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HomeMy WebLinkAbout04-26-1993 Council Minutest C: MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 26, 1993 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers J. Diann Goetten, Gabriel Jabbour, Charles Kelley and JoEllen Hurr. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Zoning Administrator Jeanne Mabusth, City Engineer Glenn Cook, City Attorney Kevin Staunton, and City Recorder Teri Naab. Mayor Callahan called the meeting to order at 7:30 P.M. ( #1) CONSENT AGENDA Kelley added Item #16. It was moved by Jabbour, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 5, nays 0. Motions for all items adopted by consent agenda will be included is in the minutes in their respective numerical order. Mayor Callahan read the resolutions proclaiming Older Americans Month and a resolution proclaiming Westonka Senior Center Week May 3 -7. He congratulated the Westonka Senior Center and the Tamarack Senior Center on their recognition. Goetten noted she had recently attended an event where both organizations were present, at which she had an enjoyable afternoon. She said she was very thankful for their many hours of service to the Community. ( * #2) APPROVAL OF MINUTES It was moved by Jabbour, seconded by Goetten, to approve the minutes of the regular Council meeting held April 12, 1993. Ayes 5, nays 0. LAKE MINNETONKA CONSERVATION DISTRICT Hurr reported the LMCD has funded a boating study, which indicates usage is down from 1986 and 1987, but similar to 1984. Goetten felt that may be due to the impact of the drought. Jabbour felt it was mostly due to the colder weather last summer • and economic issues. 1 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 26, 1993 LMCD REPORT — CONT. Kelley asked if the study includes a survey of users of the public access and where they came from. Hurr noted the study would indicate within a certain mileage where users came from. Jabbour reported the fishing contest was held last weekend and there were 88 boats parking on County and City streets, 21 boats in Gayles Marina, and 73 parked at North Arm landing. He presented pictures of garbage left at the landing, and felt the County should replace the garbage containers that were removed this year. He suggested the City remove the trash and bill the County. Kelley noted the issue of garbage containers has been brought up with regard to the Maxwell Bay landing. Jabbour stated he knows there is a lot of abuse with people dumping • garbage from home at public locations, but felt that it was their responsibility to provide areas for disposal at public locations. Goetten noted this issue has been discussed at the Lake Use Committee meetings and some felt there should be containers. She said she also fe I t they should provide a container for the m i I fo i I removed from boats and trailers. She suggested monitoring the situation at the landing this summer to determine how they wish to handle the situation at Maxwell Bay. Jabbour suggested providing collars on the containers not allowing larger items to be dumped in. Hurr felt items too large would just be left next to the container. She felt they should monitor the situation of no garbage cans for one year before making a decision. Kelley suggested removing the can for recyclables also. Hurr agreed that would be best. Mayor Callahan directed staff to contact the County to have the trash removed from the landing. Jabbour agreed that they should monitor the situation, and if it does not get better, replace garbage containers at the public • landing areas. 2 CJ is MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 26, 1993 LMCD REPORT - CONT. Jabbour reported he has not received a response to his letter sent to LMCD members discussing Orono's concerns. Mayor Callahan reported at a Metropolitan Council meeting he overheard the Park Board asking for approval of property for the new park. In the proposal one paragraph contained language similar to such, "not prepared to handle boating" and "the Park Board and the LMCD agreed to reduce the number of parking spaces from 100 to 80, reducing anticipated boat visitors from 40,000 to 33,000 to the park ". He inquired about the agreement between the Park Board and the LMCD and the statement that they are not prepared to handle boating. Hurr noted the LMCD has not approved any such agreement and she has not seen any proposals for docks. ZONING ADMINISTRATOR'S REPORT ( #3) #1808 JAMES ABRAHAMSON, 4630 TONKAVIEW LANE - VARIANCE - RESOLUTION #3272 Mr. and Mrs. Abrahamson were present. Mabusth explained the applicant seeks an area variance as the property is in a one acre zoning district and this property contains .74 acres. There are houses located on the lots to the east and north. During an earlier variance review, the City developed an access easement to serve this property. The proposed residence meets all required setbacks. Hurr noted an error on Page 1 of the resolution indicating there is additional land available. Mabusth said that had been corrected. Abrahamson questioned the address. Mabusth stated the address has been changed to reflect a Tonkaview Lane address. It was moved by Hurr, seconded by Goetten, to adopt Resolution is #3272 for Application #1808 James Abrahamson, 4630 Tonkaview,Lane, approving an area variance to allow construction of a new residence. Ayes 5, nays 0. 3 C7 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 26, 1993 ( #4) #1809 DANIEL AND BARBARA HOFFMAN, 1135 HERITAGE LANE - VARIANCES - RESOLUTION #3273 Mr. and Mrs. Hoffman were present. Mabusth explained the applicants seek setback variances to reconstruct their home which was destroyed by fire. All lots in this development are substandard in size, similar to this lot. The new residence will be placed at the same setbacks as the former residence. The proposal is well below the hardcover limitations. It was moved by Goetten, seconded by Jabbour, to adopt Resolution #3273 for Application #1809 Daniel and Barbara Hoffman, 1135 Heritage Lane, approving setback variances to construct a new residence. Ayes 5, nays 0. ( #5) #1813 LEONARD NISKA, 2304/2308 SHADYWOOD ROAD - SUBDIVISION OF PRIVATE EASEMENT - RESOLUTION #3274 Mabusth explained the original application was presented as an • easement request in an attempt to resolve a 7" encroachment of the corner of the residence. All conditions of a previous conditional use permit approval have been met. The Planning Commission was not comfortable with a permanent easement, so they strongly encouraged the applicant to consider a lot line rearrangement. The applicant and the adjacent property owner have agreed to the equal trading of property. Mayor Callahan asked if this includes the approval of the setback variance. Mabusth stated the approval resolution does not address the variance nor did the Planning Commission recommendation address the issue of a setback variance. Staunton inquired if there was variance approval for the construction of the residence. Mabusth stated the residence was constructed prior to zoning standards. Jabbour felt the variance should also be addressed at this time. It was moved by Mayor Callahan, seconded by Hurr, to adopt Resolution #3274 for Application #1813 Leonard Niska, 2304/2308 • Shadywood Road, for a subdivision of a lot line rearrangement and setback variance. Ayes 5, nays 0. 4 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 26, 1993 ( * #6) MARINA LICENSE It was moved by Jabbour, seconded by Goetten, to accept the information presented regarding 1993 Marina License Applications. Ayes 5, nays 0. ( * #7) COMPREHENSIVE PLAN AMENDMENT #3 UPDATE It was moved by Jabbour, seconded by Goetten, to accept the information presented on the Comprehensive Plan Amendment No. 3. Ayes 5, nays 0. ( * #8) CITY OF MEDINA - SHORELAND FLEXIBILITY REQUEST It was moved by Jabbour, seconded by Goetten, to direct staff to send a brief letter to the City of Medina and the DNR indicating that Orono has no problems with Medina's request for flexibility from the State -wide Shoreland Standards. Ayes 5, nays 0. • ( * #9) SHORELAND ORDINANCES UPDATE It was moved by Jabbour, seconded by Goetten, to accept the information presented regarding Shoreland Ordinances Update. Ayes 5, nays 0. Hurr reported ground water and other environmental issues may be channeled through the Environmental Committee, which she chairs. Kelley asked what types of issues the Environment Committee deals with. Hurr replied mil foil and water quality. She reported on the water quality testing program. The information gathered will be fed into the PCA's computer system. Jabbour found it exciting to see such a diversity of interested parties in this program. MAYOR /COUNCIL REPORT A) Mayor Callahan expressed regret that Jeff Johnson has submitted his resignation from the Planning Commission. B) Mayor Callahan suggested mailing or publishing the letter from the Lake Minnetonka Cable Commission explaining rates. • 5 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 26, 1993 MAYOR /COUNCIL REPORT - CONT. C) Mayor Callahan reported that the Policy Committee held a meeting with MnDot to discuss the status of MnDot's activities relating to the project. It was reported that a corridor selection would not be reached until mid -1995. MnDot 's representative noted the Land Use and Economic Impact Study has not even begun, and MnDOT would hire'- a consultant to do so. He indicated MnDot presented a description of the bid to be sent out and Orono representatives added to that description focusing on the actual results of the development along each corridor. He noted the Mayor of Long Lake .generally supported Orono Is position. At the next meeting they wilt- again review the refined spec,ifications of the bid. Kelley asked who the consultant is that the Land Use Committee would be hiring, and expressed concern that it might be a former MnDot employee, which would not be in the best interest of the City. Mayor Callahan judged the bids would be sent to various people and • they would have some input on the selection. ENGINEER'S REPORT ( #10) APPROVAL OF PLANS - BIKE TRAIL Mayor Callahan understood they would not proceed with this project until Council held a work session, because of the high cost of approximately $300,000 on a trail which normally would cost much less. Jabbour noted the engineering plans are acceptable, but he would like to see the contract with Hennepin Parks. Kelley reiterated he would like to have some assurances that all the trees along Old Crystal Bay Road between Highway 12 and Watertown Road will not be cleared. He said he would like to see the trail staked in this area. It was moved by Mayor Callahan, seconded by Goetten, to table this matter until a work session has been held. Cook suggested prior to the work session taking a tour of the proposed route. Mayor Callahan reported he is concerned about the curb and gutter • aspect of the proposal. • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 26, 1993 BIKE TRAIL - CONT. Flint noted the issues to be amended in the contract are not substantive, and indicated the urgency to proceed with this project. A work session was scheduled for Wednesday, May 5, 1993 at 7:30 a.m. with a tour to be taken at the beginning of the session. Vote: Ayes 5, nays 0. CITY ADMINISTRATOR'S REPORT ( #11) APPOINTMENT TO PARK COMMISSION Jabbour reported he has worked with Jim White with regard to a park on Big Island and felt White believes in Orono's philosophy, and even tried to impress that philosophy upon Hennepin Parks with this issue. He felt some members may feel White is too ambitious. • Hurr felt White would be a negative with regard to Hennepin Parks, Kelley felt he was a bit ambitious. Goetten stated White has been very helpful to the City when dealing with Hennepin Parks, and she thought that was important. She felt both candidates were good. Kelley noted the difference between philosophies between the City and County. Jabbour noted this is a difficult decision because so many qualified candidates have applied. Hurr felt Orono's Park Commission is rather low keyed. She indicated the perception of Hennepin Parks around the lake is negative. It was moved by Mayor Callahan, seconded by Goetten, to appoint James White to the Park Commission to expire on December 31, 1994. Ayes 3, nays 2. Hurr and Kelley voted nay. ( * #12) PROCLAMATION - MAY AS OLDER AMERICANS MONTH - RESOLUTION #3275 is It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3275 proclaiming Older Americans Month. Ayes 5, nays 0. N MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 26, 1993 ( * #13) PROCLAMATION - WESTONKA SENIOR CENTER WEEK, MAY 3 -7, 1993 - RESOLUTION #3276 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3276 proclaiming Westonka Senior Center Week May 3 -7, 1993. Ayes 5, nays 0. ( * #14) SALARY REVIEW - LIN VEE DEPUTY CLERK It was moved by Jabbour, seconded by Goetten, to adjust Lin Vee's Level to 4, Step IV ($12.683/hr) effective April 23, 1993. Ayes 5, nays 0. ( * #15) BOARD OF REVIEW - THURSDAY, APRIL 29, 1993 It was moved by Jabbour, seconded by Goetten, to accept the information presented regarding the Board of Review. Ayes 5, nays 0. ( * #16) ESTABLISH A WORK SESSION TO REVIEW PLANNING COMMISSION APPLICANTS It was moved by Jabbour, seconded by Goetten, to schedule a work session to review Planning Commission applicants for Thursday, April 29 at 7:30 a.m. Ayes 5, nays 0. ( #17) ESTABLISH A WORK SESSION TO MEET WITH THE HIGHWAY 12 MEDIATOR A work session to meet with the Highway 12 mediator was scheduled for Thursday, May 6, 1993 at 3:30 p.m. ( * #18) LICENSES It was moved by Jabbour, seconded by Goetten, to approve the following licenses: Septic System Installers: Garbage Haulers: Ayes 5, nays 0. 8 Hayes Excavating McCarty Water & Waste Blackowiak & Son Sanitation Rolloff Service Cleanway Sanitation, Inc. • LJ n U .. LJ MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD APRIL 26, 1993 ( * #19) BILLS It was moved by Jabbour, seconded by Goetten, to approve payment of the All Funds Account. Ayes 5, nay 0. ADJOURNMENT It was moved by Jabbour, seconded by Goetten, to adjourn the regular Orono City Council at 8:26 p.m. Edward J. Cal ahan, Jr., May r AT1 ST: • • 0