HomeMy WebLinkAbout08-28-1989 Council Minutes1k
• MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD AUGUST 28, 1989
ATTENDANCE 7:00 P.M.
The Council met on the above date with the following members
present: Mayor Grabek, Councilmembers Nettles and Goetten.
Councilmembers Callahan and Peterson were absent. The following
represented the City staff: City Administrator Bernhardson,
Building & Zoning Administrator Mabusth, Public Works Director
Gerhardson, City Attorney Representative Whitney and City
Recorder Scheff ler.
WOODHILL AVENUE
RESOLUTION #2682
PUBLIC HEARING 7:00 P.M. TO 7:05 P.M.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
City Administrator Bernhardson provided a brief explanation
of the purpose of the $1660.47 assessment for the 3 abutting
property owners. Bernhardson clarified that prepayment of all
of the assessment could be made, equal installment payments could
be made, or, after several payments, the remaining balance could
S be entirely paid. It would not be acceptable for random payments
to be paid.
There were no comments from the public and the public
hearing was closed.
It was moved by Cou�ngilmember Nettles, seconded by
Councilmember Goetten, to adopt Resolution #2682. Motion,
Ayes =3, Nays =O, Motion passed.
COUNTY ROAD 15 LIGHTING IMPROVEMENT
RESOLUTION #2683
PUBLIC HEARING 7:05 P.M. TO 7:10 P.M.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
City Administrator Bernhardson explained that this
assessment was for the street lighting installed as part of the
upgrade of County Road 15. The estimated cost of the entire
project -'is $535,000. How.o�ver, the City is assessing only the
cost of street lighting, $118,P40.94. The assessment will be
approximately $400.00/100' resi ential section and $1200.00/100'
for the commercial section.
Mayor Grabek referenced, for the record, a letter he
received from Mr. Ward E. Edwards expressing his opposition to
• the proposed assessment.
Ms. Sandy Rauschendorfer, 3895 Shoreline Drive, said that
she had her property appraised a month ago and their appraised
value was $4,000 lower than it had been prior to the County Road
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MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989
COUNTY ROAD 15 LIGHTING CONTINUED
15 project. She said that it was unfair that the property owners
were paying for even part of the assessment when it is not
benefiting them.
Ms. Liza Crear, owner of property at 3701 Shoreline Drive,
said that she did not understand why commercial properties were
paying for the street lighting. Mayor Grabek responded by saying
that the City viewed this upgrade as an improvement that would
benefit both the residential and commercial properties along
County Road 15.
There were no further comments from the public and the
public hearing was closed.
It was moved by Mayor Grabek, seconded Councilmember
Nettles, to adopt Resolution #2683 as the assessment for the
County Road 15 Lighting project. Motion, Ayes =3, Nays =O, Motion
passed.
CONSENT AGENDA*
Councilmember Nettles requested the removal of item #4 from
the Consent Agenda; Councilmember Goetten requested that item #31
be removed for discussion.
• It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to approve the consent agenda, with the exception of
items #4 and #31, which were removed and discussed in the
numerical sequence in which they appear on the agenda. Motion,
Ayes =3, Nays =O, Motion passed.
APPROVAL OF MINUTES*
Councilmember Nettles noted that the Minutes of the August
14, 1989 Council Meeting did not reflect that he was absent from
the August 14, 1989 Council Meeting.
It was moved by Mayor Grabek, seconded by Councilmember
Nettles, to approve the Minutes of the August 14, 1989 Regular
Council Meeting, as amended. Motion, Ayes =3, Nays =O, Motion
passed.
PLANNING COMMISSION COMMENTS
Planning Commission Representative, Edward Brown, was not
present at this time, but did arrive later.
PUBLIC COMMENTS
There were no comments from the Public.
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MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989
ZONING ADMINISTRATOR'S REPORT: •
#1405 THOMAS COLWELL
2640 NORTH SHORE DRIVE
FINAL SUBDIVISION
RESOLUTION #2684*
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to adopt Resolution #2684, approving the final plat for
the Colwell Addition. Motion, Ayes =3, Nays =O, Motion passed.
#1326 WAYZATA COUNTRY CLUB /RON LAUER
NORTH FERNDALE ROAD
FINAL SUBDIVISION
RESOLUTION #2685*
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to adopt Resolution #2685, approving the plat of Hauser
Lauer WCC Addition for Leopold Hauser, Ronald Lauer and Wayzata
Country Club, on North Ferndale Road. Motion, Ayes =3, Nays =O,
Motion passed.
#1407 LEOPOLD HAUSER
475 FERNDALE ROAD NORTH
FINAL SUBDIVISION
RESOLUTION #2685*
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to adopt Resolution #2685, approving the plat of Hauser •
Lauer WCC Addition for Leopold Hauser, Ronald Lauer and Wayzata
Country Club, on North Ferndale Road. Motion, Ayes =3, Nays =O,
Motion passed.
#1417 NSP SUBSTATION
3960 SIXTH AVENUE NORTH
CONDITIONAL USE PERMIT
RESOLUTION #2686
City Administrator Bernhardson explained that this was a
request for a conditional use permit for construction of an
electric substation near Highway 12 and County Road 6.
Representatives from NSP met with the neighboring property owners
and the satisfactory solution to their concerns is now being
proposed.
Building and Zoning Administrator Mabusth noted that none of
the neighbors who had expressed concern about this project were
present for this meeting.
Mr. David Fisher confirmed that the neighbors totally
accepted NSP's proposal. He added that the plans had changed
quite a bit as a result of the neighbors' input. He said that
the location of the substation had been revised so that there
would be no tree removal; NSP intended to plant approximately 80
trees.
•
Mabusth said that NSP's proposal would not require the
erection of any additional electric poles, but additional lines
would be added to existing poles.
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MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989
• ZONING FILE #1417 NSP SUBSTATION CONTINUED
Councilmember Goetten questioned whether Hennepin County
would need to approve the revised access? Mabusth replied that
County approval was a condition of the resolution. Goetten also
asked for clarification as to whether or not a front /rear setback
variance would be necessary? Mr. Fisher said that the fencing
was being located so that a variance would not be necessary.
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to adopt Resolution #2686, approving the
Conditional Use Permit for Northern States Power Company.
Motion, Ayes =3, Nays =O, Motion passed.
#1425 WARD FERRELL
3405 WATERTOWN ROAD
VARIANCE /SUBDIVISION
RESOLUTION #2687*
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to adopt Resolution #2687, granting a lot area variance
to Ward and Mary Ferrell at 3405 Watertown Road, to create one
new building site. Motion, Ayes =3, Nays =O, Motion passed.
#1429 RALPH BURGESS
2610 WEST LAFAYETTE ROAD
VARIANCE /CONDITIONAL USE PERMIT
• Mr. and Mrs. Burgess were present for this matter, as was
Mr. Larry Berg, their Attorney.
City Administrator Bernhardson briefly explained that the
Burgess's were proposing to replace their existing home with a
"walk -out" style home. In order to create the walk -out,
substantial removal of the soils in the 0-751 zone will be
required. Bernhardson questioned whether the concrete pavers
proposed were included in the hardcover calculations?
Mr. Burgess replied that the pavers are not included in the
hardcover calculations. Mr. Burgess noted that hardcover is
being reduced by approximately 1500 s.f. and that inclusion of
the pavers would leave the hardcover at the present percentage.
Mr. Burgess said that rebuilding the house as he is proposing
would reduce the amount of runoff directly into Lake Minnetonka.
Mr. Burgess said there is an existing garage on the property
which would be rebuilt.
Mayor Grabek asked Mr. Burgess if his architecht was aware
of the City's policy regarding excavation within 75' of the Lake?
Mr. Burgess said that he was familiar with the City's policies.
He said that he was dissatisfied with the Planning Commission's
explanation of the reasons why the City's policy disallowed any
alteration of the shoreline. Mr. Burgess said that in his
•opinion his property rights were being denied. He said that he
and Mr. Berg had researched the development of the present
wording of the City's ordinances pertaining to the maintenance of
the shoreline. Mr. Burgess said that he determined that there
were two reasons that prompted the current ordinance, one being
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MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989
ZONING FILE #1429- BURGESS CONTINUED •
aesthetics, the other was environmental impact.
Mr. Burgess showed the Council and Mayor Grabek a model of
the proposed home. He said that the house was designed and would
be located in such a way that runoff would be directed toward a
settling pond. He also showed that by moving the house back, it
would no longer encroach into the average lakeshore setback.
Mr. Burgess explained that he had a great interest in the
preservation of Lake Minnetonka and had formed and been involved
in the Lake Minnetonka Association. He hoped that this
information would give him credibility regarding his intent to
build his home without negatively impacting the Lake. Mr.
Burgess said that, in his opinion, his proposal would improve the
Lake. He said that he was amazed that lakeshore residents did
not do more retention ponding to allow sediments to settle before
runoff enters the lake. Mr. Burgess said that his proposal would
be an environmental improvement because it would increase the
distance runoff would travel before entering the Lake. He also
said that he was replacing the hardcover within 0 -75' of the Lake
with sod. He said that he did not understand why he was being
denied when in fact he was improving the environment.
Mayor Grabek explained to Mr. Burgess that the assumptions
he made regarding the intent of the City's Code may or may not be •
accurate. Mayor Grabek said that in his opinion the City cannot
allow excavating along the shoreline, because even though Mr.
Burgess's proposal may be aesthetically pleasing, another
applicant's proposal to do the same excavation may not have the
same results.
Mr. Burgess questioned why the City could not hire
consultants to review each application on a case by case basis,
or why the Planning Commission could not be better informed of
the City's Codes. Mayor Grabek responded that the City Council
treated the citizens equally and that it would be difficult to
allow one application for a walk -out and deny another. He said
that the City's Codes and guidelines were very evident in that
they disallow any excavation of the shoreline.
Mr. Burgess referred to the issue of aesthetics and said
that the existing house was a two -story home located on the
highest elevation of his property. If given a choice, he
believed that the Council and Mayor Grabek would choose the house
he was proposing because it was more in conformity with the
neighboring properties and aesthetically pleasing.
Mayor Grabek reiterated that it was the City's intent to
protect the shoreline by disallowing any excavation within 0 -75'
of the lake.
Councilmember Goetten reminded Mr. Burgess that he was is
before the Council because he required a variance. She asked Mr.
Burgess what hardship he had for a walk -out? Mr. Burgess said
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MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989
• ZONING FILE #1429- BURGESS CONTINUED
that he had submitted a letter spelling out his hardships.
City Administrator Bernhardson said that the people
responsible for drafting the ordinances in 1960/1970 chose not to
have these matters addressed on a case -by -case basis. They chose
to state that no excavation could occur within 0 -75' of Lake
Minnetonka unless a hardship is demonstrated. Councilmember
Goetten interjected that Mr. Brad VanNest was one of the persons
responsible for the development of the City Ordinances pertaining
to the lakeshore.
Mr. Burgess said that significant portions of the bank had
fallen into the Lake and unless something was done, more bank
would be washed away. Councilmember Goetten said that the City
staff would be willing to work with Mr. Burgess in that regard,
but that the erosion and walk -out were two separate issues.
Mayor Grabek stated that erosion of the bank was not a hardship
to warrant a walk -out.
Councilmember Goetten asked Mr. Burgess if he had met with
the City staff to discuss restoration of his bank? Mr. Burgess
stated that he had met with Mr. Gaf f ron and Mr. Cook. He said
that Mr. Cook had recommended that fabric be installed and a
beneficial amount of sloping be done. Mr. Burgess said that Mr.
• Cook indicated that the City preferred to have vegetation rather
than retaining wall. Mr. Burgess said that he would have no
problem implementing those recommendations.
Mr. Berg said that he had taken the time to go back and
track Orono's ordinances as they changed. He said the
prohibitions about disturbing the Lake had always existed. The
difference came when Orono required a permit to disturb the
lakeshore and proof that such disturbance would meet the goals of
the Community for preserving the lakeshore. Mr. Berg said that
in 1975, Orono decided to stop reviewing the aspects of the
permits, but rather chose to deny them as a whole. Mr. Berg said
that in examining the precedent aspect of denying this type of an
application, that he could distinguish Mr. Burgess's proposal
from others. He said that Mr. Burgess's proposal also addresses
all of the engineering concerns. Mr. Berg noted that the
existing house encroaches 35' into the 0 -75' setback zone. The
proposed residence would allow hardcover to be totally eliminated
in that area and remain the same in the 75 -250' zone. He said
that the walk -out was an additional benefit.
Mr. Berg asked to have the 6 reasons supporting denial of
this application included in the record (see MPG memo 7/13/89).
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to deny application #1429. Councilmember Goetten said
• that she would like to give Mr. Burgess the opportunity to revise
his proposal and go back before the Planning Commission.
Councilmember Nettles reiterated Councilmember Goetten's comments
regardin4 the City's consistency in denying applications
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MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989
ZONING FILE #1429 - BURGESS CONTINUED •
involving any excavation of the lakeshore with the policy being
that the natural terrain was best. Nettles said that he
interpreted the City's ordinances to say just that. Nettles said
that Mr. Burgess's proposal went far beyond what was required to
restore the lakeshore. City Administrator Bernhardson suggested
that conceptual denial be given so that a resolution could be
drafted and brought forth at the September 11, 1989 Meeting.
Goetten assured Mr. Burgess that the Council does look upon each
application individually. Mayor Grabek amended his motion to
indicate that conceptual denial be given and that a resolution of
denial be brought back to the September 11, 1989 Council Meeting,
Councilmember Goetten seconded. Motion, Ayes =3, Nays =O, Motion
passed.
#1433 LOREN BUTTERFIELD
3925 WATERTOWN ROAD
CONDITIONAL USE PERMIT
RESOLUTION #2688
Mr. Loren Butterfield was present for this matter.
City Administrator Bernhardson briefly explained that Mr.
Butterfield was applying for a conditional use permit for the
removal of peat. The Planning Commission had recommended
approval of this application subject to removal not exceeding 300
cubic yards per year. •
It was moved by Mayor Grabek, seconded by Councilmember
Nettles, to adopt Resolution #2688, approving the Conditional Use
Permit for peat removal for Mr. Loren Butterfield. Motion,
Ayes =3, Nays =O, Motion passed.
#1435 JOHN NAFUS
2580 DUNWOODY AVENUE
VARIANCE
RESOLUTION 2689
Mr. and Mrs. Nafus were present for this matter.
City Administrator Bernhardson informed the Council and
Mayor Grabek that the applicants wished to construct a 341x 24'
storage addition.
It was moved by Councilmember Goetten, seconded by Mayor
Grabek, to adopt Resolution #2689, approving a 1' sideyard
setback variance for the construction of a storage addition for
John and Gail Nafus. Motion, Ayes =3, Nays =O, Motion passed.
1438 MRS. PHILIP PILLSBURY
1200 BRACRETTS POINT ROAD
VARIANCE
RESOLUTION #2690
Mr. Al Paulson, Mrs. Pillsbury's architect, and Mr. Stephen •
Pflaum, her attorney were present on her behalf.
City Administrator Bernhardson explained that previously,
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MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989
• ZONING FILE #1438 - PILLSBURY CONTINUED
Mrs. Pillsbury had applied to the City for approval to construct
a 6' serpentine wall surrounding limited areas of the property.
The Council at that time had indicated they would only approve a
6' wall on that portion of the property bordering on County Road
15 to the driveway. The applicant chose not to proceed with that
plan and is now requesting approval to construct a 4' wall.
Councilmember Goetten stated that in her opinion, the wall
was most needed.
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to adopt Resolution #2690, approving
construction of 4' sepentine wall for Mrs. Philip Pillsbury, per
staff recommendations. Motion, Ayes =3, Nays =O, Motion passed.
ROAD NAME REQUEST
DENNIS KUMLIN*
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to accept "Gander Road" as the street name for Dennis F.
Kumlin's subdivision. Motion, Ayes =3, Nays =O, Motion passed.
MAYOR'S REPORT:
ORONO CENTENNIAL
• Mayor Grabek said that the Centennial fund needed an
additional $8,000.00. Mayor Grabek showed the design that will
be used for the medallion and will be given as a token of
appreciation for contributions. Mr. Roehl's book has been
submitted to the printer and is expected to be approximately 80
pages with 100 photographs. The book will be leather -bound and
will sell for $14.95. The Centennial Ball will take place on
October 13, 1989, with the "Golden Strings" providing
entertainment. Mayor Grabek said that contributions thus far
total approximately,$9,000.00.
CITY ADMINISTRATOR'S REPORT:
DEBORAH DRIVE
City Administrator Bernhardson said that the residents of
Deborah Drive, a private road, were requsting the installation of
speed bumps to assist with the maintenance of the speed limit.
The residents had submitted a plan to pave Deborah Drive and the
plan included the speed bumps. However, the City Engineer did
not review or approve the speed bumps.
Mr. Thomas Betz, President of the Home Owners' Association,
explained that the homeowners agreed to do the paving with the
understanding that there would be speed bumps. Mr. Betz said
that there were many children in the neighborhood and there has
been several accidents. He said that the homeowners voted 7 to 2
• to approve the blacktop with speed bumps.
Mr. Greg Carlin echoed Mr. Betz's comments that the paving
was conditioned upon the installation of the speed bumps. He
MINUTES OF THE ORONO COUNCIL FETING OF AUGUST 28, 1989
DEBORAH DRIVE CONTINUED •
said that the homeowners paid $34,000.00 to have the road paved.
Mr. Carlin said that the blacktop surface has encouraged
motorists to speed. Mrs. Carlin asked why the City was
recommending denial of the speed bumps?
Public Works Director Gerhardson replied that the City
regulates public and private roads. He said that the problems
the residents are experiencing can be addressed in another
manner. Gerhardson suggested that the City could pass an
ordinance prohibiting heavy trucks from using Deborah Drive.
Mrs. Carlin said that large trucks did not pose as much of a
problem as did speeding vehicles in general.
Gerhardson said that the City has the jurisdiction to
enforce traffic regulations on private roads and would so in this
case.
Bernhardson stated that he had talked with the Police
Department regarding an increase of enforcement for Deborah
Drive. Bernhardson said that the City would prefer to try other
options prior to installing speed bumps. Bernhardson also noted
that speed bumps are not as effective as they are thought to be.
Gerhardson added that drivers eventually figure out that the
speed bumps wi 11 not be f It as much if crossed at higher speeds.
Gerhardson also said that drivers have a tendency to drive around •
them, which creates other hazards.
Mayor Grabek questioned whether the City could provide other
alternatives to minimize speeding on Deborah Drive?
Councilmember Goetten asked what the posted speed limit was
for Deborah Drive.
Public Works Director Gerhardson said that the residents had
decided to post the speed limit at 25 m.p.h. and that the City
may have difficulty enforcing that speed, but it could enforce
others.
Councilmember Goetten agreed that there was a need to do
something to curtail speeds, but felt that it may be best to
explore other options prior to installing speed bumps.
Another resident indicated that school was starting soon and
that there was a need to reach a solution quickly. He added that
there would be a large number of children waiting for busses in
the morning when speeding traffic was the greatest. He said that
the residents of Deborah Drive were responsible for maintaining
and plowing the road.
Councilmember Nettles questioned whether the City could post
a "Local Traffic Only" sign for Deborah Drive and temporarily •
locate police at the ends of the street to keep drivers away?
Public Works Director Gerhardson replied that it would be
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MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989
is DEBORAH DRIVE CONTINUED
difficult to enforce.
Councilmember Nettles commented that he was familiar with an
area where many speed bumps were placed close together. He said
that it was impossible to attain enough speed to "fly" over them.
Mr. Betz suggested that the speed bumps be installed for a
one or two year trial period.
City Administrator Bernhardson said that the City Engineer
was unable to be present this evening, but it would be helpful to
have his comments about the speed bumps.
Mr. Betz said that he had talked with appropriate persons
regarding emergency vehicles accessing the street with the speed
bumps. He was told that as long as the bumps were not excessive
enough to cause a vehicle to break a spring, they would not cause
any problems. Mr. Betz said that they were proposing to install
4 speed bumps and each would be marked with a sign. The
residents would also post signs at each end of the street
indicating that speed bumps were present.
City Administrator Bernhardson indicated that the City would
prefer to use another alternative. He suggested that should the
•Council approve the speed bumps, that the residents be asked to
sign an agreement holding the City harmless from any liability.
Councilmember Goetten said that initially she was prepared
to vote against the speed bumps, but that she now had concerns
about the safety of the children. Goetten said that since
Deborah Drive was a private road and would be maintained by the
residents, it would be difficult to disallow their request.
Councilmember Nettles concurred with Goetten.
It was moved by Councilmember Nettles, seconded by
Councilmember Goetten, to allow for the installation of speed
bumps for Deborah Drive, subject to the residents executing a
Hold Harmless Agreement with the City and that appropriate
signage be posted. Motion, Ayes =3, Nays =O, Motion passed.
1990 STRATEGIC PLANNING
This was an informational item.
L.M.C.D. INTERGOVERNMENTAL RELATIONS
This was an informational item.
NAVARRE RE- DEVELOPMENT MEETING
City Administrator Bernhardson suggested various meeting
• dates. Mayor Grabek indicated that he could not attend a meeting
on November 18. Councilmember Goetten said that she would not be
available for a November 4 meeting and would inform Bernhardson
as soon as possible regarding her availability to attend a
meeting on October 7th.
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MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989
1990 BUDGET MEETING - SET 1990 BUDGET PUBLIC HEARING so
City Administrator Bernhardson informed the Council and
Mayor Grabek that it would be necessary to hold a public hearing
in October.
The Council and Mayor Grabek agreed to tentatively set
October 3, 1989 as a date to meet to discuss the budget.
FEE SCHEDULE - DOUBLE FEE POLICY
ORDINANCE AMENDMENT 73, 2ND SERIES
City Administrator Bernhardson explained that the City's
policy regarding double fees for persons working without a
permit. Prior to the change, the City staff could use their
discretion as to whether or not to require a double fee from
contractor or homeowner. Bernhardson said that subsequent to the
City Council reviewing this matter, it was agreed that there
would no longer be any flexibility and that all offenders would
be required to pay a double fee. The policy change has created
ill feelings by residents who have been charged a double fee for
doing work that they were not aware required a permit.
Bernhardson said that City staff was recommending that the policy
be amended to allow for one violation for building construction
where zoning was not an issue. If a violation occurs involving
residential zoning, a double fee would be charged.
It was moved by Mayor Grabek,
seconded by Councilmember •
Nettles, to adopt Ordinance #73, 2nd
Series, as an amendment to
the Fee Ordinance related to double
feeing in selected cases.
Motion, Ayes =3, Nays =O, Motion passed.
BOND SALE*
It was moved by Mayor Grabek,
seconded by Councilmember
Goetten, to accept the information as
presented. Motion, Ayes =3,
Nays =O, Motion passed.
FEE SCHEDULE - PRD /CUP
ORDINANCE AMENDMENT 74, 2ND SERIES*
It was moved by Mayor Grabek,
seconded by Councilmember
Goetten, to approve Ordinance #74, 2nd series. Motion, Ayes =3,
Nays =O, Motion passed.
PUBLIC /PRIVATE ENFORCEMENT*
It was moved by Mayor Grabek,
seconded by Councilmember
Goetten, to accept the information on the public /private roads.
Motion, Ayes =3, Nays =O, Motion passed.
STUBBS BAY SEWER*
It was moved by Mayor Grabek,
seconded by Councilmember
Goetten, to table further discussion of this item until its
September 25, 1989 meeting. Motion, Ayes =3, Nays =O, Motion
passed.
•
FIREWORKS ORDINANCE*
It was moved by Mayor Grabek,
seconded by Councilmember
Goetten, that the Council accept the
information from staff on
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MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989
FIREWORKS ORDINANCE CONTINUED
this issue. Motion, Ayes =3, Nays =O, Motion passed.
CDBG - SUBRECIPIENT AGREEMENT*
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to approve the Sub - recipient Agreement between Hennepin
County and the City of Orono. Motion, Ayes =3, Nays =O, Motion
passed.
COUNTY ROAD 116 PUBLIC INFORMATION MEETING DATE CHANGE
SEPTEMBER 28, 1989*
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to designate September 25, 1989, 7:00 p.m. to conduct a
Public Hearing regarding County Road 116. Motion, Ayes =3,
Nays =O, Motion passed.
PUBLIC WORKS PROMOTION*
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to authorize the alteration of the position as far as
Public Works Supervisor and that Mr. James Gregory be appointed
to that position. This appointment will become effective as of
August 29, 1989 at $14.174 per hour which is Step 3 of Level 8
with eligibility for a compensation review as of 1 March 1990.
Ayes =3, Nays =O, Motion passed.
• RESIGNATION - BUILDING INSPECTOR*
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to accept the resignation of Thomas Jacobs, Building
Inspector, effective September 8, 1989. Motion, Ayes =3, Nays =O,
Motion passed.
COMPENSATION ADJUSTMENT - MEL KILBO
Councilmember Goetten said that she had expressed her
concerns regarding the Police Department back in April. She said
that she had made some recommendations and asked for some changes
to be implemented by October. She did not feel that this was an
appropriate time for a compensation adjustment, but preferred to
review this when she had the information in October.
City Administrator Bernhardson said that in his opinion
Chief Kilbo continued to perform his job at the acceptable level
established for his position. He said that the concerns
expressed by Councilmember Goetten would be brought forth in
October and would be reflected in the Chief's next review.
Mayor Grabek stated that he did not see any reason to deny
this. Grabek said denial would indicate that the Chief was not
adequately performing his duties and he had no such indication at
this time.
It was moved by Mayor Grabek, seconded by Councilmember
Nettles, to adjust Chief Kilbo's compensation to Step 3 of Level
12 plus 5% in accordance with the pay plan effective July 1,
1989. Councilmember Nettles said that his approval of this
adjustment was not meant to preclude further resolution of the
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MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989
ADJUSTMENT -RILBO CONTINUED
issues that have been brought to the attention of the Council.
Motion, Ayes =2, Goetten, Nay, Motion passed.
ADMINISTRATOR'S INFORMATION*
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to accept the City Administrator's Information
regarding: 530 Stubbs Bay Road; Accident Highway 12 and Willow
Drive; Lift Stations 10 & 43 Construction; Site C Discussion;
Administrator's Vacation. Motion, Ayes =3, Nays =O, Motion passed.
CITY ATTORNEY'S REPORT:
City Attorney Representative Whitney indicated that he had
nothing to report.
LICENSES*
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to approve the following licenses:
Home Occupation: Richard Anderson
3980 North Shore Drive
Cecilia Smoot
2665 Maple Ridge Lane
Motion, Ayes =3, Nays =O, Motion passed.
BILLS*
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to approve payment of the All Funds Accounts. Motion,
Ayes =3, Nays =O, Motion passed.
ADJOURNMENT 9:00 P.M.
It was moved by Councilmember Nettles, seconded by Mayor
Grabek, to adjourn the Regular Council Meeting at 9:00 p.m.
Motion, Ayes =3, Nays =O, Motion passed.
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