HomeMy WebLinkAbout05-26-1992 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MAY 26, 1992
ROLL
The Council met on the above date with the following members
present: Mayor Barbara Peterson, Councilmembers Gabriel Jabbour,
J. Diann Goetten, Mary Butler and Edward Callahan. 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, 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
Jabbour added Items #9 and 11 to theconsent.agenda.
It was moved by Jabbour, seconded by Butler, 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, 3 & 4) APPROVAL OF MINUTES
It was moved by Jabbour, seconded by Butler, to approve the minutes
of the regular meeting of the Orono Council held on May 11, 1992;
the minutes of the Reconvened Board of Review meeting held on May
11, 1992; and the minutes of the Stubbs Bay Assessment Hearing held
on May 4, 1992. Ayes 5, nays 0.
LMCD REPRESENTATIVE'S COMMENTS
JoEllen Hurr was present and noted the next Board meeting of the
LMCD will be held on Wednesday, May 27, 1992. She noted the LMCD
has established a subcommittee to study the sale of non -fuel items
from docks.
Goetten expressed concern that food wrappers may end up in the
lake.
Hurr stated that the Water Patrol has made four arrests to date for
BWIs. She reported that a subcommittee met on May 9, 1992 to
discuss water structures and is recommending denial of the request
of Forest Arms residents to redesign their docks.
Callahan noted the charter boats were discussed at the May 18th
meeting.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MAY 26, 1992
LMCD REPRESENTATIVE'S COMMENTS - CONT.
Hurr stated she is primarily interested in where these boats are
docked and noted the LMCD is unable to control any zoning issues
with regards 'to these boats. She said the LMCD and the Water
Patrol both license these boats. _
Jabbour stated that the LMCD does not license where boarding of
these boats occur and.does not concern itself with parking issues
related with this service.
Hurr indicated that the LMCD has asked that the businesses have the
ability for parking for their customers.
Callahan asked about the issue of boat clubs.
Hurr stated that the LMCD has made no decision on this issue.
Callahan said that it appears that Inland Marine at 1960 Shoreline
Drive has decided to have a boat club.
Jabbour noted that Lakeside Marina has a boat club too.
Callahan noted that one requirement of the conditional use permit
.for 'Inland Marina is that there shall be no business which is
connected to that across the street.
Jabbour suggested the City find them in violation and close the
business down.
Hurr announced that the LMCD has created an environmental
committee. She-noted that at the last.meeting, no one from Orono
was present and reported the next meeting will be held on Tuesday,
June 9th at 8:30 at t °he LMCD office. She announced that the LMCD
has _scheduled a tour of the Lake for the Commissioner of the DNR
for Thursday, May 28th at 1:00 and invited the Council to attend.
PUBLIC COMMENTS
Mr. Lapinski asked if he could address the Council regarding the
need for a variance for a stairway off his deck. He questioned the
necessity of such a variance.
Mayor Peterson explained that-the variance is for the increase in
structural hardcover within the 75 -250' zone where excesses already
exist.
Mabusth explained that there is no increase in hardcover, but there
Is an intensification of the structure.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MAY 26, 1992
PUBLIC COMMENTS - CONT.
Lapinski said that staff was unable to show him the ordinance
prohibiting the intensification of hardcover. He stated he would
not be extending past the limits of the current building and the
deck has been there for 20 years and the stairs would go over
existing hardcover.
Lapinski said he has a shower and wedding coming up in the near
future and would be willing to get the permit, but wanted to speed
up the process. He said he has.the largest lot in the cove on an
acre and a half and is set back further than adjacent neighbors.
Mabusth explained that 6 years ago the Planning Commission and
Council developed a review process differentiating between
structural and non - structural hardcover. She noted that it has been
the practice of the Council -to review any application which'
intensifies structural hardcover where excessive hardcover exists.
She noted that a cursory review of the property indicates 75%
hardcover in the 75 -250' zone.
Lapinski said that the Building Inspector was out inspecting the
neighboring building project and noticed the repairs he was doing
to his deck. They reviewed the plans for the stairway and was told
by the inspector that the stairs could not come off the side as it
would be encroaching the neighboring property. The Inspector
explained where the stairs would be acceptable and informed him
that if the stairs were to go through the existing deck there would
be no problem. The plans were redesigned to what is being proposed.
He stated that upon submittal for a permit, he was told that he
would need a variance as he was intensifying the structure and
expanding beyond the defined, boundaries of the deck.
Goetten stated that Lapinski is over the allowed limit of 25%
hardcover for that zone. She said that Orono is very concerned
with run -off to the lake and therefore has zoned lakeshore property
and only allows a percentage of hardcover within each zone. She
stated that many older homes are over those allowed percentages,
and those are reviewed as improvements are requested for the
property.
Jabbour explained that the existing hardcover on the property may
be non - conforming and Illegal. He stated that as properties are
redeveloped, they are reviewed for conformance with the ordinances.
Lapinski said the neighbor next door has built a deck which extends
much further out.
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MINUTES-OF THE REGULAR ORONO COUNCIL MEETING
HELD MAY 26, 1992
PUBLIC COMMENTS - CONT.
Mabusth noted that the neighbor has been advised that he must file
an after - the -fact variance application for construction without a
building permit.
Jabbour stated that the neighbor.may be asked to remove the deck
If found not to be in conformance.
Lapinski said that he would fight the Council if they required him
to remove any of the hardcover currently existing on the property.
( * #5) #1698 JIM RIVERS,
1442 SHORELINE DRIVE -
AFTER - THE -FACT VARIANCE - RESOLUTION #3122
It was moved by Jabbour, seconded by Butler, -to adopt Resolution
#3122'for Application #1698 for Jim Rivers, 1442 Shoreline Drive,
for an after - the -fact variance. Ayes 5, nays 0.
( #6) #1732 JOAN SWEETSER,
845 OLD LONG LAKE ROAD -
PRELIMINARY SUBDIVISION - RESOLUTION #3123,
Moorse explained that this is a two lot subdivision application.
Mayor Peterson asked about the Park.Dedication fee.
Mabusth explained that several years ago a three lot subdivision
was proposed for this property but was never reviewed or acted on
by the Council. This current application is bound by the new Park
Dedication Ordinance.
It. -was moved by Butler, seconded by Callahan, to adopt Resolution
#3123 for Application #1732 for Joan Sweetser of 845 Old Long Lake
Road, for preliminary subdivision approval. Ayes 5, nays 0.
( #7) #1733 TEMPLE ISRAEL (CAMP TEKO),
645 TONKAWA ROAD -
CONDITIONAL USE PERMIT /VARIAN.CE - RESOLUTION #3124
Julius Bronkofski was present.
Moorse explained this is an application --for a- conditional use
permit and variance to enable maintenance alternations to a
drainage -swaIe for the camp .which is needed due to significant
erosion. He noted the drainage area is proposed to be rip- rapped.
Goetten asked if all the concerns addressed by Shawn Gustafson of
Bonestroo would be taken care of with these improvements.'
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MAY 26, 1992
ZONING FILE #1733 — CONT.
Mabusth explained that to maintain the 3:1 slopes recommended by
the Engineer, the bank will need to be excavated and that is-the
reason for asking for more detailed grading plans that will include
alterations of the bank.
Goetten asked if the City has received the opinion of the other
reviewing entities on this issue.
Mabusth confirmed that the Watershed District approved the permit
last Thursday and has informed the City of the conditions of
approval. She stated that the DNR and the Army Corp of Engineers
will not require a permit review.
Jabbour stated that the Camp has been a good neighbor at large.
He expressed concern about improving the road to the lake which may
facilitate further building action near the lakeshore and suggested
that staff inform the applicant of regulations pertaining to the
lakeshore.
Mabusth noted that during the review it was discovered that the
Camp is on two individual parcels and will be asked for the legal
combination of these parcels.
Bronkofski said that would not be a problem. He stated the-main
reason for upgrading the trail is to give better access to
youngsters in wheelchairs.
It was moved by Jabbour, seconded by Mayor Peterson, to adopt
Resolution #3124 for Application #1733 for Temple Israel (Camp
Teko) at 645 Tonkawa Road, for a conditional use permit and
variance to allow the maintenance alterations to the drainageway
and trail. Ayes 5, nays 0. .
( #8) JOINT USE DOCK LICENSE — BIG ISLAND VET'S CAMP —
RESOLUTION #3125
Callahan stated he would like the condition added to the resolution
prohibiting floating styrofoam docks.
It was moved by Callahan, seconded by Goetten, to adopt Resolution
#3125 and directing staff to issue a Joint Use Dock License to the
Board of Governors, Big Island Veterans' Camp for the period of
January 1, 1992 to December 31, 1992, with the addition of a
condition prohibiting the use of floating styrofoam docks.. Ayes
5, nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MAY 26, 1992
( #9) PROPOSED RESPONSE TO DNR - SHORELAND FLEXIBILITY REQUEST
It was moved by Jabbour, seconded by Butler, to agree to revise the
steep slope definition in the Shore Iand Ordinance to 12% to be
consistent with DNR standards, and to direct staff to forward to
a letter to the DNR which gives a basis for justification to
require no lakeshore setback for lock boxes. Ayes 5, nays 0.
MAYOR /COUNCIL REPORT
A) Callahan stated that the Lake Use Committee has been trying to
deal with the issue of licensing marinas. Letters have been sent
to Windward Marina, Minnetonka Boat Works, Sailors World and
Crystal Bay Service regarding their licenses. The Committee has
been working on draft letters to Gayles Marina, Lakeside Marina and
North Shore Drive Marina reviewing their violations. He reviewed
a draft letter to Gayles Marina which indicates operation must
cease - immediately. 'It has been decided that letters to the other
two marinas will point out the violation of boats and slips in
excess of that which is licensed by the City. He suggested that
Council direct staff to send letters to Gayles Marina, Lakeside
Marina and North Shore Marina by Friday of.this week.
Gaffron noted that Gayles Marina has not applied for nor paid the
1992 license. -
Jabbour asked about Lakeside Marina.
Gaffron indicated that a drive -by inspection this week of property
at 3350 North Shore Drive indicated that the property is suddenly
being used for storage of employee vehicles.
Jabbour asked if they could act on the application pending from
1985 regarding this residential property.
Gaffron referred-to a letter sent last week to Lakeside Marina
which indicates that commercial use of that property must cease
immediately. The letter states that the violations must be resolved
and directs the owner to contact City staff.
Jabbour suggested staff remind the owner of past' court action
regarding storage of boats on shore. --
Gaffron noted'that has been included within the letter.
Jabbour asked if there had been an accident there recently.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MAY 26, 1992
MAYOR /COUNCIL REPORT — CONT.
Chief Sullivan reported that an elderly lady went off the road near
Bohns Point, hit a pedestrian, the fence and a tree.
It was moved by Butler, seconded by Jabbour, to authorize the
appropriate' individual to sign and send the letter to Gayles Marina
as soon as possible. Ayes 5, nays 0.
Gaffron reported that last week Gay les Marina verbally asked if
they would be allowed to rebuild the sign outside their business.
All Council Members agreed that if they do not have a license to
operate, approval should not be granted for the sign.
Barrett explained that the Council has two remedies to the
situation. The first would be to find the properties in violation
of the ordinances and prosecute as a misdemeanor, and the second
would be to bring civil action against the operation of the marina
which would require a court order to stop the business and is more
expensive and a slower process.
Jabbour asked if they could not require a performance bond for
these licenses.
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Callahan noted that in the case of Windward Marina, a letter has
been sent telling them to cease operation until payment for the
1991 license fee Is received.
Gaffron noted that a letter has been sent, and the letter also
requests the completion of required items such as paving the
parking lot by 'mid summer. He stated the letter did not
specifically say that the operation will be closed down if the
Marina does not comply.
Callahan stated that since Windward Marina 1s in violation and has
been warned a number of times, if payment is not received in
another week, staff should send a reminder note.
Jabbour reminded him that when the Council discussed the issue of
fees and it appeared in the newspaper that Windward Marina had not
-yet paid, Rivers contacted the City and said the least they could
do was send a letter reminding him. -
It was moved by Callahan, seconded by Mayor Peterson, to authorize
sending the letters to Lakeside Marina and North Shore Marina.
Ayes 5, nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MAY 26, 1992
MAYOR /COUNCIL REPORT — CONT.
B) Callahan reported that a draft ordinance prohibiting styrofoam
docks will be brought to the Council for review. He directed staff
to notify all marina owners of the proposed ordinance.
Jabbour noted that positive comments have been published in the
newspaper regarding such an ordinance.
Callahan informed the Council that the ordinance will require
partial removal of styrofoam docks for the 1993 season, with
subsequent removals in years following.
Gaffron noted that as a proposed zoning ordinance amendment, there
will need to be a public hearing published prior to adoption and
therefore could not be brought to the Council until after the July
Planning Commission meeting.
C) Mayor Peterson stated that Inland Marina has had more than 7
boats parked on site, which is in violation of their conditional
use permit approval.
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Jabbour suggested to an interested neighboring property owner that
he photograph all violations of the property.
Barrett suggested that staff check the code for procedures to
follow if they find the property in violation of the approval.
�. Jabbour suggested that, they cancel the conditional use permit
approval if found to be in. violation. He stated that he told Mr.
Gilbert that the City would be anxious to revert the property to
residential use.
Callahan directed staff to remind the owners of Inland Marina that
they are not to cross the road in conjunction with their business
operations.
Jabbour felt that the City should do anything within the limits of
the City code to see the property revert back to a residential use.
Barrett stated that the code provides that conditional use permit
approval is not subject to review unless it is found to be in
violation of the municipal code.
Mabusth said they would send a letter to the owner and start to
document any violations,found on the property.
D) Goetten asked if the Mayor of Long Lake was specifically
invited to the joint meetings between the Councils.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MAY 26,'1992
MAYOR /COUNCIL REPORT - CONT.
Mayor Peterson stated she was not invited to the initial meeting,
but to both subsequent meetings.
Jabbour noted that the meetings were announced at Council meetings
which are public meetings.
Butler suggested the Council quit talking to the City of Long Lake.
Jabbour said that he did not trust anything that Mayor Swartwood
says, and felt that it is she who has undermined the relationship
between Orono and Long Lake, and felt that her behavior as a Mayor
is inappropriate.
Mayor Peterson said that Maple Plain and Long Lake have discussed
their joint powers agreement, and Mayor Swartwood felt that it was
strictly a financial agreement.
Jabbour reminded the Council that Orono had brought up the joint
powers agreement prior to the meetings and Long Lake had chosen to
ignore it.
( #10) COUNTY ROAD 15 MSA EXPENDITURE OF FUNDS - RESOLUTION #3126
City Engineer Cook explained that this is the County Road 15
project constructed by Hennepin County west of County Road 19 to
Spring Park. The City. originally expected •to use $200,000 from
State aid funds for the project, but the right -of -way costs came
in slightly higher than anticipated, requiring usage of additional
State Aid Funds.
Mayor Peterson asked about the Navarre business signs.
Gerhardson noted they are on order.
It was moved by Jabbour, seconded by Mayor Peterson, to approve
Resolution #3126, authorizing the use of $165,253.00 of MSA funds
toward the City's share of the cost for the reconstruction of
County Road 15. Ayes 5, nays 0.
( * #11) SPEED LIMIT POSTING EAST LONG LAKE ROAD -
RESOLUTION #3127 "
J t was moved by Jabbour, seconded by Butler, to adopt Resolution
#3127 authorizing a 30 miles per hour speed limit for East Long
Lake Road. Ayes 5, nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD-MAY 26, 1992
( #12) METROPOLITAN COUNCIL RURAL SERVICE AREA POLICES - 64/640
Moorse explained that this is a summary of information received
from the Metropolitan Council regarding their rural service area
polices.
Goetten asked who was pressuring the Met Council to do this.
Moorse explained the pressure is coming from the central cities.
'Mayor Peterson tentatively scheduled a workshop to discuss this
issue on June 8, 1992 at 6:00 p.m.
( #13) APPLICATION OF CERTIFICATE OF PAYMENT #3:
KRAUS ANDERSON CONSTRUCTION COMPANY
GRESSER CONCRETE /MASONRY
STEININGER CONSTRUCTION COMPANY
MET -CON CONSTRUCTION
Moorse explained this is a request for payment. He noted that the
City has obtained lieri - waivers for previous work.
It was moved by Jabbour, seconded by Mayor Peterson, to approve
City Hall and Public Works Buildings Applications and Certificates
of Payment No. 3 for April construction manager fee and
reimbursable expenses to Kraus - Anderson in the amount of
$29,494.96; for public works building concrete work-.to Gresser
Concrete /Masonry in the amount of $74,424.60; for site preparation
to Steininger Construction Co. in the amount of $74,413.90; and for
public works building erection to Met -Con Construction. in the
amount of $9,130.00. Ayes 5, nays 0. -
( * #14) BID AWARD UTILITY TRACTOR
It was moved by Jabbour, seconded by Butler, to award bid for the
Utility Tractor to Scharber and Sons for an amount of $23,896.00.
Ayes 5, nays 0.
( * #15) 1991 BUDGET ADJUSTMENTS
It was moved by Jabbour, seconded by Butler, to approve the budget
adjustments as presented and to authorize the use of $53,325.00
from the General Fund Reserve to offset the General Fund revenue
shortfall. Ayes 5, nays 0.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
!. HELD MAY 26, 1992
( * #16) TEMPORARY EMPLOYEE - PARK DEPARTMENT
It was moved by Jabbour, seconded by Butler, to authorize the
employment of John Heuer, 5625 Bush Road, Mound as a temporary park
maintenance helper at an hourly rate of $7.50 per hour effective
May 18, 1992. Ayes 5, nays 0.
( * #17) SALARY AND PERFORMANCE REVIEW - GREG PALMER, MAINTENANCE
WORKER
It was moved by Jabbour, seconded'by Butler, to adjust Greg
Palmer's hourly rate to Level 5, Step 3 of the Compensation Plan,
$12.520 per hour effective May 21, 1992. Ayes 5, nays 0.
( * #18) LICENSES
It was moved by Jabbour, seconded by Butler, to approve the
following licenses:
Special Event:
IN Bass Tournaments - June 28, 1992
6:00 a.m. to 4:30 p.m. North Shore Marina
IN Bass Tournaments - September 20, 1992
6:00 a.m. to 4:30 p.m. North Shore Marina
One Day Non - Intoxicating Malt Liquor:
Northwest Tonka Lions - June 19, 1992 - Lakeview Golf Club
Garbage & Refuse License:
Blackowiak & Son Sanitation & Rolloff Service
Baldy Sanitation Inc.
Residential Kennel:
L. James & Kathleen Marier, 2775 White Oak Circle
Septic System Installer:
Dave Perkins Contracting
Sewerman - Merlin's
Motion, Ayes 5, nays 0.
JoE I I en Hurr stated that she has requested that the LMCD not i f the
City of all special events licenses that the LMCD approves. She
noted that if a property is not 1n compliance, such as North Shore
Marina, it should not be issued a special events permit. She also
noted the Council's concern over parking issues, and felt the bass
tournament maybe a problem in that respect.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MAY 26, 1992
LICENSES - CONT.
Sullivan noted he approved the organization requesting the permit,
not the location of the event.
Jabbour suggested they mention the license for the bass tournament
in the letter going to North Shore Marina, and suggest that if the
marina License is not issued, the license for the bass tournament
may be revoked.
( * #19) BILLS
It was moved by Jabbour, seconded by Butler, to approve payment of
the All Funds Account. Ayes 5, nays 0.
ATTORNEY'S REPORT
It was moved by Butler, seconded by Goetten, to adjourn the regular
Council meeting at 8:28 p.m. to Executive Session to discuss
pen.ding'litigation. Ayes 5, nays 0.,
ADJOURNMENT
I-t was moved by Mayor Peterson, seconded by Jabbour to adjourn the
Executive Session of the Council at 8 :45 p.m.
A Barbara A. Peter on, Mayor
ATTEST:
rothy $.I Ha I l i ti, City C I erk
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