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HomeMy WebLinkAbout01-27-1992 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 ROLL The Council met on the above date with the following members present: Mayor Barbara Peterson, Councilmembers Gabriel Jabbour, Edward Callahan, and J. Diann Goetten. Mary Butler was absent. The following represented the City staff: City Administrator Ron Moorse, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, Septic Manager Stephen Weckman, City Attorney Tom Barrett, and City Recorder Teri Naab. Mayor Peterson called the meeting to order at 7:00 P.M. ( #1) CONSENT AGENDA Jabbour removed Item #6. Callahan added Items #3 and 4, and removed Item #12. j Gaffron requested that Item #3 be left off the consent agenda. Mayor Peterson removed Item #2 and the home occupation license request of William Dickey from the license approvals. I It was moved by Jabbour, seconded by Goetten, to approve the Consent Agenda, with the exception of Items. #6 and 12, and with the addition of Item #4. Ayes 4, nays 0. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. ( #2) APPROVAL OF MINUTES Mayor Peterson noted on Page 13, It should read "Mayor Peterson newspaper ..." It was moved by Mayor Peterson, the minutes of the regular meet January 13, 1992. Ayes 4, nays ( #3) #1682 CHRISTINE BRICKLEY, 3262 NORTH SHORE DRIVE — VARIANCE — RESOLUTION #3064 second paragraph from the bottom, noted an article was in the Sun seconded by Callahan, to approve :1ng of the Orono Council held on 0. Christine Brickley was present for this application. i Moorse explained the Council conceptually approved a hardcover variance, but voted to deny a setback variance for the garage which was built prior to approval. 1 .. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 ZONING FILE #1682 — CONT. Gaffron noted the applicant requested to speak to Council regarding this issue. Brickley noted she had contacted the truss company and they did not recommend altering the trusses used in the garage. She stated she had a bid to complete the changes to comply with Council's request, which indicated the cost would be more than the original garage cost. She stated that she is seeking legal counsel. Brickley suggested the Council has treated her unfairly and she did not appreciate comments made in the past regarding her situation, and the fact that her property is next to the proposed boat launch and that maybe the DNR would be interested in purchasing her property. Jabbour apologized and stated no one on the Council meant to be rude. Callahan felt the comments about the boat launch were made pointing out that if, her property were to be next to a boat launch, perhaps they would not need to be as strict about enforcing the ordinances. He noted no one meant to be disrespectful and apologized if she felt that comments were intended that way. Brickley reiterated that she understood the Planning Commission to have given her authority to construct- the garage, and thought the only reason to appear before the Council was to fight for the overage in hardcover from the excess slab. Mayor Peterson pointed out that City staff, on two times, placed Stop Work Orders on the project. She suggested that after the first time Brickley should have made certain she was following the proper channels. Jabbour explained he had attended all the meetings of the Planning Commission and Council at which this issue was discussed. He noted the setback ordinance was established to ensure access by emergency vehicles and to protect neighboring properties from encroachment. He noted that every small property in Orono is just as important as the larger properties. Mayor Peterson reviewed that the notice sent to Brickley after the Planning Commission meeting states that the next meeting at which the application would be reviewed would be the next Council meeting. She pointed out that the Planning Commission is only an advisory board. She commented that there still has not been a building permit issued for this garage. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING ! HELD JANUARY 27, 1992 ZONING FILE #1682 — CONT. Jabbour reiterated that the garage has not been approved by the Building Department yet. It was moved by Callahan, seconded by Goetten, to adopt Resolution #3064 for Application #1682, Christine Brickley, 3262 North Shore Drive, approving a hardcover variance for the construction of a `garage. Ayes 4, nays 0. ( * #4) #1705 CHRISTOPHER SMITH,. 3650 CASCO AVENUE VARIANCE — RESOLUTION #3065 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3065 for Application #1705, Christopher Smith, 3650 Casco Avenue, for an average lakeshore setback variance to construct a new residence. Ayes 4, nays 0. ( * #5) #1707 JACK RHODE, 1690 SHADYWOOD ROAD, RENEWAL VARIANCE — RESOLUTION #3066 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3066, Application #1707 for Jack Rhode of 1690 Shadywood Road, approving a renewal variance for the reconstruction of the existing residence. Ayes 4, nays 0. ( #6) COMPREHENSIVE PLAN AMENDMENT #3 Jabbour suggested adding to the amendment the City's overall plan for Big Island. Callahan felt that if Big Island were added to this amendment, it may delay the approval by the Metropolitan Council of this amendment. Gaffron noted it would be inappropriate to include planning for Big Island within this amendment as this amendment strictly deals with the City's sewer policy plan. Moorse noted the Park Commission is requesting an update to the comprehensive park plan for the City. He suggested that Big Island be incorporated within that amendment. It was moved by Jabbour, seconded by Mayor Peterson, to grant F preliminary approval for Comprehensive Plan Amendment #3 and direct staff to submit the plan to adjacent cities for review and to the Metropolitan Council for approval. Ayes 4, nays 0. i 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 ( #7) SEPTIC ORDINANCE AMENDMENT 1 Moorse explained this amendment is an update and simplification of the septic ordinance. He explained the State has revised Its septic code and is now more compatible with Orono's ordinance, therefore Orono was able to drop some language from its code and reference State code. Several of the Councilmembers noted they did not receive the memo regarding this issue. It was moved-by Callahan, seconded by Jabbour, to table the issue until the next meeting. Ayes 4, nays 0. ( #8) PARK AND PLANNING COMMISSION APPLICANTS Jabbour suggested that the Council acknowledge the -years of service by Les Kelly on the Park Commission. Mayor Peterson suggested the Council interview Park Commission applicants at the Council's February 10th meeting. She directed staff to check with the Planning Commission members to see if there is a vacancy. Callahan suggested that since one member of the Planning Commission has already expressed an interest not to serve again, they should go ahead and interview candidates. Jabbour suggested they contact that person and let her know if she wishes to extend her term, the Council does not -need to interview her again. Mayor Peterson scheduled Planning Commission interviews for 1. February 24th. MAYOR /COUNCIL REPORT A. Mayor Peterson noted the Mayor of Long Lake has agreed to a joint meeting of, the Councils of Long Lake and Orono regarding Highway 12. , She asked members to check their calendars for possible meeting dates. B. Jabbour asked how the meeting went at the church. Mayor Peterson responded that it was a very informative meeting, well attended, and she urged all to attend the next upcoming meeting. C. Jabbour noted that only 1 of the 7 members showed up for the last Lake UseCommittee meeting. 4 „ MINUTES OF THE REGULAR ORONO COUNCIL" MEETING HELD JANUARY 27, 1992 MAYOR /COUNCIL REPORT D. Callahan mentioned � glneSthenCouncil from meeting packet�l' tan He Council which was inc Iud directed Moorse to draft a response to the form. E. Callahan noted the meetings held by the Minnesota Association of Soil and Water District and suggested a staff person attend those meetings. F. Callahan noted that the Metropolitan Council will be sending a request for input concerning regional parks. G. Goet ten explained at the last regarding 12, the Draft Scoping Document w as noted the DOT has not picked a preferred corridor as was hoped by all. She explained it may be 2 -3 years for an EIS statement. Scoping Document requests al I comments Goetten noted that the Draft to be submitted in written form, rather than verbalized. Jabbour felt that it may be closer to 5 years before a final decision is made. He also called attention to the absence of the DNR's comments regarding Highway 12.1n the Draft Scoping Document. ( *9) PAY REQUEST 1st & FINAL 1991 SEAL COATING it was moved by Jabbour, seconded by Goetten, to approve Pay Request #1st and Final , Ayest4e amount of $10,559.80 nays 0. ( #10) DNR PROPOSED LAKE ACCESS Moorse explained the DNR has eb sihment ofisacTask For ce to deve I op for the following: 1 ) th e stab I a comprehensive plan for Lake Minnetonka; 2) the purchase of Gay I e's Marina and propert i e e eastward property. thThet LMCD has property;-.and 3) the purchase of the S Y 1) they a written response to the DNR that states the following: support a support the establishment of the Task Force; 3) cooperative effort efforts of the feasibility NR to sobtain o funding Maxwell for that they support opposition to the purchase of the proposal; and 4) they are in Straley property. Gordon Kimbal I , DNR, was pre e onth tot- p meeting. H urchasetheStra explained ey prperty d i d get an extension on the P of 45 days. Jabbour asked that the Council divide this issue into two parts, the first concerned with the philosophy, and the second concerned with the actual mar i nw1 th those mar noted nas , Wbut wou d aIi.kee during discussions concerned part during the discussions on the philosophy. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 DNR PROPOSED LAKE ACCESS - CONT. Callahan noted he does not support the request for a grant application. Jabbour noted that In the past the City .has been delinquent in their Involvement with lake issues. It has become clear that the City must be Involved with these issues. The City has indicated to the DNR that they need a comprehensive plan for the Lake, and he felt that the City should be involved with this process. He felt the cities should be involved with the land use issues, the LMCD with the lake use, and the lakeshore owners with the aesthetics of the lake. He pointed out the LMLOA had signed a petition eliminating the City from this planning process. Jabbour explained the DNR's goal of 700 car /trailing parking spaces around the lake, and asked Kimball if he believed there would be xwell Bay, to which he agreed. He a landing established on Ma suggested they need to find creative ways to qualify existing parking spaces. Kimball explained that funding mechanisms are long -term and that is why they are requesting the grant application support at this time. ,- Jabbour noted that whatever happens in Orono will set a precedent for surrounding cities. He noted that Orono has very limited areas for boat launches. He also suggested that Orono should lead the pack with regards to this issue. Mayor Peterson asked if the DNR is assured they would be granted the funding, and asked if denied would the DNR still carry out the comprehensive study. Kimball noted they are not assured of this. He explained the portion of the study relating to Orono will probably be completed prior to the funding made available. Goette`n felt the main concern is a comprehensive plan for Lake Minnetonka.. She-pointed out the DNR d i d not inform the City of their Intentions with regards to this landing until it was almost too late for City input. She felt she would like to support the DNR, but wanted t_o be assured. that this issue would be studied properly. Neil Castagna, 1890 Shadywood Road, noted they have come a long way. He suggested that if the LMCD and DNR will be picking sites for launches, the City and the LMLOA should be Involved with those decisions. 6 r.. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992_, DNR PROPOSED LAKE ACCESS — CONT. Don Germanson, 245 West Point Road, Tonka Bay, pointed out that if the grant is not obtained for the upcoming year, they can always try the for next year. Kimball pointed out that the LCMR's funds may no longer be available in the future. He noted there are other sources of funding available and these sources look favorably upon joint efforts to meet natural resource programs. Norm Paurus, 2500 Casco Point Road, explained that .site specific areas need to be considered last in this process. He felt that the first part needs to be the comprehensive planning for the Lake, which has not even started. He stated there is no way this planning process can be completed within 45 days. Jabbour explained that the DNR does intent to purchase the Straley property. Callahan agreed with Paurus and Jabbour. He pointed out that the LMCD's shoreland regulations call for the LMCD to develop a comprehensive plan regarding Fake access for Lake Minnetonka. He pointed out that the DNR agreed to conditions of that plan. Callahan felt the DNR should not purchase property until the comprehensive plan is available. He felt-that the City shou I d only support the concept' of the DNR and the LMCD ' and all other Interested parties and entities to develop a comprehensive plan for Lake Minnetonka. He pointed out that he does 'not agree with any other parts of the proposal. Gene Stromen',` LMCD, noted the need for -a feas i b i I i ty study for' the Maxwell Bay area. He also felt they should proceed with the establishment of the Task Force for the development "of the comprehensive plan. He explained the request for funding may encompass more than just property within Orono and may be used over an extended period of time. , Callahan understood that this was a request for funding, and he explained 14r4. Kimball noted the studies would be completed prior to funding. He felt there was no point in dealing with funding now, as the studies will be completed.: Mayor Peterson asked i f the DNR wou I d supp I y the C i ty w i th a A etter guaranteeing after the feasibility study, if determined that the Maxwell" Bay site is inappropriate, that the Straley property will no longer be considered for such a proposal. .. VA MINUTES OF THE'REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 DNR PROPOSED LAKE ACCESS Kimball explained that if it is determined that the property is not needed for a launch, the property would be sold. However, the DNR has determined this property meets the criteria for a public access site. He noted they would be willing to put that in writing. Jabbour asked if the feasibility study for the Maxwell Bay area could be completed within the 45 day extension period. Kimball explained he would have to confer with other parties Involved on that matter. Jack Rhode, 3155 North Shore Drive, agreed with Paurus. He felt that the City should look to the DNR's lack of cooperation in the past regarding this issue, to see how they would proceed in the future. He felt the Straley site is totally inappropriate for a boat launch. Castagna noted there are other avenues to pursue to stop the boat launch. He felt a letter from the DNR would show a spirit of cooperation on their part. Jab'bour explained he is aware of• persons actively seeking other property for the DNR to purchase. ' He noted that the DNR is getting pressure from the Legislature to get something done on the lake. Kimball point out he is not aware of any additional sites the DNR is actively seeking for purchase. Callahan stated that by accepting this proposal, the Council is suggesting that the DNR not only purchase the Straley property, but continue purchasing property to the corner of the County Road 51- and'Tonkawa Road. He noted a system has been set up, requiring the input of 14 lakeshore cities and the LMCD to establish access sites on the Lake. Jabbour stated he just does not want the DNR to take residential property for lake access. Callahan stated they already have done just that. He felt they need to get other lakeshore cities to participate in this process. Kimball asked to clarify what the letter from the DNR should Include. 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 DNR PROPOSED LAKE ACCESS - CONT.- Mayor Peterson noted the letter should state that if the Straley is found to be extraneous to the overall proposal for the Lake, the property will be sold. Jabbour asked who would decide if the property is needed. Stromen explained the Task Force would decide on this matter. He also noted that the management plan cites the DNR as the lead agency in this matter. It was moved by Callahan, that the Council support the establishment of the Task Force by the LMCD, which will include the other 14 member cities, the LMLOA and any other interested parties, to study the lake access issue, and that the Council exclude support for the grant application to fund the purchase of property for access and not support the purchase of the Straley property for a boat launch. There was not a second to this motion. Moorse asked the Council if the resolution were changed to not be site specific, would they support it. i Ca I I ahan noted that i f i n the future i t was determined that funding was needed, they would then deal with that issue. He felt the DNR i was established for such purpose and should not need additional funding to do their job. He noted this study was the reason for the establishment of the DNR. Mayor Peterson asked what the grant money would be used for. Kimball noted the money would be used for the purchase of property for public access. He asked if the resolution allows the City to participate in the feasibility study for the Maxwell Bay area. Callahan stated .it allows for the City to participate in the process for any public access within Orono. It was moved by Mayor Peterson, seconded by Jabbour, to support the establishment of a Task Force to be made up of LMCD, DNR and any other cities and entities with an interest in this issue, to develop a comprehensive plan for Lake Minnetonka; to support the grant application which is written non -site specific; subject to the DNR's submittal to the City of Orono of a written guarantee that the Straley property will not be used as a boat launch if determined by the Task Force to be extraneous to the overall comprehensive plan for Lake Minnetonka. Ayes 3, nays 1. Callahan j voted nay. 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 DNR PROPOSED LAKE ACCESS - CONT. Kimball requested a copy of everything the Council received regarding this issue for this meeting. He also requested anything in the future with regards to this issue. Callahan noted the Council is supporting the grant application even if no one has the slightest idea what property will be bought with the funds. Kimball stated this money may be used to purchase property determined necessary from the feasibility study. Moorse expIained.the feasibility study would be different than the comprehensive plan developed by the Task Force. Jabbour noted that the funding may be within some other city around the lake. Callahan asked what chance the Council thought the funding would be used anywhere other than for the Straley property. ( *11) WORK SESSION 1/20/92 It was moved by Jabbour, seconded by Goetten, to accept the memo regarding the Work Session 1/30/92... Ayes 4, nays 6. *-( #12) SEASONAL WEIGHT RESTRICTIONS - RESOLUTION #3067 Callahan asked If weight restrictions would delay the .construction of the new City facilities. Moorse i nd i cated, i.t would not. It was moved.by Callahan, seconded by Mayor Peterson, to adopt Resolution #3067 establishing'the 1992 Weight{ Limits for City streets from March 15, 1992 through May 15, 1992: Ayes 4, nays 0. *( #13) GOLF COURSE EQUIPMENT PURCHASE It was moved by Jabbour, seconded by Goetten, to award the bid for one (1) 1/2 -ton four wheel drive pickup for the golf course to Superior Ford for an amount of $13,453.00. Ayes 4, nays 0. ( #14) 1992 INSURANCE RENEWALS AND AGENT OF RECORD .� It was moved by Jabbour, seconded by Goetten, to award the insurances effective January 1, 1992 to the League of Minnesota Cities Insurance Trust for multi -peril and excess liability $98,122; to United Fire and casualty for surety bonds $1,171; to Western National for boilers $314; to St. Paul Companies for computers $520; and to appoint Mr. Duweyn Carson, Apple Valley Agency, as Insurance Agent of. Record for 1992 at a fee not to exceed $7,000, including commissions earned through policy premiums paid by the City. Ayes 4, nays 0. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 ( #15) LICENSES Moorse explained William Dickey is operating a consulting business out of his home at 2645 Watertown Road. He asked the Council to clarify approved activities to take place at this residence. Mr. and Mrs. William Dickey were present. Mr. Dickey explained they are asking to be allowed to store equipment in 3 stalls of the former stable. He noted the equipment being stored is not of a hazardous nature. All equipment is decontaminated prior to coming out of the area which had the asbestos removal. He noted there is absolutely no storage of asbestos waste on the property, and estimated that approximately 5% of the equipment used in the business will be stored in the stable. r Callahan asked if daily deliveries will be made to the residence. Dickey clarified that a delivery may ;be made 'approximately once every other month, and there will not be contractors calling at the residence. Mabusth explained this Issue was brought up because of phone calls by residents and the newspaper. It was moved by Jabbour, seconded by Goetten, to grant a home occupation license to William Dickey allowing the management consultant phase of the Asbestos Control Management, Inc. operation and to allow storage of a minimal amount of equipment used in the business to be stored in the former stable . Ayes 4,'nays 0: It was moved by Jabbour, seconded by Goetten, to approve the licenses as follows: Cigarette Licenses: Wayzata Country Cjub, 200 Wayzata Blvd Jimmie's Inc., 3380 Shoreline Drive O'Sullivans, 2420 Shadywood Road Orono Golf Course, 265 Orono Orchard Road: Rick's Super Valu, 3333 Shoreline Drive Navarre Lanes, 3425 Shoreline Drive Navarre Liquors Inc., 3421 Shoreline Drive Crystal Bay Service, 3398 North Shore Drive Keaveny's Navarre Drug, 3425 Shoreline Drive Navarre Amoco, 3360 Shoreline Drive Orono Shopping Center, 2160 Wayzata Blvd t 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 LICENSES — CONT. Residential Kennel License: Ross Nathanson, 2420 Countryside Drive Ayes 4, nays 0. ( * #16) BILLS It was moved by Jabbour, seconded by Goetten, to approve payment of the All Funds Account. Ayes 4, nays 0. EXECUTIVE SESSION At 9:03 p.m., City Attorney Barrett requested that Council adjourn to an Executive Session for the purpose of discussing pending litigation. ADJOURNMENT It was moved by-Jabbour, seconded by Callahan, to adjourn the regular Council meeting at 9:10 p.m. Ayes 4, nays 0. ATTdi : M�/ ' allin,'City Clerk Barbara A. Peterson, Mayor_ — \- i0