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HomeMy WebLinkAbout06-22-1987 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 TTENDANCE 7:00 P.M. The Orono Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Peterson, Callahan, and Sime. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Blatz was also present. CONSENT AGENDA* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Consent Agenda* subject to removal of the following items: #26- Budget Education Meeting - requested by Mayor Grabek #27- Municipal State Aid Construction Interest - requested by Councilmember Peterson Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the June 8, 1987 Council Meeting. Motion, Ayes 5, Nays 0. -AKE MINNETONKA CONSERVATION DISTRICT REPORT LMCD Representative JoEllen Hurr was present and reported on the following issues: -The proposal to reduce the night time speed limit on Lake Minnetonka did not pass. She was in favor of the proposal. -LMCD Budget will be reviewed at their executive meeting. She voted against the budget stating it was "too much ". -A Management Executive Session meeting has been scheduled for July 11th. Gayle's Marina was not in compliance with either the de -icing permit or fencing the docks ends as required, they are working on a settlement of these issues. -They are currently working on a "dry stack" storage .ordinance. - Public Officials boat tour is scheduled for August lst. Serving also as the Metro Waste Control Commission representative, JoEllen Hurr reported there is a budget meeting scheduled noting she is not entirely in favor of the proposed budget. There will be a local budget hearing for this area on July 9th at 7:30 A.M. at the Layfayette Club for breakfast. 1 i l MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 SCD REPORT CONTINUED Mayor Grabek asked about the status of the Minnehaha Creek Water Shed District regarding a LMCD seat; and also the current lake level. PUBLIC COMMENTS Ms. Hurr stated there has been no response regarding the LMCD seat; regarding the lake level the lake would have to rise approximately 1' before any water would flow over the dam; Minnehaha Creek is presently dry. City Administrator Bernhardson asked about the status of the airport issue. Ms. Hurr stated that the Metro Council Systems feels an airport should be located in this area using the rationale that 45 minutes to the existing closest airport is too far. The systems committee does not agree with this rationale feeling that existing airports could be enlarged. -Curt Quady, 1223 Brown Road South, stated that his lawn still does not have a good growth; and has not yet received the report on the Crystal Bay sewer project costs. City Administrator Bernhardson stated that they are still working on the report. Regarding the grass, Public Works Coordinator Gerhardson stated that they have been watering but with the dry conditions cannot keep up with it, and are still working on it. ' -Maria Robbins, 900 N. Brown Road, asked to be updated on the status of installing a stoplight at the intersection of Willow Drive and Hwy. 12 in light of last year's fatal accident and noting last weekend's accident involving three Orono High School students. City Administrator Bernhardson stated that prior to the fatal accident last winter, the Long Lake Chamber of Commerce Task Force sent a letter to MnDOT requesting a stop light at that intersection. MnDOT denied the request because they felt the intersection did not meet the necessary warrants for a stop light at that location. Because of the most recent accident, Orono along with Long Lake will again be requesting MnDOT to review this intersection for a stoplight. He noted that a petition would be helpful. E r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 1BLIC COMMENTS CONTINUED City Administrator Bernhardson reported to the Council the accident that occurred on Friday where a northbound car on Willow Drive had stopped at stop sign and pulled out after eastbound traffic cleared and was hit by a westbound truck. All three juvenile occupants of the car were, as of yesterday, in intensive care but may have been upgraded to stable condition. One victim was operated on to repair internal damage,.the other two sustained head injuries. Fortunately, all three were wearing their seat belts. ZONING ADMINISTRATOR'S REPORT: #1020 SUBURBAN HENNEPIN PARRS* 2865 NORTH SHORE DRIVE CONDITIONAL USE PERMIT RESOLUTION #2203 It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2203 granting conditional approval of the Noerenberg Park Master Plan as revised and granting a hardcover variance in the 0 -75' lakeshore setback zone. Motion, Ayes 5, Nays 0. 41119 W. DUNCAN MacMILLAN l00 FOX STREET CONDITIONAL USE PERMIT RESOLUTION #2204 Present for this matter were: Duncan MacMillan, Attorney Todd Andrews, and Contractor Jim McNulty. City Administrator Bernhardson reviewed'the application for a conditional use permit to construct recreational facility and caretaker residence. Substantial agreement on most of the request has been considered, staff is recommending the insertion of the 13.5 acre area minimum in the resolution. Additionally, since the last review, Mr. McNulty advises that due to mechanical design revisions in the final building plans additional square footage is requested. Also, applicant has submitted proposed language regarding the covenants as it relates to future subdivision to be inserted in the resolution., however, applicant is willing to withdraw the language from consideration but would like to make a statement in relationship to future subdividability of the property. Jim McNulty stated that the plan requires an additional 500 s.f. to provide a room for an 11,000 lb. pressure tank for the required sprinkler system, noting that there is no other adequate space within the existing plan to place the large tank. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 11119 MacMILLAN CONTINUED Councilmember Goetten found it difficult to add more square footage noting that an architect could re -draft the plan to provide the room for a tank within the original proposed square footage. Councilmember Peterson concurred with Councilmember Goetten. Attorney Todd Andrews stated that they were originally concerned about the potential subdividability of the property even though that is currently not their intent which was the reason for submitting some additional language to be inserted in the resolution. However, after speaking with the City Attorney Blatz, they are willing to withdraw their request for insertion of the proposed language. City Attorney Blatz commented on her discussion with Mr. Andrews, pointing out that regardless of how the language was drafted it really is essentially meaningless because you cannot bind future Council's action. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2204 of approval amending it to include the additional increase of 3% (500 s.f.) square footage. Noting the inclusion of the 13.5 minimum acre statement. Motion, Ayes 3, Nays 2. Councilmembers Callahan and Peterson voted nay. Councilmember Peterson was against the additional 500 square footage. Councilmember Callahan voiced his feelings at the last review. ' #1122 BIG ISLAND VETERANS CAMP* BOARD OF GOVERNORS - LOT 1 CONDITIONAL USE PERMIT RESOLUTION - TABLE UNTIL JULY 13, It was moved Councilmember July 13, 1987. #1128 RAINEY ANDERSON* 7.80 OLD CRYSTAL BAY ROAD PRELIMINARY SUBDIVISION TABLE UNTIL JULY 13, 1987 It was moved Councilmember July 13, 1987. 4 1987 by Councilmember Goetten, seconded by Peterson, to table Application #1122 until Motion, Ayes 5, Nays 0. by Councilmember Goetten, seconded by Peterson, to table Application #1128 until Motion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 "1152 FRANK JANECKY X45 NORTH SHORE DRIVE VARIANCE RESOLUTION #2205 Frank Janecky and contractor, Fred Royle, were present for this matter. City Administrator Bernhardson explained the request for an average lakeshore setback variance to construct a second story deck noting that the remodeling of the house results in a decrease in 75 -250' hardcover from 33.9% to under 25 %. He noted that it was his understanding of Council policy on hardcover that if the amount of hardcover is reduced below the allowed levels, no hardcover review is needed. The Council concurred in this interpretation of Council intent. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2205 approving the variance per staff recommendation. Motion, Ayes 5, Nays 0. Councilmember Goetten noted her appreciation of the reduction of hardcover and the improvement on the property. #1158 ROBERT P. SCH14ITT 1475 SHORELINE DRIVE )NDITIONAL USE PERMIT/VARIANCE ..ASOLUTION #2206 Robert Schmitt was present for this matter. City Administrator Bernhardson explained the request for a conditional use permit and variance to allow the following work in the lakeshore yard: 1) replace existing concrete pads, 2) remove a non - conforming structure in the lakeshore yard, and 3) re -grade in the area of the shoreline to remove the berm created by ice heave over the last 20 years. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2206 approving the conditional use permit and variance as proposed. Motion, Ayes 5, Nays 0. #1108 JAMES McGOWAN* 3175 JAMESTOWN ROAD FINAL SUBDIVISION RESOLUTION #2207 It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2207 approving the plat of Liberty Acres Second Addition for James and Mary Ann McGowan at 3175 Jamestown Road. Motion, Ayes 5, Nays 0. 5 MINUTES OF THE REGULAR ORONO COUNCIL.MEETING HELD JUNE 22, 1987 'AYOR'S REPORT: Mayor Grabek had no report. ADMINISTRATOR'S REPORT: COMPREHENSIVE PLAN AMENDMENT #2 City Administrator Bernhardson noted. that the Comprehensive Plan Amendment #2 (Highway 12 Corridor study) was tabled from April. Staff recommends approval of the Comprehensive Plan Amendment as recommended by the Planning Commission subject to the following changes by staff: 1. MUSA line include all of Area 3. 2. A statement that indicates the land use issue at the time of rezoning will be reviewed for compatibility to other development in the Orono /Long Lake Highway 12 corridor. Mayor Owen Smeby and Attorney Arlo VandeVegte from the City of Long Lake were present for this matter. Mayor Smeby noted their concern with the downtown development and effort to make Long Lake a better, safer, and healthier place to live. Attorney VandeVegte referred to his letter dated June 18, 1987 outlining additional reasons for annexation of the sewer plant property. He did not feel a joint Council meeting would prove productive, however suggested a joint staff and Mayor's meeting to further discuss the issues. Candace Noot, Plymouth, a prospective Orono property buyer inquired about the future of routing of Highway 12. City Administrator Bernhardson explained the future MnDOT plans for re- routing and expanding Highway 12 which are entirely speculative at this time. Rollie Lacy, 1555 Orono Oaks Drive, stated that he hoped communication between Orono and Long Lake would remain open and would like the cities and residents to reach an acceptable compromise. Joe Reis, 720 Dickey Lake Drive, stated that he hoped the criteria for commercial development would be sensitive to issues such as buffering etc. from the existing property owners, and further suggested that these issues be mentioned in the comprehensive plan amendment. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 COMPREHENSIVE PLAN AMENDMENT f2 CONTINUED City Administrator Bernhardson stated that once the plan is adopted and sent to the Metro Council, staff will then start to work on language for the zoning standards in the corridor addressing, specifically, requirements to protect the residential from commercial areas. It was moved by Mayor Grabek, seconded Councilmember Sime, that the Council adopt preliminarily the Comprehensive Plan Amendment #2 as amended, including a statement concerning impact of re- zoning on Long Lake, Orono, and residents; and that it be forwarded to the Metropolitan Council and other affected jurisdictions for their review. Motion, Ayes 5, Nays 0. LONG LAKE REQUEST FOR ANNEXATION City Administrator Bernhardson explained the issue of determining the City's position reagarding annexation proposal offered to Orono by Long Lake regarding the following properties: - Highway 12 Corridor, north side of Highway 12 between North Brown Road and Old Crystal Bay Road. -Long Lake Sewer Plant property Attorney VandeVegte expressed Long Lake's desire to get together to discuss the issues further. It was moved by Mayor Grabek, seconded by Councilmember Sime, to direct staff to communicate to the City of Long Lake it's appreciation for the offer of a friendly annexation, but it is the Council's direction at this point that annexation be rejected and that should at some future time an annexation be deemed to be in the best interest of the City of Orono, that it then be considered at that time. Motion, Ayes 5, Nays 0. CITY FACILITIES CONSULTANT SELECTION* TABLE UNTIL JULY 13, 1987 It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to table this matter until July 13, 1987. Motion, Ayes 5, Nays 0. FOREST ARMS PURCHASE Mayor Grabek removed himself from the Council during this matter because of his involvement. He turned this matter over to Acting Mayor Callahan. City Administrator Bernhardson explained the proposed modification of the Forest Arms purchase agreement to allow for reduction in quarterly payments by the pro - rata share of any pre - payments. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 SOREST ARMS PURCHASE AGREEMENT AMENDMENT CONTINUED Councilmember Peterson felt that the Forest Arms Homeowner's Association should be charged for the legal services to change the contract. Councilmember Sime disagreed with Councilmember Peterson because he felt the change was due to an oversight in the original purchase agreement. James Grabek, 960 Forest Arms Lane, explained the history of the property and events leading to the purchase agreement. Councilmember Goetten stated she could not make a decision without more background information and talk to others involved. She also noted that the Comprehensive Plan states this property is a public park, and should perhaps be amended. Acting Mayor Callahan felt that the background information would not effect this issue of method of application of payments. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to table this matter until the July 13th meeting for more information. Motion, Ayes 4, Nays 0. Mayor Grabek abstained from voting. APPROVAL OF POLICE INTERNSHIP - JOHN ELDER It was moved by Councilmember Sime, seconded by Councilmember Goetten, to engage Mr. John Elder as an intern in' the Police Department for a total of 360 hours between 1 July 1987 and 1 October 1987 to be done on a voluntary basis by Mr. Elder and not to conflict with his role as a Police Reserve or as a Community Service Officer. Moiton, Ayes 5, Nays 0. AUTHORITY TO HIRE TEMPORARY PARK MAINTENANCE PERSON It was moved by Councilmember Callahan, seconded by Councilmember Peterson, that Council acknowledge information regarding hiring of a temporary parks maintenance helper at their July 13, 1987 meeting. Motion, Ayes 5, Nays 0. AUTHORITY TO HIRE TEMPORARY SEPTIC & ZONING AIDE - MARY JO KNOTT It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve the hiring of Mary Jo Knott to serve as an aide for the Zoning and Septic Departments as a full -time temporary employee for the period beginning June 23, 1987 through October 2, 1987 at an hourly wage of $7.00 /hour. Motion, Ayes 5, Nays 0. 8 MINUTES OF THE REGULAR.ORONO COUNCIL MEETING HELD JUNE 22, 1987 ^ONFIRMATION OF EMPLOYMENT -* 1N FISCHENICH - POLICE OFFICER It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to confirm the hiring of Mr. Dan Fischenich at a rate of $2,365 per month effective July 1, 1987. Motion, Ayes 5, Nays 0. ADDITIONAL 1987 DEPOSITORY -* RESOLUTION #2208 It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2208 making additional depository appointment for 1987. Motion, Ayes 5, Nays 0. WILLIAM CARLSON RESIGNATION -* RESOLUTION #2209 It was moved by Councilmember Goetten, seconded by Councilmember Peterson, that the Council accept the resignation of William Carlson effective June 30, 1987; and extend its gratitude by adoption of Resolution #2209. Motion, Ayes 5, Nays 0. 1986 FINANCIAL AND AUDIT REPORT* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, for Council to accept 1986 Financial Report and approve the summary for publication outlined in Attachment B. Motion, Ayes 5, Nays 0. 4545 WAYZATA BOULEVARD* TABLE UNTIL JULY 13, 1987 It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to table this matter until July 13, 1987. Motion, Ayes 5, Nays 0. 1985 UNIFORM BUILDING CODE ADOPTION -* ORDINANCE AMENDMENT - ORDINANCE NO. 37 SECOND SERIES It was moved by Councilmember Goetten, seconded by Councilmember Peterson, the Orono City Council adopts Ordinance No. 37 Second Series to adopt the updated version of the Minnesota State Building Code. Motion, Ayes 5, Nays 0. LIQUOR OPERATIONS -* PERFORMANCE INCENTIVE OPERATION STATEMENT - JANUARY - MAY 1987 It was moved by Councilmember Goetten, seconded by Councilmember Peterson, that the Council accept the preliminary liquor store operations report for the period January through May 1987. Motion, Ayes 5, Nays 0. 9 14INUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 'rVCENTIVE PAYMENTS - LIQUOR EMPLOYEES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, the Council of the City of Orono authorize the following bonus payments in accordance with the incentive program established in Resolution #2149: Lorraine McGowan $117 + $500 = $617 Pat Higus $ 47 Dian Ehrenberg $ 47 Blake Theis $ 23 Cris Fink $ 23 Rosemary Burmaster $ 23 Motion, Ayes 5, Nays 0. CONFIRMATION OF LIQUOR STORE TERMINATION* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to confirm the termination notices for the liquor store employees including Lorraine McGowan, Pat Higus, Dian Ehrenberg, Blake Theis, Cris Fink, and Rosemary Burmaster. Motion, Ayes 5, Nays 0. BUDGET EDUCATION TING - JULY 9, 1987 - 7:00 P.M. It was moved by Mayor Grabek, seconded by Councilmember Sime, that the Council set Thursday, July 9, 1987 at 7:00 P.M. as the date and time for the Budget Education meeting. Motion, Ayes 5, Nays 0. MUNICIPAL STATE AID CONSTRUCTION INTEREST - RESOLUTION f2210 Councilmember Peterson questioned the status of previous years without this fund. City Administrator Bernhardson stated that the account had been building interest off of the Municipal State Aid monies for a number of years, however, staff was unaware that they could detach that interest from the base part of the money and use it for other than Municipal State Aid purposes, if the City so chooses. It was moved by Councilmember Sim6, seconded by Councilmember Peterson, to adopt Resolution #2210 establishing a Road/Bridge Account within the PIR Fund. Motion, Ayes 5, Nays 0. BID AWARD - PARKS UTILITY TRACTOR* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to award the bid for one utility tractor only Model 755 John Deere to Kortuem Sales & Service, Maple Plain, MN for an amount not to exceed $8,590.10. Motion, Ayes 5,.Nays-0. 10 : MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 22, 1987 ADMINISTRATOR'S INFORMATION:* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept Administrator's information regarding: Drug Enforcement Follow Up, South Brown Road, Private Road - North Ferndale, 200 Hollander Road, and 3965 Sixth Avenue North. Motion, Ayes 5, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Blatz briefly reported on a recent decision handed down by the Supreme Court regarding an interim moratorium ordinance case in Los Angeles County, California. LICENSES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the following licenses: Cigarette License - Lakeview Golf Course On -Sale Non - Intoxicating Malt Liquor - Mexican Eatery, 2160 W. Wayzata Blvd. Lakeview Golf, 409 North Arm Drive Club Liquor License - Wayzata Country Club, 200 Wayzata Blvd. On and Off Sale Non - Intoxicating Malt Liquor and Set -Up Permit - Navarre Lanes, 3435 Shoreline Drive On -Sale Liquor License - Jimmies Lounge, 3380 Shoreline Drive Set -Up Permit - Spring Hill Center, 725 Sixth Avenue North Motion, Ayes 5, Nays 0. ` BILLS* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. ADJOURNMENT 8:35 P.M. It was moved by Councilmember Sime, seconded by Mayor Grabek, to adjourn the regular meeting at 8:35 P.M. Motion, Ayes 5, Nays 0. ATT T: DOrothy M. T llin, City Clerk Jame R. Grabek, Mayor 11