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HomeMy WebLinkAbout03-10-1986 Council Minutes� M• MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 ATTENDANCE 7:00 PM CONSENT AGENDA* The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Adams and Frahm. Absent: Councilmembers Grabek and Hammerel. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, Building Inspector Jacobs, and City Recorder Peterson. City Attorney Barrett was also present. It was moved by Councilmemb6r Frahm, seconded by Councilmember Adams, to approve the Consent Agenda* subject to removal of Item #21 (Planning Commission Appointment). Motion, Ayes 3, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the Minutes of the February 24, 1986 Council meeting. Motion, Ayes 3, Nays PLANNING COMMISSION COMMENTS Planning Commission Chairman Kelley was present. He stated that they would appreciate involvement by the community regarding the Highway 12 Corridor project, the more people that show up the better for everyone. PUBLIC COMMENTS At this time, Jerry Wheeler, 3399 Crysta 1 Bay Rd., read a petition signed by approximately 100 signers requesting the reappointment of William Sime to the Planning Commission. He noted that there was alot of disappointment voiced about the apparent lack of respect for the publics' desires by the City Council. He asked the City Council to explain why two other Planning Commission representatives were reappointed and Mr. Sime was not. Mayor Butler stated that she has already stated for the record her feelings regarding the subject which are in the minutes from the December 9, 1985 Council meeting. Councilmember Adams responded by stating that the Council was ready to make the two appointments made and were not ready to make the third appointment for reasons which are in the public record. Mr. Wheeler asked Councilmember Adams if that reason was because Mr. Sime was not a "team player "? 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 PUBLIC COMMENTS continued Councilmember Adams stated that was not the total of the reasons and stated he did not wish to debate this further in this forum. Mr. Wheeler asked the Council if they intend to honor this request to reappoint Bill Sime and /or expand the Planning Commission to include him. He stated that if the Councilmembers do not honor the citizens desires, they will have some difficulty with re- election this fall. Bill Anderson, 2760 Shadywood Rd., noted that he would like to get a copy of the minutes regarding this subject. Duane Hall, 1860 Shadywood Rd., asked Mayor Butler if she planned to share her views regarding the charges made by Mr. Sime in his letter to the Council. Mayor Butler stated that she would not make any comment regarding Mr. Sime's letter. Councilmember Frahm stated that Mr. Sime was asked to appear before the Council to discuss reappointment, but he chose not to and rather wrote a letter regarding his feelings. ZONING ADMINISTRATOR'S REPORT: #967 AND #968 JOHN B. IDSTROM 2580 FOX STREET PRELIMINARY SUBDIVISION/ CONDITIONAL USE PERMIT Present for this matter were the applicant's, John B.A. Idstrom II and David M. Ostreim, and their surveyor, Mark Gronberg. City Administrator Bernhardson explained the request for a subdivision with variance for- driveway to cross wetlands and a variance for frontage on a public street together with a request for a conditional use permit to fill on wetlands. Assistant Zoning Administrator Gaffron referred to his memo on lot frontage' requirements regarding public street versus non - public street. He noted that the subdivsion essentially meets the criteria save the technicality of the frontage requirements. K MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 #967 & #968 IDSTROM continued Assistant Zoning Administrator noted that the driveway has been reviewed by staff and finds no problem with the access location. He also noted the potential of a future third lot which would create problems for the applicant. Mayor Butler stated that the resolution should note the potential problems regarding future re- subdivision which would require the relocation of the access to properties off the private street. Mr. Idstrom stated he was not concerned with a third lot at this time and would deal with that problem in the future if it arose. Councilmember Adams stated he found no problem with the proposed subdivision of two lots only but would if there were three. It was moved by Councilmember Adams, seconded by Councilmember Frahm, directing staff to draft a resolution with the appropriate variance relating to the frontage and specifying that this is approval of two lots noting the future problems of a third lot, to be presented before final approval at the March 24, 1986 Council meeting. Motion, Ayes 3, Nays 0. #990 WARD FERRELL 3405, 3411, 3415 WATERTOWN ROAD VARIANCE Ward Ferrell was present for this matter along with his attorney, Leroy Haglund. City Administrator Bernhardson explained the request for a variances on two existing lots, which are in the 2 acre zone and are substandard under the current code. He stated that this was presented last May as a zoning appeal. He noted that applicant has had septic site testing done and has proposed acceptable primary and alternate sites. Mr. Haglund stated that applicant's dream was to build a house on one of these lots and was platted as such many years ago. He submitted a petition signed by the neighbors stating they have no objections to this proposal. He also submitted aerial photos to show that the applicant's proposal would not be inconsistant with the area. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 #990 FERRELL continued Mayor Butler explained the problems that are involved in this application and that the reason this area was rezoned in 1974 to 2 acre lots was the problem with septic system overcrowding and failure on 1 acre lots. She noted that other similar applications have been denied for this same reason and Council would'be setting a precedent by approving this. Mr. Haglund stated that this situation is unique and that properly installed septic systems do not fail. Councilmember Adams stated that problems are showing up with septic systems in 1 acre areas. Assistant Zoning Administrator Gaffron reviewed the history of the zoning code from 1950 to present. He noted the similar request by Alden Anderson in 1981 which set a precedent for denial in these cases. Mr. Haglund stated there there is no proof of setting a precedent by approving this because of the unique situation. Mr. Ferrell stated that the present zoning code would prevent subdivision requests of 2 acre parcels, but he has already subdivided his property, upon the request of the City. Mayor Butler stated that she felt the entire Council should be present to make a decision on this application. Mr. Ferrell stated that the Council has a moral obligation to honor previous councils' actions. It was moved by Mayor Butler, seconded by Councilmember Adams, to table this application until the April 14, 1986 Council meeting for the presence of the entire Council. Motion, Ayes 3, Nays 0. #1006 CHRIS & DALE PALM 1710 SHADYWOOD ROAD VARIANCE RESOLUTION 11936 City Administrator Bernhardson explained the request for hardcover variances to construct a home addition and attached garage. The proposed hardcovers increases are from 17.5% to 18.2% in the 0 -75' zone; the proposal shows a decrease from 27.3% to 26.8% in the 75 -250' zone, but on staff's recommendation for safety reasons, a back -up apron should be included, so the proposed hardcover would be increased to 29.0 %. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 #1006 PALM continued Henry Dean Lindner, Builder & Agent for the applicant, was present for this matter. He explained a proposed layout of the house interior. In order to help alleviate the concerns and amount of hardcover, Mr. Lindner presented samples of grating material that could potentially be used for the sidewalk and driveway and not be considered hardcover. He noted that they are also open to concrete runner pads for driveway use. Councilmember Frahm stated that he felt strongly regarding no additional hardcover being allowed in the 0 -75' zone. Mr. Lindner stated that he felt he could maintain the existing hardcover in the 0 -75' with little or no increase in the 75 -250' zone. Mayor Butler stated that she would be willing to eliminate adding in the necessary back -up apron as hardcover for safety factor. After further discussion, it was determined that the back -up apron must be included in the hardcover calculations. It was moved by Mayor Butler, Adams, to adopt Resolution following amendments: a) existing hardcover in 17.5% b) increased hardcover in 29.0 %. Motion, Ayes 3, Nays 0. seconded by Councilmember #1936, subject to the 0 -75' be maintained at 75 -250' shall not exceed #1007 ROBERT & CAROL TRAPP 4701 WEST BRANCH ROAD PRELIMINARY SUBDIVISION City Administrator Bernhardson explained the request for a preliminary subdivision which meets all the standards. He noted that it fronts on the dedicated public right - of -way, but that is not developed as yet, it will be accessing on West Branch, and should be required to access on Highview Lane should that ever be developed. Carol Trapp was present for this matter. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the preliminary subdivision subject to staffs recommendation and subject to requiring access on Highview Lane if ever developed. Motion, Ayes 3, Nay 0. 61 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 $1008 JOHN S. PILLSBURY, JR. 315 WOODHILL ROAD FINAL SUBDIVISION RESOLUTION #1937 Robert Hartfiel was present representing John S. Pillsbury, Jr. City Administrator Bernhardson explained the request for final approval of a Class I subdivision which consisted of.splitting a 42 acre parcel into two parcels; larger parcel sold to Woodhill Country Club and an eight acre parcel to be sold off separately. He noted that the 8 acre lot would be served by an existing driveway that comes off Woodhill Rd. and would require a street front variance. Councilmember Adams questioned whether he should step down from the Council in this matter due to the fact that he is an elected Board of Directors Trustee for Woodhill Country Club, however he does not feel there is a particular conflict. Attorney Barrett stated he could not give a legal opinion at this time but does not see an absolute impediment with Councilmember Adams voting. Mayor Butler and Councilmember Frahm stated they had no objections to Councilmember Adams remaining on the Council for this matter and saw no reason to delay it further. It was moved by Councilmember Frahm, seconded by Mayor Butler, to adopt Resolution #1937 approving a Class I Subdivision for John S. Pillsbury, Jr. Motion, Ayes 3, Nays 0. $993 TONRA TRANSMISSION 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT Craig Olson, owner of Tonka Transmission, was present for this matter. City Administrator Bernhardson explained the application request for modification of original permit a)increase of parking from 10 stalls to 17 stalls b) dispensing of gasoline to limited amount of customers. Zoning Administrator Mabusth noted that at the November Planning Commission meeting, two adjacent neighbors were, present with major concerns, however she felt•their major objections centered on the upkeep of the property rather than the use. 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 #993 TONRA TRANSMISSION continued Zoning Administrator Mabusth stated that staff felt that the proposal was not really an intensification of use but merely reflected the real use that was approved in 1983. Staff recommends approval of 14 parking stalls subject to a)applicant being prepared to being ticketed when in violation, and b)general landscaping and upgrade of the property being made. MAYOR'S REPORT: Mayor Butler suggested closing off the County Rd. 15 access to obtain more parking stalls. Craig Olson stated it was possible, but an ingress and egress is important where towing is concerned. Mayor Butler noted on the application within the Description of Request, "allow limited number of cars for sale on premises ". She stated that the site is too limited and she would not be in favor of that type of use. Councilmember Frahm stated that there has always been a problem with disorganized parking around the pump area, and felt that removal /relocation of the pump would solve this problem. Building Inspector Jacobs stated he would have to review the suggested relocation of the pumps to the side of the building. It was noted that there is the potential of 18 parking stalls if the pumps were removed /relocated. Mr. Olson asked the Council if he were to removed the pumps and tanks to eliminate gas dispensing, would there be a problem to revert back to a service station if he were to sell the property. Council indicated that they had no problem with approving that but they could not guarantee future councils' decisions. Based on these suggestions, it was moved by Mayor Butler, seconded by Councilmember Adams, to table this application until the March 24th Council meeting for applicant to propose an alternative plan. Motion, Ayes 3, nays 0. Mayor Butler had nothing to report at this time and she turned the floor over to Councilmember Adams. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 MAYOR'S REPORT continued Councilmember Adams reported that he attended a meeting on the new Dakota Rail which has purchased the Wayzata to Hutchinson line that runs through Orono. He stated that scenic excursions and other recreational proposals are being made. He noted that there may be concerns regarding the City and felt someone should be policing the project. City Administrator Bernhardson stated that there are some bad sections of railroad to be concerned about but that some sections were replaced recently. He stated that staff will review and report back in a month. CABLE TV REPORT:.; I There was no Cable TV Report at this time. CITY ADMINISTRATOR'S REPORT: BIG ISLAND HAZARDOUS BUILDING PROCEEDINGS RESOLUTIONS #1942 THROUGH #1975 City Administrator Bernhardson recapped this matter stating that the 185 Legislature re- established the Big Island Board of Governers. The Board is composed of representatives from four different veterans organizations: American Legion, VFW, Disabled Veterans, and Order of the Purple Heart (2 representatives each). Title was given to the Big Island Board of Governers in December and the State has apparently tendered them monies (approximately $25,000 - $30,000) with a stipulation. Additionally, Orono has been in the process of commencing hazardous building proceedings against all the buildings on the island. Back in August, Mr. Jim Lund, based on the institution of the Board, to work together on the removal of just the worst buildings which for the most part has been done. Staff recommends . that Council pass the hazardous building proceedings at this meeting and that the staff will hold them in abeyance from filing with the courts for a period of 30 days in hopes of receiving the appropriate time table from the Big Island Board of Governers and if adequate progress is not made, staff will then file them with the court. It was noted that a conditional use would also be required and recommended that the Board of Governors make application. Additionally, City Administrator Bernhardson noted that Roy's Bait of Excelsior has been storing approximately 30 -35 fish houses on the island which is in violation of zoning code and hardcover requirements; and is a, fire hazard.. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 BIG ISLAND continued Representing the Big Island Board of Governors was: Stuart H. Gorney, Donald M. Miller, Leonard A. Carlton, and Ken Erickson. Also present was Joe Backes, a Big Island property owner. Don Miller, acting as spokesman for the Big Island Board of Governors, explained the history and problems in support of keeping and upgrading the Veterans Camp. He stated that since the Big Island Board of Governors was formed, the only thing they have been able to accomplish in this short time is having an architectual design drafted. He felt that the City should allow them a year to solve this problem. Mayor Butler noted that the City's interest represents a safe camping environment for all concerned. She stated that she has no problem allowing a year to work this out, but she wants a plan with a timetable presented and assurances that it is going to be carried out. Regarding making application for a conditional use permit, the Board representative(s) stated they will apply within 10 days for the appropriate permit for overnight camping for the work crews only for the year of 1986. City Administrator Bernhardson noted a couple of major concerns if the Veterans Camp were to be rebuilt and operated: 1,. The density of the number of buildings in accordance with the standards. 2. Adequate water supply and septic system. 3. Storage of fish houses to be eliminated. It was moved by Councilmember Frahm, seconded by Councilmember Adams, directing the removal of the fish houses from Big Island by May 15, 1986. Motion, Ayes 3, Nays 0. It was moved by Councilmember Frahm, seconded by Councilmember Adams, directing staff to secure from the Board of Governors the Conditional Use Permit application no later than March 28, 1986, if this is not submitted to commence with the Hazardous Building proceedings; and that the Board of Governors will submit a long range plan by December 31, 1986. Motion, Ayes 3, Nays 0. VJ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 BIG ISLAND continued It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolutions #1942 through #1975 and approve the filing of the Hazardous Building proceedings no earlier than April 15, 1986. Motion, Ayes 3, Nays 0. Joe Backus suggested that the Council do a personal tour of the island. HAZARDOUS BUILDING PROCEEDINGS - RESOLUTIONS #1938 & #1939 It was moved by Councilmember Frahm, seconded by Mayor Butler, to adopt Resolutions #1938 & #1939 Ordering Abatement of Hazardous Building Action at: Res. #1938 - 1385 Cherry Place Res. #1939 - 3220 Watertown Road Motion, Ayes 3, Nays 0. LIQUOR STORE OPERATIONS - 1985 City Administrator Bernhardson reported that he underestimated the amount of loss due to higher than anticipated expenses, final statement indicating a loss in 1985 of $8,600. He reported that to -date the projected estimates are ahead of targets for 1986. First quarter report to be reviewed and submitted at the end of April or first May meeting. It was moved by Councilmember Frahm, seconded by Mayor Butler, that the Council adopt the information presented for the Liquor Store Operation 1985 and direct staff to closely monitor the operation. Motion, Ayes 3, Nays 0. CASCO CIRCLE PARK /SNOWMOBILES Public Works Coordinator Gerhardson reported that the interested party was not in attendance but did express her concern that this is a "worthwhile" matter. It was moved by Councilmember Frahm, seconded by Mayor Butler, that the Council authorize posting of the sign, prohibiting snowmobile activity in Casco Circle Park, as noted at the location and that Police undertake reasonable efforts to enforce the ordinance currently contained in Orono codes. Motion, Ayes 3, Nays 0. HEALTH INSURANCE - RETIREES AND PERMANENTLY DISABLED RESOLUTION #1940 It was moved by Councilmember Frahm, seconded by Mayor Butler, that the City Council adopt Resolution #1940 relating to continuation of health insurance benefits for persons who leave employment with the City of Orono. Motion, Ayes 3, Nays 0. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 SPECIAL EVENTS* ORDINANCE 122 SECOND SERIES It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the City Council adopt Ordinance #22 Second Series as amendmments to Ordinance Numbers 5.25 and 6.08. Motion, Ayes 3, Nays 0. WOLSFELD WOODS* It was moved by Councilmember Frahm, seconded by Councilmember Adams, that Council direct staff to write a letter supporting location of a caretaker in the location most advantageous for that person to monitor activities in and around Wolsfeld Woods. Motion, Ayes 3, Nays 0. 1986 POLICE /LELS CONTRACT* It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the City Council accept the settlement terms for 1986 contract between the City of Orono and Law Enforcement Labor Services. Motion, Ayes 3, Nays 0. 1986 HEALTH CONTRIBUTION* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adjust the amount for basic life insurance and for family health insurance coverage from $146 per month to $151 per month retroactive to January 1, 1986. Motion, Ayes 3, Nays 0. CATASTROPHIC SICK LEAVE BANK* It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the Council amended the policy for sick leave to include a bank for accrual of up to 320 additional hours (for use in catastrophic instances) when a person amasses more than 960 hours and that staff prepare the appropriate amendment to the Administrative and Personnel Policy effective January 1, 1986. Motion, Ayes 3, Nays 0. STUBBS BAY SCHOOL It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the City Council express its gratitude to Katherine Cram for her offer of Stubbs Bay School, but given the fact that the City need to move together with the expense of fixing up and the fact that the City does not have a strong use for it, that the City respectfully decline the offer. Motion, Ayes 3, Nays 0. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 METRO COUNCIL °S LAKE MINNETONKA TASK FORCE LAKE ACCESS Given the fact that the Council's stance is the same regarding this matter, it was moved by Councilmember Frahm, seconded by Councilmember Adams , that the City Council direct the City Administrator to deliver their concerns on the draft report of Metro Council as it relates to Lake Minnetonka use and access. Motion, Ayes 3, Nays 0. PLANNING COMMISSION APPOINTMENT Councilmember Frahm suggested that the Council make one more offer to Mr. William Sime asking him to meet with the Council to discuss re- appointment. He noted that he personally had no qualms regarding his actions as a Planning Commission member. Councilmember Adams stated that the offer already has been made to Mr. Sime and felt there was no purpose in re- extending that offer. Mayor Butler concurred that there was no purpose in prolonging this matter further. It was moved by Councilmember Adams, seconded by Mayor Butler, that Maureen Bellows be appointed to the Planning Commission vacancy. Motion, Ayes 3, Nays 0. IRVING ENGLISH PROBATION* It was moved by Councilmember Frahm, seconded by Councilmember Adams, that Chip English be approved as having completed probation as of March 10, 1986. Motion, Ayes 3, Nays 0. Motion, Ayes 3, Nays 0. JOINT USE DOCK /FOREST ARMS HOMEOWNERS ASSOCIATION* RESOLUTION #1941 It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the City Council adopt Resolution #1941 to issue a Joint Use Dock License to Forest Arms Country Club Addition Homeowners Association subject to the conditions noted for the period of January 1, 1986 to December 31, 1986. Motion, Ayes 3, Nays 0. YEAR XII C.D.B.G. FUNDS* - PUBLIC HEARING MARCH 24, 1986 It was moved by Councilmember Frahm, seconded by Councilmember Adams, that Council approve setting of a Public Hearing for Year XII of the Community Development Block Grant Program for April 14, 1986 at 7:00 PM. Motion; Ayes 3, Nays 0. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 C.D.B.G. FUNDS* continued (NOTE: At the end of the Council meeting, it was discovered that there would be a lack of a quorum present for the March 24th meeting, therefore the Public Hearing was rescheduled and notice to be republished for April 14, 1986.) C.D.B.G. SEWER ASSESSMENT* It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the Orono City Council concur in the distribution of funds as outlined. Motion, Ayes 3, Nays 0. EMPLOYMENT /TEMPORARY PART TIME* - JAMIE BOSMA It was moved by Councilmember Frahm, seconded by Councilmember Adams, that Council concur in the employment of Jamie Bosma for the period of time February 28 through June 1, 1986, at a rate of $6.00 per hour. Motion, Ayes 3, Nays 0. RESIGNATION /EMPLOYMENT LIQUOR STORE* - JAMES KRUEGER /DON ROLF It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the Council concur in the employment of Jim Krueger as of March 12, 1986 at a rate of $4.50 per hour, and to accept the resignation of Don Rolf effective March 1, 1986. Motion, Ayes 3, Nays 0. CITY ADMINISTRATOR'S REPORT* It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the City Council accept City Administrator Bernhardson's information report regarding: Long Lake Library, Crystal Bay Appraisal Progress, Administrator's Goal Setting, Ulrich /Bohn's Point Road, Gregory /Tanager Lake, and Deering Island. Motion, Ayes 3, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Barrett had nothing to report at this time. LICENSES* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the following licenses: Special Event - Easy Race VI, sponsored by Wayzata Bank & Trust and Minnetonka State Bank on April 27, 1986. Commercial Kennel License - D. Brian & Cathy L. Fulmer, The Dog House Boarding Kennel, Inc., 3505 Wayzata Blvd. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 10, 1986 LICENSES* continued Residential Kennel License - Duane W. Anderson, 4220 Chippewa Lane S eptic System Installers License - Sullivan's -- — ---- - - - - -- - - -- Services, Inc. Cigarette License - Patric G. Walker, Minnetonka Fishing Center, 3554 Shoreline Dr. Motion, Ayes 3, Nays 0. BILLS* It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the City Council approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 3, Nays 0. ADJOURNMENT 10:2.2 PM It was moved by Councilmember Frahm, seconded by Mayor Butler, to adjourn the regular Council meeting at 10:22 PM. Motion, Ayes 3, Nays 0. ATT T: / D rothy . Hallin, City 0 lerk Mary C. B er, Mayor 14