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HomeMy WebLinkAbout09-22-1986 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 ATTENDANCE 7:05 P.M. The Orono Council met on the above date with the following members present: Acting Mayor Adams, Councilmember Frahm and Callahan. Mayor Butler was absent. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, and City Recorder Peterson. City A Attorney Barrett was also present. Councilmember Grabek arrived at 7:15 following approval of the Federal Revenue Sharing Funds, Consent Agenda,. and Park Commission request. FEDERAL REVENUE SHARING FUNDS PUBLIC HEARING 7:05 -7:06 P.M. The affidavit of Publication was noted. City Administrator Bernhardson explained the purpose of the public hearing was to consider the proposed uses of approximately $30,000 of possible Federal Revenue Sharing monies for Police Department Personal Services support within the General Fund estimated budget of $2,328,890. There were no comments from the public regarding this matter. It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to close the public hearing. Motion, Ayes 3, Nays 0. It was moved by Councilmember Callahan, seconded by Councilmember Frahm, to approve use of any Revenue Sharing Monies received in 1987 for police personal services support. Motion, Ayes 3, Nays 0. CONSENT AGENDA* It was Council subject #5 #6 Motion, moved by Acting Mayor Adams, seconded by .member Frahm, to approve the Consent Agenda* to removal of: - #1004 William J. Ulrich - #1022 Charles Schall Ayes 3, Nays 0. APPROVAL OF MINUTES* It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to approve the Minutes of the September 8, 1986 Regular Council meeting as submitted. Motion, Ayes 3, Nays 0. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 PARR COMMISSION COMMENTS SKATING RINK REQUEST City Administrator Bernhardson noted that Park Commission Chairman Terry Morse was unable to attend and Public Works Coordinator Gerhardson was absent due to illness. City Administrator Bernhardson explained that the City received a petition requesting a recreational ice skating rink at Hackberry Park. Park Commission reviewed the requests and recommends that Council direct staff and the engineer to develop costs for construction of a skating rink and the. installation of a well at Hackberry Park, costs of which should not exceed $1,600 paid from the Park Dedication Fund. He noted that once the costs have been presented, reviewed and determined to be feasible, the Park Commission would conduct a public hearing on this matter. Council stated that they were in favor of a skating rink at Hackberry Park, but felt a formal study costing $1,600 was not entirely necessary. It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to authorize the expenditure of up to $200 for estimate costs of a skating rink at Hackberry Park. Motion, Ayes 3,.Nays 0. LAKE MINNETONKA CONSERVATION DISTRICT REPORT LMCD Representative JoEllen Hurr was present. She reviewed the agenda topics to be discussed at the next LMCD meeting some of which are: -slip size amendment vs. watercraft availability units. 1 unit = slip up to 161, 1 -1/2 units = 16'- 24', 2 units = 24' -32', and up to 4 units if slip is over 48' in length. -no new de -icing permits issued and no new permits issued for permanent docks because they usually require de -icing systems - regulation of sea planes and ultra lights due to noise complaints - charter boat registration Hurr noted that the LMCD went on a boat tour with the Hennepin Park District looking for potential locations for a park on Lake Minnetonka and found there may be some possibilities in Zone 5. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 METROPOLITAN WASTE CONTROL COMMISSION REPORT As the MWCC representative also, JoEllen Hurr informed the Council that a meeting will be held regarding SAC .charges which will be increasing to $525. She stated that they will be considering charging the fee to only those who can immediately connect to sewer and also a - - method of refunding to those who were unfairly charged. She noted that the refunding issue would be determined through each cities own discretion. PUBLIC COMMENTS Acting Mayor Adams stated that discontinuation of charging a SAC unit to people who would not be able to hook up to sewer in a year would be a great benefit to many in Orono. There were no comments from the public. ZONING ADMINISTRATOR'S REPORT: #1022 CHARLES SCHALL _. 605 PARR LANE VARIANCE RESOLUTION #2047 Charles and Marilyn Schall were present for this matter. ,City Administrator Bernhardson stated the the final resolution is presented for review and approval incorporating the additional findings of fact per Council's 4 -1 vote to approve the variance request with appropriate limitations for construction of a garage and bedroom (above the garage) addition with various height limitations. Acting Mayor Adams stated that he did not agree with Finding 3(D) "The Orono Zoning Code grants no specific view or sunlight rights to the neighboring property owners as regards the street yard of their property ", he did not feel that statement was totally accurate and should be eliminated from the resolution. In reference to this same issue, he recommended amending Finding 10 to reflect same. It was moved by Acting Mayor Adams, seconded by Councilmember Grabek, to adopt Resolution #2047 as amended granting the variance. Motion, Ayes 3, Nays 1. Councilmember Frahm voted nay. 3 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 #1004 WILLIAM J. ULRICH 1535 & 1595 BOHNS POINT ROAD FINAL SUBDIVISION RESOLUTION #2046 This matter was taken off the consent agenda so that both the Ulrich applications could be reviewed together. Present for this matter were: Gregory T. Halbert, John Noble, Clifford Reep, and Neil K. Johnson. It was moved by Councilmember Frahm, seconded by Acting Mayor Adams, to adopt Resolution #2046 approving the Plat of Beth and Bridget. Motion, Ayes 4, Nays 0. #1039 WILLIAM J. ULRICH 1595 BOHNS POINT ROAD CONDITIONAL USE PERMIT/VARIANCE Present for this matter were: Gregory T. Halbert, John Noble, Clifford Reep, and Neil K. Johnson. City Administrator Bernhardson explained the request for a conditional use permit and variance was to install an underground pipe within the lakeshore protected area for the purpose of transporting waters used in a geothermal heating /cooling system to the lake. He noted the letter, included in the Council's packet, containing comments from Dr. Hanson of the Freshwater Biological Foundation in addition to names'of other hydrologists and geologists contacted by staff for this review. City Administrator Bernhardson noted a pertinent issue is that the DNR governs the issuance of permits relating to this application. DNR should send the City a copy of the permit giving the City 30 days from the date of receipt to appeal, permit has not been received by City staff. Staff recommends that the City request the DNR to repeat the permit process with appropriate notification if this is a concern of the Council. Attorney Halbert stated that the letter from Attorney Humphrey summarizes that the criteria within the zoning code has been met and hardship has been demonstrated in order to grant the variance, noting no adverse effects have been shown. Councilmember Callahan requested that Mr. Halbert note the proven hardships. Mr. Halbert stated that discharge into the lake via the lagoon will have the least environmental impact as opposed to discharge into the wetland area. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 #1039 ULRICH CONTINUED City Administrator Bernhardson clarified that the issue before the Council is the installation of the pipe within the lakeshore property, not the discharge of the water. Councilmember Grabek asked if any other sources of heating /cooling systems were considered for this house. John Noble stated that they plan a back -up of natural gas included in the geothermal system. Councilmember Grabek stated that he feels the City has been put in a bad position. He stated that he believed the City informed this applicant from the very beginning that they had great concerns regarding the discharge of water into the lake. He noted that a controversy has developed with the negative concerns contained in Dr. Hanson's letter. He recommends halting this project at this time and take extra steps to eliminate the concerns with the discharge. Councilmember Callahan noted that a complete plan has never been submitted by applicant as requested many times by the Planning Commission. Councilmember Grabek asked Acting Mayor•Adams to find out the options available to legally put a hold on the project, obtain additional information regarding the detriment to the lake, and further recommends that this matter be handled through the City's and applicant's attorneys. Attorney Barrett stated that statute provides two things regarding the notice 1) when application is made, the landowner is to provide proof of notice to the Mayor of the City; 2) if application is granted, notice should be served upon the Mayor of the City wherefore the City has 30 days to respond. Therefore, an option available to the City would be to insist that the DNR follow the legal process by providing the City with copies of the permit and excercise the 30 day allowance to determine whether or not the permit has been properly issued. He stated that the questions considered in the proper issuance of such permits (which are noted in the statute) are: 1) Look at changes in water and related land resources anticipated. 2) Look at unavoidable but anticipated detrimental effects. 3) Look at alternatives to the action proposed on the permit. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 #1039 ULRICH CONTINUED It was moved by Councilmember Grabek, seconded by Councilmember Callahan, to take the course of action outlined above by Attorney Barrett. Motion, Ayes 4, Nays 0. Attorney Halbert noted that the instructions within the DNR permit application state that the DNR will notify the Mayor of the application, clarifying the fact that the applicant was not the party that failed to follow correct procedure. It was moved by Councilmember Callahan, seconded by Acting Mayor Adams, to table this matter pending the outcome of the DNR permit. Motion, Ayes 4, Nays 0. #1046 DOUGLAS J. ZUMBUSCH* 1535 LONG LAKE BOULEVARD CONDITIONAL USE PERMIT/VARIANCE AMENDED RESOLUTION #2036 It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to approve the revised Conditional Use Permit /Variance Resolution #2036 to include additional findings and conditions for denial of the patio as drafted. Motion, Ayes 3, Nays 0. #1059 MARGARET BJORK 2259 SHADYWOOD ROAD CONDITIONAL USE PERMIT RESOLUTION Per applicant's request, it was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to table this application until the October 13, 1986 Council meeting. Motion, Ayes 4, Nays 0. 1064 CITY OF ORONO* SPATES AVENUE LIFT STATION CONDITIONAL USE PERMIT RESOLUTION It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to table this matter per staff recommendation until the October 13, 1986 Council meeting. Motion, Ayes 3, Nays 0. #1071 COLIN KELLY & 95 SOUTH BROWN ROAD VARIANCE RESOLUTION #2048 LONA SHAUGHNESSY Colin Kelly Shaughnessy was present for this matter. City Administrator Bernhardson explained the request for front and rear setback variances in order to construct a house in a manner that would fit the topography better. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 #1071 SHAUGHNESSY CONTINUED It was moved by Councilmember Grabek, seconded by Acting Mayor Adams, to adopt Resolution #2048 approving the variances contingent upon obtaining a written statement of concurrence from Otto Heinz, the adjacent property owner to the north. Motion, Ayes 4, Nays 0. MAYOR'S s REPORT: PARR COMMISSION It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to appoint Terry Morse as Park Commission chairperson for the balance of 1986 and the year 1987. Motion, Ayes 4, Nays 0. There was no Cable TV Report. CITY ADMINISTRATOR'S REPORT: HOWARD HULL - REQUEST FOR MUNICIPAL SEWER SERVICE City Administrator Bernhardson explained the request from Howard Hull for sewer hook -up to municipal service. He noted the letter of request from Mr. Hull along with Assistant Zoning Administrator Gaffron's analysis of the problem which was included in Council's packet for review. Staff recommends denial of this request because of the availability of a mound system on this property and Council review of past requests, the comprehensive plan criteria, and other action taken by Council. Bill and Marion Hull, 2445 Woodhaven Drive, were present for this matter. Mr. Hull noted a number of unusual circumstances which he felt the Council should consider. He feels that the City should bear some responsibility due to the irregularities and violations that occurred. He explained that he presently has a home that cannot'be refinanced, sold, or left unattended, and he can not afford the extensive repair work required for a workable septic system. City Administrator Bernhardson noted that the connection charge of approximately $9,000, if he were allowed to hook -up, is much higher than the repair of the septic system and also that a hook -up charge is not normally a spread assessment. Mr. Hull stated that during early discussions with staff that hook -up charge was estimated approximately $1,000 and he felt that the connection charge could be negotiated. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 HULL REQUEST CONTINUED Acting Mayor Adams stated that there are numerous problems in setting a precedent by allowing him to hook- up noting that even if the City is willing to overcome these problems and approve the connection, the connection charge would be more than-the cost of repair. It was moved by Councilmember Grabek, seconded by Councilmember Callahan, to deny the request for sewer service to the property at 2445 Woodhaven Drive. Further the Council directs staff to prepare a resolution of denial for the property to be considered at its October 13, 1986 Council meeting. Motion, Ayes 4, Nays 0. Council directed staff to research alternative means to assist applicant with the problem. BIG ISLAND BOARD OF GOVERNORS City Administrator Bernhardson explained that at the August 22, 1986 meeting the Big Island Board of Governors presented a number of issues and concerns. Staff has prepared a memo regarding these issues included in Council's packet. Joe Backes, an appointee from the American Legion to Board of Governors, was present, however, no other representatives from the Board of Governors were present. It was moved by Councilmember Grabek, seconded by Acting Mayor Adams, to table this matter in order for the Board of Governors to review the staff memo and be present to respond. Motion, Ayes 4, Nays 0. CRYSTAL BAY ASSESSMENTS Gary Printup and LaDean McWilliams were present for this matter. City Administrator Bernhardson explained the revised Crystal Bay assessment spread. It was moved by Councilmember Grabek, seconded by Acting Mayor Adams, to accept staff's recommendation for respread per the City Court order once that is finalized as outlined in memo dated September 15, 1986. Motion, Ayes 4, Nays 0. STRATEGIC PLANNING MEETING OCTOBER 6, 1986 - 7:00 P.M. City Administrator Bernhardson reminded the Council of the Strategic Planning Meeting scheduled on October 6, 1986 at 7:00 P.M. L MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 1987 BUDGET APPROVAL AND LEVY CERTIFICATION RESOLUTIONS #2049 & #2050 It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to establish the 1987 budget and tax levy of $1,206,520 for the general fund and $40,000 for the 1985 sewer bond fund as outlined in: - Resolution #2049 Providing for the Levy of Taxes due to Special Assessments appealed and reduced through Court appointed arbitration. - Resolution #2050 Approving the 1986 Tax Levy collectible in Budget Year 1987. Motion, Ayes 4, Nays 0. REQUEST FOR CONSULTANT ANALYSIS - FACILITIES STUDY As discussed at the September 17th budget meeting, City Administrator Bernhardson stated that the request was made to engage the consulting engineer to spend up to $8,000 in analyzing current buildings regarding structural ability, rehabilitation and code compliance together with a program analysis process of space needs based on existing needs and projected future needs. Staff recommends that the spacing needs be reviewed first which would require approximately $3,500 of the $8,000 amount. Acting Mayor Adams made the following points: 1) the word "assessment" not be used when referencing the facilities study. 2) would like a specific proposal of the work to be done by the consultant before approval of the requested amount. Council concurred with Acting Mayor Adams' comments and authorized staff to proceed in that direction. Jerry Wheeler asked for clarification on the direction given to staff by Council, which Acting Mayor Adams did. BOW AND ARROW /GAME HUNTING ORDINANCE City Administrator Bernhardson reported that the City has received a request to allow hunting of deer on private property to remove an "apparent nuisance ". Orono's ordinance specifically prohibits game hunting and bow and arrow use entirely except for instructional programs. E MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 BOW AND ARROW /GAME HUNTING ORDINANCE CONTINUED Stan Lemmerman was present for this matter and stated that he was the applicant in this matter. He stated that bow & arrow hunting is safer than gun because of the limited distance involved. He noted metro hunt concerns with deer control. He stated that he does not plan a business practice of hunting on private property, but he does it for sport and enjoyment. BALDUR PARK ROAD Council concurred with the need to control the deer problem, however felt more review was needed and should contact other agencies such as the DNR. It was moved by Councilmember Grabek, seconded by Acting Mayor Adams, to table this matter for further review. Motion, Ayes 4, Nays 0. City Administrator Bernhardson explained that this request was considered and denied by Council at their August 11, 1986 meeting, however, the applicant, Ginny Keesling, was unable to be present at that meeting. Applicant has requested to address the Council on this matter for reconsideration. City Administrator Bernhardson submitted a drawing indicating the shoreline and its relation to Baldur Park Road and the City sewer line for Council to review. Ginny Keesling, 1384 Baldur Park Road, was present for this matter. She stated that Orono owns the shoreline right -of -way which is eroding to the point of which she feels it will not last through the winter. She noted that during a recent power outage, NSP was very wary of bringing their trucks down this road. She stated that when this was first brought to the Council, she had a $4,000 bid which probably will expire soon. She stated that they are losing the road, part of which the City owns, therefore, the City should repair and assess the property owners. City Administrator Bernhardson stated that per the drawing, the closest point of sewer line to shoreline is 131, which staff finds is not an appreciable concern. He noted that the private road has been moved as the shoreline moves. He stated an alternative would be to hold a public hearing and declare it a public project to protect the shoreline and assess the property owners. Acting Mayor Adams stated the process usually taken within a subdivision with a private road is the property owners get together to have the work done eliminating the need to involve the city. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 BALDUR PARK ROAD CONTINUED Ms. Keesling stated that the City should be involved because the City owns the right -of -way. Councilmember Grabek stated that the City should not get involved with a private road situation. noting that-the City's concerns are with the protection of the sewer line only. Ms. Keesling noted that the City uses the private road for a turnaround and feels that the City should give her the deed to the portion they own if they do not want to help maintain it. City Administrator Bernhardson stated that he will instruct the city road crew to not utilize the road and also explore deeding the property to Ms. Keesling with the appropriate easement rights. It was moved by Councilmember Grabek, seconded by Acting Mayor Adams, to accept staff recommendation not to participate in the funding of the rip- rapping of this property. Motion, Ayes 4, Nays 0. POLLING PLACE DESIGNATION* RESOLUTION #2051 It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to redesignate the Precinct #4 Polling Place per Resolution #2051 as necessitated by the needs of the school district. Motion, Ayes 3, Nays 0. POLICE OFFICER HIRING* It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to give the Administrator authority to hire Trudy Kunkel, provided she passes at a satisfactory level the appropriate physiological, medical, and stress tests for hiring effective October 15, 1986. Motion, Ayes 3, Nays 0. DELINQUENT FALSE ALARM FEES* RESOLUTION #2052 It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to adopt Resolution #2052 providing for collection of 1986 Delinquent alarm user fees. Motion, Ayes 3, Nays 0. DELINQUENT SEWER/WATER ACCOUNTS* RESOLUTION #2053 It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to adopt Resolution #2053 providing for the collection of delinquent 1986 sewer and water utility service charges. Motion, Ayes 3, Nays 0. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 DELINQUENT SEPTIC INSPECTION ACCOUNTS* RESOLUTION #2054 It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to adopt Resolution #2054 providing for the collection of delinquent 1986 annual service charges for the on -site sewage treatment inspection program. Motion, Ayes 3, Nays 0. APPOINTMENT OF ELECTION JUDGES FOR GENERAL ELECTION* RESOLUTION #2055 It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to adopt Resolution #2055. appointing election judges for the General election to be held on November 4, 1986. Motion, Ayes 3, Nays 0. POLICE SUPERVISORY APPOINTMENT* It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, that the Orono Council approves the City Administrator's recommendation appointing Gary Cheswick and Kurt Erickson to the newly established position of Lieutenant, deleting the positions of Sergeant and Assistant Chief. The promotions are effective October 1, 1986 at a salary level of $2896.00 per month. Motion, Ayes 3, Nays 0. PRIMARY ELECTION RESULTS* It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to acknowledge the information and results of the September 9, 1986 primary election as presented by staff. Motion, Ayes 3, Nays 0. FALL CLEANUP - OCTOBER 128, 1986* It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to accept October 18, 1986 as the fall clean -up day for the City of Orono and direct appropriate notice be given to residents. Motion, Ayes 3, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to accept City Administrator Bernhardson's Information report regarding: Hennepin County Recycling Ordinance, 3536 Lyric Avenue, and Medina Police Services. Motion, Ayes 3, Nays 0. FWBI ASSESSMENT* RESOLUTION #2056 It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to adopt Resolution #2056 amending sanitary sewer special assessments on Freshwater Biological Institute Foundation for principal amounts previously paid. Motion, Ayes 3, Nays 0. 12 v MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 22, 1986 CITY ATTORNEY'S REPORT: City Attorney Barrett requested the Council enter into Executive session at this time. LICENSES* BILLS* It was moved by Councilmember Grabek, seconded by Acting Mayor Adams, to enter into Executive session at 8:37 .P.M. Motion, Ayes 4, Nays 0. It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to approve the following license: Trapping Permit - Douglas M. Head 2090 Shoreline Drive Motion, Ayes 3, Nays 0. It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to approve payment of the All Funds Accounts. Motion, Ayes 3, Nays 0. ADJOURNMENT 8:45 P.M. It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to adjourn the regular Council meeting at 8:45 P.M. Motion, Ayes 4, Nays 0. ATTE T o by M. H in, City Clerk Tim Adams, Acting Mayor 13