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HomeMy WebLinkAbout08-10-1987 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 10, 1987 `1!ENDANCE 7:01 P.M. The Orono Council met on the above date with the following members present: Mayor Grabek, Councilmembers Peterson, Sime, Goetten, and Callahan. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Police Chief Kilbo, Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, Zoning & Septic Aide Knott, 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* as submitted. Motion, Ayes 5, Nays 0. OATH OF OFFICE - WILLIAM BREIMHORST POLICE OFFICER - City Administrator Bernhardson introduced newly hired temporary part -time Police Officer William Breimhorst. Mr. Breimhorst is also a part -time Police Officer for the City of Minnetrista, and recently resigned his position as Pastor of Fairview Covenant Church to pursue a career in law enforcement. City Administrator Bernhardson administered the Oath of Office to William Breimhorst. PRESENTATION - POLICE OFFICER MARK MORAN RESOLUTION OF APPRECIATION Mayor Grabek read and presented a Resolution of Special Commendation to Mark Moran for his outstandinding work as an Orono Police Officer since his employment in August 1986; and particularly the recent arrest of an individual who was in possession of "dealer" quantities of cocaine after having stopped the individual on' an equipment violation. APPROVAL OF MINUTES* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Minutes of the July 27, 1987 Council Meeting as submitted. Motion, Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS Planning Commission Chairman Kelley commented on the effectiveness of the City's Comprehensive watershed plan where the City tries to adhere to lakeshore setback and hardcover standards. This plan was proven effective in preserving the lake and lakeshore during the recent heavy rainstorm. This incident has re- confirmed his belief in the City's Comprehensive Plan. PUBLIC COMMENTS I There were no comments from the public. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 10, 1987 "ONING ADMINISTRATOR'S REPORT: #1128 RAINEY ANDERSON* 780 OLD CRYSTAL BAY ROAD SOUTH PRELIMINARY SUBDIVISION RESOLUTION #2239 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2239 approving Preliminary Plat for Rainey Anderson at 780 South Old Crystal Bay Road. Motion, Ayes 5, Nays 0. #1153 RICHARD ERICRSON /JULIE CORTY 1295 SIXTH AVENUE NORTH RESOLUTION #2215 INFORMATION ONLY City Administrator Bernhardson reviewed the plans submitted by applicant's architect, Herb Baldwin. These plans show the heights of various portions of wall and stairway and a slightly modified natural screening plan. Staff recommends acceptance, finding that the proposed plans meet the Council's intent of minimizing the visual impact of the stairway from across the lake. The Council had previously approved the needed resolution subject to staff's agreement with the developer on the landscaping plans. Council had no problem with the plans submitted. #1155/ #1156 LLOYD DRAPER* 3955 WEBB STREET /1929 FAGERNESS POINT ROAD VARIANCES TABLED TO 8/24/87 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to table these applications until the August 24, 1987 Council meeting per applicant's request. Motion, Ayes 5, Nays 0. #1165 STEVEN FAY 3045 CASCO POINT ROAD VARIANCE RESOLUTION #2240 Steve Fay was present for this matter. City Administrator Bernhardson explained the request for a front yard setback variance to construct a 24'x 22' detached garage. The proposed garage would be placed 10' west of the existing house and project 11' in front of the front line of the house. The proposed garage will serve mainly for storage of a boat and other equipment now stored in the open yard. Staff has offered two alternative locations for an "attached" garage which would not require setback variances, however would disrupt the landscaping; and one alternative would block existing windows on west side of house. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 10, 1987 #1165 FAY CONTINUED Councilmember Goetten asked applicant to state his reasons for the proposed placement of detached garage. Steve Fay listed the following reasons for the proposed placement of detached garage: 1. He does not want to eliminate the existing long sidewalk around the house. 2. The primary reason for placement is in order to utilize the existing driveway. 3. He also would like to utilize the unused side property. He noted that there have been no objections from the neighbors. Mayor Grabek questioned the hardship involved. Councilmember Goetten felt it important to have inside storage and noted that applicant currently has only a single car garage. Councilmember Callahan noted that in the past there has been a tendency for owners to ultimately want to attach their detached garages. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2240 approving the variance for a detached garage subject to no future attachment of garage to residence. Motion, Ayes 5, Nays 0. 11166 HARTMUT GINNOW- MERKRRT 1840 LAKEVIEW TERRACE VARIANCE RESOLUTION #2241 City Administrator Bernhardson explained the request for a front yard setback variance to construct a second story deck on the southwest side of the residence. The reasons for the proposed placement is due to the well location on the west, septic pipes located on east, and noise from County Road 6 on north. An alternative to reduce deck structure in front yard would be to possibly wrap deck around the side. Zoning Administrator Mabusth stated that the proposed deck is only 10' x 20' and that the existing landscaping may not allow a wrap - around deck. Hartmut Ginnow - Merkert was present for this matter and stated he found no advantage to a wrap - around deck. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to adopt Resolution #2241 approving the front yard setback variance for a second story deck subject to any enclosure of the deck requiring additional variance review. Motion, Ayes 5, Nays 0. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 10, 1987 41173 DAVID AND TRESA GARDELLA 230 ORONO OARS DRIVE VARIANCE RESOLUTION #2242 David and Tresa Gardella were present for this matter. City Administrator Bernhardson explained the request for a front yard setback variance to construct a detached 24' x 36' 3 -stall garage. He noted that a side setback variance would be needed if garage were attached to existing house. In addition, major land alteration would be required if garage were placed on north and east side, the well is located on the east side of house, and septic system located in backyard. The garage would not be visible from the neighboring property if constructed in the proposed location. Zoning Administrator Mabusth noted that there is an existing 3 stall attached garage. The purpose for the additional 3 stall garage is for storage of collector automobiles. It was moved by Councilmember Goetten, seconded by Councilmember Sime, to adopt Resolution #2242 approving the front yard setback variance to construct a detached garage as presented. Motion, Ayes 5, Nays 0. A176 RICHARD PUTNAM 2765 CASCO POINT ROAD VARIANCES City Administrator Bernhardson explained the request for hardcover, side setback, and average setback variances to construct additions to the existing house. Planning Commission reviewed this request and came to the following conclusions: 1. Majority (4 -1) approved the hardcover variances. 2. Majority ( 4 -1) denied the side setback variance for garage feeling that if garage foundation must be replaced, garage should be moved to conform with setback. 3. Regarding average lakeshore setback - consensus was that 2nd house north (2745) should be shown on survey since it ultimately determines how far forward the immediately adjacent house (2755) will be rebuilt toward the lake when existing seasonal (no plumbing) structure is torn down. Upon applicant's request to avoid time - consuming tabling, Planning Commission voted 4 -1 to deny the variances, noting that additional facts would be needed to fairly consider the average setback issue. 4 1INUTES OF THE REGULAR•ORONO COUNCIL MEETING HELD AUGUST 10, 1987 41176 PUTNAM CONTINUED Richard Putnam was present for this matter. He reviewed drawings of his proposal to construct an addition to connect the existing house to the enlarged garage, and a porch addition. He explained the reasons for placement of garage and porch due to the effort to save mature tree(s). He noted the letter presented to Council this evening from neighbor Kenneth Erickson stating no objection to the plan. Planning Commission Chairman Kelley noted that Planning Commission discussed the lack of hardship involved and also the fact that the house may be for sale. Mr. Putnam stated that the house is not currently for sale, but if his request is not approved he would sell the house because the existing house currently does not meet his needs. _ Planning Commission Chairman Kelley noted that Planning Commission felt the project as a whole was ambitious. Councilmember Sime felt that the proposed screen porch would obstruct the sightline even given the most generous average lakeshore setback line, and also felt the proposal was too ambitious. Councilmember Goetten felt the plan should be scaled down in order for her to approve. She felt a 3 car garage was not appropriate for this area. Councilmember Callahan felt that the attaching addition seemed appropriate in conjuction with necessary repair of the existing garage. He did not feel the porch would affect views and would enhance the lakefront. Councilmember Goetten reiterated her feeling that a 3 car garage was not appropriate for this area. She felt an average lakeshore variance for an open deck area would be appropriate but not for the proposed enclosed screen porch. Councilmember Sime concurred with Councilmember Goetten. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the variances and proposal as submitted. Motion, Ayes 4, Nays 1. Councilmember Goetten voted nay. G-' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 10, 1987 ZONING ORDINANCE AMENDMENT'S EMERGENCY RESTORATION: 3RDINANCE NO. 39, SECOND:SERIES. It was m.oved by Councilmember Sime, seconded by Councilmember Peterson, that Council acknowledge receipt of the language regarding the interim land use ordinance as adopted at the July 27, 1987 Council meeting for emergency repairs and directing that a public hearing be established for a regular ordinance amendment at the September 8, 1987 Planning Commission meeting. Motion, Ayes 5, Nays 0. ENGINEER'S REPORT: SEALCOATING BID AWARD Public Works Coordinator Gerhardson reviewed the two bids received on July 31, 1987 for sealcoating streets in 1987. The costs for sealcoating City streets will be paid for from the 1987 street maintenance budget; and the costs for MSA streets (Old Crystal Bay Road) will be paid from the MSA account. Staff recommends awarding Allied Blacktop the 1987 sealcoat bid for an amount not to exceed their bid of $89.692.95. He noted that the City has contracted with Allied Blacktop previously and has had no problems. It was moved by Mayor Grabek, seconded by Councilmember Sime, to award the 1987 sealcoat bid to Allied Blacktop for an amount not to exceed $89,692.95. Motion, Ayes 5, Nays 0. MAYOR'S REPORT: Mayor Grabek commented on the excellent Corn Days parade held this past weekend in Long Lake. Mayor Grabek stated he has received numerous complaints regarding the Keaveny garage in Navarre and the fence on Fagerness Point Road. He would like these problems resolved by fall noting that legal action may be required. CITY ADMINISTRATOR "S REPORT: CITY FACILITIES STUDY City Administrator Bernhardson outlined the following issues: 1. Council's determination as to whether they want to proceed with the space study at this time. 2. If this space study is to be undertaken, selection of a consultant to undertake the study. 3. The amount of work authorized. For numerous reasons, staff recommends that it is appropriate to undertake the space study at this time. He noted the impending issues regarding the current facilities being 1)Current Public Works building is in a state of disrepair, 2) Council Chambers in need of roof repair,. and 3) City facilities being hooked up to municipal sewer. 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 10, 1987 CITY FACILITIES STUDY CONTINUED City Administrator Bernhardson reviewed facts regarding comparable Cities staff size and square footage per person. It was moved by Mayor Grabek, seconded by Councilmember Goetten, that Council agree to do the space study and table for two weeks consideration of the staff's recommendation on the consultant and extent of work to the August 24, 1987 meeting. Motion, Ayes 5, Nays 0. JEFF ESSEN 2648 CASCO POINT ROAD BERM IN RIGHT -OF -WAY Because Mr. Essen was on vacation and has not had an opportunity to review staff recommendation, Public Works Coordinator recommended tabling this matter until the August 24, 1987 meeting for Mr. Essen to attend. Councilmember Goetten asked why this matter was not referred to the Planning Commission. Staff advised that the berm involved under 100 cubic yards of fill and does not require Planning Commission review. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to table this matter until the August 24, 1987 Council meeting. RECYCLING COMMISSION COSTS 1988 City Administrator Bernhardson explained that in 1987, the City of Orono entered into a Joint Powers Agreement with several communities for recycling as mandated by Hennepin County. For 1987, the funding of the program was received through the Metropolitan Council and Hennepin County. All costs of the program were paid for from the grants received from the Metropolitan Council, Hennepin County, and community contributions. However, for 1988 the Cities will receive only 50% of the total project cost. Therefore, the Joint Power Commission has drafted a proposed budget for the costs of operating the recycling program for 1988. For the eight communities involved, the total budget is estimated at $39,968.00. Orono's share amounts to $6,917.00, noting that Orono is the largest of the eight communities. Alternatives would be to withdraw from the Commission and develop and operate our own program; or withdraw from the Commission and do not develop and operate our own program, in which case, Hennepin County has the authority to develop a program and assess the costs to Orono. Staff feels the most economical alternative for taxpayers at this point is to budget for ourselves the $6,917.00 which amount to approximately $1.00 /head. 7 A iN MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 10, 1987' RECYCLING COMMISSION COSTS 1988 CONTINUED Councilmember Sime asked if the recycling program was effective. He felt residents should be made more aware of the program. Public Works Coordinator Gerhardson stated that the program has not quite reached the projected goals, but anticipate the goals will eventually be met. He noted that the goal is collecting 16% recyclables of the total refuse tonage by 1990 in order to get a rebate from Hennepin County. If this goal is not met, Hennepin County will impose regulations on the communities. He also noted that at some point, garbage haulers will not be allowed to collect recyclables, thereby forcing residents to participate in the program. It was moved by Mayor Grabek, seconded by Councilmember Sime, that the Orono City Council desires to stay with the Joint Powers Agreement that involves eight communities, and directs staff to budget an amount of $6,917.00 in the 1988 budget for Orono's costs of the Joint Powers Recycling Agreement. Motion, Ayes 5, Nays 0. NO TRUCKS ORDINANCE AMENDMENT ORDINANCE NO. 40, SECOND SERIES City Administrator Bernhardson explained that because the streets to be designated are streets that are shared in ownership and maintenance with Orono it is necessary to amend the ordinance adopted at the last meeting to read "City maintenance vehicles ". It was moved by Mayor Grabek, seconded by Councilmember Sime, to Ordinance No. 40, Second Series amending Ordinance No. 7.10 restricting truck traffic on certain City streets as authorized by the Orono City Council. Motion, Ayes 5, Nays 0. NO TRUCK RESTRICTION GUIDELINES - OLD BEACH ROAD - RESOLUTION #2243 TOWNLINE'ROAD - RESOLUTION #2244 It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2243 and #2244 restricting "truck traffic" on Old Beach Road and Townline Road, and direct the Public Works Dept. to post Old Beach Road and Townline Road "NO TRUCKS ", subject to cooperative posting with the communities who also share these roads. Motion, Ayes 5, Nays 0. WOODHILL:AVENUE`- FEASIBILITY STUDY It was moved by Mayor Grabek, seconded by Councilmember Sime, the Orono City Council authorizes the Engineer to conduct a feasibility study for the upgrade of Woodhill Avenue for an amount not to exceed $2,000.00, a cost which will be included in total project costs if the project is ordered to be constructed. Motion, Ayes 5, Nays 0. 8 •M MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 10, 1987 METROPOLITAN WASTE CONTROL - NAVARRE INTERCEPTOR City Administrator Bernhardson explained the issue of determining whether the City of Orono would accept the conditions proposed by Metro Waste to the project to construct the alternative originally recommended and approved by the City of Orono. It was moved by Mayor Grabek, seconded by Councilmember Peterson, that the City Council of the City of Orono agree to accept the terms of the agreement that the City in exchange for the construction of alternative "3B" (previously referred to as 113A "), will take over the gravity lines and grinder stations specified, obtain property from the County Department of Transportation and direct staff to assist Metro Waste Control Commission in seeking the appropriate conditional use permits in order to construct the interceptor. This is contingent on Hennepin County transferring the appropriate property to Metro Waste on terms deemed acceptable to the City. Motion, Ayes 5, Nays 0. BUDGET MEETING SESSION - SEPTEMBER 17, 1987 It was moved by Councilmember Goetten, seconded by Councilmember Peterson, that the Council establish September 17, 1987 at 7:00 P.M. in the Orono City Council Chambers for its budget review meeting. Motion, Ayes 5, Nays 0. ENFORCEMENT AUTHORITY - NON - POLICE EMPLOYEES ORDINANCE NO. 41, SECOND SERIES RESOLUTION 12245 City Administrator Bernhardson explained that as a result of a law change that was directed at limiting the ability to issue citations of personnel other than police officers, the Legislature adopted a statute which became effective 1 August 1987 whereby persons other than sworn police officers would not be able to issue citations unless they are specifically granted that authority in municipal statute. Therefore, staff recommends adopting an ordinance amendment to give Building Inspectors and other City officials specific enforcement authority. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to adopt Ordinance No. 41, Second Series and Resolution #2245 to allow for specific enforcement authority of persons other than police officers. Motion, Ayes 5, Nays 0. D MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 10, 1987 1987 -88 ASSESSING AGREEMENT* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Orono City Council authorize contracting its assessing services with Mr. Rolf Erickson, Mr. David Wilde, and Ms. Rita Guderian for the period of 1 September 1987 - 31 August 1988 for an annual fee of $47,016 to be paid in 12 equal monthly installments of $3,918.00 with no other changes in the contract. Motion, Ayes 5, Nays 0. RESOLUTION OF CONGRATULATIONS* MRS. PILLSBURY - 100TH BIRTHDAY RESOLUTION #2246 It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Orono Council adopt Resolution #2246, a resolution of congratulations honoring Eleanor Lawler Pillsbury on her 100th birthday. Motion, Ayes 5, Nays 0. BLOCK GRANT RENEWAL AGREEME NT* RESOLUTION-#2247 It was moved by Councilmember Sime, seconded by Councilmember Peterson, the Orono City Council approves entering into the agreement #70486 with Hennepin County in order to obtain Community Development Block Grant monies through the County program for the period October 1, 1987 to September 30, 1990. Motion, Ayes 5, Nays 0. WILLOW -DRIVE AND HIGHWAY 12 SIGNAL* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept staff's information regarding Willow Drive and Highway 12, and direct staff to continue efforts to assist in the intersection meeting warrants. Motion, Ayes 5, Nays 0. RESOLUTION OF APPRECIATION - MARK MORAN* RESOLUTION #2248 It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Orono City Council recognize the excellent work of Officer Mark Moran by adoption and presentation of Resolution #2248. Motion, Ayes 5, Nays 0. DITTRICH AGREEMENT* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the stipulation agreement for the purchase of land from Marcel Dittrich, 2377 Shadywood Road. Motion, Ayes 5, Nays 0. MARKETING CITY OBJECTIVES - REDRAFT* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Council accept the redraft of the Council's program for marketing its objectives of other organizations. Motion, Ayes 5, Nays 0. 10 V MINUTES OF THE REGULAR ORONO COUNCIL MEETI+IG HELD AUGUST 10, 1987 ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept.City Administrator R Bernhardson's Information regarding:, 2695 Casco Point Road, 200 Hollander Road, 2160 Wayzata *Boulevard, 3946 Sixth Avenue North, and Purple Loosestrife Eradication. Motion, Ayes 5, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Blatz requested an Executive Session at this time. LICENSES* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the following licenses: Solicitor's License - Paradise'Seafood Motion, Ayes 5, Nays 0. BILLS* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. ADJOURNMENT 9:20 P.M. It was moved Goetten, to Motion, Aves by Mayor Grabek, seconded by Councilmember adjourn the Council meeting at 9:20 P.M. 5, Nays 0. .a.L 0 11