HomeMy WebLinkAbout04-27-1992 Council MinutesMINUTES OF THE REGULAR�ORONO COUNCIL MEETING
HELD APRIL 27, 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, BuIIdIng & Zoning Administrator
Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael
Gaffron, Police Chief Stephen Sullivan, City Attorney Tom Barrett,
City Engineer Glenn Cook, and City Recorder Teri Naab. Mayor
Peterson called the meeting to order at 7:00 P.M.
( #1) CONSENT AGENDA
Goetten removed Item #12 from the consent agenda.
Jabbour added Item #4 and #6.
Butler removed Item #14.
It was moved by Butler, 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
In the minutes in their respective numerical order.
( * #2) APPROVAL OF MINUTES
It was moved by Butler, seconded by Goetten, to approve the minutes
of the regular meet Ing of the Orono CounciI heId on Apr 11 13, 1992.
Ayes 5, nays 0.
PARK COMMISSION COMMENTS
Dick Flint, Chair of the Park Commission, was present to explain
progress on the bike /hike trail. He explained that it was
determined by a survey of the residents that a trail system was a
high priority. A conceptual plan for a trail system has been
approved by the Council. The Park Commission enlisted the help of
Hennepin County regarding the design.. He noted that at the last
Park Commission meeting, residents were invited to comment on the
proposed trail system. The Park Commission did not get a clear
Indication from the residents regarding their feelings on the trail
system. The Park Commission unanimously voted in favor of the
trail and is now requesting a feasibility study for the project.
He introduced Jim White, Hennepin County Park Commissioner; Doug
Bryant, Superintendent, Don King ,and Del Miller from Hennepin
County.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD APRIL 27, 1992
PARK COMMISSION COMMENTS - CONT.
King explained that they are reviewing two options for the trail
system: A - utilizing the vacant land along the trail system
requiring acquisition.of additional land to move the trail system
outside the current right -of -way; B .locating the entire trail
within the existing right -of -way. He reviewed the proposed layout
from the Luce Line Trail to Baker Park and explained areas where
on I y one or the other opt i on i s v i ab I e. He stated the ent i re t ra I I
system is approximately 13,600' or 2.6 miles long. Development
cost is expected to be approximately $200,000. Option A would
require the acquisition of 5.37 acres of additional land for the
trail.
Butler asked why they did not propose the trail on the west side
of Old Crystal Bay Road.
King explained that because of existing electrical lines on the
western side and because the eastern side was less developed, it
was determined that the eastern.side was more feasible.
Goetten asked the time frame -for acquisition of the necessary
easements.
Miller explained that would depend upon whether they would request
an easement or fee title.
Goetten- asked who would pay for the easements.
Miller explained that they feel the difference between options may
be slight because Option B would require installation of storm
sewer.
King stated that the City would bear the cost for land acquisition
and /or storm sewer and Hennepin County Parks would pay for
installation and maintenance of the trail.
Flint noted that the County proposes to pay the entire cost of the
trail and land acquisition from Baker Park to County Road 6.
Mayor Peterson asked who would pay for the feasibility study.
Gerhardson noted that the City would pay 'for the study with MSA
funds, but the project must be realized In order to use the funds.
Also, MSA funds would cover the cost for storm sewer.
Jabbour asked If the owners'of the vacant land were in attendance
at the last meeting.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD APRIL 27, 1992
PARK COMMISSION COMMENTS — CONT.
Flint noted they were not but were notified.
Jabbour felt the City should be discussing this issue with them.
Flint stated that if the City required easements, that area can
still be used when measuring setbacks for the property.
Mabusth concurred.
Mayor Peterson asked if it would be necessary to provide a walkway
or bridge over an,upgraded Highway 12.
Miller explained that past policy of MnDot has been that if a trail
is in place and a highway severs that trail, MnDot would have to
make the provision for the highway.
Jabbour thanked the Superintendent of Hennepin County Parks for
backing Orono's position at the LMCD meeting regarding Big Island.
He stated that the City would be amending its Comprehensive Plan
1 regarding B i g Island to change It f rom .being a regional park to
residential. He noted that one Commissioner had mentioned that
Hennepin County Parks might consider development of the sewer pond
property into a park, and urged them to do so.
Mike Ellis, 1020 South Old Crystal Bay Road, asked if the Council
had a cap on the amount of money they would consider spending on
this .trai I .
Goetten noted they have only approved expenditure of money on a
feasibility study to determine if it is to be realized.
LAKE MINNETONKA CONSERVATION DISTRICT REPRESENTATIVE'S COMMENTS
JoEllen Hurr was present. She explained that during the last Board
meeting on Wednesday, there was a second reading on an ordinance
regarding storage of maintenance equipment on Lake Minnetonka, and
noted this also relates to barges at Gayle's Marina.
Jabbour asked if this would relate to JR's business.
Hurr explained that JR has his barges parked at Crystal Bay Service
which are illegal by both the City's and the LMCD's regulations.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD APRIL 27, 1992
LMCD REPRESENTATIVE'S COMMENTS — CONT.
Hurr reviewed a letter to Gene Strommen from Bob DeVries, Head of
Minnesota Sport Fishing Congress, discussing the request by the DNR
for funding for land acquisition for lake access. She noted that
this group will be lobbying heavily for funding to purchase Gayle's
Marina and Crystal Bay Service and requests Orono's support. She
read an excerpt from the letter, "Minnesota Sport Fishing Congress
happily appropriates applied pressure to the DNR to initiate
Immediate development on the properties already acquired for
Maxwell Bay access once the LCMR decides on their funding list ".
Jabbour reminded them that the Council was promised by the DNR that
development of the area would not begin until a feasibility study
was completed. He noted that a working Committee was to be
established with the LMCD acting as head to negotiate the criteria
for the study, however, it appears that Gene Strommen and the DNR
have tried to complete the entire study with the Committee only
vot I ng on the facts. He expressed to Mr. Grathwo I that the pro j ect
was too ambitious and acquisition of Gayle's Marina and Crystal Bay
Service would be more appropriate. He noted he has talked with
both property owners who have indicated a willingness to sell. He
noted that both properties could be used as intended with
absolutely no variances.
Hurr advised that the DNR or anyone else will note that hardcover
currently encroaches to within 12" of the lake at Gayle's Marina
and it may be difficult to enforce the code.
Callahan stated that the Council has adopted a resolution
supporting the funding for acquisition of land for access.
Goetten noted the Council had the understanding that the DNR would
not proceed,with development of the Maxwell Bay landing until the
feasibility study was complete.
Jabbo.ur noted a letter from the Commissioner outlining such.
Hurr requested a copy of the resolution and any other documents
pertaining to-,the issue. She stated that with the support of Orono
and the Sport Fishing Congress to fund the project, the LCMR will
be more apt to recommend approval of the funding.
Hurr . pointed out that Hennepin County still is refusing to
contribute for milfoil eradication despite their commitment of
$80,000.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD APRIL 27, 1992
LMCD REPRESENTATIVE'S COMMENTS - CONT.
Hurr advised that the residents on St. Albans Bay have been
contacted and asked not to treat the lake with chemicals during
the 1992 season and the m I I f o I I will be mowed. Next year, the LMCD
would treat the mIIfoil with sonar and would then measure the
results.
Hurr supported the bike trail through Orono and felt the main
reason for removing the trail from the right -of -way would be
safety.
Callahan noted that the minutes of the March•25th meeting of the
LMCD stated that they approved a multiple dock license for Smith
Bay subject to Village certificate which expires April 18, 1992.
Gaff ron explained that joint use dock license applications have not
yet been sent out. He noted that letters have been sent to the
LMCD two out of the last four years explaining the City's position
regarding compliance.
Hurr explained that the LMCD's philosophy has been to issue the
license, whether or not it meets the City code, with a condition
that the marina properly comply with the zoning ordinances.
Hurr noted the.Committee will be recommending denial of the Forest
Arms request.
PUBLIC COMMENTS
Art Touranaeau, 2060 Spates Avenue, asked when the City would
require the owner of the property near him to comply with the
resolution which required the cabins on the property to be removed.
He noted that the foundation and other junk still remains on the
property. He stated the property was for sale and Ilsted at
$69,000. He wanted any future owner to be aware of the
requirements to clean up the property. He stated that the
condition of the property is lowering his property value.
Mabusth stated that the Building staff has been contacted by a Site
Superintendent of the Toberman organization who has asked what
needs to be completed on the property.
Barrett noted that if the resolution was filed in the Chain of
Title, any future owner would be made aware of conditions set forth
by the City.
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MINUTES OF THE-REGULAR ORONO COUNCIL MEETING
HELD APRIL 27, 1992
PUBLIC COMMENTS — CONT.
Don Gronberg, 65 Willow Drive North, passed out a letter to the
Council. He noted he is opposed to the amount of the proposed
sewer assessment for his property on Leaf Street. He stated he
felt discriminated against as he was being assessed $18,880 for a
vacant parcel, while others In the area would only be assessed
$12,995. He advised that since the passage of the DNR regulations,
restrictions on the lot are much greater and he may not even have
a buildable lot any more. He felt that his property would not
benefit more from the sewer than someone else. He noted that he
was not informed of the pending passage of the shoreland
regulations which would make his property unbuildable.�He cited
that he has paid taxes on the property for 33 years.
Jabbour asked if this property was a buildable lot.
Gaff ron explained that Council would need to first define buildable
and the Council's policy on the sewer project. He noted a house
and a primary and alternate septic system could be installed on the
property nearly meeting the code under the previous 26' setback
requirement.- He stated that setback variances and lot width and
lot area variances would have been needed to build per the two acre
lot standards adopted in 1975, prior -to the passage of the
shoreland regulations.
Gronberg stated the property was platted in 1958:
Jabbour asked the difference between Gronberg constructing a house
with holding tanks and a propertyton Leaf Street with a holding
tank.
Barrett noted the City would not currently approve a new house with
a holding tank on a permanent basis.
Gronberg asked how many properties In the development under the
newly adopted regulations would not be in conformance with the
setbacks for the septic system, and If the sewer were not proposed,
would be allowed to install a holding tank If their system were to
fai I .
Goetten stated the reason for the total assessment to.his property
was because he has a lot, which is considered buildable with the
installation of sewer, and is based on information and facts in the
ordinances prior to the shoreland regulations. She stated that the
Council has not made any final decisions on the project. She
suggested he discuss the specifics with Gaffron.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD APRIL 27, 1992
PUBLIC COMMENTS - CONT.
Mrs. Gronberg asked at what point taxes are lowered on a property
that is determined to be unbuildable.
Jabbour stated that the Council would need time to review this
issue.
Callahan directed Gronberg to discuss the sewer issue with Gaffron,
but reminded him that Gaffron would not be able to reduce the
assessment.
Goetten noted the Council would hold a public hearing on the
project on May 4th.
( #3) #1700 DALE MCCURDY,
4041 NORTH SHORE DRIVE -
VARIANCE
Mrs. McCurdy was present.
Moorse explained this is an application for a variance to construct
a second story deck which is. adding additional structural hardcover
over existing non - structural hardcover. He stated that'the Planning
Commission recommended to deny the request, citing excessive
hardcover.
Butler agreed that the property contains excessive hardcover but
notes the property has very steep terrain. She pointed out that
the improvement is an echo of hardcover already there and disagreed
with the Planning Commission's recommendation.
Goetten asked if there was any possibility of eliminating any other
hardcover on the property.
McCurdy stated that the hardcover consists of blacktop, sidewalk
and house and has all been there since 1976.
Mayor Peterson asked if it would be possible to remove the concrete
below the proposed deck.
McCurdy did not feel this would be feasible and noted the deck will
enable them to keep the gutters clean to avoid flooding of the
basement.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD APRIL 27, 1992
ZONING FILE #1700 - CONT.
It was moved by Butler, seconded by Mayor Peterson, to direct staff
to, draft an approval resolution for Application #1700 for Dale
McCurdy of 4041 North Shore Drive for variances to construct a
deck, with the condition that no additional hardcover will be
approved. Ayes 5, nays 0.
( * #4) #1725 DAVIS FANSLER,
4180 BAYSIDE ROAD -
CONDITIONAL USE PERMIT - RESOLUTION #3112
It was moved by Butler, seconded by Goetten, to adopt Resolution
#3112 for Application #1725 for Davis Fans Ier of 4180 Bays ide Road
for a conditional use permit to allow a non - rental guest apartment
within the existing residence. Ayes 5, nays 0.
( #5) MARINA LICENSES
Callahan stated that It has been determined by the Lake Use
Committee that 'there are four- marinas within the City in
conformance with the requirements for a license: Minnetonka-Boat
Works, Sailors World, Crystal Bay Service and Windward Marina. He
noted that Windward Mar 1na'has not paid the required application
fee for 1991.
It was moved by Callahan, seconded by Butler, to approve the
following marina license:
Minnetonka Boat Works (1990- 91 -92)
Sailors World (1990- 91 -92)
Crystal Bay Service (1991 -92)
and that a letter be sent to those marinas stating the City has
reviewed their marina license application and they have been found
to - be in conformance for getting the license subject to the
conditions within Attachment A, with the agreement that the
business be operated within the existing requirements of the City.
Ayes 5, nays 0.
Callahan stated he was opposed to the adoption of the resolution,
noting that some of the language in the resolution.was no longer
valid.
Butler noted that other City licenses are issued with a single
paper notifying the business that their license has been approved.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD APRIL 27, 1992
1992 MARINA LICENSES — CONT.
Callahan requested staff to write a letter to Windward Marina
stating It has been found that they are in conformance with the
requirements for a marina license, but their operation must cease
until the required fee Is paid.
MAYOR /COUNCIL REPORT
A) Callahan announced that the local newspaper expressed a desire
for the City to adopt an ordinance banning the use of styrofoam on
the Lake. The Lake Use Committee questioned the City's authority
to enforce such an ordinance. He requested Council to consult with
the City Attorney regarding the feasibility of adopting an
ordinance banning the use of styrofoam on Lake Minnetonka.
Jabbour stated that he has informed the LMCD of the City's intent
to adopt this ordinance, and they said they would also adopt the
ordinance if it was suitable.
B) Callahan reviewed that Gay Ia's Marina would be receiving a
I etter from the C i ty not i ng the fa i I ure to pay the requ i red I i cense
fee and the violations on the property. Also, North Shore and
i Lakeside Marinas have paid the required fee, but have a number of
serious violations on.the property.
Jabbour announced the LMCD has granted North Shore Drive Marina
a I I cense for 72 dry stack i ng, even though the C i ty has a I ega I
settlement with them for only 20.
Callahan informed the Council that marinas are making serious
changes with regards to their businesses. They are adding charter
boats, boat launching services, and condominiums for boats.
Butler stated she would like to hear from the City of Mound
regarding the problems they have with Al and Alma's boat charter
service, as that business is located on a severely limited lot.
C) It was moved by Goetten, seconded by Jabbour, to approve on a
rotating basis, a liaison to the Park Commission. Ayes 5, nays 0.
Gerhardson noted the Commission would be taking a park tour for
their May meeting.
D) Callahan noted he was impressed with the newsletter that
recently went out to the residents.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD APRIL 27, 1992
( * #6) MSA DESIGNATION - LEAF STREET & FERNDALE ROAD -
RESOLUTION #3113
It was moved by Butler, seconded by Goetten, to adopt Resolution
#3113 establishing Municipal State Aid Streets. Ayes 5, nays 0.
( #7) BID AWARD`BEDERWOOD PLAYGROUND EQUIPMENT
- Gerhardson explained, that bids were opened and the Committee
recommends to Council to award the bid to Miracle Equipment because
they liked the quality and layout. He explained the slide proposed
by this company is 12.5', with the entire structure including the
enclosure over the slide at 17'. He cautioned the height of the
slide does not meet requirements established within a document
entitled "Handbook for Public Safety "._
Callahan stated that if it'does not meet the U.S. Consumer Product
Safety Standards, it should not be installed.
Gerhardson noted that even if it does not meet the criteria listed,
the City would still be,insured in case of an accident.
Butler felt that the top step of the slide should not exceed a
height that would allow an adult to stand on the ground and assist
the child.
It was moved by Goetten, seconded by Butler, to table the bid award
for playground equipment '.for Bederwood Park to allow the Park
Commission Committee to re- examine the bids. Ayes 5, nays 0.
Barrett cited that the bids were sent out without reference to the
ADA or safety concerns. He stated that the bids were received
conforming to the requirements of the City.
Butler asked -if it would be appropriate to. reject the bids.
Gerhardson asked the matter to be tabled.
( #8) 1991 BUDGET ADJUSTMENT
Moorse explained that this is a summary of the 1991 budget. He
noted that the City was under on both expenditures and revenues,
which lead to a $57,000 deficit.
Mayor Peterson requested -a work session to review this issue.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD APRIL 27, 1992
1991 BUDGET ADJUSTMENT — CONT.
Callahan stated they should also review actual status of the 1992
budget, the budget for the facilities, and the Police Department
operation financial document.
Jabbour felt it important to keep track of these issues on a
monthly basis.
A work session was scheduled for Wednesday, May 13, 1992 a 3:00
f
p.m.
( * #9) 1992 BOARD OF REVIEW — APRIL 29, 1992
It was moved by Butler, seconded by Goetten, to accept information
for the Board of Review Meeting to be held April 29, 1992. Ayes
5, nays 0.
( * #10) OLDER AMERICAN'S MONTH — RESOLUTION #3114
It was moved by Butler, seconded by Goetten, to adopt Resolution
#3114 proclaiming Westonka Senior Center Week May 4th through 8th.
Ayes 5, nays 0.
( * #11) FEASIBILITY STUDY OLD CRYSTAL BAY ROAD —
RESOLUTION #3115
It was moved by Butler, seconded by Goetten, to adopt Resolution
#3115 directing the City Engineer to perform a feasibility study
for a bike /hike trail on Old Crystal Bay Road. Ayes 5, nays 0.
( #12) BID AWARD UTILITY TRACTOR
It was moved by Mayor Peterson, seconded by Butler, to table the
bid award for a utility tractor to be considered at the work
session on the budget. Ayes 5, nays 0.
CITY ATTORNEY'S REPORT
There was no City Attorney's report.
( * #13) LICENSES
It was moved by Butler, seconded by Goetten, to approve the
following licenses:
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD "APRIL 27, 1992
LICENSES - CONT.
Special Event Permits:
Minnesota Multiple Sclerosis Society
Garbage & Refuse License:
East Tonka Sanitation
Woodlake Sanitary Service
Motion, Ayes 5, nays 0.
( #14) BILLS
Butler felt it may be time for Orono to consider an in -house
engineer in light of an average $20,000 per month bill, for
engineering services.
It was moved by Butler, seconded by Goetten, to approve payment of
the All Funds Account. Ayes 5, nays 0.
ADJOURNMENT
It was moved by Jabbour, seconded by Mayor Peterson, to adjourn the
regular Council meeting at 9:17 p.m. Ayes 5, nays 0.
Barbara A. Peterson, Mayor
ATT T:
0 othy Hallin, City Clerk
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