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HomeMy WebLinkAbout01-22-1990 Council MinutesE. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 22, 1990 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Acting Mayor Callahan, Councilmembers Nettles, Peterson and Goetten, Mayor Grabek was absent. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Attorney Barrett, City Engineer Cook, and City Recorder Scheffler. CONSENT AGENDA* Councilmember Peterson requested that items #4, #5, #16, #21, and #25 be removed from the Consent Agenda. Councilmember Goetten asked to have Consent item #24 removed. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Consent Agenda, with the exception of item numbers 4, 5, 16, 21, 24, and 25, which were removed and discussed in the order in which the appear on the agenda. Motion, Ayes -4, Nays -0, Motion passed. is APPPROVAL OF MINUTES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the January 8, 1990 Regular Council Meeting. Motion, Ayes -4, Nays -0, Motion passed. LAKE MINNETONKA CONSERVATION DISTRICT REPORT: City Administrator Bernhardson informed the Council that JoEllen Hurr was unable to be present this evening, but would attend the February 12th Council Meeting to present the Comprehensive Plan Drafts. Bernhardson said that he was presenting the LMCD Funding Plan Draft this evening for the Council to review. Bernhardson said that the December 2, 1989 IVCD meeting regarding the comprehensive plan was televised on cable. Councilmember Goetten suggested obtaining a copy of the tape so that it can be viewed by other Councilmembers. Bernhardson said that he would attempt to get a copy of the tape. This being an informational item, there was no motion. PUBLIC COMMENTS There were no comments from the public, however, Bernhardson referred the Council to a letter that had been received from Mr. Dan Parten regarding public /private roads. • . . -t MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 22, 1990 ZONING ADMINISTRATOR'S REPORT: #1452 WALTER PEMBERTON 1720 SHADYWOOD ROAD VARIANCE Councilmember Peterson said that her concerns applied to zoning applications #1452 and #1468. Peterson stated that in the past, the Council has denied applications and the applicants have come back and requested that their matter be tabled. Peterson questioned the need to reword the existing ordinance pertaining to Council denial. She said that the Pillsburys and Pembertons were given the opportunity to have their applications tabled, but indicated that they preferred to have the Council vote. Peterson asked why, after the Council voted to deny these applications, denial resolutions were not presented at this meeting. Bernhardson said that past practice has been to have the Council give conceptual denial, directing staff to bring back a denial resolution at the following meeting. This practice allows staff and the City Attorney to prepare a resolution setting forth the reasons for denial. Bernhardson said that the denial goes into effect once the resolution is voted upon and accepted rather than at the conceptual stage. Bernhardson suggested that the past policy be revised if that is what the Council desires. Peterson said that the ordinance should be changed so that is the ordinance and actions of the staff and Council are consistent. Bernhardson said that he would review the ordinance and possible revisions and report his findings to the Council. Peterson said that she had assumed that these applications were over and done and were coming back for the execution of the denial resolutions. Councilmember Goetten concurred with Peterson. She added that she had no objection to tabling these applications, provided that the applicants come back with a proposal that could be approved. Councilmember Peterson questioned whether it was necessary for the Pillsburys and Pembertons to go back through the Planning Commission procedure? Bernhardson said if the Planning Commission had recommended denial, he would suggest that. However, in this case, the applicants would probably be coming back with a reduction from what the Planning Commission had recommended to approve. Mrs. Pemberton was present and said she did not recall being given an option one way or the other. • Councilmember Goetten recollected that she had offered the option of tabling to the Pillsburys and believed that she had 1) ( ' 1 4 MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 22, 1990 • ZONING #1452- PEMBERTON CONTINUED done the same for the Pembertons. Goetten informed Mrs. Pemberton that she had no objections to tabling the application, she was concerned about the inconsistency with the City's ordinance. It was moved by Councilmember Nettles, seconded by Acting Mayor Callahan, to table application #1452. Motion, Ayes -3, Peterson, Nay, Motion passed. #1468 GEORGE PILLSBURY 1300 BRACRETTS POINT ROAD VARIANCES /CONDITIONAL USE PERMIT It was moved by Councilmember Nettles, seconded by Acting Mayor Callahan, to table application #1468. Motion, Ayes -3, Peterson, Nay, Motion passed. #1469 CITY OF ORONO INTERSECTION OF NORTH ARM LANE AND COUNTY ROAD 151 CONDITIONAL USE PERMIT Councilmember Goetten asked where the siren was originally proposed to be located? Bernhardson replied that the original location was on • Windjammer Lane. Mabusth added that there had been objection to that location expressed by the adjacent property owners. Councilmember Peterson questioned what the cost of the siren will be? Public Works Director Gerhardson replied that it would be necessary to take bids for the siren. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the conditional use permit for the City of Orono to place a civil defense siren in the right -of- way at the intersection of North Arm Drive and County Road 151. Motion, Ayes -4, Nays -0, Motion passed. #1479 DOUG WILLIAMS /LECY CONSTRUCTION 1020 TONRAWA ROAD VARIANCE RESOLUTION #2750 City Administrator Bernhardson provided a brief summary of this appilcation for a lot width variance. Mr. Williams and Mr. Stielow were present for this matter and had no comments. • It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2750, approving the lot width variance for Doug Williams /Lecy Construction. Motion, Ayes -4, Nays -0, Motion passed. 3 MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 22, 1990 #1484 ROXANNE STASIR • 4470 FOREST LAKE LANDING VARIANCE RESOLUTION #2751 City Administrator Bernhardson informed the Council and Acting Mayor Callahan of the purpose for this request for an average lakeshore setback and hardcover variances. Mabusth noted that as long as the structure meets the required street setback, it will not meet the average lakeshore setback. Ms. Stasik was present for this matter and indicated that she had no comments. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2751, approving the average lakeshore setback and hardcover variances for Roxanne Stasik. Motion, Ayes -4, Nays -0, Motion passed. ZONING ORDINANCE AMENDMENT 78, 2ND SERIES HIGHWAY 12 SPECIAL REQUIREMENTS City Administrator Bernhardson explained that it was staff's recommendation that the Ordinance for Sanitary Sewer Availability of the Highway 12 Corridor Study Area be amended to include municipal water availability. Bernhardson said that staff would • like to add the words "or system capacity" to the amendment being presented this evening. Callahan questioned whether there is a need to inform the public of this amendment? . City Attorney Barrett replied that it would be necessary to publish the amendment revisions. It was moved by Acting Mayor Callahan, seconded by Councilmember Nettles, to adopt Ordinance #78, 2nd Series as amended. Motion, Ayes -4, Nays -0, Motion passed. ENGINEER'S REPORT: SEWER INTERCEPTOR FEASIBILITY STUDY City Administrator Bernhardson said that this is a request to undertake a feasibility study for an alternate route for the sewer trunk to serve the Highway 12 area. Bernhardson said that if the feasibilty study is approved, and the alternate route is determined, it will be necessary to amend the Comprehensive Plan. Councilmember Goetten said she disliked feasibility studies because of the costs involved with them. She questioned whether, as in the past, the cost of the study would be incorporated in the cost of the project? • Bernhardson replied that the cost would be included in the project. 4 '4W, MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 22, 1990 • SEWER INTERCEPTOR FEASIBILITY STUDY CONTINUED Acting Mayor Callahan said that the study could prove advantageous in that it would eliminate the need to have a parallel route. It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, to authorize the undertaking of a feasibility study at a cost of no more than $6,000.00. Motion, Ayes -4, Nays -0, Motion passed. MAYOR /COUNCIL REPORT: Acting Mayor Callahan said that he had attended the Planning Commission meetings at which the Parten and McDowell applications were discussed. He said that they were being presented in a "piecemeal" fashion. Callahan said that the piecemeal approach to planning the roads and driveways in that area is a bad one. He suggested that before either of those applications are approved that there be an overall picture of where the roads, driveways, etc. are going to go. Mabusth said that staff hopes to have a comprehensive review to the Council by the February 12th meeting when the Parten and McDowell subdivision applications are scheduled. Goetten concurred with Callahan and said that the • public /private road issue has been a concern of hers for a long time. Goetten said that the Council cannot continue approving subdivisions without having an overall picture of this issue. Goetten and Callahan suggested scheduling a special meeting to discuss this issue. There was no more discussion regarding this issue. Counci lmember Goetten referred to a recent article in the Star Tribune regarding overtime pay for police officers working with police dogs during off duty hours. Goetten said that when the issue of an Orono Police Canine Unit was discussed she had asked to have all aspects of such a program presented. City Administrator Bernhardson said that at the time the canine unit was presented, to the best of his knowledge all costs were identified. Bernhardson said that it was a recent decision by the Federal Government to treat the time spent with the dog at home as overtime. Bernhardson said that he and Chief Ri lbo are working on a proposal to see if there is a way to keep the cost of the program within the amount initially indicated. There was no further discussion regarding this topic. • Acting Mayor Callahan commented in regard to the proposed indoor golf dome being proposed for the City of Long Lake. Coucilmember Goetten asked whether there was anything that the City of Orono could do? 5 1' MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 22, 1990 MAYOR /COUNCIL REPORT CONTINUED • Bernhardson replied that he did not believe that Orono can do anything. He added that the zoning code for Long Lake apparently allows, or is being revised to allow, such a structure. Bernhardson said that Orono can always express its opinion to Long Lake regarding the structure. Callahan noted that the properties located in Orono that will be in close proximity to the dome, can express their concerns. Bernhardson said that Washington Scientific Industries has written a letter expressing their concern. CITY ADMINISTRATOR'S REPORT: NAVARRE AREA City Administrator Bernhardson presented information outlining the various issues involved with Navarre redevelopment. Bernhardson said that tentatively he is looking to schedule a public meeting for the first Council meeting in March. Bernhardson said that he would like to have the Council indicate their opinions regarding the idea of master planning. Councilmember Goetten said that she would like to see a comprehensive plan amendment, but questioned the cost involved. • Bernhardson said that he will determine the costs before the Council makes a decision in that regard. Goetten felt that the previous meetings that have been held regarding this subject have been well attended by residents but not business owners. Goetten opined that a master plan would provide any new business owners with guidelines and the process of redevelopment could begin slowly. Callahan concurred with Goetten. Councilmember Peterson asked Public Works Director Gerhardson if the plans of the City would incorporate into the Chamber of Commerce beautification scheme for that area. Staff indicated that it would. CITY FACILITIES It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to table this item until the February 12, 1990 Council Meeting. NEW STATE WELL DRILLLING REGULATIONS City Administrator Bernhardson explained the dilemma regarding the recent State Legislation giving the State sole jurisdiction over all aspects of well permitting /regulating. • Bernhardson informed the Council that a request to amend this policy has been included in the 1990 Legislative Policy to try to get jurisdiction back to municipal level. Bernhardson said that 2 MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 22, 1990 • DRILLING REGULATIONS CONTINUED a primary concern of this new policy is the potential for a well to be located in a protected lakeshore or drainfield area. Bernhardson said that he has been working with the City Attorney on this and they have discussed the possibility of issuing a well location permit. He said that such a permit would allow the City to govern the location of a well, while allowing the State to regulate the drilling of wells. Acting Mayor Callahan asked about the extent of the City's procedure prior to this change? Gaffron replied that in general, Orono had more of a program than most local governments within the State. Orono did a location inspection for every well to be drilled, issued a permit, performed a depth check and pumping capacity test. He said that this apparently was more than most cities did. The reason the legislation came about was a Health Department concern that there needed to be one authority having overall jurisdiction of wells drilled in Minnesota. Gaffron said that the Building and Zoning Department feels that, at least for Orono, what the State is proposing will not be as functional as what is currently in place. • Rosemary Scheuer of the "Laker" Newpaper asked how this change would directly impact the individual resident? Gaffron replied that the cost of a permit would be increased. The permit will be called a "Notification" and the property owner and well driller have to sign a form and send $50.00 to the State to obtain one. Gaffron said that with no direct City review of well locations there is a greater possibility that wells may be located where they could render a lot unbuildable from a septic system standpoint. Gaffron explained his recent attempts to use the new State system to verify that proper State notification had been sent for a well being drilled in Orono. He said he was asked if he had the "unique well number ". Gaffron informed them that he had no such number and was then asked for the name of the property owner. Gaffron said that he did not have the property owner's name off hand, and wondered what kind of a system the State had if they could not provide information based on the address or legal description of the location of the well. Counci lmember Nettles asked Gaffron what course of action Orono could have taken had it been determined that the well was drilled without regard for required setbacks? Gaffron said that as long as the violation involves setbacks or other Zoning Ordinance requirements, the City could enforce • that. However, if the City should find a violation involving construction of the well itself, it would be reported to the State. 7 MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 22, 1990 DRILLING REGULATIONS CONTINUED • Councilmember Goetten commented that it could be very costly for a homeowner if a mistake is made. She suggested placing a notice in the paper, or using some other method, to alert residents of this change and what the consequences could be. Gaffron said that another change of which property owners should be aware is that any disconnected, unused wells will be required to be abandoned. It will also be necessary for sellers to notify the State of abandoned wells when a property is sold. Gaffron further noted that there will be a $50.00 /year State charge for a homeowner to maintain an unsealed well on their property. Bernhardson said that the basis for this new legislation is protection of the aquifer. Nettles said that there is going to be a part of our process and land use controls that will not be met at all. Nettles said that the State is not going to fill the gap. He suggested that Orono should be a little bit gutsy" and tell the State that until they have a program in place that will satisfy our land use controls that we consider this an area of concurrent jurisdiction. He said to tell them we intend to keep on with our permit process because the consequences of not continuing is that homeowners will have misplaced wells and more harm than good will • be done. Callahan also suggested that the City continue as if it were able to issue permits so at least we will know the locations for new wells. Bernhardson said that Gaffron has contacted many of the well drilling companies and asked them to voluntarily notify us. Gaffron noted that he knows of several companies that more than likely will not comply. Callahan said that the City will be aware of the wells that are drilled as part of new subdivisions. He suggested that the City pursue the aspect of what else it can legally do to protect the City and individual property owners. HIGHWAY 12 FRONTAGE ROADS Bernhardson said that three general areas had been proposed in the Highway 12 Comprehensive Plan. Bernhardson advised that should the Highway 12 1992 safety improvements proceed, MNDOT has indicated an interest to help fund a portion of the frontage roads. Bernhardson said there is still a need to discuss locations with property owners in that area, but he wanted to take the estimates to MNDOT to begin working on the necessary agreements. Bernhardson said that he should know in a couple of . months whether or not the safety improvement project will proceed. 8 MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 22, 1990 • HIGHWAY 12 FRONTAGE ROADS CONTINUED Councilmember Goetten asked if there was a chance that the project would not proceed? Bernhardson said that he was fairly sure it would proceed, but there were pre- requisites MNDOT had to meet. Acting Mayor Callahan asked the Council if they had any objections to Bernhardson's proposal. The Council indicated that they had no objections. This being an informational item, there was no motion. CITY RECORDER City Administrator Bernhardson explained the proposal being presented for the City Recorder position. Councilmember Goetten believed that it would be beneficial to continue with an experienced recorder. She questioned whether the City would hire a part -time person? Bernhardson said that he was hoping for a full -time replacement due to a shortage in clerical staff. • Acting Mayor Callahan said that he regretfully accepted the resignation of the present recorder. It was moved by Acting Mayor Callahan, seconded by Councilmember Goetten, to accept the resignation of Laurie Scheffler and to undertake contracting with Laurie to serve as City Recorder as outlined, and additionally authorize staff to seek employment for the full time secretarial position who would also serve as the back up for the City Recorder position. Motion, Ayes -4, Nays -0, Motion passed. CITY LOGO Councilmember Goetten asked from where the funding would come for mailing information regarding the City Logo Contest to Orono residents. Bernhardson replied that at the time he prepared this memo, he was hopeful that a mailing would be going out. He said that will not be the case and suggested placing a notice in the paper. Councilmember Peterson indicated that she would like to be a contest judge. Councilmember Goetten said that she too would like to volunteer to be a contest judge. • It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the information being presented and that the judges panel be comprised of Councilmember Goetten, Councilmember Peterson, one staff person, one Park Commissioner, G MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 22, 1990 CITY LOGO CONTINUED and one Planning Commissioner. Motion, Ayes -4, Nays -0, Motion passed. HIGHWAY 12 CORRIDOR SELECTION STUDY* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the information and table the discussion until the February 12, 1990 meeting. Motion, Ayes -4, Nays -0, Motion passed. STUBBS BAY SEWER MEETING* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the information indicating any further policy discussions that they may have. Motion, Ayes -4, Nays -0, Motion passed. 1990 LEGISLATIVE POLICIES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt its legislative policies for 1990. Motion, Ayes -4, Nays -0, Motion passed. SENIOR CITIZEN DEFERMENT- REAPPLICATION FROM 80 -1 PROJECT RESOLUTION #2752 AND #2753* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2752 and #2753 establishing deferrals for those named within each of the resolutions. Motion, Ayes -4, Nays -0, Motion passed. EMPLOYMENT FULL TIME AND PART TIME POLICE OFFICERS Councilmember Peterson asked if there was another applicant that had gone through the initial testing process that would be next in line for the part -time position. She referred to Kilbo's memo which indicated that he would begin re- testing to fill the position. Bernhardson replied that there was not another qualified applicant in the tested group so they would now be testing specifically for a part -time officer. Peterson asked how long the process would take to complete. Bernhardson said that he should have the list of qualified applicants by Thursday or Friday. It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to approve the hiring of Jeffrey Lee Larson subject to the necessary background and testing. Peterson asked whether there was a back -up applicant for the full time position should Mr. Larson not meet the final requirements? Bernhardson said that the applicant that declined the part -time position would be next in line for the full time position. Motion, Ayes -4, Nays -0, Motion passed. 10 is Is MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 22, 1990 • SEASONAL WEIGHT LIMITS RESOLUTION #2754* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2754, establishing the 1990 Weight Limits for City streets from March 15 through May 15, 1990. Motion, Ayes -4, Nays -0, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: Section 125, Highway 12 Well /Water Service Progress, 1972 Shadywood Road, Recycling Program Publicity, R -9 Name Contest, and Financial Health Profile. Motion, Ayes -4, Nays -0, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett had no report. LICENSES Councilmember Goetten expressed her concern about juveniles obtaining cigarettes. She suggested that Orono refrain from licensing organizations to sell cigarettes from vending machines and perhaps over - the - counter as well. City Administrator Bernhardson said that 5 of the licenses • being presented this evening involve cigarette vending machines. The other 6 sell cigarettes over - the - counter. Bernhardson said that there has been emphasis on eliminating the sale of cigarettes from vending machines. He provided the Coucil and Acting Mayor Callahan with copies of ordinances from the City of Shoreview and White Bear Lake. Bernhardson suggested that the Council could approve both the over - the - counter and vending machine cigarette licenses, or allow the vending machine and over - the - counter licenses to exist for only 3 months to provide time to look at revising the ordinance. Another option would be to act to incorporate a prohibition of vending machines. Acting Mayor Callahan questioned whether the Council could ban cigarette vending machines without amending the ordinance? Bernhardson replied that the ordinance would have to be amended, but that the Council could do that this evening. Councilmember Goetten said that she would like to start somewhere. Bernhardson noted that presently there was nothing to differentiate between a vending machine cigarette license or an over - the - counter cigarette license. Bernhardson said that they could be divided into two separate categories. Councilmember Nettles indicated that he would be in favor of eliminating the sale of cigarettes from vending machines. Nettles said that the question is whether the Council should provide notice of their intention to do that. 081 I , . y MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 22, 1990 LICENSES CONTINUED • Acting Mayor Callahan indicated that it would not seem right to just deny the licenses this evening without any notice to the applicants. Bernhardson requested that the Council make an ordinance amendment to say that vending machine licenses will be issued for a 3 month period. It was moved by Acting Mayor Callahan, seconded by Councilmember Nettles, to amend Ordinance #5.24 to state that cigarette licenses will be valid for only a 90 day period. Further, that staff is directed to prepare an ordinance permitting the prohibition of licensing of cigarette vending machines. Staff is to bring that resolution before the Council prior to expiration of the 90 day period. Motion, Ayes -4, Nays - 0, Motion passed. BILLS Councilmember Peterson questioned some of the vendors-to whom checks were issued. City Administrator Bernhardson explained that the unidentified vendors resulted from a computer error. It was moved by Councilmember Peterson, seconded by Acting • Mayor Callahan, to approve payment of the All Funds Accounts. Motion, Ayes -4, Nays -0, Motion passed. ADJOURNMENT 8:20 P.M. It was moved by Councilmember Nettles, seconded by Acting Mayor Callahan to adjourn the Regular Council Meeting at 8:20 p.m. Motion, Ayes -4, Nays -0, Motion passed. 12 Edward J. Ca ahan Acting Mayo •