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HomeMy WebLinkAbout06-25-1990 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 25, 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, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Engineer Cook, City Attorney Barrett, and City Recorder Scheffler. INTRODUCTION - ORONO POLICE CANINE OFFICER Mayor Grabek introduced Officer Dan Fischenich and Baron, the new police dog, to those in attendance. CONSENT AGENDA* Bernhardson referred to Consent Item #24, regarding Long Lake Annexation Update. He noted that the memo presented states that Tom Barrett had contacted Arlo Vandevegte. He said that is incorrect and that contact will not be made until after the meeting this evening. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the Consent Agenda. Motion, Ayes -5, Nays -0. Motion passed. ORONO TENNIS TEAM RECOGNITION • Mayor Grabek explained that it was not possible for the Orono Tennis Team to be present this evening, but that their Coach, Tim Moynihan, was present. Mayor Grabek presented Mr. Moynihan with a Certificate recognizing the achievements of the Orono Tennis Team for taking 2nd place in the State Championships. Mr. Moynihan thanked the Council for the recognition. He said that the experience was gratifying and the Community support was greatly appreciated. PHIL BRADLEY RECOGNITION Mr. Bradley was not present to receive his certificate. APPROVAL OF MINUTES* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the Minutes of the Regular Council Meeting held May 29, 1990. Motion, Ayes -5, Nays -0. Motion passed. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the Minutes of the Regular Council Meeting held June 11, 1990. Motion, Ayes -5, Nays -0. Motion passed. LAKE MINNETONKA CONSERVATION DISTRICT REPORT LMCD Representative JoEllen Hurr was present. She informed Council that a meeting had been scheduled for Thursday, June • - 1 - v ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 LMCD REPORT CONTINUED 28th, to discuss the Lake Management Plan. Hurr stated that she had received Mr. Arndorfer's response to the comments presented by the Lake Minnetonka communities regarding the Plan. She noted that there was no response to Orono's comments included in the document she received. She said that she would try to find out the reason why Orono was overlooked. Mayor Grabek asked Hurr how the LMCD has accepted the comments from Orono and whether the feedback she has been receiving is positive or negative. Hurr replied that there is a lot of support for some of the concerns raised by Orono. She said that there are other cities that have expressed different concerns. Mayor Grabek asked whether there will be additional meetings to discuss the concerns of the 14 Lakeshore Communities other than the June 28th meeting. Hurr indicated that other meetings are likely to be scheduled as one meeting would not provide enough time to review all of the information received from the Lakeshore Cities. Hurr informed Council that a lake tour for City and County Officials has been scheduled for August 4, 1990, from 10:00 a.m. to 1:00 P.M. Hurr reported that the issue of observers for water skiers is scheduled to be heard by the Board. She said that there is a recommendation to have no requirement that an observer be present in a boat when pulling a water skier. Hurr stated that she and other representatives had voted against the recommendation, and prevailed. However, the matter has been put on the agenda for reconsideration. Mayor Grabek asked what State Law requires boaters to do when towing a skier. Hurr replied that the State Law is less restrictive than the LMCD regulations. Hurr. stated that she is concerned about the safety on the Lake and will not change her position unless the City of Orono has a different opinion. It was the consensus of Council that JoEllen maintain her position regarding the need for an observer in the boat when towing a water skier. Callahan questioned whether the issue of licensing juveniles to operate a boat was also on the agenda. He stated that the minutes from the LMCD Lake Use Committee indicated that licensing juveniles was not necessary. • • - 2 - .• ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 LMCD REPORT CONTINUED • It was the consensus of Council that juveniles should be required to be licensed to operate a motor boat. Mayor Grabek asked Hurr for an update as to the level of the lake and the presence of Eura.sian Milfoil. Hurr replied that the lake level has increased by nearly a foot. She noted that there are some persons on the Board stating that the lake level is currently 928.6.. She, said the average lake level is 929.4, and that she doubted the current level is 928.6. With regard to the Eurasian Milfoil, Hurr said that the weeds are growing rapidly. She said that there are four weed cutters working to harvest the weed. Councilmember Peterson made reference to an article that appeared in the paper regarding the use of chemicals to rid Lake Independence of Eurasian Milfoil. She said that the article stated that the weed is gone from the lake and questioned whether that is accurate. Hurr replied that though areas of Lake Independence have been chemically treated, there are other areas where the weed exists. Hurr noted that the Freshwater Biological Foundation has • received a $100,000 grant to use for research to find a chemical to rid the weed from the lakes. She stated that harvesting is only being done to make the lakes functional, but it is not a permanent solution. Mayor Grabek thanked JoEllen for her presentation. PUBLIC COMMENTS: There were no public comments. ZONING ADMINISTRATOR'S REPORT: #1473 JACQUELYNN KELLY 2056 SHADYWOOD ROAD AFTER -THE -FACT VARIANCE Ms. Kelly and her Attorney, Mr. Dennis Johnson, were present. Bernhardson reviewed the information regarding this application (see Jeanne Mabusth's memo dated June 21, 1990). Bernhardson noted that the applicant has revised her plan, but has not provided a revised survey. Mabusth showed Council an overhead sketch of the current proposal. She noted that the deck is being reduced in size and will no longer encroach into the 75' setback area. Mabusth also • - 3 - ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 ZONING FILE #1473 -KELLY CONTINUED showed that a portion of the deck has been lowered and another • portion reduced in size to meet the 10' side setback. Mr. Johnson stated that the concept for the revised plan had come from the information provided from the City. He stated that he had received a copy of an Ordinance pertaining to fences, walls or buildings that are 42" in height or more. He said that he was recently informed by staff that the Ordinance had been revised. Mr. Johnson said that the plan was revised so that the majority of the deck located in the average setback would be no more than 40" high. He said that the revised plan should have no impact on the neighbors. He noted that the neighbors consented to the old deck design and have no objections to the revised plan. Mr. Johnson also showed Council that planters are being used in lieu of railings. alongside the deck to lessen visual impact on the neighbors. Mabusth stated that she had previously explained to Mr. Johnson that the Section of Code that he received in error pertains only to retaining walls and fences. She said that Mr. Johnson has since been provided with the most recent amendment of the Ordinance. Mabusth noted that Mr. Johnson had accepted staff's interpretation that the Section of Code only pertained to walls and fences. Mr. Johnson stated that he compared Ms. Kelly's situation to the first Ordinance information that he received, which allows • fences and retaining walls if they are no more that 42" tall. He said that is the reason they revised the deck plan so that the deck will be no more than 42" high. Mayor Grabek asked Mr. Johnson if he would prefer to have the matter tabled to allow him more opportunity to review the proper Ordinances. Mr. Johnson indicated that tabling would be acceptable provided that they are scheduled for the July 9, 1990 Council Meeting. Councilmember Goetten stated that she was disappointed with the information the applicant has brought before them. She said that it did not appear that the plan has been revised as Council directed. Goetten indicated that she preferred to have the new deck resemble the old deck. She suggested that should the matter again be tabled, that the applicant bring back more concrete information. Mr. Johnson explained that the information presented this evening was prepared using the incorrect Ordinance. Mr. Johnson stated that he will prepare something more concrete using the correct Ordinance and will present that at the next meeting. - 4 - • ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 ZONING FILE #1473 -KELLY CONTINUED • Councilmember Callahan questioned why the applicant was being permitted to construct a deck in any configuration. Mr. Johnson explained that there are three sets of double glass sliding doors on this side of the house which require a deck in order to access. It was moved by Callahan, seconded by Peterson, to table this application until the July 9, 1990, Council Meeting and that the applicant submit a proposal with a revised survey locating the deck, and hardcover calculations. Mayor Grabek stated that he would prefer to have staff prepare a resolution of denial. Callahan concurred with Mayor Grabek. Motion, Ayes -3, Grabek, Callahan, Nay. Motion passed. #1476 DAVID & SUSAN PRASS 1065 LINDEN LANE RECONSIDERATION OF VARIANCE APPROVAL Mr. and Mrs. Prass were present. Bernhardson explained that Mr. and Mrs. Prass are unable to meet the conditions set forth in Resolution #2738 and are asking for approval to construct a permanent wood cover for the pool. He said that I1r. and Mrs. Prass are also asking to have the September deadline for construction of a principal structure • extended. Bernhardson stated that if the wood deck cover does render the pool safe, it would meet the intent of the Planning Commission and Council direction. Councilmember Callahan asked when the Prasses might be in a position to construct a principal structure.. Mr. Prass replied that he would hope to construct a home within two or three years.. Mayor Grabek asked whether it would still be possible for water to get in the pool even though it is covered. Mabusth explained that the cover must be sealed to prevent water from seeping into the pool, or the cover cannot be approved. Bernhardson suggested that staff could work with the applicants and bring back a design for the cover to the next Council Meeting. Mayor Grabek asked whether the City was currently liable for any mishap that may occur while the pool remains uncovered. City Attorney Barrett advised Grabek that, in his opinion, the City has no legal liability. 40 - 5 - ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 ZONING FILE #1476 -PRASS CONTINUED Mayor Grabek indicated that he would favor allowing staff • and the applicant time to design a suitable cover for the pool. Councilmember Goetten stated that she may agree with the Mayor, but that a deadline for construction of a principal structure must be defined. Mr. Prass explained that he had not been aware of the consequences they would face once the principal structure was razed. He stated that had he known the facts, he may have opted to repair the home. Mr. Prass asked whether it would be possible to delay construction for five years. It was moved by Callahan to table this application until the July 9, 1990, Council Meeting and that by that date the applicant must have submitted a plan, agreeable to staff, for the pool covering, and that a bond be provided to assure that the work is done. Further, that the applicants be given until September, 1991, to construct a principal structure. Mayor Grabek suggested giving the applicants a specific time limit to have the pool permanently covered and sealed properly and if that deadline is met that the Prasses be given until December 31, 1991, to construct a. new home. Grabek suggested that the pool be covered no later than August 15, 1990. Mr. Prass interjected that it would not be possible to construct a home by December 31, 1991. Councilmember Peterson asked Grabek whether his suggestion • included that the house be constructed by December, 1991, or that a building permit application be submitted by that date. Grabek indicated that the Prasses must submit a building permit application by December 31, 1991. Mabusth informed the Prasses that construction must begin within 6 months of obtaining a building permit. Mr. Prass indicated that he would still be unable to comply with that deadline. Grabek stated that Council would have to either have the pool removed, or give the Prasses five years to construct a home. Callahan withdrew his motion. It was moved by Mayor Grabek, to direct staff to prepare a resolution requiring that the pool be filled or removed by September 30, 1990. Mrs. Prass asked whether filling the pool would be acceptable. Mabusth replied that filling the pool would be acceptable. Cook indicated that he would have to review the proposal to assure that water will be able to drain from the structure. Grabek amended his motion to request that staff explore the least expensive method of rendering the pool useless while providing safety as well. Staff is directed to bring that information in the form of a resolution back to the July 9, 1990 Council Meeting. Councilmember Nettles seconded Grabek's amended motion. Motion, Ayes -5, Nays -0. Motion passed. - 6 - is ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 #1510 RICHARD BROWN • 2685 SHADYWOOD ROAD CONDITIONAL USE PERMIT RESOLUTION #2820 Mrs. Brown was present for this matter. Bernhardson briefly reviewed the information regarding this application. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2820, approving the hardcover and average lakeshore setback variances and guest house conditional use permit for the property located at 2685 Shadywood Road. Motion, Ayes -5, Nays -0. Motion passed. #1549 AND #1550 ROD CRAWFORD 4705 NORTH SHORE DRIVE CONDITIONAL USE PERMIT /VARIANCES RESOLUTION #2821 Mr. Crawford and his contractors, Mr. and Mrs. Schwartz, were present. Bernhardson informed Council of Mr. Crawford's proposal and of the variances involved in addition to a conditional use permit. • Mayor Grabek asked City Engineer Cook if he approved of the proposal. Cook replied that the revised proposal looks fine. He noted that a portion of the proposal involves County right -of -way and that the applicant will have to resolve that issue with the County. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2821, - approving the variances and conditional use permit for the property located at 4705 North Shore Drive. Motion, Ayes -5, Nays -0. Motion passed. CITY ENGINEER'S REPORT: 1990 SEALCOAT BID AWARD It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to award the 1990 Sealcoat Bid to Allied Blacktop, Inc., $37,221.00. Motion, Ayes -5, Nays -0. Motion passed. PAY REQUEST #3 - WELL #3* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to authorize payment of Pay Request #3 to Keys Well Drilling Company in the amount of $11,020.00. Motion. Ayes -5, Nays -0. Motion passed. 40 - 7 - ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 MAYOR /COUNCIL REPORT: WEST SUBURBAN HUMAN SERVICES APPOINTMENT • It was moved by Mayor Grabek, seconded by Councilmember Peterson, to appoint Gary Printup as one of the City's two primary representatives to the West Hennepin Human Services Board. Motion, Ayes -5, Nays -0. Motion passed. PARK COMMISSION CHAIR APPOINTMENT* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this matter until the July 9th Council Meeting. Motion, Ayes -5, Nays -0. Motion passed. APPOINTMENTS PROCESS* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept the information and table until the July 9th Council Meeting. Motion, Ayes -5, Nays -0. Motion passed. CITY ADMINISTRATOR'S REPORT: LAKE USE MANAGEMENT -25 YEAR PLAN Councilmember Callahan suggested that there be a representative present at the June 28, 1990 LMCD Meeting. He said that he would not be able to attend. Bernhardson indicated that he would be able to attend the meeting. • HIGHWAY 12 SAFETY IMPROVEMENT Bernhardson reported that at the time this matter was discussed last year, Council expressed concern regarding the inclusion of a traffic signal at the corner of Highway 12 and �,7illow Drive. The City asked for a traffic analysis of that intersection. The analysis has indicated that based on the development that is proposed, a traffic signal would be warranted. The safety improvement project will include the signal. Bernhardson said however, that should there not be the anticipated amount of development by the time the project proceeds, the signal would be excluded. Bernhardson recommended that approval of the plan be contingent on inclusion of the signal light. Mayor Grabek noted that the plan no longer involves North Brown Road. Bernhardson replied that North Brown Road will be left in its present location, but may be realigned somewhat where it approaches Highway 12. Gerhardson added that North Brown Road would be angled slightly as it approaches Highway 12. - 8 - is ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 HIGHWAY 12 SAFETY IMPROVEMENTS CONTINUED • Councilmember Goetten indicated that she agreed with Bernhardson's recommendation for approving the plan only if the traffic signal is included. Bernhardson noted that the traffic analysis has not been finalized by MNDot. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2822, indicating City approval contingent upon a traffic' light being placed on Willow in conjunction with this project. Motion, Ayes -5, Nays -0. Motion passed. CONSULTANT ENGINEER - TRAFFIC Bernhardson reviewed the infoz 21, 1990 regarding the hiring Bernhardson noted that the City had to MNDot's study. He said that it City to contribute and that those consultant. •mation in his memo dated June of a consultant engineer. allocated funds to contribute will not be necessary for the funds could be used for the Mayor Grabek suggested committing a specific amount of money for the consultant, but not necessarily the entire amount set aside for MNDot. Grabek believed that a consultant would be a valuable tool for the City. • Councilmember Goetten asked whether Council would have an opportunity to interview the persons being considered prior to hiring. Mayor Grabek asked that staff have persons available for Council to review by a certain date. Bernhardson stated that it would be possible to have the interview process begin by the July 23rd Council Meeting. Councilmember Nettles asked whether it would be possible for staff to gather information from the State Highway Department regarding their opinion of where the corridor should be located. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to direct staff to commence consultant engineer interviews by the July 23, 1990 Council Meeting. Motion, Ayes -5, Nays -0. Motion passed. REQUEST FOR FUNDING -ART CENTER Bernhardson informed Council that the Art Center has asked the City for funding. He said the City is being asked for $8,000.00 this year and $16,000.00 next year. Bernhardson noted that the Art Center has also asked the City of Wayzata for funding. Bernhardson believed it would be appropriate to delay a 40 - 9 - ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 ART CENTER FUNDING CONTINUED decision for funding at this time, but include the funding • request in the budget process. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept the City Administrator's recommendation and direct staff to so inform the Art Center. Motion, Ayes -5, Nays -0. Motion-passed. 1989 FINANCIAL REPORT Bernhardson presented Council with the 1989 Financial Report. Council agreed that they would review the report prior to requesting the appearance of an auditor at a future Council meeting. STRATEGIC PLANNING Bernhardson informed Council that strategic planning process. He sugge! incorporate the strategic planning into suggested that Council provide him with in advance of budget planning so they budget. he 3ted the any may was initiating the that Council could budget process. He ideas they have now be included in the Goetten stated that it is important to develop a Lake Use Committee. • Mayor Grabek and the other Councilmembers concurred with Goetten. TRANSIENT MERCHANTS Mr. and Mrs. Penke were present. Bernhardson provided Council with a letter he had received from the Westonka Chamber of Commerce regarding their position on transient merchants. Bernhardson suggested that Council use that information if they wish to take another approach to transient merchants. Bernhardson noted that the current Transient Merchant License does not provide a limit on the number of times a license may be renewed. Mayor Grabek asked Bernhardson what Chief Kilbo is recommending for Mr. Penke's license application. Bernhardson replied that Chief Kilbo has indicated that the location by the Down East Craftsman is acceptable as well as the location by Ronnie's Cleaners. Bernhardson stated that the license refers to the areas from which Mr. Penke may operate. The license would expire in 60 days. Bernhardson noted that though Mr. Penke has been approved for two locations, he would not have two vehicles operating simultaneously. - 10 - 40 ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 TRANSIENT MERCHANT CONTINUED • Goetten asked what Mr. Penke must do in order to renew the license. Bernhardson replied that Mr. Penke must apply for a license renewal 30 to 45 days from now to assure that his application is reviewed by Council prior to the 60 -day expiration date. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve both locations recommended by Chief Kilbo. Staff is directed to review the Transient Merchant Ordinance, taking into consideration the services to the Community they provide as well as the concerns and considerations of the merchants in Orono and adjacent cities. Further, staff is to make a recommendation to Council regarding any revisions that may need to be made to the existing Ordinance. Mr. Penke asked whether it would be necessary to appear before the Council to renew his license. Mayor Grabek replied that staff will determine that when they re- examine the Ordinance. Grabek asked that staff provide that information prior to Mr. Penke's license expiring. Goetten disagreed with allowing Mr. Penke to have two locations and suggested that he be allowed only one if his license is renewed. Motion, Ayes -4, Goetten, Nay. Motion passed. TEMPORARY EMPLOYMENT -GOLF COURSE* • It was moved by Mayor Grabek, seconded by Councilmember Nettles, to change Mr. Don Yeager's position from terminated to starter position effective May 16, 1990, at an hourly rate of $5.25. Motion., Ayes -5, Nays -0. Motion passed. FACILITY CITIZEN REVIEW COMMITTEE* It was moved by Mayor Grabek, seconded. by Councilmember Nettles, to accept the information presented by Mark Bernhardson regarding the Citizen Review Committee. Motion, Ayes -5, Nays -0. Motion passed. LONG LAKE ANNEXATION - UPDATE* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept the information and handle any further discussion on this matter as it relates to settlement discussions of a pending legal issue to an executive session. Motion, Ayes -5, Nays -0. Motion passed. ORONO TENNIS TEAM RECOGNITION - RESOLUTION 12818* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2818, recognizing the efforts of the Orono Tennis Team in reaching and achieving 2nd place in the State Tournament. Motion, Ayes -5. Nays -0. Motion passed. • - 11 - ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 PHIL BRADLEY RECOGNITION - RESOLUTION #2819* It was moved by Mayor Grabek, seconded by Councilmember • Nettles, to adopt Resolution #2819, extending the Council's appreciation and thanks to P4r. Bradley for his service to the Community. Motion, Ayes -5, Nays -0. Motion passed. POLICE ANNUAL REPORT* It was moved by Playor Grabek, seconded by Councilmember Nettles, to acknowledge receipt of the Police Department's 1989 Operations Financial Report.,: Motion, Aygs -5, Nays -0. Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept the City Administrator's Information regarding: Navarare /Livingston Storm Sewer, Sandy Beach Resort, County Road 15 Welcome Sign, Bederwood "Grand Opening ", Bederwood Park Parking Lot, Electrical Utility Territories, Nature Conservancy /Bayside /Luce Line, and the June 27th Big Island Tour. Motion, Ayes -5, Nays -0, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett indicated that he had no report this evening. LICENSES* It was moved by rlayor Grabek, seconded by Councilmember • Nettles, to approve the following license(s): Transient Merchant: Al Penke d /b /a The Rose Man Motion, Ayes -4, Nays -1. Motion passed. BILLS* It was moved by Mayor Grabek, seconded by Councilmember Nettles to approve payment of the All Funds Account. Motion, Ayes -5, Nays -0. Motion passed. EXECUTIVE SESSION 8:21 P.M. City Attorney Barrett requested that Council hold an Executive Session for the purpose of discussing pending litigation. - 12 - 0 ORONO REGULAR COUNCIL MEETING HELD JUNE 25, 1990 ADJOURNMENT 8:38 P.M. • It was moved by Councilmember Nettles, seconded by Mayor Grabek, to adjourn the Regular Council meeting at 8:38 p.m. Motion, Ayes -5, Nays -0. Motion passed. Jam s R. Grabek, r ATT EIS T : thy M, /Hallin, City Clerk • is - 13 -