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HomeMy WebLinkAbout02-22-1993 Council Minutesok .1* MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 22, 1993 ROLL The Council met on the above date with the following members present: Acting Mayor Goetten, Counc i I members Charles Kelley, JoEllen Hurr and Gabriel Jabbour. Mayor Edward Callahan was absent. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Building & Zoning Administrator Jeanne Mabusth, Septic Manager Stephen Weckman, City Attorney Kevin Staunton, and City Recorder Teri Naab. Acting Mayor Goetten called the meeting to order at 7:30 P.M. ( #1) CONSENT AGENDA Jabbour added Items #3, 4, 6 and 7. Acting Mayor Goetten removed Item #2. It was moved by Jabbour, seconded by Ke I I ey, to approve the Consent Agenda as amended. Ayes 3, nays 0. Goetten abstained. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. ( #2) APPROVAL OF MINUTES Acting Mayor Goetten asked that Jan Haugen's name be corrected on Page 12. It was moved by Jabbour, seconded by Hurr, to approve the minutes of the regular meeting of the Council held on February 8, 1993. Ayes 4 nays 0. PARK COMMISSION COMMENTS Susan Wilson was present to explain the Park Commission's request. She said they wish to expand Summit Park beach area by 15' westward, which will involve the removal of one willow tree. They propose adding new buoys and maintaining the existing dock. The buoys will cost $1,700 and the additional sand $240, to be paid for from Park Dedication Funds. Jabbour asked if a variance will be needed for the removal of the tree within 75' of the shoreline of Lake Minnetonka. Mabusth said a permit will be required, to be issued by the staff. The additional sand blanket should be approved by the DNR. • Gerhardson noted the sand will only be dumped on the shore. 1 Aft MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 22, 1993 PARK COMMISSION COMMENTS - CONT. Hurr asked about the dock use and the liability of such. Wilson stated the dock is used to jump off and currently the City maintains three beaches with a dock. Acting Mayor Goetten inquired about parking. Wilson stated the Park Commission felt the parking is adequate. She explained the Commission also requests authorization to install a 6 -place canoe rack on the eastern end of the property at the request of several citizens. The plans and conditions presented are based on those established and used by Plymouth. Acting Mayor Goetten asked if the rack will be visible from the road. Wilson said it will be quite hidden. She indicated the Commission recommends the City Attorney review the proposed conditions and criteria. Both improvements are scheduled for the 1993 spring /summer season, and the canoe rack rental will be reviewed after one season. Hurr asked if there is room for additional racks. Wilson was unsure that there was. room or that the Commission desired additional racks. It was moved by Hurr, seconded by Jabbour, to support the recommendation of the Park Commission and authorize the expansion of Summit Park beach area, and the installation of a 6 -place canoe rack at Summit Park, subject to review after one year, both to be paid for from Park Dedication Funds. Ayes 4, nays 0. LAKE MINNETONKA CONSERVATION DISTRICT Hurr reported the Board will meet on Wednesday, February 24th. Scheduled is a public hearing for the West Point Homeowners' Association requesting a multiple dock license in the City of Tonka Bay, within the limits of the LMCD ordinance. She reported the Committee's motion to make buoys comply with the polystyrene ordinance deadlines did not pass. She said Lakeside Marina is advertising boat launching facilities, which is in violation of the LMCD regulations. Jabbour inquired about covered canopies and the LMCD restrictions on such. E • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 22, 1993 LMCD COMMENTS - CONT. Hurr explained they are permitted, but have greater setbacks than docks. Jabbour suggested the LMCD representative relay to the LMCD's Committee Orono's position that if polystyrene is not good for the Lake, it is not good for anyone putting it into the Lake. Hurr said many feel that the buoys are already encased, but she questioned that fact. It was moved by Jabbour, seconded by Acting Mayor Goetten, to direct the LMCD representative to state the inconsistencies within the ordinance regarding enforcement of removal of polystyrene. Ayes 4, nays 0. PLANNING COMMISSION COMMENTS There were no comments. • PUBLIC COMMENTS There were no comments. • ZONING ADMINISTRATOR'S REPORT ( * #3) #1.768/ #1786 WILLIAM & RHONDA OMLIE, 1860 SHADYWOOD ROAD - CONDITIONAL USE PERMIT /VARIANCE - RESOLUTION #3236 It was moved by Jabbour, seconded by Kelley, to adopt Resolution #3236 for Dr. William & Rhonda Omlie, 1860 Shadywood Road, approving a variance to allow excess hardcover within the 75 -250' zone, and denying a conditional use permit to allow the filling of approximately 300 cubic yards. Ayes 3, nays 0. Goetten abstained. ( * #4) #1778/ #1779 ANDREW GOETTEN, 1385 FOX STREET - SPECIAL LOT COMBINATION - APPROVAL OF LANGUAGE It was moved by Jabbour, seconded by Kelley, to approve the language of the Special Lot Combination Agreement for Andrew Goetten, 1385 Fox Street, which was required as a condition of preliminary plat approval per Resolution #3224. Ayes 3, nays 0. Goetten abstained. 3 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD FEBRUARY 22, 1993 ( #5) #1797 TROY ANDERSON, 1490 LONG LAKE BOULEVARD - VARIANCE - RESOLUTION #3237 Mr. Anderson was present. Weckman explained this is a request to allow expansion of the existing residence by adding a second story within a non - conforming side setback. The property is within the limits for lot coverage and hardcover. The Planning Commission voted to recommend the applicant provide screening along the west property line. The applicant proposes planting along the lot line 8 to 10' tall pyramidal arborvitae, which will grow 6 to 8" per year. Anderson noted the addition is needed as the house only has one bedroom, and this will add two more. He said he has discussed the proposed screening with the neighbor to the west, who seems agreeable with the plan. Jabbour felt they should not place a required height on the trees to be planted. Hurr felt they should be at least 6' tall. • Kelley felt if the variance is to be granted, it is the least the applicant can do to screen it from the most affected property owner. Weckman reported at the last meeting with the applicant and the adjacent property owner, it was understood that the applicant would plant trees 8 to 10' tall. It was moved by Hurr, seconded by Kelley, to adopt Resolution #3237 for Application #1797, Troy Anderson, 1490 Long Lake Boulevard, approving a side setback variance to allow the expansion of the existing residence by adding a second story. Ayes 4, nays 0. ( * #6) #1798 FRED & BARBARA RYAN, 1345 NORTH ARM DRIVE - VACATION - RESOLUTION #3238 It was moved by Jabbour, seconded by Kelley, to adopt Resolution #3238 for Application #1798, Fred and Barbara Ryan, 1345 North Arm Drive, vacating an unused portion of Forest Boulevard within the plat of Saga Hill Revised. Ayes 3, nays 0. Goetten abstained. is in C C7 • IV MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 22, 1993 ( * #7) #1799 ALBERT & SALLY HANSER, 1685 FOX STREET - CONDITIONAL USE PERMIT - RESOLUTION #3239 It was moved by Jabbour, seconded by Kelley, to adopt Resolution #3239 for Application #1799 Albert and Sally Hanser, 1685 Fox Street, granting a conditional use permit to allow the excavation of a pond, and approval to perform certain land alterations within the drainage easement. Ayes 3, nays 0. Goetten abstained. ( #8) #1801 E.W. BLANCH COMPANY, 2505 OLD BEACH ROAD - VARIANCE RESOLUTION #3240 Shawn O'Laughlin was present. Mabusth explained the applicant proposes a 2 1/2 story residence with a mansard roof that requires a height variance of 4'10 ". She reviewed the hardships as presented in the memo. She said if the roof were gabled, the structure would meet the height allowance of 30'. The property abuts the FWBI's wetland area and will have no impact on adjacent properties. This is the first variance requested to the newly adopted height ordinance. It was moved by Jabbour, seconded by Kelley, adopting Resolution #3240 for Application #1801 for E. W. Blanch Company, 2505 Old Beach Road, approving a variance to permit the construction of a residence that will be 34'10" in height where only a 30' height is allowed. Ayes 3, nays 0. Hurr abstained. LONG LAKE FIRE DEPARTMENT REPORT Rick Perry, Fire Chief, reported he has sent the City a general information report of fire calls in the month of January and will continue to do so on a monthly basis. MAYOR /COUNCIL REPORT A) Acting Mayor Goetten advised of the upcoming Highway 12 Corridor meetings: Technical Committee meeting, March 2nd, Delano City Hail at 2:00 p.m.; Citizens Committee meeting, March 2, Maple Plain City Hall at 4:00 p.m.; and Policy Committee meeting, March 3rd, Maple Plain City Hall at 5:30 p.m. She said the meetings are scheduled to review the decision process, and added MnDot has started the EIS process. B) Acting Mayor Goetten reported the Hennepin County Commissioners will hold a meeting at Orono City Hall on March 30th from 7:00 to 9:30 p.m. t•1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING . HELD FEBRUARY 22, 1993 MAYOR /COUNCIL REPORT — CONT. C) Jabbour requested staff provide Council with a status report on pending issues or status of directives by Council. ENGINEER'S REPORT ( #9) REQUEST TO AUTHORIZE HORIZONS INC. TO PROCEED WITH TOPOGRAPHIC MAPPING WORK Moorse explained this request is to finish the topographic mapping of the City. It was initially estimated to cost approximately one- -third more. Acting Mayor Goetten felt Big Island should be included. Mabusth stated copies of the mapping are sold for $10.00 per acre. She sai d th i s i s the f i rst step i n the surface water management plan. Jabbour asked that staff contact MnDot to let them know the information will be available so it will not have to be repeated • in the corridor study. It was moved by Hurr, seconded by Kelley, to authorize Horizons Inc. to proceed with topographic mapping work of the City, including Big Island, for an amount not to exceed $34,640.00. Ayes 4, nays 0. CITY ADMINISTRATOR'S REPORT ( #10) DECLARATION OF VOLUNTEER OF AMERICA WEEK — RESOLUTION #3241 It was moved by Hurr, seconded by Jabbour, to adopt Resolution #3241 declaring Volunteers of America Week to be March 7 through 14, 1993. Ayes 4, nays 0. ( #11) REVIEW OF CURRENT CIGARETTE ORDINANCE REGARDING VENDING MACHINE SALES Moorse noted this review was initiated in response to a request from Mr. Holtz to reconsider allowing vending machines in liquor establishments. Kelley said he is in favor of less regulations, and doesn't see this as a problem as minors are prohibited from the establishment. Jabbour concurred. E C7 r ,IP • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 22, 1993 CIGARETTE ORDINANCE - CONT. Acting Mayor Goetten felt the City should take a leadership role and not allow the machines. She felt they have made a statement by declaring the City facilities campus no smoking and should continue the effort. Jabbour agreed, but added it is the character of a bar to sell cigarettes. He added this is a revenue generating portion of their operation and the City should not impose an undue hardship. Acting Mayor Goetten said the machines should be placed somewhere in view of an employee and totally within the establishment. Holtz said his machine will be placed 20' from the door and visible by the bartender. It was moved by Hurr, seconded by Ke 1 I ey, to d i rect staff to mod i f the current cigarette ordinance regarding vending machine sales, allowing such machines in liquor establishments where there is a minimum age required by law, subject to the machine being in view • of employees of the establishment and within ' of the doorway. She suggested staff recommend a minimum number of feet from the doorway. Ayes 3, nays 1. Goetten voted nay. • ( #12) CIGARETTE SALES AT MUNICIPAL GOLF COURSES Moorse noted staff does not know how the prohibition of cigarette sales would affect the amount of play. Jabbour felt it inappropriate to prohibit the sale of cigarettes in a bar but permit it at a public golf course. Kelley felt it is not appropriate to sell cigarettes at a public course where youth are present. He felt they should try to stimulate youth activities without temptations. It was moved by Hurr, seconded by Jabbour, to prohibit the sale of cigarettes at the Orono Golf Course, carrying through on their established policy of having a smoke -free campus. Ayes 4, nays 0. Jabbour stated he is not on a crusade to stop smoking, but feels it is wrong for the City to derive profit from the sale of such. Hurr suggested they review the policy on smoking in City -owned vehicles. 7 IF MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD FEBRUARY 22, 1993 ( #13) CITY HALL & PUBLIC WORKS BUILDINGS APPLICATION & CERTIFICATE OF PAYMENT #12 Moorse clarified that the construction manager has authorize three subcontractors to be paid below the 10% retainage. Kelley asked who is responsible for the final inspection of the project. Moorse explained inspections are conducted by City staff, the construction manager, and the architect. The architect will do the final inspection and develop a punch list of items to be redone or fixed. Gerhardson noted Department Heads also review this list. Jabbour cautioned staff not to over -ride or direct the architect in any way. Hurr suggested it would be easier to sign off on the entire project at one time. She asked the criteria for releasing retainage. Moorse stated the criteria is stated in each contract, and many of • these contracts are smaller and have been done for months. It was moved by Kelley, seconded by Jabbour, to approve City Hall and Pubic Works Buildings Architect's Application and Certificate for Payment #12 in the amount of $146,311.05, as presented. Ayes 4, nays 0. ( #14) PUBLIC WORKS VEHICLE SERVICE EQUIPMENT APPLICATION & CERTIFICATE #3 /FINAL It was moved by Hurr, seconded by Acting Mayor Goetten, to approve Architect's Application and Certificate for Payment #3 /Final for vehicle service equipment, in the total amount of $8,344.83 to Zahl Equipment Company. Ayes 4, nays 0. Kelley inquired about City staff doing maintenance on City -owned vehicles or police squad cars. Gerhardson stated staff would perform general maintenance and will be reviewing possible service to squad cars in the coming year. ( 015) ESTABLISH PUBLIC HEARING DATE FOR YEAR XIX CDBG PROGRAM It was moved by Acting Mayor Goetten, seconded by Kelley, to establish a public hearing date for Year XIX CDBG Program for March 22, 1993 at 7:30 p.m., and to authorize publication of a partial list of eligible projects. Ayes 4, nays 0. • 8 •. t. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 22, 1993 CITY ATTORNEY'S REPORT There was no report. ( * #17) LICENSES It was moved by Jabbour, seconded by Kelley, to approve the following license: Kennel License: Kenneth & Karen Rolland, 4119 Oak Street Ayes 3, nays 0. Goetten abstained. ( * #18) BILLS It was moved by Jabbour, seconded by Kelley, to approve payment of the All Funds Account. Ayes 3, nays 0. Goetten abstained. ADJOURNMENT It was moved by Jabbour, seconded by Hurr, to adjourn the regular Orono City Council meeting at 8:50 p.m. Ayes 4, nays 0. Hallin, City ClerK J,_,Olann Goetten, Acting Mayor 91