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HomeMy WebLinkAbout09-09-1991 Council Minutes6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 9, 1991 ROLL The Council met on the above date with the following members present: Mayor Barbara Peterson, Councilmembers J. Diann Goetten, Edward Callahan, Gabriel Jabbour and Mary Butler. The following represented the City staff: Acting City Administrator John Gerhardson, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron, City Attorney Tom Barrett, City Engineer Glenn Cook and City Recorder Teri Naab. Ron Moorse was also present. Chief of Police Stephen Sullivan arrived at 7:27. Mayor Peterson called the meeting to order at 7:00 p.m. OATH OF OFFICE Acting City Administrator Gerhardson administered the oath of office to Ron Moorse, City Administrator. (##1) CONSENT AGENDA Mayor Peterson requested that Item ##2 be removed from the consent agenda. It was moved by Goetten, seconded by Jabbour, to approve the Consent Agenda, which includes the following items: approval of the minutes of the public hearing on the proposed facilities held on August 28, 1991; Park Lane access reconstruction issue; Fall Clean —up dates; performance review and compensation adjustment for Linda Walters and the Administrator's information. Agenda item number 2 has been eliminated from the consent agenda. 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 Butler requested the last sentence on Page 13, Item #18, be amended to reflect that Carole will be eligible for a salary increase to Level 4, Step 2, September 9, 1992. She also asked why the issue of current and future contracts with Long Lake was not on the agenda as requested by Acting Mayor Callahan at the last meeting, and also the issue of a possible change in City prosecutor. It was noted that these items would be covered under the Mayor's report and the City Attorney's report respectively. It was moved by Butler, seconded by Jabbour, to approve the minutes of the regular meeting of the Council held on August 26, 1991. Ayes 4, nays 0, abstention 1. Mayor Peterson abstained as she was not at that meeting. (##3*) APPROVAL OF MINUTES It was moved by Goetten, seconded by Jabbour, to approve the minutes of the public hearing held on August 28, 1991. Ayes`5, nays 0. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 9, 1991 t LAK9 MINNETONKA CONSERVATION DISTRICT JoEllen Hurr, City representative, explained that the LMCD has two committees active. The first committee is in charge of fees and they are proposing to raise fees to users by about $50.000. They are hoping that this will keep the LMCD from asking cities for any additional monies. Also, the late fee will be changed to reflect a percentage of the fee owed and will go up every month, as opposed to one flat late fee. She went on to explain the other committee is an ethics committee, which is working on the issue of interest or conflict of interest by members of the board. She is concerned that members of organizations on the board can vote on issues that specifically help that organization. Jabbour asked if this could pose a quorum problem. Hurr noted that there are only three members who belong to a specific organization. Hurr mentioned the next meeting of Orono's Lake Use Committee will be held on September 12th, and she will not be in attendance. She submitted a redraft of three sections -of the LMCD's plan, and explained a fourth section on implementation has been redrafted but is not for public release yet. Jabbour asked if these drafts have been adopted yet. He explained that the Council was unable to attend the LMCD's last meeting, but they were under the impression that language was to be changed in the plan and a draft was to be sent to Orono which was not yet received. Callahan explained that there was a draft up for consideration on August 21st and the Council was unable to attend at that time because of a conflicting meeting. At that meeting, at the request of.Callahan and Jabbour, the LMCD did make some changes, and there was to be a redraft of the whole proposal. On August 28th, the LMCD had another meeting and the Council was again unable to attend, but Representative Hurr went and was able to get the draft changed back to the way it was previously and suggested that the LMCD was out of line to change it in the first place. Callahan explained this was due to lack of communication with Hurr. He noted that there is now another draft of another section which will be submitted on September 12th. He felt it was important to have Council represented at that meeting. Jabbour did not concur that the Metropolitan Council was drafting the plan as a committee of 40 edited the draft word by word. He critized the Metropolitan Council for handing a draft to the Council on a Monday with a scheduled meeting on Wednesday to adopt that draft. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 9, 1991 LAKE MINNETONKA CONSERVATION DISTRICT — CONT. VIINN hl1 eI'1 +.,h ,at a i 1 chapter-s- .'..,..� l l 1. Vefo the B d t Ilul 1 o u ,at i 1 `. pL� ... :1 i ;.7 >r u�.! tJ l'.. Uiv O�Jat U at their meeting on the fourth =.�lednesday in September. At that point the Metropolitan Council is asking the LMCD to ratify it or send on to the cities for comment. It was clear, from the Metropolitan Council that the cities did not have another vote on the issue. Callahan suggested that Jabbour attend the meeting on September 12th and the rest of Orono's Lake Use Committee could meet at Orono. Hurr suggested that the Orono Lake Use Committee meetings be scheduled for mornings instead which may be better for attendance. She noted that the LMCD is under a time schedule set by the Metropolitan Council. She advised that she had the draft changed at the last meeting because of what is implied in Orono's Comprehensive Plan. Callahan noted the minutes of the LMCD's Technical Committee dealt entirely with discussion about storm water management. He felt that their original purpose was to review the DNR's proposed shoreland regulations. Hurr -noted that the regulations encompassed the issue of storm Water management. PUBLIC COMMENTS Ann Cosgrove, 1895 Fox Ridge Road, thanked the Council for the manner in 'which they handled the meeting with Long Lake on September 4th. She noted that they did an outstanding job on representing Orono no new roadbed position" and made a preliminary gesture to assist Long Lake should Highway 12 stay in the existing corridor. She felt they made a very positive impression on Steve Hay as :,ell as other people in attendance. (##4) #1663 MARK JOHNSON, 4465 BAYSIDE ROAD — PRELIMINARY SUBDIVISION RESOLUTION #3014 Mark Johnson was present for this application. City Administrator Moorse explained that this application involves the subdivision of one lot into two. He noted that all lots meet the lot area standards. He noted that. the issues involved are listed in the Planning Commission's recommendation of approval. Mayor Peterson noted there is a blank date on the resolution for the removal of the shed and pole barn. MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 9, 1991 ,. =39NINa FIDE #1563 — CONT. " ^a.".Us �'` a ;:e^ app 1 i can L what, a I eas 1 it 1 8 date WGii i u tJc for the removal of those structures. Johnson said they could be removed within 60 days. Mabusth noted that would be November 9th, which would be 60 days from the date of preliminary approval. Callahan felt that it should be stated in the resolution that the lot with the barn meets the 2 acre minimum with a principal residence. Mabusth advised that will be stated in the resolution granting final plat approval. It was moved by Butler, seconded by Goetten, to adopt Resolution #3014 approving the preliminary subdivision application for Mark Johnson for property at 4465 Bayside Road, per the Planning Commission recommendation and with the inclusion of wording in the resolution that states that the s.hed and pole barn will be removed by November 9, 1991. Ayes 5, nays 0. ( #5) #1668 CITY OF ORONO 700 OLD CRYSTAL BAY ROAD NORTH — - PRELIMINARY SUBDIVISION RESOLUTION #3015 Callahan explained that this application is to subdivide a portion of the property which the City'is purchasing for the proposed facilities. The purpose of the subdivision is to take the City facility property out of the overall plot. It was moved by Callahan, seconded by Butler, to adopt Resolution #3015, granting preliminary subdivision approval to the City of Orono for property located at 700 Old Crystal pay Road-North. Ayes 5, -nays-'"0'. ( #6) #1671 BRUCE TURNER, 3800 WAYZATA BOULEVARD WEST CONDITIONAL USE PERMIT Bruce Turner and Tim Otten were present application. for this Moorse explained that this is an application for a conditional use permit to continue a non — conforming use of residentially zoned property. He pointed out there are a number of issues including: the lapse of the non — conforming use, whether the Council can legally grant a change from one non — conforming commercial use to a new non — conforming commercial use, and if the use is compatible with surrounding residential uses. Goetten asked Barrett to comment on ability to extend the use to the applicant. 0 .%.MIN.UTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 9, 1991 ZONING FILE ##1671 — CONT. Barrett informed the Council that they must determine if the non — conforming use has been abandoned and determine whether the use proposed is significantly different than the previously approved use. Jabbour clarified that if abandonment is established, the Council has a legal obligation to revert the property to residential use. Barrett concurred that if the non— conforming use is determined to be abandoned, the Council cannot grant use variances. Tim Otten, 300 Angel Avenue, Watertown, joint owner, noted that the previous owner defaulted on the contract for deed and he and his brother purchased the property.in May from the original contract for deed holder. He noted that is why the property has been vacant for so long. Butler advised Otten that the use of the term abandonment refers to the approved use and not the land itself. She asked when the previous use ceased. Turner informed the Council that he had found deposit slips in the building dated December 1990 and he noted the letter included with his application that stated that the property was used up until mid -1991 for the sale of vegetables in the parking lot. Gary Kirk, owner of Paul's Produce, explained to Turner that he had granted permission to use the property until January 1991. Goetten compared the situation to that on Shoreline Drive as both properties discontinued use because of extenuating circumstances. She felt that the property is not suitable for residential use and would like to see a commercial use continued'. Jabbour explained that they needed to determine the exact date of discontinued use on the property. He informed staff that he would like to see the resolution which approved the most recent conditional use permit application to see if the use is compatible with what is being proposed. Mayor Peterson concurred.with Jabbour. Butler felt that the property is not an appropriate spot for residential use and may at some time in the future be appropriate as part of a clover leaf interchange for Highway 12. She felt that deposit slips did not adequately show that a business existed during that time period and she noted to the applicant that he must validate it in another way. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 9, 1991 ®NING FILE #p1671 — CONT. Charlie Kelly, Planning Commission Member, noted that the property was originally used as a partial residential /commercial building. He advised that he voted against the application as he felt the use had ceased. Ed Cohen, Planning Commission Member, concurred that he felt the use had technically been abandoned. . Mabusth asked for further clarification from Council to determine if the selling of vegetables in the parking lot would constitute "use" under the conditional use permit. Jabbour instructed applicant to produce proof that the property was operating as of July 25, 1990 within the existing parameters of the existing conditional use permit approval. He suggested that the applicant supply cancelled checks for the rental of the property. It was moved by Callahan, seconded by Goetten, to table application ##1671 for Bruce Turner for property at 3800 Wayzata Boulevard to allow the applicant time to produce valid documentation of continued use until July 25, 1990 of the property. Ayes 5, nays 0. Turner pointed out the successful businesses in the immediate area. He informed the Council of his desire to upgrade the building for a showroom business. Goetten informed the applicant that they had to deal with legal issues before they could welcome his new business. Callahan added that the Council is limited in their ability as to what they can permit under the previous conditional use permit approval. Barrett stated that Council is free to determine intensity of use, and perhaps should look at the past use and the "seasonableness" of that use. Y I Mabusth advised that the Planning Commission did not make a recommendation on the use proposed and before Council makes a decision,. it would have to be reviewed by the Planning Commission again. Turner asked if the documents would have to be notarized. Goetten said they would just have to be signed by previous owner. Mabusth asked Turner where another business like his is located. Turner felt that it would be closest to a small scale Grabow— Daniels. 0 .M•INU.TES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 9, 1991 (#7) #1573 DANIEL J. KLUTH, 2801 FOX STREET VARIANCE — RESOLUTION ##3016 Daniel Kluth was present for the application. Moorse summarized the applicant's request as a variance to the front yard setback to build a detached garage in front of the existing residence. He noted that the Planning Commission voted unanimous approval. Moorse stated that the hardships were that the house is set far back from the street, is at an angle, and to put the garage further back would destroy vegetation, mainly a black walnut tree. It was moved by Goetten, seconded by Butler, to adopt Resolution ##3016 granting a variance to Daniel Kluth for property located at 2801 Fox Street to build a detached garage. Ayes 5, nays 0. ( #8) #1674 THOMAS & ALICE STUCK 4365 NORTH SHORE DRIVE VARIANCES — RESOLUTION ##3017 Thomas and Alice Stuck were present. Moorse explained this is an application requesting variance to hardcover, side setback and lot coverage ordinances to build a two —story addition and a deck to that addition. He noted that the Planning Commission recommended approval of the side setback variance and a conditional approval of the hardcover variance subject to no increase above the existing percentage of hardcover. Mrs. Stuck noted that they are requesting to build the deck as proposed which would be only 183 s.f. more of hardcover and this would give them a second story deck which would over look the lake. Goetten asked if there was a way to eliminate some `.of the' rock around the house. Mr. Stuck noted that they have water problems in the basement and that is why the rock is there. He noted that they cannot reduce the driveway size because of safety reasons. It was moved by Jabbour, seconded by Mayor Peterson, to adopt Resolution #3017, granting side setback and lot coverage variances and conditional approval of a hardcover variance per the Planning Commission's recommendation to construct a second story addition and deck for Thomas and Alice Stuck for property located at 4365 North Shore Drive. Ayes'5, nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 9, 1991 ( #9) #1675 NINA WILDMAN, 560 SUSSEX CIRCLE AND 3045 SUSSEX ROAD SUBDIVISION OF A LOT LINE REARRANGEMENT — RESOLUTION #3018 Moorse explained this is a lot line rearrangement basically to bring control of a pond in one lot under control of another lot. Goetten asked if the condition that a drainage and utility easement be executed could be added to the resolution. Gaffron agreed, noting that staff determined it is appropriate to keep the existing drainage and utility easement, but a new easement following the proposed lot line is also appropriate. It was moved Resolution #3018, rearrangement for Sussex Circle and being amended to utility easement applicant. Ayes 5, by Butler, seconded by Go granting subdivision of Nina Wildman for properties 3045 Sussex Road subject to include the condition that along the proposed lot line nays 0. etten, to adopt a lot line located at 560 the resolution a drainage and be executed by ( #10) INITIAL REVIEW OF PARK COMMISSION APPLICATIONS It was moved by Mayor Peterson, seconded by Jabbour, to conduct interviews of the three Park Commission applicants on September 23, 1991 at 7:00 p.m. Ayes 5,-nays 0. MAYOR /COUNCIL REPORT Mayor Peterson announced that Mel Olson passed away recently. Mr. Olson owned a business at the end of Dunwoody Avenue within Orono for many years. She offered her condolences on behalf of' herself and the Council to the family of Mr. Olson. Mayor'Peterson also announced that Mrs. John Pillsbury, Sr. passed away on September 8th. She noted that during the centennial celebration, Mrs. Pillsbury was honored as Orono's most senior resident. She offered condolences to the family on behalf of herself and the Council Members. Mayor Peterson stated that Mayor Swartwood of Long Lake is seeking from member cities who contract fire service from Long Lake a Council Member to serve as liaison with the fire department. Callahan noted that despite what Long Lake wants, the City should run the way it was set up to run, through the City Administrator. Mayor Peterson noted that the contract is written to include a liaison. 8 z M.INOTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 9, 1991 MAYOR /COUNCIL REPORT — CONT. Butler noted that she would rather discuss changing the fire department altogether than send a liaison. Mayor Peterson announced the hazardous waste dump site on September 13th and 14th. She asked if the residents had been notified. Gerhardson confirmed that it has been published in the newspaper and posters have been posted. He noted that the West Hennepin Recycling Commission is responsible for the event. Mayor Peterson asked if Gerhardson had received invitations to attend meetings by the Metropolitan Council and the Hennepin County Conservation District. Callahan remarked that the Watershed District is going to be dealing more with storm water in the future, and we should be more involved with them. Callahan noted the letter received by Hennepin Suburban Parks which indicated they wish to take a more active role in regulating water quality. He noted the letter from Mayor Accromite of Medina and felt the Council should draft a similar response. Goetten asked when a reception would be held for the two new staff members. Mayor Peterson explained they intended to wait for a couple of weeks. Callahan noted that they need to seriously look at the fire service contract with Long Lake. He noted that the present contract results in Orono paying from 80 to 100% of the cost of the service. He surmised that the cost paid could be better used somewhe -re else. He felt that in the future,. Long Lake Fire Department may have problems providing the service. He noted the irregularities by the controlling agency of the fire department within the contract terms and budget figures supplied to Orono. He felt that Orono would be looking more for cooperative activities with surrounding cities. It was moved by Callahan, seconded by Jabbour, to instruct the City Administrator to review the current fire service in the community and to report back to Council with findings and recommendations. Ayes 5, nays 0. Butler asked if the discussion about fire protection at the last Council meeting included only service provided to the northern portion of Orono. She expressed that the Long Lake Fire Department has done an exceptional job, and that all problems are with the administration of that department. 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 9, 1991 MAYOR /COUNCIL REPORT — CONT. Callahan added that lower insurance rates may be available if the fire station were located in a different place or somehow provided to Orono residents differently. He noted the study should include other areas in which increased service might be of some value to Orono. Goetten noted that the contract is up January 1, 1992, but the deadline for changes is September 20th. She assumed that nothing would be changed for next year. Jabbour expressed that he has very serious concerns regarding this issue. Callahan noted that not only does Orono have a deadline for stating concerns, but Long Lake has the same deadline to provide the proposed budget to Orono, which in the past has not happened. Callahan went on to explain the problems with the police contract. He requested from the City Attorney a dollar amount owed by Long Lake to Orono and has now realized that they owe for both 1989 and 1990. Barrett explained they owe $9,900 for overtime incurred in 1989. He recounted that the remainder of the amounts due involve undisputed amounts which are unpaid. Callahan suggested that the City Administrator write a letter to Long Lake specifying in the farm of a bill what is due and explaining those charges. He noted if nothing is done by September 22nd, they take the matter up at that point. Goetten noted that a deadline should be specified. Jabbour directed that the letter indicate response should be directed to the City Administrator. Butler asked if any of the 1991 fees have been paid by Long Lake for police service. It was moved by Callahan, seconded by Jabbour, to direct the City Administrator to write a letter to Long Lake specifying in the form of a bill what is due and explaining those charges, and directing them to respond by September 22, 1991. Ayes 5, nays 0. It was moved by Callahan, to inform the City Administrator of the policy of the City Council that he is to deal solely with Long Lake or delegate this authority to staff members at his discretion. 10 ., . .. — SEPTEMBER 9, 199 .MIN.UTES OF THE REGULAR ORONO COUNCIL MEETING MAYOR /COUNCIL REPORT — CONT. Sullivan explained he is scheduled to appear before the Long Lake Council at their meeting on September 17th to explain services. He asked if Council felt this appropriate. He noted policy issues which may come up will be referred to the City Administrator. Butler felt that since there is a contract in force, he must act in a business —like way and honor his commitments. ( #11) 1992 LAKE MINNETONKA CABLE COMMBNICATIM NMM M19N 9999Efi Moorse explained this item is the 1992 budget for the Lake Minnetonka Cable Commission. He expressed concern about percentage increases in salaries. Butler noted that Spring Park expressed the same concern. Goetten felt that the City couldn't make changes but they should certainly express their concerns. Moorse felt that the budget is a guide for the Commission and represents a maximum amount. He felt if enough cities voiced opposition, the budget would have to be changed. Mayor Peterson directed Tim Pattrin, Representative to the Commission, to voice the concerns of the City at the next meeting. She directed the City Administrator to draft a letter voicing the City's concerns and to copy that letter to other member cities of that Commission, Tim Pattrin and Mary Butler. (#12) WOODHILL SEWER AGREEMENT Gerhardson noted the agreement has been changed in a couple of areas. On Page 2, Item 7, the M.W.C.C. will no longer be included in setting the number of units or rates. Likewise in Item 8, they no longer will be involved. Moorse asked how the sewer rate is determined. Gerhardson explained it is a flat rate per unit. He noted they will be installing meters to check on water usage also. Jabbour asked if we would have the right to adjust rate based on that usage. Gerhardson noted we would. He noted that a copy of the plan has been submitted to the City Engineer and an easement over the private property has been acquired. It was moved by Butler, seconded by Mayor Peterson, to approve the agreement with Woodhill Country Club for the construction of a sanitary sewer line from their property and facilities to the existing municipal sanitary sewer line at Russell Avenue and for the ownership and maintenance of the sewer line thereafter. Ayes 5, nays 0. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 9, 1991 �;i'�.` (##13'x) PARK LANE ACCESS RECONSTRUCTION It was moved by Goetten, seconded by Jabbour, to.accept the information and to direct the City Engineer to prepare a cost estimate for the repairs of the access. Ayes 5, nays 0. (##14 *) FALL CLEAN UP DATE It was moved by Goetten, seconded by Jabbour, to designate October 19, 1991 as Orono Fall Clean —up Day. Ayes 5, nays 0. (15 *) PERFORMANCE REVIEW /COMPENSATION ADJUSTMENT — LINDA WALTERS It was moved by Goetten, seconded by Jabbour, to adjust Assistant Finance Director Linda Walters' compensation from Level 6, Step III to Level 6 Step IV ($13.899 per hour) effective September 1, 1991. Ayes 5, nays 0. (##16*) ADMINISTRATOR'S INFORMATION It was moved by Goetten, seconded by Jabbour, to accept the information on the Lake Minnetonka Conservation District 9/5/91 agenda and minutes and Technical Review Committee 8/22/91. Ayes 5, nays 0. (##17) CITY FACILITIES — HRA ENABLING RESOLUTION Barrett explained he does not have a HRA Enabling Resolution ready at this time. Callahan clarified that the purpose of the resolution is to allow the City to charge specific expenses to the HRA. He noted that the closing for the land is set for September 20th and felt that this money should not be paid out until this resolution is adopted. He felt that a special session should be held to adopt the resolution prior to that closing date or suggested that the closing date be postponed until after September 23rd. He directed staff not to pay any bills prior to adoption. Mabusth asked if they would be allowed to close without final plat resolution. Barrett informed her the sale can be completed conditioned upon finalization of that plat. Jabbour pointed out that they need to obtain title insurance. 12 .�,M.INUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 9, 1991 PROSECUTOR'S CONTRACT — CITY ATTORNEY'S REPORT Barrett explained the legal contract currently is with the Popham, Hail: law firm and felt that changes have occured which could change the position of the Council. He noted that the amount and number of fines is declining which was a source of revenue. He reviewed a number of alternatives the City had and felt that it would be appropriate to ask for RFPs. He noted this could be reviewed at the next meeting to allow Mr. Moorse time to review the issue. Moorse felt it would be appropriate for both he and Chief Sullivan to review the situation. (#18 *) LICENSES It was moved by Goetten, seconded by Jabbour, to approve the following licenses: Minnesota North Star Chapter — Gambl•ing Permit National Multiple Sclerosis Society A. 3380 Shoreline Drive — Jimmies Lounge Resolution X3019 r Day Non — Intoxicating Minnetonka Center for the Arts — One Malt Liquor License 2240 North Shore Drive October 12, 1991 — 10 a.m. to 4 p.m. Dave Perkins Contracting Inc, Septic System Installer 15775 Juniper Ridge Dr, Anoka Rebers Construction Co. — Special Events Permit Parade of Homes, Sugar Woods Subdivision 9/8/91 through 9/22/91; Monday— Friday 3 -9 p.m. Saturday & Sunday 1 -6 p.m. Suzanne D. Fackler — Residential Kennel License 3700 Togo Road Ayes 5, nays 0. (##19'x) BILLS It was moved by Goetten, seconded by Jabbour, to approve payment of the All funds Account. Ayes 5, nays 0. EXECUTIVE SESSION At 9:35 p.m., City Attorney Barrett requested that Council adjourn to an Executive Session for the purpose of discussing labor negotiations. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING — SEPTEMBER 9, 1991 ADJOURNMENT It was moved by Butler, seconded by Goetten, to adjoun the Regular Council meeting at 10:0101 p.m. Ayes 5, nays • 0. Barbara A. Peterson, Mayor 14