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HomeMy WebLinkAbout02-08-1988 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1988 ATTENDANCE 7:00 P.M. The Orono Council met on'the above date with the following members present: Mayor Grabek, Councilmembers Peterson, Sime, Callahan, and Goetten. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator- Mabusth, Police Chief Kilbo, and City Recorder Peterson. City Attorney Barrett and City Engineer Cook (arrived late) were 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: #19 - Highway 12 Corridor Study Meeting - requested- by Councilmember Goetten #28 - Licenses (Joint Use Dock Licenses) - requested by Mayor Grabek Motion, Ayes 5, Nays 0. OATH OF OFFICE - �FFICER JAMES MORROW City Administrator Bernhardson introduced Officer James Morrow. Officer Morrow is 26 years old and.currently lives in Plymouth. He served his internship with the Orono Police Dept. in 1986, has a BA in Criminology and Sociology from the U of M, and has served as a Police Reservist since 1986. City Administrator Bernhardson administered the Oath of Office to Officer James Morrow. APPROVAL OF MINUTES* It was moved by Councilmember Sime,, seconded by Councilmember Peterson, to approve the Minutes of the January 25, 1988 Council meeting as submitted. Motion, Ayes 5, Nays 0. PUBLIC COMMENTS -Curt Quady, Crystal Bay resident, voiced his concern that the Art Center be required to pay their fair share of the sewer assessment i.e. 10 sewer units @ $5,500 each, just as the Crystal Bay residents were required. .In addition, this cost should be collected in cash, without deferments, and with no real estate transaction involved because the City is not in the real estate business. He also felt that there should be a more • fair distribution of rates based on each individual property i.e. a 2 bedroom -1 bathroom house should not have to pay the same sewer unit cost as a 7 bedroom -6 bathroom house. 1 f' • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1988 PUBLIC COMMENTS CONTINUED -Mr. & Mrs. Nehring, 1972 Shadywood Road, asked if Council had given any consideration to dropping the charges against them for feeding wildlife. City Administrator Bernhardson explained that this is a matter of litigation of a legal process of which decisions are not generally dealt with in a public forum. They felt that they should not be prohibited from feeding the wildlife that tend to stay through the winter because of the open water in the channel near their property. They also felt they were being discriminated against because they were not the only people feeding the ducks. They stated that they have put up with many other neighborhood nuisance problems over the years without complaint. Mayor Grabek stated that sometimes matters such as this require an unbiased party to settle. PARK COMMISSION COMMENTS • Robert Kost, Park Commission Chairperson, presented the 1988 Work Plan and noted that Commission intends to become even more active this year. Councilmember Goetten asked when they planned to distribute the park user survey. Mr. Kost stated they anticipate the survey being sent out in early April. Mayor Grabek commended the volunteers on the Park Commission for their work. He noted that the recent decision to install a birdbath sculpture in Livingston Tower Park added a fine touch of art to the Park without costing the taxpayers. r It was moved by Mayor Grabek, seconded by Councilmember Peterson, that the Council approve the Orono Park Commission 1988 Work Plan as submitted. Motion, Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS Planning Commissioner Bellows had no comments. • 2 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1988 ZONING ADMINISTRATOR'S REPORT: #1214 RICHARD ZIMINSRI 1095 NORTH BROWN ROAD PRELIMINARY SUBDIVISION RESOLUTION #2363 City Administrator Bernhardson explained the revised plan which defines the paved area in relation to the proposed dividing line. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2363 approving the preliminary subdivision. Motion, Ayes 5, Nays 0. #1223 JOHN WALDRON 1951 CONCORDIA STREET CONDITIONAL USE PERMIT RESOLUTION City Administrator Bernhardson explained that Council denied the proposed walkout excavation cut at their January 11, 1988 meeting. Applicant has subsequently submitted a revised plan showing a 3' deep flat-bottomed excavation on the lakeshore yard; and a balcony from the main floor of the house, with retention of the existing • deck near the lakeshore bank. Staff recommended that the revised plan be sent back to the Planning Commission for review. He noted that this plan does not indicate applicant's plan for restoration of the lakeshore bank. John Waldron was present for this matter and explained the intent to create a more level lakeshore yard area. He then explained that in trying to eliminate the need for costly retaining walls, he proposes to repair the lakeshore bank by removing 3' of the slope where the severe erosion took place and plant the remaining bank with sumac and day lilies to prevent future erosion. He noted that cribbing would involve 500 -600 cubic yards of soil disturbance, whereas his proposal would involve approximately 150 cubic yards of soil disturbance. He requested Council give some direction regarding this proposal before referring it back to the Planning Commission. Mayor Grabek stated that he needed more information from the City Engineer before he could offer any conceptual approval of the plan. Councilmember Goetten concurred with Mayor Grabek noting .that grading plans and more information on soil, • disturbance. are needed. 3 m 0 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1988 #1223 WALDRON CONTINUED Council indicated to Mr. Waldron that they needed more information to make a decision based on City policy and City Administrator Bernhardson delineated the 5 alternatives that should be analyzed for the Planning Commission and Council. It was moved by Mayor Grabek, seconded by Councilmember" Sime, to table this application pending review and recommendation from the Planning Commission. Motion, Ayes 5, Nays 0. #1232 BETZ. BUILDERS /CLEMENT C. KROLL 60 /160 STUBBS BAY ROAD PRELIMINARY SUBDIVISION RESOLUTION #2364 Thomas Betz and Clement Kroll were present for this matter. City Administrator Bernhardson explained the proposed 5- lot division of 2 parcels. All five lots will be served by a private road. • Zoning Administrator Mabusth noted that on -site testing has confirmed that four lots have adequate area for on- site sewage treatment systems (septic testing is not required forgone lot because it exceeds 5+ acres in area). Staff has recommended an outlot extension be provided to serve the property to the east when it is developed. Councilmember Goetten recommended that the fact that the tennis court is a non - conforming structure that does not meet the required setbacks be noted in the resolution. Zoning Administrator Mabusth stated it ,would be incorporated in the final subdivision resolution. Mr. Kroll noted that his name appeared incorrectly in the drafted resolution. He also questioned the status of the existing tennis court. Zoning Administrator Mabusth explained that the tennis court is a non- conforming structure which requires variance approval to allow any improvements to the structure. She noted that this would have been the case even without this subdivsion action. Councilmember Callahan asked staff about the best • alignment for the outlot extension. 4 r • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1988 #1232 BETZ BUILDERS /KROLL CONTINUED zoning Administrator Mabusth stated staff would confer with the City Engineer to determine the best alignment for the outlot extension. It was moved by Councilmember Callahan, seconded by Councilmember Sime, to adopt Resolution #1232 granting preliminary subdivision approval amending it to reflect ..the correct name of Clement C. Kroll. Motion, Ayes 5, Nays 0. #1234 JOHN & LYNN DOUGAN * - 2785 WHITE OAK CIRCLE RENEWAL CONDITIONAL USE PERMIT RESOLUTION #2365 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2365 granting approval of Conditional Use Permit Renewal. Motion, Ayes 5, Nays 0. #1238 WAYZATA COUNTRY CLUB 200 WAYZATA BOULEVARD •CONDITIONAL USE PERMIT/VARIANCE •RESOLUTION #2366 City Administrator Bernhardson explained the request from the Wayzata Country Club for a conditional use permit and variance to allow a 2,704 s.f. metal pole barn accessory structure. He also noted that a variance is required to allow an accessory structure which is divided by a right -of -way from the principal structure, which needs to be incorporated in the drafted resolution. Staff noted that the "berm" brought up at the Planning Commission meeting was merely a burn pile. It was moved by Councilmember Goetten, seconded by Councilmember Sime, to adopt Resolution #2366 approving the conditional use permit /variance amending it to include the additional variance for the accessory structure previously noted. Motion, Ayes 5, Nays 0. POLICY FOR LAND USE APPLICATION SUBMITTALS City Administrator Bernhardson explained the proposed deadline dates for submittal of land use applications in order to allow earlier staff review and prevent delays due to incomplete applications. Councilmember Goetten felt the proposal was appropriate and recommended that the change be published in the paper. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1988 POLICY FOR LAND USE APPLICATION SUBMITTALS CONTINUED Councilmember Callahan recommended that this change' become effective on April 8, 1988 because of the overlap of current applications. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the policy that would establish a deadline date for the filing of land use applications and for addendum submittals when applications are tabled during the review process as submitted effective April 8, 1988. Motion, Ayes 5, Nays 0. ROAD NAME CHANGE - LANDMARK CONSTRUCTION INC.* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the road name of "Landmark Drive" for the Bayside Landing plat road per staff recommendation. Motion, Ayes 5, Nays 0. 40 ENGINEER'S REPORT: PAY REQUEST #1 - E.H. RENNER & SONS* It was' moved by Councilmember Sime, seconded by Councilmember Peterson, to approve payment to E.H. Renner & Sons, Inc. for the Hackberry Park Well, Pump & Pressure System project in the amount of $11,305.98. Motion, Ayes 5, Nays 0. CHANGE ORDER #1 & #2 - E.H. RENNER & SONS* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve Change Order #1 & #2 to E.H. Renner & Sons, Inc. for the Hackberry Park Well, Pump & Pressure System project as submitted. Motion, Ayes 5, Nays 0. MAYOR'S REPORT: PLANNING COMMISSION APPOINTMENTS It was moved by Mayor Grabek, seconded by Councilmember Peterson, that the Orono Council re- appoint Ed Cohen and James Hanson each to three year terms as members of the Planning Commission. Each term shall expire on March 31, 1991. Motion, Ayes 5, Nays 0. C: • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1988 PARK COMMISSION APPOINTMENTS It was moved by Mayor Grabek, seconded by Councilmember Sime, to reappoint the following Park Commission members to the term indicated and to not reappoint Mariann Kienzler whose commission expired December 31, 1987 due to her impending move from the City of Orono: Robert Rost, Chairperson 1/1/88 - 12/31/88 Philip Bradley 1/1/88 - 12/31/90 Virginia Sweatt 1/1/88 - 12/31/90. Tom Casey 1/1/88 - 12/31/90 Motion, Ayes 5, Nays 0. METRO COUNCIL MEETINGS - INFORMATION ONLY Councilmember Callahan suggested a Council representative attend the monthly Metro Council meetings. City Administrator Bernhardson clarified that the information Councilmember Callahan was referring to related to the Association of Metropolitan Municipalities monthly meeting. He noted that the Metro Council met daily during day hours. He also noted that Councilmember Goetten is serving on the Metropolitan • Agencies Committee which oversees major Metro Council policies. CITY ADMINISTRATOR'S REPORT: FACILITIES STUDY - PHASE I City Administrator Bernhardson introduced the final draft of Phase I Facilities Space Study. Issues for • Council consideration: 1. Review, comment and accept the space study as it relates to existing and expansion space needs. 2. Determine if Phase II Site Analysis of the study is to be undertaken and, if so, which alternatives are to be studied. City Administrator Bernhardson noted that David Kroos of Boarman and Associates architects was present to answer questions from Council. Councilmember Callahan asked Mr. Kroos what the estimated square foot cost would be. Mr. Kroos stated that it would be based on different quality ranges for different needs such as: -City Hall -- $65 -$70 per s.f. - Police Dept. requiring security in certain areas -- • $70 -$75 per s.f. - Public Works -- $40 per s.f. - Unheated storage -- $20 -$25 per s.f. 7 ® MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1988 FACILITIES STUDY CONTINUED City Administrator Bernhardson noted that there would be some savings in combining entities on one site. It was noted that this plan includes future space needs over the next 12 years. It was moved by Mayor Grabek, seconded by Councilmember Sime, that the City Council accept the space study as presented by the consultant. Councilmember Callahan stated he felt unsure of the accomplishment of this space study which did not convince him of anything. Mayor Grabek stated that the space study procedure is a normal business practice that he has dealt with in his past business experience to identify the City's present and future, needs, which practically should be done by an outside firm. He felt the report was not unusual nor did it contain unusual findings. He noted that the current facilities do not meet code and would cost as much or more than a new building. He felt that this was a rational non - extravagant first step. He clarified, that • . his motion to accept.the space study simply implies that Council has read and understands it. Councilmember Callahan stated he found Mayor Grabek's comments valid and agreed that the present facilities probably cannot be brought up to code properly. He explained that his reaction was mostly an emotional one of concern. Mayor Grabek voiced strong feelings that something must be done with the present City facilities because they do not meet code and that the residents of Orono are going to have to accept that fact. He felt the Council has to commit themselves and accept the fact that they are behind the times and this must be fixed. He noted that this may involve working on some creative financing methods in addition to tax money. He stated that the Orono employees work in conditions that he himself would not work in and-did not believe the other Councilmembers or residents would care to work in the present facilities either. He expressed that from a i morale standpoint, they needed to provide workable conditions for their employees. He stated he is willing to standup and say that 'for a better City, this is what we need and I'll vote on it'. He stated he was aware it • was going to cost him and the Orono residents, but it is necessary for good City services. Motion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1988 • FACILITIES STUDY CONTINUED Regarding the Site .Study, Mayor Grabek asked Council how they felt about undertaking Phase II - the site study, stating he was open. Councilmembers made no comments. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to undertake studies of Alternatives 2 and 3 (not Alternative l) related to facilities and accept preliminary cost information based on present and expected expansion needs over the next 10 years. Motion, Ayes 5, Nays 0. Planning Commissioner Bellows suggested that the Planning Commission have input regarding site analysis. 'Mayor Grabek agreed that the Planning Commission's input would be invaluable in this matter. Councilmember Callahan stated that he felt that before any decision could be made, Council must first review the overall capital needs for the next five years, which he is aware that staff is working on. • BALDUR PARR ROAD City Administrator Bernhardson updated the Council . regarding the problem on Baldur Park Road as it relates to private access and public right -of -way. Council accepted this information and tabled further discussion of this issue until March 28, 1988. . PROPOSED JOINT PLANNING COMMISSION /COUNCIL MEETING City Administrator Bernhardson explained the request from the Planning Commission for a joint meeting on the subject of the accessory structure ordinance. Staff recommends that Planning Commission hold a special meeting by themselves to develop their recommendations on the proposed ordinance amendment and if appropriate work to schedule a joint meeting in the future with Council. Council accepted this information. Councilmember Goetten suggested the organization of a separate committee to work independently on zoning ordinances, because the Planning Commissions agenda's were in themselves lengthy not providing adequate time for Planning Commission to work on zoning amendments. • City Administrator Bernhardson stated this may be a way to work on the Comprehensive Plan amendment and updating the Zoning code as'a whole. 9 J • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1988 HIGHWAY 12 - CORRIDOR STUDY MEETING - FEBRUARY 29, 1988 Councilmember Goetten noted that a there were a few more cities abutting Highway 12 that possibly should be invited to participate in the Highway 12 Corridor Study meeting. City Administrator Bernhardson stated staff specifically chose the cities in the segment from Wayzata to the Hennepin County border. Additional cities will be involved as members of the Highway 12 Task Force. It was moved by Councilmember Goetten,, seconded by Councilmember Sime, that the Council accept the information regarding the February 29, 1988 Highway 12 Corridor meeting. Motion, Ayes 5, Nays 0. COMPREHENSIVE PLAN #2 - STATUS* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Council accept the information regarding the Comprehensive Plan Amendment #2. Motion, Ayes 5, Nays 0. • 1972 SHADYWOOD ROAD* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Orono Council accept the information regarding the ordinance violation'at 1972 Shadywood Road. Motion, Ayes.5, Nays 0. U 1988 FIRE CONTRACTS* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Maple Plain, Long Lake and Wayzata Fire Contracts for 1988. Motion, Ayes 5, Nays 0. WEST HENNEPIN RECYCLING COMMISSION* JOINT POWERS AGREEMENT RENEWAL . It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the West Hennepin Recycling Commission Joint Powers Agreement for 1988. Motion, Ayes 5, Nays 0. 1988 INSURANCE AGENT OF RECORD* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to appoint Mr. Duweyne Carlson, Apple Valley Agency, as Insurance Agent of Record for 1988 at a• fee not to exceed $5,500.00 Motion, Ayes 5, Nays 0. 10 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1988 DISPOSAL OF EXCESS PROPERTY* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to declare four individual .police department car top emergency light bars as surplus municipal property; said light bars are valued at no more than $50.00 each, and the City Administrator is hereby authorized to dispose of said property through negotiated sales. Motion, Ayes 5, Nays 0. STEP INCREASE - OFFICERS ANDERSON AND ENGLISH* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Orono City Council approves the increase in vacation accrual from 120 hours per year to 144 hours per year for Bruce Anderson effective March 1, 1988; and increase in the hourly wage rate for Chip. English from $13.645 to $15.161, in accordance with the 1987 contract, effective February 11, 1988. Motion, Ayes 5, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept City Administrator Bernhardon's information regarding: 3405 Shoreline • Drive, 200 Hollander Road, Big Island Board of Governors, Lake Minnetonka Conservation District- Metropolitan Council Analysis, and Goal Setting. Motion, Ayes 5, Nays 0. CITY ATTORNEYS REPORT: City Attorney Barrett requested an Executive Session at this time. LICENSES RESOLUTIONS #2367 - #2374 Mayor Grabek withdrew from participation with the Council on this matter due to his membership in the Forest Arms Homeowners Association which is requesting a Joint Use Dock License. He referred to Acting Mayor Callahan for this matter. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the following licenses: Solicitor's License - Discount Flowers Cigarette License - Lakeview Golf Course Residential Kennel Licenses - Frank Yusup, 2220 French Creek Circle • Michael & Marilyn Pickard, 4607 Watertown Rd. Maxwell E. Alvord, 960 North Brown Rd. Robert S. Waag, 4760 West Branch Rd. Frank & Sue Kokesh, 4100 Watertown Rd. 11 i t ••• • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 8, 1988 LICENSES CONTINUED 1988 Joint Use Dock Licenses - Res. #2367— Walters Port Maintenance & Improve- ment Association Res. #2368 - Forest Arms Country Club Addition Homeowners Association, Inc. Res. #2369 - Sandy Beach Shores Res. #2370 - Rhode /Enlow /Lindahl Res. #2371 - Navarre Cove Homeowners Assoc. Res. #2372 - Foxhill Homeowners Association Res. #2373 Victoria Estates Homeowners Assoc. Res. #2374 - Minnetonka Power Squadron Motion, Ayes 4, 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 9:27 P.M. It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to adjourn the regular Council • meeting at 9 :27 P.M. Motion, Ayes 5, Nays 0. ATT ST:, L Dorothy allin, City Clerk Jame R. Grab or 12