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HomeMy WebLinkAbout04-13-1992 Council MinutesZ ry MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 ROLL The Council met on the above date with the following members present: Mayor Barbara Peterson, Councilmembers Gabriel Jabbour, Edward Callahan, J. Diann Goetten and Mary Butler. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Tom Barrett, City Engineer Glenn Cook, and City Recorder Teri Naab. Candace Rowlette was present to represent the Planning Commission. Mayor Peterson called the meeting to order at 7:00 P.M. OATH OF OFFICE Moorse administered the Oath of Office to Police Officer David McNichols and welcomed him to the Orono Police Department. ( #1) CONSENT AGENDA It was moved by Butler, seconded by Mayor Peterson, to approve the Consent Agenda. Ayes 5, nays 0. Motions for ail items adopted by consent agenda will be included In the minutes in their respective numerical order. ( * #2) APPROVAL OF MINUTES It was moved by Butler, seconded by Mayor Peterson, to approve the minutes of the regular meeting of the Orono Council held on March 23, 1992. Ayes 5, nays 0. ( #3) CABLE COMMISSION COMMENTS — RESOLUTION #3103 James Daniels and Tim Pattrin were present. Pattrin thanked the Council for sponsoring the DARE program. He went on to announce that Jennifer Watts has resigned as Cable Commission Administrator and James Daniels has been hired in her place. Pattrin explained that Daniels has notified the Executive Board regarding a-misleading monthly rate. He explained that the franchise fee was included as a line item, which reflected an Increase of 5 %. He noted the problem has been resolved within a two week period. He introduced James Daniels to the Council. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 CABLE COMMISSION COMMENTS - CONT. Daniels explained that when the cable franchise was granted in the 1980s, the Cable Commission had control over rates. In.the mid - 1980s a law was passed that took that rate control out of the hands of the Cable Commission and the rates were set by the market place. He explained that cable companies have a non - exclusive franchise, but basically there is only one cable company per area. He noted that there is a bill in the Committee on Energy and Commerce that would give the rate control back to the local cable commissions. Also, when, the franchise is up for renewal, under the current language the franchise need not prove that they have a viable business. He stated that they are proposing new language that would require the cable companies to prove that they are doing an acceptable business prior to the local cable commission granting the license renewal. He stated that Congressman Sikorski has a key vote on the bill, and he asked that the Council pass a resolution urging Sikorski to vote in favor of the proposed language. Goetten suggested they change the language in the proposed resolution to reflect that they urge Sikorski rather than convince him to vote in favor of the bill. It was moved by Butler, seconded by Goetten, to adopt Resolution #3103 urging Congressman Sikorski to vote in favor of the proposed bill that would give control over cable companies to the local Cable Commissions with the suggested amendment. Ayes 5, nays 0. PUBLIC COMMENTS Ralph Tully, Attorney for Nina Wildman, explained that Council adopted Resolution #3018 in September of 1991 approving a final subdivision which granted additional land to Lot 6, Block 2, Foxbend. He stated that the property is torrens property and therefore the resolution could not be filed as adopted. A proposed sale of the property is contingent upon the plat being finalized and he asked that the Council extend the filing deadline date. Mabusth expJalned that there was no problem with the request. It was moved by Jabbour, seconded by Goetten, to add this item to the agenda. Ayes 5, nays 0. It was moved by Jabbour, seconded by Butler, to adopt Resolution #3104 extending the filing deadline date for six months at the applicant's request. Ayes 5, nays 0. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 PUBLIC COMMENTS — CONT. Ann Cosgrove explained that she was representing both "Save the Luce Line" and the "Alliance ", citizen groups which are proposing the placement of signs designating the proposed southern and northern routes for Highway 12 through Orono. She stated the purpose is to raise the consciousness of residents. She noted that she has talked with Terry Humbert of MnDot regarding the signs and he approved the signs with the provision that additional wording be put on the signs directing questions to the Alliance, and if MnDot started receiving many questions regarding the signage, they would be removed. She explained the signs will be 12 "x18" white plastic with red lettering with the Highway 12 logo, and will state something to the effect "1 of 3 proposed corridors for the Highway 12 relocation".. She requested that the Council consider paying for the signs, approximately $200.00, and authorize that someone at the City help locate the routes. Jabbour asked If she felt the Alliance would lose credibility if the City became Involved. Ann stated that the other communities affected would also be asked to help with funding, and the signs will read that they are sponsored by the Alliance. Butler asked if MnDot had concerns about the signs confusing newcomers to the area. ! Ann stated MnDot did not address that concern. j Jabbour asked when the Alliance would need a decision from-the Council. Ann noted they would need a decision within a couple of days.' Callahan suggested they review the sign ordinance for compliance. Ann announced that the Alliance will hold an open house on May 3, 1992 from 1 :00 to 3:00 p.m. at the Independence C ty Hal I to answer questions by residents. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 ( #4) #1521 STEPHEN LOMBARDOZZI, 115 OLD CRYSTAL BAY ROAD — REQUEST TO EXTEND PRELIMINARY SUBDIVISION APPROVAL — RESOLUTION #3105 Stephen Lombardozzi was present. Moorse explained that the applicant is requesting an extension of preliminary subdivision as he was out of the Country at the time the approval had expired. Mabusth noted that there is one change, the expired resolution was approved under the former park dedication fee ordinance. Callahan directed staff to recommend a policy concerning these extensions as there may be many more due to the changes going on within the City. It was moved by Callahan, seconded by Butler, to adopt Resolution #3105 approving a request for an extension of preliminary subdivision for one year for #1521 Stephen Lombardozzi of 115 Old Crystal Bay Road North. Ayes 5, nays 0. ( #5) #1532 FULLERTON PROPERTIES INC., 2225 SIXTH AVENUE NORTH REQUEST TO AMEND COVENANTS Moorse explained that the applicant had requested an amendment to the covenants previously but had been informed that he would need the approval of the other owners within the subdivision. That has been obtained. He stated that the owner has already combined Outlot A with his property so that can be removed from the covenants, and the owner is requesting that Council consider Outlot B be allowed to be split in half and given to adjacent owners if it is determined that the roadway is not needed in the future. Mabusth clarified that the owner Is requesting that the southern Outlot B be divided in half and fee ownership transferred to property owners to east and west of road outiot if the City determines it unnecessary to maintain for future roadway. She stated that there is no reason to give up the easement at this time, and at the time the City shou i d agree to such, the owners would file a lot line rearrangement to divide the outiot. It was moved by Jabbour, seconded by Butler, to approve the amendment to the covenants of the Shadowood plat as presented. Ayes 5, nays 0. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 I r. ( #6) #1700 DALE MCCURDY, 4041 NORTH SHORE DRIVE - VARIANCE Mrs. Dale McCurdy was present. Moorse explained that this Is an application for a variance to construct a second story deck which was reviewed by the Planning Commission and Council but because of the lack of an updated survey, no action was taken. He stated that the applicants have now provided an updated survey. Mrs. McCurdy stated that when the application was reviewed by the Planning Commission, they were unaware that an updated survey was required. It was moved by Butler, seconded by Goetten, to refer Application #1700 for Dale McCurdy of 4041 North Shore Drive to the Planning f Commission for review. Ayes 5, nays 0. Jabbour asked staff if a certified survey and hardcover inventory are listed as required information for variance review. Mabusth advised that this requirement is listed on variance applications and that this application was received as a special request by the applicants that they not be required to provide an updated survey. ( #7) #1717 LAWRENCE W. & ARLISS A. GADBAW, 699 MINNETONKA HIGHLANDS LAND,,- VARIANCE - RESOLUTION #3106 Mr. and Mrs. Gadbaw were present. Moorse explained that this is an application for a variance to construct a carport addition which would add 650 square feet of hardcover in the 75 -250' zone, which already exceeds the allowed 25 %. The Planning Commission voted unanimously to approve the application based upon the hardships presented. It was moved by Goetten, seconded by Mayor Peterson, to adopt i Resolution #3106 for Application #1717 for Lawrence and Arliss Gadbaw of 699 Minnetonka Highlands Lane to allow construction of a carport. Ayes 5, nays 0. „ 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL -13, 1992 ( #8) #1721 ALBERT HANSER, 1685 FOX STREET - PRELIMINARY SUBDIVISION - RESOLUTION #3107 MerldIth Howell and Mark Gronberg were present to represent the applicant. Moorse explained that this is a five lot subdivision request. Mabusth explained that the subdivision will be served by a private road. The applicant has asked for special consideration to use the existing curb cut that serves Lot 1 allowing for two accesses, and the Planning Commission agreed because of the uniqueness of this property. The lot line between Lots 1 and 2 will be realigned to provide for 200' width at the shoreline. The guest house is recognized as a non - conforming structure as it does not meet the required 100' setback from the shoreline of Tanager Lake defined at 929.4' elevation. Also, the septic system for the guest house has not been located and the approval resolution will condition that the septic system be replaced within one year of final plat approval. Jabbour asked why the' plan shows the property platted to Tanager Lake. Gronberg explained that it w i I'I be shown on the final p l at as a wetland area with a drainage easement over the area. Butler asked, if we would require a Flowage and Conservation Easement also. Mabusth confirmed that would be required. Y- ,Goetten asked about the main drive encroaching the wetlands. Mabusth explained that the wetland in that area has been defined at the 932.3' elevation and that the 28' wide road w i I i be 26'+ from,:the wetland elevation. Goetten asked how far the guest house was from the�lot line. Mabusth noted it is approximately 10', another reason to classify the structure as non - conforming. Goetten reiterated that this subdivision does not guarantee riparian rights. Butler asked how close the public crossing or fishing area of the railroad track was to Lot 5. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 ZONING FILE #1721 - CONT. Mabusth noted that the area was further west and there is a drainageway and expansive wetland that acts as a natural barrier to protect this property from trespassing. Jabbour stated that a recent major subdivision within the City of Minnetrista has proposed extensive dredging to provide riparian rights and felt the LMCD should be notified of the City of Orono's position on this property. Mabusth noted they would send a copy of the final resolution approving the plat. Howell questioned the reference to riparian rights. Butler explained that the current owners may not consider the property as having riparian rights, but future owners may consider the prospect. Howell asked if they were not setting themselves up for that to happen by requesting a 200' width at the shoreline. Jabbour noted that was why he ,asked about platting the lot to Tanager Lake but was informed that area is a marsh. ` Gronberg asked if the water level were to go down to allow for a 26' setback to the tennis court, if it could be considered a conforming structure. Mabusth noted that any improvements to the tennis court would need to be approved by the City as it is considered a non - conforming structure, but in the future the applicant could present facts that may reflect differently. Jabbour felt they should not encourage the applicant to consider alternatives to reduce the water in that area, and stated that there has always been a problem with Fox Street and it should not be top priority of the Public Works Department to maintain the culvert under that roadway to ensure the tennis court be maintained In a dry area. It was moved by Callahan, seconded by Butler, to adopt Resolution #3107 for Application #1721 for Albert Hanser of 1685 Fox Street, granting preliminary subdivision approval. Ayes 5, nays 0. j 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL• 13, 1992 ( #9) #1722 HOWARD EISINGER, 3245 WAYZATA BOULEVARD — RENEWAL CONDITIONAL USE PERMIT — RESOLUTION #3108 Mr. Eisinger was present. Moorse explained that this is an application for renewal of a conditional use permit to allow grading and filling of 100,000 cubic yards on a 12 acre site. Staff has recommended approval be limited to 10,000 cubic yards. Eisinger requested that Council reconsider the restrictions setforth limiting the time of hauling. Rowlette explained that the Planning Commission was very concerned with trucks being allowed to haul during rush hour times. Mayor Peterson felt they should uphold the hauling schedule originally approved. It was moved by Jabbour, seconded by Mayor Peterson, to adopt Resolution #3108 for Application #1722 for Howard Eisinger of 3245 .Wayzata. BouIevard, approving a renewal of a conditional, use permit to allow grading and filling. Ayes 5, nays 0. ( #10) SHORELAND ORDINANCE RESPONSE FROM DNR Gaffron explained that the DNR has responded to the shoreland regulations submitted to them. The DNR would like the City to justify.the 18% steep slope versus their 12% and noted they.wouid need.,to review the code for Justification and absent that, may consider changing the percentage. He stated the DNR would like the Clty.to require =a 10' setback for lockboxes. Butler stated that many times that is not possible. Callahan suggested that they propose the wording to reflect 10' or as far back as possible. Gaffron stated he would inform the DNR of the Council's views on this Issue. Gaffron went on to state that he attended a meeting last Thursday of the LMCD's Shoreland Technical Review Committee at which approximately half of the cities were represented. He stated that the 11 cities working through the LMCD as a group appear to be drafting Individual ordinances rather than a single ordinance as a group. 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 SHORELAND ORDINANCE RESPONSE FROM DNR — CONT. Mayor Peterson announced that Gaffron was guest speaker on the Tonka Report on the shoreland regulations and did a very good Job. i MAYOR /COUNCIL REPORT A) Mayor Peterson asked when the newsletter would be sent out. Moorse stated it would be mailed out this week. B) Goetten explained that she visited the Hennepin County Commissioners' office to discuss the Corcoran Ash Project. She found out that the woman addressing the Council on this issue is actually a paid lobbyist working for the Municipal Services Corporation. She noted the Commissioners did not vote on the issue that day and have since referred the issue to Committee. Jabbour felt that the Council acted in haste with regards to this Issue and felt that the City was lobbied inappropriately. He f suggested they adopt a policy on communication to avoid misunderstandings in the future. The simplest communication route Is to advise the City Administrator, who can then pass the Information on to the other Communities. f Callahan agreed that the Council had not reviewed the request as they should have done. He suggested that Council be notified prior to adoption of unusual requests of the specifics of such a request. C) Jabbour presented pictures of styrofoam floating in Lake Minnetonka. He stated that he did approach the LMCD last year with a concern regarding this issue and noted they did not do anything to correct the problem. He indicated that a major dock company in the area Is considering the addition of floating docks to their line of products which would expand the use to the private sector. He suggested the Council request an opinion from the City Attorney outlining the City's authority with regards to governing Lakeshore activities such as this. JoEllen Hurr stated she currently is the Chair on a new environmental committee and felt this issue should be addressed by that committee. Callahan suggested they discuss this issue at the next Lake Use Committee. D) Callahan noted the agenda for the LMCD's meeting of April 11th notes an application by Lake Minnetonka Boat Sales to be allowed to expand boat sales at the facility in Orono. He suggested staff check into this. 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 MAYOR /COUNCIL REPORT - CONT. Jabbour stated that the Boat Works has moved its service department to Delano and thought perhaps the expanded sales would take place at the Wayzata facility. E) Callahan stated that upon review of minutes of the Park Commission meeting, he noted that applicants are now required to have a hearing before the Park Commission to determine if the City will require a park dedication fee or dedication of land. He stated he did not want the, applicants to be subjected to a third hearing. He also felt It was not the Park Commission's place to determine if an application was a subdivision or not. He pointed out that the Commission appears to be acting as arbitrator between OBA, the Hockey Association, the School District and the City with regards to the proposed ball fields on the school property. Goetten suggested they provide the Park Commission with some guidance. Butler felt it was appropriate for the Park Commission to act as an arbitrator in this matter if they chose to do so. Moorse explained the Park Commission initially got involved because of-the possible ball fields in that area, but other Issues were interrelated. - He noted that the proposal will be brought to the Council In the near future. ( #11) REQUEST.FOR PAYMENT #4 - HIGHWAY 12 FRONTAGE ROAD It was moved by Goetten, seconded by Mayor Peterson, to authorize the payment =of $5,650.43 to B & D Underground, Inc. for work done on-the Highway 12 frontage road. Ayes 5, nays 0. ( #12) BID AWARD BEDERWOOD PLAYGROUND EQUIPMENT Moorse requested that the Council table this item until the next meeting so the Park Commission Member could be present. It was moved by Butler, seconded by Goetten, to table the bid award for Bederwood Park playground equipment. Ayes 5, nays 0. 10 K MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 ( #13) STUBBS BAY SANITARY SEWER IMPROVEMENT - ASSESSMENT ROLL - RESOLUTIONS #3109 & #3110 Moorse explained that the Council is requested to adopt two resolutions, one to establish the public hearing for the Stubbs Bay sanitary sewer project, and the second to adopt a proposed assessment roll to be sent out to the affected property owners. It was moved by Jabbour, seconded by Mayor Peterson, to adopt Resolution #3109 establishing the public hearing date be set for May 4, 1992 at 7:00 p.m. at the Orono Cafeteria for the proposed assessment for the Stubbs Bay area sanitary sewer. Ayes 5, nays 0. Rowlette asked what the time table was after that hearing. Moorse explained that after the hearing there was a 30 day appeal period. He stated they expect to begin work mid - summer. Butler stated that she received a call requesting that the Council consider assessing less than the total assessment per unit price. Callahan stated that if it were one individual they were considering, it might be feasible to reduce the average slightly i lower to further reduce some of the assessments. He suggested that the numbers in the resolution be raised to allow for flexibility. Jabbour clarified that the numbers in the resolution already reflect a contingency. G ! Callahan suggested that the figures should be increased so the Council is not locked into a number that is too low in the event the project needs to be revised. Jabbour felt that a notice should be sent with the resolution to the home owners explaining how the Council arrived at the figures. Gaffron passed out a copy of the proposed letter to be sent out with the resolution. He also informed the Council that a property owner on Westlake Street has indicated an ability to combine his two parcels to create one, therefore he would be assessed for only one unit, but this would not take place until fall 1992. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 STUBBS BAY SEWER — CONT. Moorse explained that the resolution also sets forth that a newly created buildable lot within the area would be charged 100% for the sewer., and if the availability of sewer enables a subdivision or a vacant lot to be buildable, the owners of such property would also be assessed 100% for sewer in the future. Jabbour stated that since the Council has indicated to the residents that they would participate with the cost, they should do so, but perhaps they should give them a percentage that they will pay and stick to that amount. Callahan suggested that to ensure flexibility they consider adopting a resolution stating the homeowner to pay 100% of the cost. Hurr.feIt it was unfair to charge a future buil dab le: lot more than currently developed lots are being charged. Moorse stated that the magnitude of benefit is much greater for a newly created buildable lot. Rowlette stated that residents attending the last meeting were angry until the Council stated they would pay a portion of the .cost. She.f -elt the assessment hearing would not be well received V residents were notified in advance that the City would not pay a portion of the cost. She felt they should not' inflate the assessment and increase the percentage the City pays to make the City look good. Callahan indicated he only suggested the 100% assessment to allow greater flexibility should a mayor change arise. Jabbour suggested by letting the residents know up front that there l.s a contingency built into the dollar amount, they may be more satisfied. Cook thought it is good Idea to remind residents that the easier the easement acquisition is the more the total cost will be reduced. It was moved by Jabbour, seconded by Mayor Peterson, to adopt Resolution #3110 declaring cost to be assessed and ordering preparation of proposed assessment roll. Ayes 5, nays 0. Jabbour directed staff to review whether CDBG funds could be used to help residents in need pay for the sewer project. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1992 ( #14) SUPPORT OF GRANT APPLICATION FOR WECAN - RESOLUTION #3111 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3111 in support of a WeCAN grant application. Ayes 5, nays 0. ( #15) STEP ADJUSTMENT - LIN VEE It was moved by Mayor Peterson, seconded by Callahan, to approve a wage rate adjustment for Lin Vee from Level 4, Step II ($11.109 /hour) to Level 4, Step III ($11.726/hour) effective April 23, 1992. Ayes 5, nays 0. ( #16) STEP ADJUSTMENT - OFFICER JAY DEMBOUSKI It was moved by Goetten, seconded by Mayor Peterson, to increase Officer Jay Dembouski's salary from $14.265 per hour to $16.05 per hour as of April 6, 1992, as per the 1992 LELS contract currently i in effect. Ayes 5, nays 0. ( #17) APPLICATION & CERTIFICATE OF PAYMENT NO. 2 j KRAUS- ANDERSON GRESSER CONCRETE /MASONRY STEININGER CONSTRUCTION It was moved by Butler, seconded by Mayor yPeterson,` to approve City Hall and Public Works Buildings Applications and 4Ce- rt[ficates_�of Payment No. 2 for March Construction Manager fee and reimbursable expenses to Kraus - Anderson in the amount of $20,541..61; and for Public Works building footings work to Gresser Concrete /Masonry in the amount of $12,600.00; and for site preparation to Steininger Construction Co. in the amount of $45,000.00. Ayes 5, nays 0. CITY ATTORNEY'S REPORT Barrett requested Council adjourn to Executive Session to discuss possible litigation. ( * #18) LICENSES It was moved by Butler, seconded by Mayor Peterson, to approve the following licenses: Special Event Permits: Minnesota Int'I Center { Norwest Bank, Wayzata Office Septic System Installer: Don's Backhoe & Exc. Elmer J. Peterson, Co. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRILr13, 1992 LICENSES - CONT. .Site Evaluator /Designer: Percor, Inc.. Don's Backhoe & Exc. Motion, Ayes 5, nays 0. ;( * #19) BILLS It was moved by Butler, seconded by Mayor Peterson, to approve payment of the All Funds Account. Ayes 5, nays 0. ADJOURNMENT It was moved by Butler, seconded by Jabbour, to adjourn the regular Council meeting at 8:45 p.m. Ayes 5, nays 0. J&V _a Barbara A. Peterson., Mayor ATTEST: orothy allin, City Clerk 14 n