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HomeMy WebLinkAbout04-28-1986 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 28, 1986 ATTENDANCE 7:00 PM The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Grabek, Frahm,, Adams and Hammerel. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Ge.rhardson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron and City Clerk Hallin. City Attorney Blatz was also present. CONSENT AGENDA* It was moved by Councilmember Adams, seconded by Councilmember Hammerel, to approve the Consent Agenda *. Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES* It was moved *by Councilmember Adams, seconded by Councilmember Hammerel, to approve the Minutes of the April 14, 1986 Council meeting. Motion, Ayes 5, Nays 0. LAKE MINNETONKA CONSERVATION DIS'T'RICT JoEllen Hurt was present and reported to the Council on the Boating While Intoxicated (BWI) legislation that has was inacted during the 1986 legislative sesseion and also the LMCD's BWI ordinance. Hurr stated that.the LMCD is hoping that this legislation will encourage safer boating on Lake Minnetonka. She also informed the Council that the LMCD now has the authority of regulate liquor licensing on Lake Minnetonka whereas the State previously has had this authority. They now have the authority to issue up to 14 liquor licenses on Lake Minnetonka. Representative - Hurr stated that the proposed yacht club owners have not. presented any proposed plans to the LMCD for Deering Island. Councilmember Frahm asked if the LMCD was going to express their opposing views to the DNR regarding the Lake Minnetonka Task Force report. Hurr replied they were intending to oppose the DNR. i It was moved by Councilmember Adams, seconded by Councilmember Hammerel, to accept the report of the City of Orono's LMCD representative. Ayes 5, Nays 0. . 'PLANNING COMMISSION COMMENTS There were no comments from the Planning Commission. PUBLIC COMMENTS Randy Lukanen, 1085 South Brown Road, asked the Council why they had not informed the residents in the Crystal Bay sewer project that there was grant money to be had 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 28, 1986 PUBLIC COMMENTS continued for the sewer assessment that would not have to be paid back. He stated that he had not applied for the grant when it was proposed because it was just delaying the assessment, it was still going to be paid. He felt that the residents should have been notified that there was monies available to pay the assessments and there was no pay back. He felt that more people would have applied for that program. Mayor Butler stated that the money from HUD would have to be used to pay off the assessments or the money would be lost. Councilmember Frahm asked if there was any more money for the program. City Administrator Bernhardson stated there was none. He stated that the City staff was unaware that there would be residents who would qualify for the grant but had not made application because of the pay back. There might be funds available from CDBG in February 1987. Mr. Gabriel Jabbour, 780 Tonkawa Road, stated that he has read and heard some remarks regarding the Council's actions that were not favorable. At this time he wished to let the Council know that there are residents who feel the Council is doing an excellent job and wished to thank the Council for their good work and encouraged them to continue. I ZONING ADMINISTRATOR'S REPORT: #990 WARD FERRELL* 3405 WATERTOWN ROAD VARIANCE Motion by Councilmember Adams, seconded by Councilmember Hammerel to direct staff to write a resolution of denial, this resolution will be presented to the Council at their May 12, 1986 Council meeting. Ayes 5, Nays 0. #819 WILLIAM MILLS* 200 LEAF STREET FINAL SUBDIVISION RESOLUTION #1984 Motion by Councilmember Adams, seconded by Councilmember Hammerel, to adopt Resolution #1984 approving a final subvidision for William Mills. Motion, Ayes 5, Nays 0. #998 MAUREEN S. BELLOWS* 265 BROWN ROAD SOUTH FINAL SUBDIVISION RESOLUTION #1985 Motion by Councilmember Adams, seconded by Councilmember Hammerel, to adopt Resolution #1985 approving a final subdivision for Maureen S. Bellows. Motion, Ayes 5, Nays 0. E MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 28, 1986 #1010 DUANE F. HALL 1860 SHADYWOOD ROAD PRELIMINARY SUBDIVISION Duane Hall was present for this matter. He stated that the Council was familiar with this application and asked for their support in his application. Zoning Administrator Mabusth reviewed the application for the Council stating that this is a request for a subdivision with the need to grant 3 separate variances. Councilmember Frahm stated that a new subdivision must meet all the zoning requirements without any variances in order to be approved. Councilmembers Adams and Hammerel concurred. Mayor Butler read a letter to the people in attendance from Milton Siefert, 1856 Shadywood Road, an abutting property owner, who expressed his desire to have the Council deny Mr. Hall's application. Ewald and Miriam Gustafson, 1890 Shadywood Road, Glenn Tillotson, 1875 Shaydwood Road and Olga Taylor, 1880 Shadywood Road neighboring property owners, were in attendance. Mr. Gustafson addressed the Council stating that he hoped the Council would deny Mr. Hall's application. Council felt that because this was a subdivision that needed variances to the newly created lots, the subdivision should be denied. It was moved by Councilmember Frahm, seconded by Councilmember Grabek to deny the preliminary subdivision by Duane Hall and direct staff to write a resolution of denial for presentation to the Council at their May 12, 1986 Council meeting. Motion, Ayes 5, Nays 0. Olga M. Taylor, 1880 Shadywood Road, thanked the Council for their decision of denial in this matter. 41000 & 1009 WILLIAM WEAR 2160 WAYZATA BOULEVARD VARIANCE William Wear was present for this matter. City Administrator Bernhardson reviewed the application for a variance to the sign ordinance and variance to moratorium ordinance for properties located within the Highway 12 Corridor. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 28, 1986 #1000 & 1009 WEAR continued Mayor Butler stated that she reviewed this application from across the street and from that viewpoint felt that because of the amount of signs and visual clutter on that stretch of road was not an ideal area for another sign. Mayor Butler suggested that Mr. Wear wait until the Highway 12 Corridor study is completed (approximately in July) in order to establish the guidelines for future signage along the corridor. Mr. Wear stated that he has no problem waiting but his tenants are anxious to obtain signage. G.L. Roulette, a tenant of the building, felt that the delay would hurt their new business and that the temporary signs were unattractive. Councilmember Adams stated that in order to avoid future problems the moratorium is appropriate. Councilmember Grabek stated that by putting in another sign would be adding to the clutter and is in favor of the moratorium. r Councilmember Frahm stated that he has no problem with the sign but is not in favor of lifting the moratorium. Councilmember Hammerel expressed, his understanding for the need of signage for a new business and felt undecided about a variance to the moratorium. Mr. Wear requested that the Council work with him in allowing him to have a decent temporary sign for two months. He noted that because of the design of the building two signs are needed. It was moved by Councilmember Adams, seconded by Councilmember Frahm, to table this matter at this time. Motion, Ayes 5, Nays 0. ENGINEER'S REPORT :City Engineer Cook was not present and had no report. MAYOR'S REPORT: Mayor Butler reported that she will be arrested on May 14, 1986 at 9:00 a.m. in participation of the Hennepin County Cancer Society "Jail & Bail" fund raising drive. CABLE TV REPORT* LAKE MINNETONKA COMMUNITY NEWS PROGRAM It was moved by Councilmember Adams, seconded by Councilmember Hammerel, to accept the report on Lake Minnetonka Cable Commission's "Lake Minnetonka News ". Motion, Ayes 5, Nays 0. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 28, 1986 CITY ADMINISTRATOR'S REPORT: VANEECKHOUT - SEPTIC /SEWER City Administrator Bernhardson explained the request from Mr. Charles VanEeckhout. Mr. VanEeckhout owns a 3.75 acre parcel north of Long Lake on North Brown Road and had inquired about the possibility of hooking up to Long Lake sewer back in February, at which time staff told him it was the City's policy not to allow sewer hook -up if septic was available. Based on research done by Mr. VanEeckhout, he feels -that septic is not a viable possibility for that property and again requests consideration of sewer hook -up. FULMER - SEWER 3507 WAYZATA BLVD. Mr. Charles VanEeckhout was present for this matter and stated that based on Steve Schirmers' evaluation it is a very undesirable site for an on -site disposal system. The system would have to be upstream from the house creating a pumping problem, and perc tests revealed very bad soil. He stated that it was a very difficult site and would probably require some variances even with a mound system. He feels the most feasible solution is to hook -up to the sewer system. Assistant Zoning Administrator Gaffron noted that this was in fact a questionable site and recommends further testing. City Administrator Bernhardson noted the differences in this request and the Stebbins request and that if this request were approved staff would recommend the property stay at the same density. He stated that he did not feel that whether it was an Orono or Long lake unit was not a substantial issue. Councilmember Frahm voiced concerns regarding the City protecting itself from the possibilities of a future subdivision of that property. However, he was not comfortable with putting an on -site system on this lakeshore property if it is.questionable. It was moved by Councilmember Grabek, seconded by Councilmember Frahm, to instruct staff to contact Long Lake requesting one sewer unit and if they are denied that further analysis for a mound system would have to be done. Motion, Ayes 5, Nays 0. City Administrator Bernhardson explained that following approval of the conditional use permit back in July 1984 it has been determined that the site is not able to have a septic system that will accomodate the commercial use 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 28, 1986 FULMER continued and the Fulmer's are requesting approval to sewer the property through the new Maple Plain -Long Lake interceptor. He noted that this would require a variance to the Hwy. 12 Corridor Study Moratorium. Brian Fulmer was present for this matter and stated that they are at a decision point to determine what to do with his facility, if they are unable to connect to sewer they may have to relocate the business. Assistant Zoning Administrator Gaffron reviewed the topographical problems with the property. Mayor Butler stated she would like to see the Fulmer's commercial and residential use continue. `It was moved by Councilmember Hammerel, seconded by Councilmember Adams, that City Council direct staff to request Metro Waste Control Commission allow the property at 3507 Wayzata Blvd. to be hooked -up to the Maple Plain /Long Lake interceptor line. Motion, Ayes 3, Nays 2. Councilmembers Frahm and Grabek voted nay. Councilmember Frahm stated that when the City was forced to have the interdeptor put in, it was the intent not to have anyone hookup to it and feels by allowing this it would be setting a precedent. H2 stated that he would like the Hwy. 12 corridor study to be completed before considering it. In addition, he noted that when the Fulmer's made application for the conditional use permit they were advised that the property was not large enough and now feels that the business is outgrowing the property. FACILITIES ASSESSMENT City Administrator Bernhardson reviewed the facilities assessment and noted that present facilities must hookup to city sewer soon. He requested the Council to voice any issues or concerns. Mayor Butler inquired about sites to relocate the commercial use out of a residential area. City Administrator Bernhardson listed several sites for consideration. He noted that they were residential areas but less dense than the Crystal Bay location. He noted that they would like to provide a location to accomodate all the departments together. LaDean McWilliams stated her desire to get some funds for historical preservation of the present Council Chambers. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 28, 1986 FACILITIES ASSESSMENT continued It was moved by Councilmember Hammerel, seconded by Mayor Butler, to direct staff to do further research on this matter and bring it back to the Council meeting on May 27, 1986. Motion, Ayes 5, Nays 0. NAVARRE REDEVELOPMENT City Administrator Bernhardson reported on the proposed time table for the Navarre Redevelopment. It was moved by Councilmember Adams, seconded by Councilmember Hammerel, to direct staff with any thoughts Council may have regarding Navarre Redevelopment. ADMINISTRATOR'S GOAL SETTING It was moved by Mayor Butler, seconded by Councilmember Frahm, that the Council members will submit their evaluations to the Mayor for her consideration and discussions with one other Councilmember to negotiate any amendments for the City Administrator's contract for the year 1 May, 1986 to 30 April, 1987. Motion, Ayes 5, Nays 0. Councilmember Grabek volunteered to meet with the Mayor on this matter. . LIQUOR OPERATIONS REPORT - JANUARY -MARCH 1986 It was moved by Mayor Butler, seconded by Councilmember Hammerel, to accept the report and continue on course with the liquor operation plan for 1986. Motion, Ayes 5, Nays 0. ASSISTANT CHIEF /REPLACEMENT - UPGRADE City Administrator Bernhardson stated that with Assistant Chief Burmaster's retirement the City will be screening for an appointment. In addition, during budget period last fall there was discussion of uprading the Sergeant's position to Assistant Chief which staff feels should not be done automatically but should be done through a screening process by an outside agency. It was moved by Councilmember Frahm, seconded by Mayor Butler, that the City Council direct the City Administrator to select Personnel Management Incorporated to undertake the screening for position of Assistant Chief and that those monies allocated within the Police budget be used to' fund payment of this selection process. Motion, Ayes 4, Nays 1. Councilmember Grabek voted nay stating he felt is was a waste of money. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 28, 1986 LIGHT BAR It was moved by Councilmember Adams, seconded by Mayor Butler, to authorize purchase of the light bar, from Don Streicher Gun in the amount of $544.95, from 1986 capital budget funds. Motion, Ayes 5, Nays 0. Councilmember Frahm inquired about adjustable light bars. ZONING AMENDMENT It was moved by Mayor Butler, seconded by Councilmember Adams, that the Council having identified any initial concerns with the amendments table this item until the meeting on May 12, 1986. Motion, Ayes 5, Nays 0. FUI Mt BUILDING PERMIT /KANGAS It was moved by Councilmember Adams, seconded by ` Councilmember Hammerel, City Council direct the staff to issue a partial refund in the amount of $1460.50 to Kangas Builders Inc. for Building Permit #5939 dated 4/16/86, with the balance of the fees paid to be ratained to cover incurred and anticipated 3 administrative costs. Motion, Ayes 5, Nays 0. GENERAL PERMIT/WIDMER It was moved by"Councilmember Adams, seconded by Councilmember Hammerel, City Council direct staff to issue a refund in the amount of $75.00 to Widmer Bros. Inc. for General Permit #8422. Motion, Ayes 5, Nays 0. 1985 FINANCIAL REPORT* It was moved by Councilmember Adams, seconded by Councilmember Hammerel, the City Council accept the Final 1985 Summary of Receipts, Disbursements and Balances dated April 25, 1986. Motion, Ayes 5, Nays 0. HAZARDOUS BUILDING* RESOLUTION #1986 It was moved by Councilmember,Adams, seconded by Councilmember Hammerel, that Council adopt Resolution #1986 commencing hazardous building proceedings against the garage structure at 2941 Casco Point Road. Motion, Ayes 5, Nays 0. CONVEYING LAND ON PENCE LANE TO PRIVATE OWNER - PER RESOLUTION It was moved by Councilmember Adams, seconded by Councilmember Grabek, the the Orono City Council execute the appropriate quit claim deed reserving to the City the appropriate perpetual easements. Motion, Ayes 5, Nays 0. 0 t MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 28, 1986 ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Adams, seconded by Councilmember Hammerel, to accept City Administrator Bernhardson's information report regarding: Community Development Block Grant - Crystal Bay, Highway 12 Study, and Painter's Creek Watershed Project. Motion, Ayes 5, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Blatz had nothing to report at this time. LICENSES* 3 ti BILLS* It was moved by Councilmember Adams, seconded by Councilmember Hammerel, to approve the following licenses: One Day Setup Permit - Art Center of Minnesota Saturday, May 3, 1986 Cigarette License - Wayzata Country Club Solicitors License - Blue Bell Ice Cream Septic System Installers - Patnode Bros. Sewer /Water Hayes Excavating Garbage & Refuse Collector - Orlin A. Redepenning Motion, Ayes 5, Nays 0. It was moved by Councilmember Adams, seconded by Councilmember Hammerel, to approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 5, Nays 0. ADJOURNMENT 9:43 P.M. It was moved by Mayor Butler, seconded by Councilmember Hammerel, to adjourn the regular Council meeting at 9:43 P.M. Motion, Ayes 5, Nays 0. AT % ^ST: rothy Hal iin, City Clerk Mary C. Butler, Mayor v 0