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HomeMy WebLinkAbout06-11-1990 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 11, 1990 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, Assistant Planning and Zoning Administrator Gaffron, City Engineer Cook, City Attorney Barrett, and City Recorder Scheffler. CONSENT AGENDA* City Administrator Bernhardson asked to have items #2 and #18, pertaining to the Orono Tennis Team, included on the Consent Agenda for the purpose of tabling. Councilmember Goetten asked that Consent Item #16 be removed for discussion. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the Consent Agenda, with the exception of item #16, which was removed and discussed in the order appearing on the Agenda. It was also moved to include items #2 and #18 on the Consent Agenda and that these items be tabled. Motion, Ayes -5, Nays -0. Motion passed. RECOGNITION - ORONO TENNIS TEAM* it was moved by Councilmember Callahan, seconded by Councilmember Peterson, to table this item. Motion, Ayes -5, Nays -0. Motion passed. NORTHERN STATES POWER COMPANY FRANCHISE ORDINANCE #85, SECOND SERIES Bernhardson referred Council to his memo dated June 6, 1990 regarding staff's response to Councilmember Nettles' request to look into the option of underground installation of lines. He said that the City does have an ordinance requiring underground installation for new subdivisions, with a few exceptions. The ordinance does not address existing lines, or whether the City could require the burial of those lines within a certain amount of time. Bernhardson stated -that it is his understanding that NSP charges for line burial. With regard to the length of the franchise, Bernhardson said that after discussion he and the City Attorney thought that a ten - year term would be more appropriate. He said that NSP has stated that they prefer to accept 20 years. Barrett added that the City does have the legal right under the statutes to grant the franchise. He said that NSP's.policy requires them to charge back the cost of undergrounding line to customers to the extent that it is beyond the ordinary cost of designated service. Barrett stated that he has discussed the 0 - 1 - W I . ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 NSP FRANCHISE AGREEMENT CONTINUED length of the franchise with Mr. Peterson, and they were unable to identify a legal reason why the franchise could not be less than 20 years. Barrett stated Mr. Peterson did inform him that there would be a policy conflict if they were to allow the length of the franchise to be less than 20 years. Mayor Grabek asked Mr. Peterson what policy he is referring to. Mr. Peterson replied that NSP met with the Suburban Rate Authority and they recommended that the length of the franchise be 20 years. Mr. Peterson said that NSP recently discussed the franchise with one of Orono's City Attorney's who recommended that a 20 year franchise be approved. Mr. Peterson said that is what NSP agreed to and as a result, portions of the agreement were revised to coincide with her recommendation. However, we could not change the 20 years length of the franchise. That is a standard agreement that we have with all other cities in our jurisdiction. Mayor Grabek asked Mr. Peterson when the boundary lines were drawn depicting NSP territory from Wright /Hennepin's area. Mr. Peterson said that the first map was prepared in 1954, followed by a map in 1974. He said that NSP has filed a more recent map in the early 1983. • Mayor Grabek asked what the rate difference is between NSP and Wright /Hennepin. Mr. Peterson estimated that NSP' is charging $0.06 /kilowatt hour and Wright /Hennepin is charging $0.08 /kilowatt hour. Mayor Grabek asked the representatives of Wright /Hennepin if that is correct, and if so, why there is such a difference. Grabek noted that he resides within Wright /Hennepin territory and became aware of the higher rates for Wright /Hennepin in comparison to NSP. He said that other citizens have asked him why there is such a difference. One of the Wright /Hennepin representatives replied that they serve mainly rural areas which require a greater amount of line per customer. He said that by using off -peak incentives, the cost of Wright /Hennepin service is competitive with NSP. Mayor Grabek asked if such incentives were available to Orono residents. The Wright /Hennepin representative replied that off -peak power may be purchased by consumers for 3.4(�/kilowatt hour. 2 - • ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 NSP.FRANCHISE AGREEMENT CONTINUED • Mayor Grabek asked Mr. Peterson if NSP had a similar policy. Mr. Peterson said that NSP does have such a program and that he would supply Mayor Grabek with a copy of the rate sheet. Mayor Grabek asked to have Wright /Hennepin supply the same information. He asked the Wright /Hennepin representatives what could be done to either lower the Wright /Hennepin rate to be more in line with NSP or to have the boundaries changed to supply all of Orono with NSP service. He stated that it is unfair to consumers to be forced to use a service that costs more and asked why, if both are public utilities, should one be allowed to be higher than the other. Mr. Peterson explained that Wright /Hennepin is a Government - operated company and NSP is owned by investors. He said if it is desirable to change boundary lines, the changes must be negotiated, with Wright /Hennepin and the Public Utilities Commission. He said that NSP must explain why the changes are necessary and that the citizens could assist with that. Mayor Grabek asked if the 20 -year Franchise would preclude any boundary revisions from occurring prior to the 20 years expiring. • Barrett stated that the Franchise only addresses the agreement for the lines that are servicing Orono. Mayor Grabek believed that something should be done to assure that the citizens of Orono have the most economical service. He directed staff to research the process that must be followed to initiate a boundary change. Nettles questioned whether it may become less costly in the future to bury power lines. Mr. Peterson said that it is very costly to bury overhead lines. He said that it not only costs the individual consumer, but NSP as well. Nettles asked whether individuals could request to have their lines buried at any time, or if the Franchise Agreement would prohibit that from occurring. Mr. Peterson replied that NSP would be happy to work with anyone wishing to have their line buried.. He stated that there is no criteria as to how many residences must request underground line at once. Goetten asked whether it is now possible for individuals to pay the entire cost of line burial at once. She noted that at • _3_ ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 NSP FRANCHISE AGREEMENT CONTINUED one time she was told that payments must be spread out over 20 • years. Mr. Peterson replied that individuals can pay for the entire cost at once if they so choose. It was moved by Councilmember Nettles, seconded by Mayor Grabek, to adopt Franchise Ordinance #85, Second Series, as a Franchise Ordinance with Northern States Power Company for a length of 10 years. Mr. Peterson interjected that NSP cannot accept 10 years. Motion, Ayes -2, Peterson, Goetten, Callahan, Nay. Motion failed. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to adopt Franchise Ordinance #85, Second Series, as a Franchise Ordinance with Northern States Power Company for a length of 20 years. Motion, Ayes -4, Nettles, Nay. Motion passed. WRIGHT /HENNEPIN CO -OP ELECTRIC FRANCHISE ORDINANCE #86, SECOND SERIES The Public Hearing regarding this matter reconvened at 7:36 p.m. Bernhardson noted that there were two changes to the franchise agreement received from Wright /Hennepin. One of the changes reflects the fact that Wright /Hennepin is a Co -op rather • than a private company. The other change is the addition of language pertaining to tree trimming. Wright /Hennepin has asked that they be allowed to use herbicides approved by the EPA to control weed growth. Mayor Grabek asked where specifically the herbicides would be used. A Wright /Hennepin Representative replied that herbicides are used to control broad leaf and brush growing in the right- of-ways. Goetten expressed concern regarding the use of herbicides. The Representative replied that the herbicides are handled with caution and are used to cut costs. There were no comments from the Public regarding this matter and at 7:46 p.m. the Public Hearing was closed. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Franchise Ordinance #86, Second Series, as a Franchise Ordinance with Wright /Hennepin Electric Cooperative for a 20 year term. Motion, Ayes -5, Nays -0. motion - 4 - is ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 WRIGHT /HENNEPIN FRANCHISE AGREEMENT CONTINUED • passed. APPROVAL OF MINUTES* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the information regarding the Council Minutes of the May 29, 1990 Meeting. Motion, Ayes -5, Nays -0, Motion passed. PLANNING COMMISSION COMMENTS: Planning Commission Representative, Charlie Kelley, was present and indicated that he had no comments at this time. PUBLIC COMMENTS: Rosemary Scheuer referred to the Shoreline Beautification Plan that was approved last year and asked whether Orono had plans to install a "Welcome to Orono" sign. She noted that both Mound and Spring Park had designed welcome signs. Mayor Grabek informed Ms. Scheuer that staff would provide her with information at the June 25, 1990 Council meeting. * * * * * * * * * * * * * * * * * * * * * * * ** Mayor Grabek informed staff that he had spoken with Mr. Bill Wear regarding the status of the clean up process along Highway • 12. He said that Mr. Wear had stated that the condition of the access area for his property was such that it is having a negative impact on his business. City Engineer Cook stated that he has asked for information from three landscape companies in relation to the clean up work. He said he has received information from only one of the companies. Mayor Grabek asked Cook if he would expedite the clean up process and send Mr. Wear a letter informing him of a completion date. ZONING ADMINISTRATOR'S REPORT: #1502 MICHAEL HILBELINK 2180 PROSPECT AVENUE VARIANCE Mr. Hilbelink, Mr. and Mrs. Jentilucci and Mr. Neil Heikkila, Attorney for Jentilucci's, were present. Bernhardson reviewed the information regarding this application (see Jeanne Mabusth's memo dated May 2, 1990). Mr. Heikkila stated that his clients do not feel that it is necessary to grant a variance for this particular house design. • _5_ ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 ZONING FILE #1502- HILBELINR CONTINUED He said that if another design or location was proposed, a • variance may not be required. Mr. Heikkila said that the proposed location of the structure raises concerns regarding drainage. He said that permitting the house to be constructed where proposed will necessitate a change in drainage. He stated that though the resolution requires the final drainage plan to be reviewed by the City Engineer, it will not come before Council again. Mr. Heikkila said that there is no longer an area that will allow runoff to settle. The proposed location of Mr. Hilbelink's house is where drainage was stored prior to fill being added. The development of this property will cause more runoff to drain into the drainage pipe between properties. He stated that the Jentiluccis are willing to give the City an easement over that pipe. Mr. Jentilucci presented pictures of the vacant lot to the Council showing the condition of the property after a rain storm. He noted that the rain storm was not the 1987 super storm. Mr. Jentilucci stated that the existing swale is to the left of the storm sewer and that concerned him. City Engineer Cook stated that the City has asked for a 20' easement along the north property line. He said that the expectation is that there will be no change in the location of the swale. He said that the City cannot guarantee that the property will survive a 100 year storm. He said that the area is restricted in that it does not have overflow drainage. In most • restricted areas, the City prefers to 'either provide for a 100 year storm or install some form of an overflow system. Cook noted that prior to the development of French Creek, there was no outlet for the storage pond. As part of the French Creek subdivision, a storm sewer pipe was installed and provides an outlet. Mayor Grabek noted that the resolution provides language requiring that the City Engineer approve the drainage plan before a building permit is issued. Mr. Heikkila said that the Jentiluccis preferred to have the drainage problems resolved prior to variance approval. Councilmember Peterson indicated that she concurred with Heikkila. She said that a drainage problem has existed in that area for the last 15 years. Peterson said that she could not approve the variances without seeing specific building plans. Mr. Hilbelink stated that he had tried to do that at the last Planning Commission meeting. He stated that the hardship for the variances is that the property is a corner lot. The Planning Commission recommended that only.a 30' side yard setback be required which would be standard for non - corner lots. Mr. - 6 - 40 ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 ZONING FILE #1502- HILBELINK CONTINUED • Hilbelink also informed Council that he had been on the property since the heavy rainfalls occurred. He said that there was no standing water on the lot. He questioned whether it was possible to provide for a 100 year storm. Mayor Grabek asked why the house plan submitted was not the actual plan that would be used to construct the house. Mr. Hilbelink replied that it will be necessary to downsize the plan shown, but that he was not asked to provide the City with the exact specifications. Planning Commission Representative Kelley informed Mayor Grabek that Planning Commission did not think it was appropriate to design the house for Mr. Hilbelink. He said that it appeared that the main issue was drainage. The Planning Commission provided Mr. Hilbelink with a building envelope and, conditioned the recommendation on drainage issues being resolved with the City Engineer. Councilmember Goetten stated that the drainage issues involving this property perhaps warrant that more than the building envelope be established. Goetten stated that she would like to see the building plans prior to approving the variances. She said that the City Code requires that there be no additional runoff created by the development of a piece of property. • Goetten asked Cook if he was assured that increased runoff would not occur. Cook replied that there would be no increase in runoff from a normal rainfall. However, if a 100 year rainfall should occur, Cook could not guarantee that runoff would not increase. . Mayor Grabek asked Cook what his recommendation is regarding the construction of a residence on this property. Cook said that constructing a'house in the location proposed would reduce the water storage area by approximately 200. Mabusth noted that storm sewers are constructed with 5 year storms in mind and often are not meant to handle 100 year storms. Mabusth stated that the issue here is how to direct the drainage that will occur due to the reduction in, the size of the water storage area. Mabusth said that the 'Jentiluccis are asking the City to solve the drainage problem and are willing to grant an easement over a portion of their property. Mabusth said that it may be necessary for grading changes to be made to prevent drainage from flowing onto Jentiluccis' property. Mr. Jentilucci suggested that the City might look at the option of lowering the rear property elevations extending over • - 7 - ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 ZONING FILE #1502- HILBELINK CONTINUED the draintile that flows through the Dayton property. He said if • the grade is lowered a foot or so lower, it will provide a place for the runoff to go. Mayor Grabek asked staff why this was being discussed at this point, yet there seemed to be no answers to what appears to be a serious drainage issue. Mabusth replied that this is a. variance request, and as such, the City would not require the applicant to re- design the storm sewer. Cook stated that the problem area is the draintile that extends from the catch basin to the French Creek development. Mayor Grabek asked Cook how this problem should be addressed and solved. Cook said that the City could solve the problem, or ask Mr. Hilbelink to solve the problem. Callahan reiterated Mr. Jentilucci's point regarding the location of the proposed structure. He said that the pre- existing structure was located higher up on the property. It seemed to him that placing hardcover over the storage basin would aggravate the situation more than necessary. He questioned why Mr. Hilbelink could not construct the house where the pre- • existing structure was located. Mr. Hilbelink replied that all of the drainage runs to the north and northeast. He said that any change in grade will move drainage away from the neighbors. He said that without a house on the filled area, all drainage flows toward Mr. Jentilucci's property. Mr. Jentilucci disagreed with Mr. Hilbelink citing what Callahan had just stated. He noted that at one time ducks used to swim in the filled area where the house is proposed to be constructed. Bernhardson stated that Mr. Hilbelink could design a house with no variances required and construct it where he is proposing. He stated that options available to solve the drainage issue include the creation of an alternate ponding area, increasing the size of the pipe, or extending the swale all the way back to the Dayton property. Cook indicated that the last option would involve making a 10' cut through the property to create the swale. Mayor Grabek said that in order for the house to be - 8 - is ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 ZONING FILE #1502- HILBELINK CONTINUED • constructed, the drainage problem needs to be addressed to Jentiluccis' satisfaction. He suggested that Hilbelink and Jentiluccis work with the City Engineer to reach a mutual resolve. Mabusth offered to revise the resolution to require that Jentiluccis approve of the drainage plan prior to a building permit being issued. Mr. Heikkila asked that the matter be tabled for an additional two weeks to allow the parties to meet with the City Engineer. Mr. Hilbelink indicated that he would like this matter resolved as soon as possible, but that a two week delay would be acceptable. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to table this matter until the June 25, 1990 Council Meeting. Cook asked to what degree is the City to protect the Jentiluccis. He said that it is probably feasible to provide protection from the 5 years storm, but not the 100 year storm. Mrs. Jentilucci asked Cook to define 5 year and 100 year storm. Cook said that a 5 year storm refers to the volume of rainfall generated by a storm that occurs once every 5 years. • Motion, Ayes -5, Nays -0. Motion passed. #1510 RICHARD BROWN 2685 SHADYWOOD ROAD CONDITIONAL USE PERMIT Mr. Richard Brown, applicant, and Richard E. Brown, applicant's son and purchaser of the property, were present. • Bernhardson explained the information regarding this application, noting that today Mr. Brown submitted a written request asking that 28.9% hardcover be allowed, rather than the 28.1% suggested by staff. Mr. Brown showed the areas of hardcover that would be removed to achieve 28.9 %. Mayor Grabek asked what the square footage of the house is. Gaffron estimated the house to be 3,000 s.f, without the inclusion of the garage. Councilmember Goetten stated that she had been out to the site. She said that Mr. Brown has indicated that he will eliminate the garage door access to the house.. Kelley explained that Planning Commission believed that the - 9 - ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 ZONING FILE #1510 -BROWN CONTINUED interior garage door would prove to be the most direct way to access the apartment., rather than using the primary entrance to the house. Gaffron noted that Mr. Brown intends to remove only the exterior garage access door, but that the interior garage door into the apartment is proposed to remain. Mr. Brown stated that he would then construct an exterior doorway for the garage on the back side. He stated that having the door would provide a safe exit in the case of a fire. Mayor Grabek stated that by allowing the interior garage door to remain, a duplex would be created from a single family residence. Councilmeraber Goetten stated that it had been her understanding after speaking with .Mr. Brown that he would remove the interior garage door. She said that if Mr. Brown would agree to remove the interior door, she would look favorable on the application. Goetten stated that because of the property abutting a lake channel, the 75 -250' zone is significantly increased. She said that creates a hardship for the hardcover variance. Mayor Grabek stated that Mr. Brown may agree to remove door "A ", the interior garage access door, but it would take little • effort for the door to be reopened at a future date. He reiterated that a duplex is being created rather than a "mother -in -law apartment" which is the intent of the code. Callahan stated that the Ordinance allows for a duplex to be created provided that there is no separate access. He agreed with Mayor Grabek's concerns, stating that perhaps the Ordinance needs to be reviewed. Mr. Brown stated that he would comply with whatever the Council recommends. Bernhardson noted that the non - rental, guest apartment language was added to the Code back in 1985/1986 when the City received three applications similar to Mr. Brown's. He said that Mr. Brown's application is the first to be submitted since that time. He said that the language established back in 1985 was to prevent the possibility of a subsequent owner using the guest apartment for rental property. Mr. Brown noted that he is required to seek conditional use approval for the apartment because of the proposed installation of a kitchen. - 10 - 0 ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 ZONING FILE #1510 -BROWN CONTINUED . Nettles preferred to have Mr. Brown remove the interior garage doorway and retain the exterior garage door in its present location. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to direct staff to prepare a resolution approving the hardcover variance at 28.9% and the Conditional Use Permit for the guest apartment requiring the interior garage doorway be eliminated so as to conform with the Ordinance. Callahan suggested that the Ordinance be reviewed. Mayor Grabek stated that he would vote against this because of the precedent setting aspect of creating a duplex structure from a single family residence. He directed staff to not only review the existing Ordinance, but to review the structures that were previously approved for this type of Conditional Use to assure that no one is deviating from the intent of the Ordinance. Motion, Ayes -4, Mayor Grabek, Nay. Motion passed. #1513 14ALTER KRAHL 4775 NORTH SHORE DRIVE VARIANCES RESOLUTION #2813 Mr. and Mrs. Krahl were present for this matter. Bernhardson reviewed the information pertaining to this • application. He noted that Mr. Krahl has asked for a revision in hardcover from that recommended - by the Planning Commission. He stated that Planning Commission's recommendation called for hardcover to be reduced to 49.7 %. Mr. Krahl determined that he cannot remove all of the hardcover needed to attain that percentage and is proposing 51.6 %. Gaffron showed Council the three plans that have been submitted by Mr. Krahl for the addition to his residence. Gaffron noted that the house sits low on the property relative to the road, and in light of that, the Planning Commission recommended approval of the street setback variance. Gaffron noted that structure has been reduced from plan 1 to plan 3. Hardcover increased from plan 2 to plan 3 because there is an easement over a portion of the driveway that is shared with the neighbor. As a result, Mr. Krahl cannot remove that section of driveway as proposed in plan 2. Kelley suggested that in light of yet another revision being presented, that the matter be referred by to Planning Commission for review. Mr. Krahl stated that only removal of a portion of driveway is at issue and that nothing else has changed. tlr. Krahl said that he did not realize the portion of the driveway had deeded rights to his neighbor until after the Planning Commission - 11 - ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 ZONING FILE 11513 -KRAHL CONTINUED meeting. He stated that there is less structure on the property • than proposed with plan 2 for which the Planning Commission recommended approval. Kelley indicated that in light of Mr. Krahl's explanation, he did not feel it necessary for Planning Commission to review the revision. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to adopt Resolution #2813, approving the hardcover and street setback variances as proposed with Council option #2 of the memo. Mr. Krahl asked which plan had been approved. Mayor Grabek stated that option #2 had been approved. Gaffron clarified that option #2 is to approve plan #f3 per the attached resolution. Motion, Ayes -5, Nays -0. Motion passed. #1524 TRINITY PRE - SCHOOL 2060 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT RESOLUTION #2814 Nis. Wesley Hallquist was present. Bernhardson reviewed the information regarding this application, noting that fencing of the property was the major issue (see Jeanne Mabusth's memo dated May 17, 1990). Ms. Hallquist explained that the issue of fencing caught her • off -guard at the Planning Commission meeting. She stated that she has been the director of several pre -shool programs and fencing was not required for any of them. She said that neither the State nor the City require fencing. Ms. Hallquist said that there is currently no outdoor play equipment, but she would still like to take the children outdoors for supervised play activities. She said that the location of the property lends itself well to providing a play area without the need for a fence, especially in light of its proximity to the road. Mayor Grabek stated that he had mixed feelings. He said that the City should do whatever necessary to provide for the safety of the children, rather than leaving it entirely up to the watchful eye of the director. However, due to the location of the property and the fact that the State has no fencing regulations, the City should not require fencing in this case. Councilmember Goetten concurred with Mayor Grabek. Councilmember Callahan asked Ms. Hallquist how many supervisors there will be when the children are outdoors. Ms. Hallquist replied that State law requires that she have 1 adult for every 10 children. However, she intends to have 2 - 12 - is ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 ZONING FILE #1524- TRINITY PRE - SCHOOL CONTINUED • adults for every 15 children. Callahan noted that staff's memo referenced a possibility of Trinity Pre- School fencing the play area in the future. He asked what criteria the Pre - School would use to determine that a fence is required. Pis. Hallquist stated that if there is an increase in the number of children, or if at some point she feels there is a problem, she would consider fencing the area. She would also consider fencing the area if outdoor play equipment is provided in that area because the equipment would make it difficult to see all of the children all of the time. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2814, approving the Conditional Use Permit for Trinity Lutheran Church without a fence being required but that there be a ratio of 2 staff members for every 15 children. Motion, Ayes -5, Nays -0. Motion passes'.. #1528 CONSTANCE M. SCOTT 2300 LONGVIEW CIRCLE PRELIMINARY SUBDIVISION RESOLUTION #2815 r1r. and Mrs. Scott were present. • Bernhardson briefly reviewed staff's memo dated May 16, 1990. It was moved by Councilmember Callahan, seconded by Councilmember. Goetten, to adopt Resolution #2815, approving the Preliminary Subdivision for Constance M. Scott. Motion, Ayes - 5, Nays -0. Motion passed. 11531 CAROL KELLY 3020 CASCO POINT ROAD PRELIMINARY SUBDIVISION RESOLUTION #2816 Ms. Kelly, Mr. Bill Clark, Realtor, and Mr. Robert Smith, Surveyor, were present. Bernhardson explained the applicant's .proposal for this property. . Mabusth noted that the applicant has provided an amended plan showing the 923 s.f. of existing improvements consisting of a paved area. Mabusth said that the lots do meet the 1/2 acre dry contiguous land. She stated that excess hardcover must be removed prior to sLaff bringing the plat before Council for final approval. It will also be required that the drainage ditch for Lot 2 be realigned prior to final plat approval. • - 13 - ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 ZONING FILE $1531 -KELLY CONTINUED Mr. Smith, using the sketch showing the additional 923 s.f. • of paved area, stated that there is additional area extending to the street which was not included with the 'hardcover that is to be removed. He stated that taking that into consideration, it would be possible to remove that portion of pavement and leave a small portion near the house. Mabusth stated that the portion of hardcover to which Mr. Smith referred, is in the right- of--way. She said that only hardcover located, within the property lines is considered and that the right -of -way pavement was not included in hardcover calculations. Mr. Smith and Ms. Kelly indicated that they had no objection to removing the pavement all the way to the house. Mr. Smith suggested that a portion of the pavement may -be retained for a walkway, as long as they can maintain the 25% level of hardcover. It was .moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2816, approving the Preliminary Subdivision for Carol Kelly. Motion, Ayes -5, Nays -0. Motion passed. CITY ENGINEER'S REPORT: HIGHWAY 12 SEWER /WATER - CONTRACT COMPLETION* • It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the information presented regarding Highway 12 Sewer /Water contract completion. Motion, Ayes -5, Nays -0. Motion passed. MAYOR /COUNCIL REPORT: PARK COMMISSION CHAIR APPOINTMENT Mayor Grabek suggested proceeding with the interviews of blr. Flint and Dr. Vongries, but tabling a decision until the June 25, 1990 Council meeting. It was the consensus of the Council for proceed as suggested by Mayor Grabek. Mayor Grabek asked Mr. Flint to address the Council regarding his interest in this position. Mr. Flint said that there has been an increase in the amount of time required to effectively serve on the Park Commission. He said, "At one point I was considering whether to resign or become more involved. As you know, I became more involved and participated in the preparation of the Park Dedication Fee Ordinance amendment. Updating the 1980 Comprehensive Plan is'one of the major projects before us. We have interviewed consultants - 14 - • ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 PARR COMMISSION CHAIR CONTINUED • to assist with the project, but doubt we will have adequate funding to hire them. I think the Park Commission will have to take more responsibility for that project. We would also like to seriously approach the trail plan, but again, funding may pose a problem. the need to work more closely with the Planning Commission. There are instances where subdivisions are approved in areas where we plan to put the trail. It would perhaps be possible to discuss a trade of land for a reduction in the Park Dedication fees. I also believe the Park Commission needs to work more closely with. Hennepin County. I have asked Commissioner Jude to send me the County's five year plan. Lastly, I would like to work more closely with the Council. I believe that it would be helpful to have a Park Commissioner present at one Council meeting a month." Mr. Flint explained that he has had experience with the preservation of open spaces. He said, "I served as President for the Sierra Club for two years and, was the founding director of project Environment Foundation. I was the President of the local home oeiners association when I resided in Minnetonka." Mr. Flint concluded by saying that there is plenty of work to_ be done. He suggested appointing a co -chair to more effectively handle the upcoming projects. • Mayor Grabek thanked Mr. Flint for his presentation. Councilmember Nettles asked Mr. Flint what he believed the major obstacle for the trail system is. Mr. Flint said that he initially believed that staff would carry the ball for the majority of this project. He stated that due to the major projects and issues with which they must contend, they have not been able to-do that. He said the Park Commission can work with staff get the project going. He said that both money and personnel are in short supply. Mayor Grabek asked Mr. Flint whether the Park Commission has explored the use of outside sources for assistance. Mr. Flint believed that it would be necessary to have more of a concrete plan before seeking outside assistance. Callahan noted that the increase in Park Dedication fees should help the Park Commission funds. Mayor Grabek asked Dr. Vongries to come forward for his presentation. Dr. Vongries began by commending Phil Bradley, present Park Commission Chair, for his efforts. He said that he has served as is - 15 - ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 PARK COMMISSION CHAIR CONTINUED a Park Commissioner for a year and eight months and has enjoyed it enormously. He assured Council that hi -s interest and dedication are there. Councilmember Nettles asked Dr. Vongries if he agreed with Mr. Flint's recommendation to have a co- chair. Dr. Vongries believed that co- chairmanship may pose a problem. He said, "Responsibilities get divided. I believe it is better to have only one person that is fully committed to that position and understands his responsibility." Councilmember Goetten suggested having a chairman and vice - chairman as the Planning Commission. Mayor Grabek agreed with Goetten's suggestion to have a chair and vice - chair. He suggested that Council make that determination at this time, but that future recommendations and promotions to those positions be made by the Park Commission. He suggested that there be an automatic progression that would occur from committee member, to vice - chair, to chair. Callahan noted that the Council makes that decision where the Planning Commission is concerned. Dr. Vongries stated that a secretary is needed. He said that -Mr. Bradley was fulfilling both rorles. He suggested that the secretary position be added to the progression. Mayor Grabek pointed out that perhaps a natural progression would create problems and that Council should continue to make the decision. Mayor Grabek thanked Dr. interest and efforts. CITY ADMINISTRATOR'S REPORT: Vongries for his continuing LAKE USE MANAGEMENT Mayor Grabek informed Council that he has received numerous comments and calls regarding the document prepared by Councilmember Callahan. He said that the comments have all been positive and that Callahan has gained a great deal of support. Councilmember Callahan stated that the document was prepared as a collaboration of Councilmember Goetten and Councilmember Nettles' input as well. Callahan reported that he presented the document at the Public Hearing at 7:00 p.m. Callahan said that the representatives from other cities that spoke at the Public - 16 - • • • ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 LAKE USE MANAGEMENT CONTINUED • Hearing were critical of the report in the areas of shoreland management, taxation and switching control of the Board. Our concerns covered more than those areas. Callahan stated that his convictions that the LMCD has strayed from the functions they are to perform has been supported by Statutes. Callahan stated that it is the intention of the LMCD to now take this plan to the Met Council for their approval. He said that the LMCD appears to view. this plan as a comprehensive plan. However, there is no basis of authority or means to carry out the plan. Callahan stated that the statutes provide the LMCD with jurisdiction over various aspects of regulating Lake Minnetonka. It is unclear as to how this plan provides for that continued jurisdiction and whether it will be necessary for the Diet Council to approve any amendments that the LDICD may wish to make. The LMCD does not appear to be aware that this possible conflict exists. Callahan stated that the Li1CD may be surrendering some of its authority to the Met Council and the DNR. Callahan said that representative from the DNR, Shoreland Division, was present at the Public Hearing. He indicated that he was pleased that the plan would enable them to now have their land management programs passed. Callahan stated that beyond the aspect of whether the plan is good or bad, is the fact that the LMCD has no expectations of • what will happen once the plan is approved. Mayor Grabek asked Callahan what, in his opinion, is going to happen next. Callahan stated that the LMCD has established another committee, LCMR, which is attempting to obtain a $100,000 grant to work with the DNR to prepare a plan regarding additional access. Callahan had asked JoEllen Hurr about this and she dice not seem to be aware of it. Mayor Grabek asked how the LMCD could proceed with a lake access plan when the Lake Management Plan has not been approved. Callahan stated that he did not know, but that appears to be how the LMCD is proceeding. Mayor Grabek said that the LMCD must be certain that the Lake Management Plan will be approved. Councilmember Goetten stated that the LMCD has geared the Plan in such a way that it will be accepted by the Met Council and the DNR. Mayor Grabek recommended that Bernhardson, Hurr and the subcommittee of Callahan, Nettles, and other Councilmembers is - 17 - ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 LAKE USE MANAGEMENT CONTINUED wishing to participate, meet with the City Attorney to determine • how much funding the City has provided to the LMCD and how those funds were to be used. He asked them to investigate the avenues that may exist for the Lr4CD to have the plan approved even though the lake communities object to it. Nettles added that it may be appropriate for the City to emphasize to the LMCD that they have no legal authority to carry out aspects of the Plan. Nettles also suggested having JoEllen Hurr take the position of the City and make it clear to the Lr'(CD. Callahan noted that Ms. Hurr has indicated that she will support the position of the City. Callahan suggested that -the City submit an additional document to the LMCD and to try to notify the other cities as to what the problems and risks are. Mayor Grabek stated that the City should prepare a letter outlining a simple action plan that the other cities can take to combine their efforts in opposing the plan. Councilmember Goetten asked that the information previously sent to the other cities be sent directly to each Councilmember and Mayor. Callahan stated that he had asked that -the document be sent to the Planning Commission and Park Commission. Charlie Kelley indicated that he had not received the • information. Goetten reported that she had received a call from Gabriel Jabbour. He had attended the Public Hearing, and asked Goetten to express his appreciation for the Council's efforts. HIGHWAY 12 SAFETY IMPROVEMENT* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the information presented regarding the Highway 12 safety improvement. Motion, Ayes - 5, Nays -0. Motion passed. HIGHWAY 12 CORRIDOR MEETING Councilmember Goetten had removed this item from the Consent Agenda to inform Council that the Technical Meeting is scheduled for June 19, not June 18. She also informed Council that the consultant has not been signed on at this point. Callahan asked Bernhardson what he had found out from NINDOT regarding the direction of Highway 12 in relation to the land purchased by the City of Wayzata. Bernhardson referred Callahan to the letter from Mr. - 18 - • • • ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 HIGHWAY 12 CORRIDOR MEETING CONTINUED Crawford dated June 6, 1990 (attachment B). FACILITIES CITIZENS REVIEW COMMITTEE* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the information regarding the Facilities Review Committee and await the report of the Committee following conclusion of their process. Motion, Ayes -5, Nays -0. Motion passed. ORONO TENNIS TEAM RECOGNITION* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to table this item. Motion, Ayes -5, Nays -0. Motion passed. ED BROWN RECOGNITION RESOLUTION #2817* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2817, recognizing Ed Brown's volunteer service on the ,Planning Commission. Motion, Ayes -5, Nays -0. motion passed. 1991 BUDGET PROCESS* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the information directing staff to bring back initial tax and budget numbers at the first meeting in August. Motion, eyes -5, Nays -0. Motion passed. REQUEST FOR FUNDING ART CENTER OF MINNESOTA* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the information presented. on the Art Center of 'Minnesota's request for funding. Motion, Ayes - 5, Nays -0. Motion passed. EQUIPMENT PURCHASE - GOLF COURSE MOWER* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to award purchase of a 60 inch greens mower for the golf course to Scharber and Sons for a total purchase price of $8,130. Motion, Ayes -5, Nays -0. Motion passed. ATTACHMENT AND ANNEXATION UPDATE* It was moved by Councilmember Councilmember Peterson, to accept the regarding the update on the process. Motion passed. • - 19 - Callahan, seconded by information presented Motion, Ayes -5, Nays -0. ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 EMPLOYMENT TEMPORARY ON -SITE SEPTIC INSPECTOR STEPHEN J. WECKMAN* • It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to recommend the hiring of Stephen J. Weckman as an intern for the on -site septic inspection program at an hourly rate of $8.00 to commence employment on Thursday, June 14, 1990, through the end of September, 1990. Motion, Ayes -5, Nays -0. Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: 1355 Arbor Street, 1972 Shadywood Road, Spring Clean -Up Results, Forest Lake Drive, Environmental Engineer, Transient Merchant, West Hennepin Human Services Planning Board, Municipal Well #k3, Receipts and Disbursements- April, and Wire Transfers. Motion, Ayes -5, Nays -0. Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett indicated that he had no report for this evening. LICENSES Mr. and Mrs. Penke and their Attorney, Dick Indritz, were present. Bernhardson reported that Mr. Penke's application to sell • flowers had been received Thursday, June 7th. The application shows two locations available for Mr. Penke to rent. Bernhardson said that Chief Kilbo felt it was. necessary to deny the application based on the previous violations. He said that other issues invoive the safety of the location in front of Down East Craftsman. The Chief had indicated that Mr. Penke should be located farther back from the road. Mr. Penke stated that there is no shoulder on County Road 15 that would enable vehicles to stop on the street. Customers would have to pull into the parking area. He noted that part of his agreement to use this site is that he will not interfere with the existing businesses. He said if he moves his truck back from the road, he would be right in front of the building and would interfere with the businesses. Mayor Grabek stated that the Council should follow the recommendation of the Chief of Police. He suggested that Mr. Penke resolve that issue with the Chief of Police. Bernhardson asked whether the Council would approve two locations. Mr. Penke stated that the location at Ronnie's Cleaners is - 20 - ORONO REGULAR COUNCIL MEETING HELD JUNE 11, 1990 • LICENSES CONTINUED an option available to him should the location at Down East Craftsman not be approved. Councilmember Goetten expressed concern regarding I1r. Penke having two locations. She believed that it would cause more concern amongst the citizens. She said that she would favor one or the other. Mr. Penke stated that he intends to have only one location at a time. Mayor Grabek asked how the City would view the request for other vendors to come in and sell from their vehicles. Barrett stated that as long as the conditions of the Ordinance are met, mainly whether the business is legitimate and whether it poses safety or traffic hazards, the vendor would qualify to receive a license. Mayor Grabek suggested that the Ordinance be reviewed to assure that it will not allow the situation to get out of hand. He stated that he would be willing to table this to allow I4r. Penke an opportunity to work with Chief Kilbo. It was moved by Mayor Grabek, seconded by Councilmember • Peterson, to table this matter until a recommendation is received from Chief Ki.lbo. Motion, Ayes -5, Nays -0. Motion passed. Mr. Indritz noted that there is confusion as to the length of the license if approved. He asked if staff could inform him of that information. Bernhardson stated that he would provide that information. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to approve the following license(s): Septic System Installation: Set -Up License: Quickway Excavating Co. Navarre Lanes Inc. 3435 Shoreline Drive Motion, Ayes -5, Nays -0. Motion passed. BILLS* It was ;roved by Councilmember Callahan, seconded. by Councilmember Peterson, to approve payment of the All Funds Account. Motion, Ayes -5, Nays -0. Ilotion passed. • - 21 - . ORONO REGULAR COUNCIL MEETING MELD JUNE 11, 1990 ADJOURNMENT - 9:46 P.M. It was moved by Councilmember Nettles, seconded by Piayor • Grabek, to adjourn the Regular Council Meeting at 9:46 p.m. Motion, Ayes -5, Nays -0, Notion passed. C:: Jam s R. Grabe , mayor ATT S 00/ z 0 othy Ai. llin,, City Clerk L� - 22 - 40