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HomeMy WebLinkAbout04-13-1987 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1987 ,aTTENDANCE 7:05 P.M. The Orono Council met on the above date with the following members present: Acting Mayor Callahan, Councilmembers Goetten, Peterson, and Sime. Mayor Grabek was absent. The following represented the City staff: City. Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Blatz was also present. CONSENT AGENDA* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Consent Agenda* subject to removal of the following items: #4 - #1007 Trapp - requested by applicant #15- Animal Control Officer Employment - requested by Peterson #22- Administrator's Information - requested by Peterson #23- Licenses - requested by Peterson Motion, Ayes 4, Nays 0. RECOGNITION - 'ORIA MCDONALD AND GEORGE ROVEGNO Acting Mayor Callahan read and presented Gloria McDonald a resolution in recognition of her volunteer service on the City of Orono's Planning Commission from January 1975 to December 1986. Acting Mayor Callahan read and presented George Rovegno a resolution in recognition of his volunteer service on the City of Orono's Planning Commission from July 1980 to December 1986. APPROVAL OF MINUTES* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Minutes of the March 30, 1987 Council meeting as submitted. Motion, Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS Planning Commission member Cohen had no comments at this time. PUBLIC COMMENTS , There were no comments from the public. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1987 ZONING ADMINISTRATOR'S REPORT: #1007 ROBERT AND CAROL TRAPP 4701 WEST BRANCH ROAD FINAL SUBDIVISION RESOLUTION #2159 Assistant Zoning Administrator Gaff ron explained that the applicant has requested that condition #2 in the resolution as follows be reviewed: 2. At such time that Highview Lane becomes a developed City road, Lot 2 will be required to gain access from Highview Lane. Currently Lot 2 shall share a single driveway access to County Road 151 located over the existing driveway. Highview Lane is currently undeveloped and applicant requests that this be the option of the future homeowner rather than a required condition. Carol Trapp was present. She stated that her reason for this request is because of the high cost that would be involved to the homeowner to vacate their existing driveway and construct a new driveway access to Highview Lane. Assistant Zoning Administrator Gaffron explained staff's concerns involving future property development. At this point however, it is unknown when /or even if Highview Lane would be upgraded. City Administrator Bernhardson explained that should Highview Lane ever be developed as a public road, and if Lot 2 did not have required access on Highview Lane, that property would contest any assessment for the upgrading of Highview Lane. Council felt that staff's concerns were valid, and should this condition become a problem for the property owner of the new lot in the future, I it could be addressed at that time. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2159 approving the Plat of West Branch Acres as drafted. Motion, Ayes 4, Nays 0. #1093 P & A INVESTMENT* 1380 SIXTH AVENUE NORTH FINAL SUBDIVISION RESOLUTION #2160 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2160 approving the Plat of Knoll Manor as drafted. Motion, Ayes 4, Nays 0. K MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1987 *x106 R.F. POTAS 2190 SHADYWOOD ROAD VARIANCES RESOLUTION #2161 Ronald Potas was present for this matter. City Administrator Bernhardson explained that the applicant originally requested hardcover and average setback variances to construct a room addition and deck. Planning Commission recommended to deny the addition, the main reasons being the encroachment on the neighbor's views of the lake, and to a lesser extent the additional hardcover in the 75 -250' zone. Due to Planning Commission's recommendation, applicant revised his proposal to exclude the room addition and proposes now to construct only a deck of 763 s.f. (smaller than the original proposal), behind the average lakeshore setback line so there is no need for an average setback variance. Further, the applicant is still proposing to remove 1,460 s.f. of hardcover by removing plastic from beneath his extensive rock beds, resulting in a 75 -250' net reduction from 46.7% to 43.7%, and from 42.0% down to 36.1% in the 250 -500' zone. Council's options are to approve or deny the revised proposal; or send the revised proposal back to the Planning Commission for recommendation. Councilmember Goetten stated that she talked to Planning Commission Chairman Kelley about the revised proposal, and it was his opinion that he would be in favor of the proposal as revised and not necessary to be reveiwed by the Planning Commission. Planning Commission member Cohen concurred with Chairman Kelley's opinion, and felt the Planning Commission would approve the revised proposal. Councilmember Sime stated the applicant has demonstrated a willingness to conform with the standards which has resulted in a net reduction of hardcover, therefore, felt Council should approve at this time. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2161 approving the revised plan as submitted. Motion, Ayes 4, Nays 0. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1987 *1110 ROBERT MARTINSON 1840 SHORELINE DRIVE VARIANCES RESOLUTION Due to a prior appointment, Applicant asked that this matter be delayed until 8:30 P.M., in order to give him the opportunity to be present for review. Council delayed the application until the end of the Council meeting (8:40 P.M.) and applicant was not yet present. Therefore, it was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, to table this application until applicant can be present. Motion, Ayes 4, Nays 0. #1117 WILLARD C. SHULL 1125 SPRING HILL ROAD VARIANCES RESOLUTION Mr. Shull was present for this matter. City Administrator Bernhardson explained the request for a variance to construct boat ramp tracks, six feet wide and fifty f eet long (approximately 20 feet of the track will be on the land portion of the lakeshore). A variance is required for hardcover and structure within the 0 -75' zone. It was noted that the track is a temporary structure and will remain only during the summer months and the boat will not be stored in the lakeshore yard during the winter. Planning Commission recommended approval in addition to approving additional footage of track in the lake if necessary. Councilmember Goetten expressed concern regarding setting precedents, allowing more than one track ramp for more boats based on lakeshore footage (similar to LMCD regulations), and voiced concern with alternative of dredging and filling with rock. Councilmember Sime was concerned about the neighbors' feelings regarding this structure. Zoning Administrator Mabusth stated that the construction of the track ramp is an alternative to dredging. She noted that at this particular site, the neighbors will not be able to see the ramp. She suggested that staff could obtain acknowledgments from the adjacent neighbors. In regard to the concern of precedent setting, she advised that unique hardships must be found with each variance application and sought further comment from the City Attorney. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1987 *1117 SHULL CONTINUED City Attorney Blatz stated that as with any variance granted, conditions are set forth with particular circumstances to justify the variance, which if the circumstances between applications can be differentiated, the City is not forced to approve another application based on the approval of a previous similar application, but in identical situations might be difficult. Councilmember Peterson was concerned with the unlimited length of track. Acting Mayor Callahan felt that a thorough review of all such existing structures should be done before consideration and /or approval of this first application. Councilmembers Goetten and Sime concurred with Acting Mayor Callahan. Mr. Shull stated that he did not understand how his proposed track related to the other existing "superstructures ". Acting Mayor Callahan stated that his application may in fact not be similar to the existing structures, however he felt standards should be established before starting to approve any of these structures. It was moved by Acting Mayor Callahan, seconded by Councilmember Sime, to table this application until the May 11th Council meeting, directing staff to provide Council with more information and recommended conditions regarding these structures. Motion, Ayes 4, Nays 0. 11122 BIG ISLAND VETERANS CAMP - BOARD OF GOVERNORS BIG ISLAND RECORD LOT 7 CONDITIONAL USE PERMIT RESOLUTION #2162 The following Board of Governors members were present for this matter: Alan Wisdorf, Larry Sharpe, and Joe Backes. City Administrator Bernhardson explained the request for granting a temporary conditional use permit for overnight camping in order to do further clean -up and repair work (this permit is similar to the conditional use permit approved last year). A master plan has been submitted and is currently scheduled for Planning Commission review. R MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1987 1122 BIG ISLAND VETERANS CAMP CONTINUED Acting Mayor Callahan reviewed with Mr. Wisdorf the 16 conditions listed on the drafted temporary conditional use permit resolution. The following conditions were discussed and amended: Condition #1 - amended to read "non- family members and friends cannot be on camp site for the duration of the temporary permit ". Condition #6 - amended to indicate the type and quantity of fire extinguishers required. Condition #7 - amended to read "Septic facilities and water supply may be portable, until such time that on -site septic and water facilities can be furnished, subject to the review and approval of the Orono staff." Condition #8 - amended to read "Applicant to maintain current insurance coverage." Condition #12 - amended to read "Applicant to obtain appropriate LMCD license for the 1987 season for the use of existing docks by members of the work crew." Condition #13 - amended to include: c) work covered under existing permits for lavatories and Ballantine cabin. d) upgrading of existing septic facilities authorized by permit to be issued by Orono staff. Councilmember Goetten noted that she persoiially supported the camp and would like to see the vets continue to use the camp. Mr. Wisdorf pointed out the many problems that the present Board inherited when the State turned the camp over to them and their continued efforts to remedy these problems which is a long process. Council indicated their appreciation of the Board of Governors work and dedication to their camp. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2162 approving the Temporary Conditional Use Permit as amended. Motion, Ayes 3, Nays 1. Action Mayor Callahan voted nay because he felt the resolution should be re- drafted with the amendment and brought back to Council. for final approval. The other councilmembers felt that bringing the resolution back for final approval would only create further delay for the work crews. C MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1987 ENGINEER'S REPORT: CRYSTAL BAY SEWER PROJECT - FINAL* TABLED TO APRIL 27, 1987 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to table the Crystal Bay Sewer Project - Final until the April 27, 1987 Council meeting. Motion, Ayes 4, Nays 0. MAYOR'S REPORT: There was no Mayor's report. CITY ADMINISTRATOR'S REPORT: WEST HENNEPIN PIONEER MUSEUM - REPRESENTATIVES Representing the West Hennepin Pioneer Museum were Jim Dillman, Cherry Stubbs, and Don Mendelsohn. Mr. Dillman submitted to the Council information and brochures regarding the museum. He stated that they appreciate Orono's yearly donation and would like to assist Orono in any way possible. Councilmember Peterson noted that her family has visited and enjoyed the museum several times. It was moved by Councilmember Peterson, seconded by Acting Mayor Callahan, to accept the information from West Hennepin Pioneer Association and that their annual request be included in the budgeting process for 1988. Motion, Ayes 4, Nays 0. LIQUOR STORE BID AWARD City Administrator Bernhardson presented an outline for the three bids received on March 25, 1987. Steve Corl was the high bidder and is currently undergoing the licensing investigation process of which results will be presented to the Council at the April 27, 1987 Public Hearing. Staff recommends awarding the bid to the liquor store to Mr. Steven Corl. Mr. Steven Corl was present for this matter and stated, as indicated in staff's memo, that over the last several years he has been a manager and owner in the retaurant business. It was moved by Acting Mayor Callahan, seconded by Councilmember Goetten, to award the bid for the liquor store to Mr. Steven Corl as the apparent high bidder at $137,500.00 contingent upon the license and successful completion of the sales process. Motion, Ayes 4, Nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1987 REQUEST FOR ROAD NAME CHANGE City Administrator Bernhardson explained the request by NED, Inc. to rename the cul -de -sac road now known as L'Etoile du Nord to French Creek Circle. Staff feels that French Creek Circle will be identified with the French Creek development and find no problems or threats endangering the public safety, therefore, recommends approval of the change. Mr. Ned Dayton was present for this matter. It was moved by Councilmember Goetten, seconded by Councilmember Sime, to approve the renaming of L'Etoile du Nord to "French Creek Circle ". Motion, Ayes 4, Nays 0. ACCESS TO 4545 WAYZATA BOULEVARD* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept staff's information regarding this issue and the item be tabled until April 27, 1987 to review further progress on the matter. Motion, Ayes 4, Nays 0. EMPLOYMENT AUTHORITY - ,.COMMUNITY SERVICE /ANIMAL CONTROL OFFICER Councilmember Peterson questioned the different time period and number of patrol hours that were previously discussed with Council. City Administrator Bernhardson stated that Chief Kilbo felt April 15, 1987 to September 15, 1987 was the most appropriate time period needed for animal control. In addition, the difference from 10 to 15 hours was between the cost of the contract service and this in- house service. Councilmember Peterson also questioned the City's liability if the Animal Control Officer was attacked /bitten by an animal because he technically is not an expert at handling animals. City Administrator Bernhardson stated the liability would be the same as if an Orono Police Officer were attacked /bitten, it would be handled through the City's workers compensation. LaDean McWilliams, Willow Drive, stated that she felt the City should publicize the fact that Orono will be regularly patrolled, so that dog owners are aware of this and keep their dogs leashed. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1987 ANIMAL CONTROL OFFICER CONTINUED It was moved by Councilmember Sime, seconded by Councilmember Peterson, to authorize the hiring of Mr. Rick Denneson as a part -time Community Service Officer for principal animal control purposes, at $5.10 /hour commencing April 15, 1987. Council further authorizes the hiring of Mr. John Elder as a Community Service Officer at $5.10 hourly commencing April 15, 1987 to serve as a back -up to Mr. Denneson for call -outs and patrol when Mr. Denneson is not available. All expenditures are to be within the $8,025.00 amount budgeted for animal control for 1987. Motion, Ayes 4, Nays 0. SALARY INCREASE -* OFFICER LARRY TOMCHECR AND OFFICER J. MARC FRITZLER It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the step increase for Officer Larry Tomcheck from $10.229 per hour to $11.691 effective April 7, 1987, the first year rate in accordance with the expired 1986 Labor Agreement. Motion, Ayes 4, Nays 0. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the increase of Officer J. Marc Fritzler's longevity pay from 3 to 5% effective April 2, 1987 per the expired Orono /LELS contract. Motion, Ayes 4, Nays 0. CERTIFICATES OF APPRECIATION -* GLORIA MCDONALD - RESOLUTION #2157 GEORGE ROVEGNO - RESOLUTION #2158 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolutions #2157 and #2158 commending Gloria McDonald and George Rovegno for their years of volunteer service to the community on the Orono Planning Commission. Motion, Ayes 4, Nays 0. REMOVAL OF ROAD WEIGHT RESTRICTIONS* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the removal of weight restrictions on City streets effective April 14, 1987. Motion, Ayes 4, Nays 0. 1987 MATERIALS AND EQUIPMENT BID AWARDS* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the 1987 Materials and Equipment Bid Awards as submitted. Motion, Ayes 4, Nays 0. 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1987 TEMPORARY EMPLOYMENT - ORONO GOLF COURSE* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the temporary employment of the following. persons at the Orono Golf Course effective April 4, 1987 at the listed hourly rates: Doug Erickson, Counter Helper @ $5.10 per hour Betty Stevens, Counter Helper @ $4.75 per hour Roy Peterson, Counter Helper @ $4.50 per hour Elizabeth Hill, Counter Helper @ $4.50 per hour Norbert Quinn, Counter Helper @ $4.25 per hour Dan Oas, Greenskeeper Helper @ $4.50 per hour Richard Nelson, Starter @ $4.50 per hour Motion, Ayes 4, Nays 0. CITY AUCTION -* UNCLAIMED /CONFISCATED /SURPLUS PROPERTY - NAY 16, 1987 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the disposal of unclaimed, confiscated, and obsolete property at an auction to be held on Saturday, May 16, 1987 at 9:00 A.M. at 1285 South Brown Road. Motion, Ayes 4, Nays 0. ?ADMINISTRATOR'S INFORMATION Regarding the Metro Waste Interceptor item, Councilmember Peterson requested clarification on which lines would be turned back to the City. Public Works Coordinator Gernhardson pointed out on the chart which lines would be turned back to the City of Orono for maintenance. Council accepted Administrator Bernhardson's Information report regarding: Metro Waste Interceptor, Police Contract Status, 200 Hollander Road, 3960 Sixth Avenue North, 3536 Lyric Avenue, 2160 Wayzata Blvd. -Fuel Leakage, Administrator's Goal Setting Status, and Insurance Information. CITY ATTORNEY'S REPORT: City Attorney Blatz briefly discussed the status of the Henke matter which is scheduled for further discussion at the May 11, 1987 Council meeting. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 13, 1987 LICENSES BILLS* Regarding the Special Event marathon race license application, Councilmember Peterson questioned the fact that the General Liability insurance coverage is "pending" according to the application. City Administrator Bernhardson stated that the actual license will not be effective until the Certificate of Insurance is received. It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, to approve the following licenses: Special Event - One -half marathon foot race - Wayzata to Excelsior Easy Race VII - By the Bank Wayzata & The Bank Excelsior - May 3, 1987 - Approximate time 9:00 -10:00 A.M. Septic System Installer - McCarty Water & Waste Motion, Ayes 4, Nays 0. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve payment of the All FnndA Annnunts. Motion, Ayes 4, Nays 0. ' 11 Edward J. Ca an, rr ., Act' g Mayor 9