Loading...
HomeMy WebLinkAbout05-09-1994 Council MinutesC7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 9, 1994 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers Charles Kelley and J. Diann Goetten. Councilmembers Gabriel Jabbour and JoEllen Hurr were excused. The following represented staff: City Attorney Tom Barrett, City Administrator Ron Moorse, Police Chief Stephen Sullivan, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, Public Works Director John Gerhardson, City Engineer Glenn Cook, and Recorder Barbara Anderson. Mayor Callahan called the meeting to order at 8:53 p.m. ( #1) LIQUOR VIOLATION HEARING PROCESS Mayor Callahan stated that there were three liquor license violations which would be considered by the Council that evening, and he noted that all three violations occurred on July 30, 1993. The first violation occurred at O'Sullivan's and the clerk responsible for making the sale to the minor pled guilty on the charges. Chief Sullivan reviewed the Police Report, and described the sting operation. He stated that the minor was working with the police in this instance. The owner of O'Sullivan's was present and stated that they were usually very busy on Friday evenings and the clerk involved believed that the minor was older and saw no reason to card her. He stated this was the first time they have had a liquor violation in the seven years they have • been in operation. To prevent this occurring again he had placed notices in his employees paychecks and on their time cards that the staff cannot assume someone is as old as they appear to be and they should request identification any time there is the least doubt that the person making the purchase is of legal age. Barrett stated that according to the Ordinance, given the evidence, upon conviction, the City Council shall revoke the license; however, as the violation was not a wilful violation, the City Council may suspend the license but not make that effective. He recommended that if this was what the Council wished to do, that an ordinance amendment be enacted to ensure that this would be applied uniformly in the future. It was moved by Mayor Callahan, seconded by Goetten, that as this was not a willful violation and given the circumstances involved, the license should be suspended for two days, and then stay the suspension for one year, and if there are no further violations, it will be expunged from the record. Ayes 3, nays 0. The second liquor violation occurred at Jimmie's Lounge, and Jimmie J. Holtz was present. Chief Sullivan reviewed the report and noted that the employee concerned pled guilty to the offense and paid a $200 fine. If there are no further offenses within a year, the record will be cleared. He noted that in this instance it was not a willful violation. • Mr. Holtz stated that the minor was served, but the employee involved saw the girl arrive with a reserve police officer, and he figured that no police officer would bring a minor into a liquor 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 9, 1994 • ( #1) LIQUOR VIOLATION HEARING PROCESS (CONTINUED) establishment and so he served her. Mayor Callahan inquired what had been done since to ensure that the situation did not occur again. Mr. Holtz responded that his employees had attended seminars and been required to read pamphlets to make sure that they did not serve minors. He noted he had checked identification himself to ensure that no violations were occurring on the premises. Mayor Callahan inquired if the bartender had been with him a long time and Mr. Holtz responded affirmatively, but noted that the man was no longer employed there. Chief Sullivan noted that the decoy used was a June, 1993 graduate and he felt that she appeared to be an average teenager. Mayor Callahan noted that the City Council was very concerned that that the liquor laws be strictly adhered to. It was moved by Mayor Callahan, seconded by Kelley, to suspend Jimmie's liquor license for two days, and then stay the suspension for one year, and if there are no further violations, it will be expunged from the record. Ayes 3, nays 0. The third violation occurred on July 30, 1993, at Orono Self Service. Bill Wear was present. Chief Sullivan reviewed the report and stated that the same decoy was used and described the sting operation. The clerk noticed only the price on the top of the bottle and did not notice that • it was beer, but thought it was root beer. The charges were filed and the clerk pled guilty. Mr. Wear stated that the girl did sell beer and they were responsible. However, he has taken steps to ensure that it does not happen again. He stated that all his employees are required to sign a statement before they are hired, which informs them of the minimum -age laws regarding the sale of age- restricted products, such as tobacco and alcohol. He also posts a sign on all the doors and windows stating that any person under the legal age trying to purchase cigarettes or alcoholic beverages will be prosecuted. It was moved by Mayor Callahan, seconded by Goetten, to suspend Orono Self Service's license for two days, and then stay the suspension for one year, and if there are no further violations, it will be expunged from the record. Ayes 3, nays 0. ( *#2) CONSENT AGENDA Goetten requested that items #8, # 10, # 11, and # 12 be added to the Consent Agenda. It was moved by Mayor Callahan, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 3, nays 0. • 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 9, 1994 APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF APRIL 25, 1994 It was moved by Mayor Callahan, seconded by Goetten, to approve the April 25, 1994 City Council Minutes as submitted. Ayes 3, nays 0. PARK COMMISSION COMMENTS - Alexander Vongries, Representative Alex Vongries was present and stated that the Park Commission had decided to have a member present at all future City Council meetings to answer questions and keep the Park Commission informed of matters which were relevant to them. He stated that the Park Commission intended to have a bus tour of Orono park facilities prior to their regular meeting on June 6, 1994, and they would meet at 6:00 p.m. in front of the Council Chambers. He invited the Councilmembers to attend. PLANNING COMMISSION COMMENTS - Steve Peterson, Representative There were no Planning Commission comments. • PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( * #4) #1851 ORONO WOODLANDS, INC./PAUL PHILLIPS, 2100/2140 SIXTH AVENUE NORTH - FINAL PLAT OF LOT LINE REARRANGEMENT - RESOLUTION NO. 3419 It was moved by Mayor Callahan, seconded by Goetten to adopt Resolution No. 3419 approving #1851 Subdivision of a Lot Line Rearrangement for Orono Woodlands, Inc. /Paul Phillips at 2100/2140 Sixth Avenue North. Ayes 3, nays 0. ( #5) #1881 JOWN WHITMAN, 1570 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT /VARIANCE - RESOLUTION NO. 3420 Gaffron reviewed the staff report. John Whitman was present and stated he was requesting the conditional use permit and variance in order to obtain access to the back portion of his property. He asked if it would be possible to obtain an extension for a year in case the MCWD decides to construct a sedimentation basin in this area. He had been informed by the DNR that the MCWD could not construct a sedimentation basin, based on Minnesota Statute 867.05, • Subdivision 5. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 9, 1994 • Mayor Callahan inquired if the applicant was going to wait to install the driveway until this issue was resolved, and Mr. Whitman responded affirmatively. Mayor Callahan noted that the Council would be inclined to grant the conditional use permit /variance for the usual period of one year, and if it was not constructed during that time, then he would have to reapply. It was moved by Goetten, seconded by Kelley, to adopt Resolution No. 3420 approving #1881 Conditional Use Permit /Variance for John Whitman at 1570 Sixth Avenue North. Ayes 3, nays 0. ( #6) TIM HILLMAN, 400 LEAF STREET - VARIANCES The applicant, Tim Hillman was present. Mabusth reviewed the staff report and noted that since the Planning Commission review of this application, it had come to staff's attention that there was an easement across the applicant's property, which created an excess of 1.1 % lot coverage variance on the property. Kelley inquired if the applicant had considered shifting the building to fit inside the building envelope, and what was the hardship in this instance. Hillman responded that the house was 73 feet in length and there were two large trees on the property he wished to save. Also, he felt the location of the accessory structures on the property made it difficult to change the location of the house. He stated that the pole barn was on frost footings, but he was not sure about the is remaining accessory structures. Mayor Callahan -asked if Mr. Hillman intended to do the work himself, and Mr. Hillman responded affirmatively. Mabusth commented that the applicant would have 24 months during which time the exterior must be completed within one year. Mayor Callahan inquired about the old cars which had been stored on the property and Mr. Hillman responded he had removed them. Kelley inquired if there was a garage proposed with the new construction and Mr. Hillman responded that there will be three extra stalls for cars to be stored. Kelley stated that he felt that a hardship was not present in this instance, because the applicant was requesting the variance for the addition only to engage in his hobby of collecting antique cars. Mayor Callahan suggested that this item be referred back to the Planning Commission, and Mabusth noted that it would be placed on the next agenda. It was moved by Kelley, seconded by Goetten to refer #1912 Variances for Tim Hillman at 400 Leaf Street back to the Planning Commission for reconsideration. Ayes 3, nays 0. (#7) #1916 IRWIN JACOBS, 1700 SHORELINE DRIVE - VARIANCE Mabusth noted that James Jenson was present to represent Mr. Jacobs but he had to leave. However, the item could be tabled until the next meeting. is 11 . - MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 9, 1994 (#7) #1916 IRWIN JACOBS, 1700 SHORELINE DRIVE - VARIANCE (CONTINUED) It was moved by Mayor Callahan, seconded by Kelley, to table #1916 Variance for Irwin Jacobs at 1700 Shoreline Drive until the next meeting. Ayes 3, nays 0. ( * #8) #1917 FRANK AND MARTHA BENNETT, 315 TONKAWA ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 3421 It was moved by Mayor Callahan, seconded by Goetten, to adopt Resolution No. 3521 approving #1917 Conditional Use Permit for Frank and Martha Bennett at 315 Tonkawa Road. Ayes 3, nays 0. ( #9) #1920 PHILLIP OTTO, 4116 HIGHWOOD ROAD - VARIANCES It was moved by Mayor Callahan, seconded by Goetten, to table this item at the applicant's request. Ayes 3, Nays 0. ( * #10) #1922 ROBERT AND ELIZABETH NIELAMED, 1000 OLD CRYSTAL BAY ROAD SOUTH - PRELIMINARY SUBDIVISION - RESOLUTION NO. 3423 is It was moved by Mayor Callahan, seconded by Goetten, to adopt Resolution No. 3423 approving #1922 Preliminary Subdivision for Robert and Elizabeth Melamed at 1000 Old Crystal Bay Road South. Ayes 3, nays 0. ( * #11) #1923 ATELIER LESUEUR, INC., 2180 NORTH SHORE DRIVE - CONDITIONAL USE PERMIT - RESOLUTION NO. 3424 It was moved by Mayor Callahan, seconded by Goetten, to adopt Resolution No. 3424 approving #1923 Conditional Use Permit for Atelier LeSueur, Inc. at 2180 North Shore Drive. Ayes 3, nays 0. ( * #12) #1924 DON WINTER, 4620 NORTH ARM DRIVE - VARIANCES - RESOLUTION NO. 3425 It was moved by Mayor Callahan, seconded by Goetten, to adopt Resolution No. 3425 approving #1924 accessory structure footprint area and location variances for Don Winter at 4620 North Arm Drive. Ayes 3, nays 0. ( #13) REQUESTED REVISION TO 1994 JOINT USE DOCK LICENSE - SANDY BEACH • Gaffron gave the staff report and stated that staff recommended the number of slips be limited to five, as there were five cabins remaining on the property. Mr. Zuckman was present and k, MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 9, 1994 • ( #13) REQUESTED REVISION TO 1994 JOINT USE DOCK LICENSE - SANDY BEACH (CONTINUED) stated that if his co- tenant were to purchase a boat, being limited to only five slips would require that he find another slip elsewhere to keep his boat. He stated that he has a walkout apartment in the basement, and rents the upstairs. Mayor Callahan inquired if Mr. Zuckman were the owner of the property. and Mr. Zuckman responded that he was. Mayor Callahan then noted that it was within Mr. Zuckman's purview to require that the co- tenant not have a boat, and Mr. Zuckman responded that lie could do that. Goetten commented she recalled the City Council taking that into account when they granted the license, and she felt that the number of slips should be limited to the same number as the units on the property. Barrett felt that this was the intent of the ordinance, and it should be adhered to. Goetten moved, Kelley seconded, to limit the number of slips for Sandy Beach to five. Ayes 3, nays 0. ( #14) 1994 MARINA LICENSES FOR: SAILORS WORLD, NORTH SHORE MARINA, CRYSTAL BAY SERVICE, LAKESIDE INIARINA, AND MINNETONKA BOAT WORKS • Gaffron gave the staff report and stated that staff recommended approval of the marina licenses. Mayor Callahan commented that he was opposed to staff taking so much time to work with the marinas to obtain compliance, and suggested that perhaps compliance might be obtained by denying the marinas licenses. Gaffron responded that this had not worked in the past. He noted that the list included in the Council packet was for staff review, and not intended to be tied to the licenses for these establishments. Kelley stated that he felt that the Council should take a stand on this issue. Mayor Callahan stated lie understood that the marinas had complied with the seven required standards. Kelley stated he was not in favor of granting a license to any marina that did not have their tanks licensed. Gaffron responded that he believed that all the marinas had been or were in the process of becoming listed with the Pollution Control Agency. It was moved by Kelley, seconded by Goetten, to approve 1994 Marina Licenses for Sailors World, North Shore Marina, Crystal Bay Service, and Minnetonka Boat Works, subject to the seven operation standards. Ayes 3, nays 0. MAYOR /COUNCIL REPORT Mayor Callahan commented that he felt the City would benefit from staff not constantly monitoring marinas and he felt there were other things that could be of more use. • R MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 9, 1994 MAYOR /COUNCIL REPORT (CONTINUED) Mayor Callahan stated that he wished to discuss a number of items which were included in the City Administrator's information packet, but would wait until the full Council was present. Moorse stated that the City had received a letter from the Andover Landfill owners asking that the City pay it's share of the costs of cleaning up the landfill area. He stated that this was the second letter he had received, and he understood that it was becoming the practice of landfills to offer cities bargain prices to clean up landfills to which they may or may not have contributed, and threatening litigation if the cities do not help pay those cleanup costs. Moorse stated he had understood there was some legislation proposed which would assist the cities in this, but since the session had ended and nothing was enacted, he was unsure where they stood at present. Barrett stated that the City's current insurance policy completely excludes coverage for pollution control. He commented lie believed it almost always came down to negotiation of a settlement between the landfills and the cities involved. He also noted that since Popham Haik was representing two other contributors they would be unable to represent the City of Orono in this matter. Mayor Callahan requested a report from staff regarding what was occurring on Kelley Avenue. He also stated that he felt they should hold another meeting to discuss the park survey questions • because he did not feel that the proposed questions would provide the City with the information they were seeking. Discussion ensued regarding the proposed survey, and the Council felt that they should hold another work session to discuss it in depth. • ENGINEER'S REPORT There was no Engineer's Report. ( #15) 1994 SEAL COATING BID AWARD It was moved by Mayor Callahan, seconded by Goetten to award the 1994 Seal Coating Bid Award to Allied Blacktop in the amount of $36,277.50. Ayes 3, nays 0. ( #16) ESTABLISH WORK SESSION Mayor Callahan commented that since only three Councilmembers were present he felt this item should be deferred to a later time. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 9, 1994 ( * #17) EMPLOYMENT OF TEMPORARY EMPLOYEES AT GOLF COURSE It was moved by Mayor Callahan, seconded by Goetten, to approve the employment of Jeremiah Callaghan in the position of Groundskeeper helper at the rate of $6.00 per hour and Jack Peterson in the position of Starter /Counter helper at the rate of $5.50 per hour with employment to start no earlier than May 10, 1994 and to continue for a period not expected to exceed six months from the date of active employment. Ayes 3, nays 0. CITY ATTORNEY'S REPORT There was no City Attorney's report. ( * #18) LICENSES It was moved by Mayor Callahan, seconded by Goetten, to approve the following licenses: Gambling License One Day - July 30, 1994 Resolution No. 3426 Special Event Permit June 5 - 6:30 a.m. -noon Methodist Hospital Foundation H. Kahler 2725 Rainey Road Gear West Ski & Bike /State Bank of Long Lake Duathlon (bike and foot race) Garbage and Refuse Collector Blackowiak & Son Sanitation & Rolloff Service 1195 Sunnyfield Road North Mound Septic System Installers Site Evaluator /Designer ( * #19) BILLS Woodlake Sanitary Service, Inc. 9813 Flying Cloud Drive Eden Prairie Don's Backhoe & Excavating, Inc. Cologne Dave Perkins Contracting, Inc. Ramsey Don's Backhoe & Excavating, Inc. Cologne It was moved by Mayor Callahan, seconded by Goetten, to approve payment of the All Funds Account. Ayes 3, nays 0. • C7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 9, 1994 0 ADJOURNMENT It was moved by Mayor Callahan, seconded by Goetten to adjourn the meeting. The meeting adjourned at 10:38 p.m. ATTEST: Dorothy ?Vf—Pallin, City Clerk • .J E Edward J. Calla hi Jr., Mayor