDONED SURPLUS ITEMS FOR AUCTION* It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to approve the auction of abandoned, seized or unclaimed vehicles, to be held May 6, 1989. Motion, Ayes =5, Nays =O, Motion passed. INSURANCE AGENT OF RECORD AGREEMENT* It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to appoint Mr. Duweyne Carlson, Apple Valley Agency, as Insurance Agent of Record for 1989 at a fee not to exceed $6,500.00 including commissions earned through policy premiums paid by the City. Motion, Ayes =5, Nays =O, Motion passed. FEE ORDINANCE AMENDMENT - DOUBLE FEE* It was moved by Councilmember Goetten, seconded by Councilmember Callahan, that the Council repeal the Ordinance No. , Second Series relating to the policy of double fees for After - the -Fact variances. Ayes =5, Nays =O, Motion passed. • 1989 GOLF COURSE FEES ORDINANCE AMENDMENT 65, 2ND SERIES* It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to approve Ordinance #65, Second Series, amending the golf course green fees for 1989. Motion, Ayes =5, Nays =O, Motion passed. RESOLUTIONS OF APPRECIATION - COUNTY ROAD 15 RESOLUTION #2616 RESOLUTION #2617 RESOLUTION #2618* It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to adopt Resolutions of Appreciation #2617 and #2618 regarding County Road 15. Motion, Ayes =5, Nays =O, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to accept the City Administrator's Information regarding: County Road 15 /Grand Opening -May 6, 1989; Highway 12 Task Force; Recycling Results; Solid Waste Management; and Property Tax Brochure. Motion, Ayes =5, Nays =O, Motion passed. CITY ATTORNEY'S REPORT: • ORDINANCE AMENDMENT 2.05 #66, 2ND SERIES City Attorney Barrett reported that at the previous Council Meeting, Councilmember Goetten had raised a question regarding the wording of the last paragraph of Ordinance Amendment 2.05. 17 MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 ORDINANCE AMENDMENT 2.05 CONTINUED He said that he had met with Councilmember Goetten and discussed her concerns. He said that the requirement of a unanimous consent to change an agenda was extraordinary, although he found that to be common among other cities as well. He said that the reasoning behind this requirement is for the benefit of the public attending the meeting. He also noted that this provision would be consistent with the method for calling emergency meetings. The issue of providing people with the opportunity to be heard would be addressed in item #9 which would allow for reports from the Mayor and Councilmember of items not listed on the agenda. Barrett said that the Council may wish to consider adopting the agenda with a 3 /5th vote, however he could not address how that would tie into the requirement of the agenda being prepared 7 days in advance of the meeting. City Attorney Barrett summarized his findings by stating that the provision of setting the agenda prior to the meeting would provide a protection more for persons more likely to be in the minority, rather that the majority. It would prevent a group from arriving at a meeting and announcing a special agenda item that may be passed` without the opportunity for any opposition to be raised. This protection is in keeping with the Roberts' Rules of Order. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Ordinance #66, Second Series, as an amendment to Section 2.05 regarding the required order on the agenda. Motion, Ayes =S, Nays =O, Motion passed. LICENSES Councilmember Peterson asked for the reason why Mr. Thomas Anderson required a kennel license for one dog. City Administrator Bernhardson stated that he would have to investigate and respond at a later time. Councilmember Goetten asked whether the trapping permit was for live trapping. Chief Kilbo said it was for leghold. He further commented that for trapping a beaver, a live trap would not work. Goetten said that live trapping was much more humane and she could not vote for a leghold trapping permit. Bernhardson said that he would look into this matter further. Limited Trapping Permit: Trapping Location: Residential Kennel: Michael & Sally Bosanko 8407 Penn Avenue South Bloomington, MN 55431 2090 Shoreline Drive April 25 -May 6, 1989 John M. Hollander 200 Hollander Road Ross B. Nathanson 2420 Countryside Drive 18 e , • • • ,I s MINUTES OF THE ORONO COUNCIL MEETING OF APRIL 24, 1989 LICENSES CONTINUED Thomas Anderson 3550 North Shore Drive Motion, Ayes =4, Goetten, Nay, Motion passed. BILLS* It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to approve payment of the All Funds Accounts. Motion, Ayes =5, Nays =O, Motion passed. ADJOURNMENT 9:40 P.M. It was moved by Councilmember Nettles, seconded by Mayor Grabek, to adjourn the Regular Council Meeting at 9:40 p.m. Motion, Ayes =5, Nays =O, Motion passed. • is 19 JaIr R. Grabek, Mayor