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HomeMy WebLinkAbout04-11-1988 Council Minutes\ ti MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988 .ATTENDANCE 7:01 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Peterson, Goetten, and Callahan. Councilmember Sime was absent. The following represented the City staff: City Administrator Bernhardson, Public Works Director Gerhardson, Police Chief Kilbo, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Barrett and City Engineer Cook were also present. Mayor Grabek welcomed to the meeting Webelos Troop #297 from Mound. CONSENT AGENDA* It:was•- °moved by Councilmember Goetten, seconded by Councilmember Callahan, to approve the Consent Agenda* subject to removal of the following items: #9 - #1253 B. John Lindahl, 1406 Bohns Point Road - requested by City Administrator Bernhardson #20- Ordinance Amendment - Dangerous Weapons and Articles - requested by Councilmember Peterson #22- Schlee Builders - Settlement of Assessment - requested by Councilmember Goetten #25- Temporary Employment -Golf Course - requested by • City Administrator Bernhardson #'29 -City Administrator's Report- Comprehensive Plan Amendment - requested by City Administrator Bernhardson Motion, Ayes 4, Nays 0. RESOLUTION OF APPRECIATION - PAUL TAYLOR RESOLUTION #2405 It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2405 in Recognition of. Paul A. Taylor's Volunteer Service on the City of Orono's Park and Planning Commission from Janaury 5, 1983 to February 29, 1988. Motion, Ayes 4, Nays 0. Mayor Grabek read and presented the Resolution of Appreciation to Mr. Paul A. Taylor. APPROVAL OF MINUTES* It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to approve the Minutes of the March 28, 1988 Council meeting as submitted. Motion, Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS Planning Commissioner Jeffrey Johnson was present and had no comments at this time. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988 •PUBLIC COMMENTS There were no comments from the public, ZONING ADMINISTRATOR'S REPORT: #1201 M. HILBELINK /J. VOGT* 320 OLD CRYSTAL BAY ROAD FINAL SUBDIVISION RESOLUTION #2406 It was moved Councilmember Approving the Ayes 4, Nays 0. #1201 M.HILBELINK /J. VOGT ROAD NAME REQUEST by Councilmember Goetten, seconded by, Callahan, to adopt Resolution #2406 Plat of Meyer Dairy Addition. Motion, John Vogt was present for this matter and was agreeable to staff's recommendation. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the road names of "Silver View Drive" and "Silver Meadow Drive" for Meyer Dairy Addition per staff recommendation. Motion, Ayes 4, Nays 0. #1223 JOHN B. WALDRON k951 CONCORDIA STREET O NDITIONAL USE PERMIT RESOLUTION #2407 City Administrator Bernhardson explained the drafted resolution which reflects Council action to date, denying the creation of a walkout cut and a 3' terracing excavation, but approving lakeshore restoration with a 3' retaining wall at the upper end of the bank, and which approves the proposed deck in conjunction with concurrent removal of the existing hardcover, resulting in no hardcover increase. The resolution also conditions the approval on removal of the roof runoff drain tile, and advises applicant to work with staff in finding an acceptable solution. Assistant Zoning Administrator Gaffron stated that Mr. Waldron would not be present at this meeting, but has indicated concern with the lack of a solution to the roof runoff incorporated in the proposed resolution. Staff, has drafted the resolution as a comprehensive direction reflecting Council action. City Administrator understanding that approach staff with • problem. 2 Bernhardson stated it was staff's the burden was on the applicant to other solutions to the roof runoff MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988 1223 WALDRON CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2407 granting variances and a conditional use permit to John and Lynn Waldron, 1951 Concordia Stree, for construction of a deck and retaining wall in conjunction with grading to restore the lakeshore bank per the method found to be appropriate by the City Council. Motion, Ayes 4, Nays 0. #1213 ROLL IN LACY* 2655 NORTH SHORE DRIVE AMENDMENT TO RESOLUTION #2295 RESOLUTION #2408 It was moved by, Councilmember Goetten, seconded by Councilmember Callahan, to adopt Resolution #2408 approving an amendment of Orono Resolution #2295 that would amend the hardcover variance for Rollin Lacy of 2655 North Shore Drive. Motion, Ayes 4, Nays 0. #1258 JOHN EHLERT 1785 CONCORDIA STREET VARIANCE . RESOLUTION #2409 City Administrator Bernhardson explained the request for a conditional use permit and variances to construct an • attached garage and addition to the existing house. Planning Commission recommended approval-of the .variances and conditional use permit for the house addition, but recommended - denial of the side setback variance for the attached garage, of which staff has drafted a resolution reflecting this recommendation. • John Ehlert was present for this matter and stated no objection to Planning Commission and staff recommendation. Councilmember Goetten noted that the site plan submitted was incomplete in that it did not include all existing hardcover on the property necessary for in- accurate review of the application, however, she did not have a problem with approval per Planning Commission's recommendation. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2409 as presented. Motion, Ayes.4, Nays 0. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988 253 B. JOHN LINDAHL 6 BOHNS POINT ROAD ARIANCE REQUEST FOR REVISION BASED ON INCORRECT SITE PLAN City Administrator Bernhardson explained that Council previously approved a.variance to allow construction of a garage 18' from the lot line. However, during the final stages of preparation for the building permit application, applicant realized that the site plan was incorrect and is now requesting reconsideration of a variance to -allow construction of the garage 14' from the lot line. Council's options are 1) review the corrected information and approve the 14' setback, or 2) refer the matter back to the Planning Commission for review. Mr. Lindahl was present and reviewed the details of the incorrect vs. the-correct site plan. He noted that an additional delay would cost him a $1,000 reduction he was offered by his contractor for starting the job at this time. Assistant Zoning Administrator Gaffron stated in viewing the site he felt that the corrected location of the garage was similar to what was actually proposed and . therefore not a significant change. Planning Commissioner Johnson stated.he personally would have no problem with Council approving the request without referring it back to the Planning Commission. However, other members of the Planning Commission might expect it to be referred back and it was his opinion that the request would ultimately result in a split vote by the Planning Commission. It was moved by Mayor Grabek, seconded by Councilmember - .Goetten, to approve the variance adjustment as requested. Motion, Ayes 4, Nays 0. ENGINEER'S REPORT: WOODHILL ROAD PLANS AND SPECS RESOLUTION City Administrator Bernhardson submitted to Council for review and approval the specifications for the upgrading . . of Woodhi.11 Road east of Orono Orchard Road. Additionally, it is recommended that the assessment public hearing date be set for May 23, 1988. City Engineer Cook reviewed the plans and specifications •for the Council. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988 DHILL ROAD PLANS AND SPECS CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve the Plans and Specifications for Woodhill Road and authorize the City Engineer to advertise for the bids with a bid opening on April 29, 1988 and to designate May 23, 1988 at 7:00 P.M. as the assessment hearing and bid award date. Motion, Ayes 2, Nays 2. Councilmembers Goetten and Peterson voted .nay on the basis that they were both opposed to the project originally. Motion tied. It was moved by Councilmember Peterson, seconded by Mayor Grabek, to table this matter pending attendance by the full Council. Motion, Ayes 4, Nays 0. MAYOR'S REPORT: WEST HENNEPIN HUMAN SERVICES REPORT City Administrator Bernhardson introduced LaDean McWilliams and Bruce Larson of the West Hennepin Human Services Planning Board. He noted that Sue Morrison has submitted her resignation as an Orono representative on this Board effective this day because she is moving from the City. LaDean McWilliams stated that their biggest problem is • the energy assistance program which has been reduced 20% this year by Federal cuts and they anticipate a State cut .next year. As a result, their staff has also been cut, however, they have had many volunteers to assist them. Ms. McWilliams noted that she will be working part -time with the medical assistance program. Other points of interest noted were a telephone bill assistance program to.seniors citizens and various daycare subsidies from the cities. • Bruce Larson explained the status of the C.A.S.H. .(Community Action Suburban Hennepin) program. Mayor Grabek commended Ms. McWilliams and Mr. Larson for the many people they help. Mr. Larson extended an invitation to the Council to attend their Annual meeting on the evening of May 3, 1988. (They will be receiving an invitation in the mail.) 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988 C ADMINISTRATOR'S REPORT: MO ILE PEDDLERS City Administrator Bernhardson explained the issue of ordinance interpretation in relation to mobile peddlers, zoning information regarding the Paul Larson property, and the issuance of the solicitation permit to Mr. Penke. Staff recommends the following: 1. Appropriate ordinance modification be undertaken to be presented to the Council at the April 25th meeting. 2. That the property owner undertake the appropriate rezoning. 3. Only require a permit if the ordinance is amended to so govern but ensure he has a County license. 4. If no rezoning undertaken by June 15, 1988, not permit further sales on residential property. Councilmember G.oetten asked if Mr. Penke would be entitled to a refund 'from past paid solicitor's licenses? • City Administrator Bernhardson stated that was a question staff has not yet addressed. It was moved by Mayor grabek, seconded by Councilmember Goetten, that the Council direct staff to invesitgate the zoning and ordinance situation and allow the situation as it exists for this year. Motion, Ayes 4, Nays 0. DRIVEWAY EASEMENT - PHEASANT ROAD City Administrator Bernhardson explained the request for a driveway easement over City property from 2673 & 2655 Pheasant Road and 2615 Shadywood Road. In reviewing the request, staff found that 2655 Pheasant Road has direct driveway access onto Pheasant Road, therefore staff recommends tabling consideration of access over City property for this particular property. The residence at 2615 Shadywood Road has access from Shadywood Road, therefore staff recommends denying vehicle access over City property in this case. Staff's intent is not to :..close.. off, the. access -to these properties, merely not grant legal access. Staff recommends approving vehicle access over City property to serve as the primary access to 2673 Pheasant Road. 0 R MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988 DRAY EASEMENT CONTINUED D.C. Messer, 2673 Pheasant Road, stated he has owned the property for 22 years and was erroneously told that he owned property and he has made improvements under the assumption that he owned the property. He felt the easiest solution would be to'grant an easement to all three properties. He noted that he would like this issue resolved as soon as possible because he intends to put his property on the market for sale. .Attorney Richard Indritz, representing Mr. Huber of 2615 Shadywood Road, explained the desire for an alternate access because of the difficult access onto Shadywood Road. It was noted that it is the property owners desire to utilize both accesses. Mr. Indritz stated that.their request. is to legally approve an access situation that has existed for many years. Mr. Messer noted that the new owner of 2655 Pheasant Road, Joseph Forrer, needed access to his back half -lot through the requested City easement. Mr. .Indritz stated that if the City is denying a legal easement for 2615 Shadywood but not prohibiting the use of the access, he would like the right to use the access in writing. He felt = there was no other purpose for this • property and suggested that the City sell the property to the 3 property owners subject to them granting the City a utility easement. Mr. Messer stated it would be simpler if the City vacate the property and divide between the three property owners for them to maintain. . After' discussion, .it was moved by Mayor Grabek, seconded by Councilmember Goetten, to table this matter for further review by staff regarding the possibility of .i:selling the property. Motion, Ayes 4, Nays 0. CODD WATERS - STORM SEWER PETITION City Administrator Bernhardson reviewed the issue of determining whether the Council desires a 35% participation before ordering a feasibility study in this matter. He explained that according to the statutory requirements if the City undertakes the feasibility study without the 35% petition it will require a 4/.5! s vote at the time it decides to. actually order the improvement be undertaken should it choose to order it done. Staff recommends accepting the petition and order the feasibility study provided the property owner is willing to pay 50% of the cost of the feasibility study (total cost of study $1,500) should the City decide not to go ahead with the project. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988 -TOAD. WATERS CONTINUED Todd Waters of 3061 Casco Point Road, and John Dennis of 3055 Casco Point Road were present for this matter. Mr. Waters stated that the study will prove that hardcover has contributed to the drainage problem and would like the Council to undertake the study. Mr. Dennis stated he felt the rules have constantly been changing throughout the entire Waters /drainage issue. City Engineer Cook stated that the $1,500 feasibility study cost did not include recording the history of the drainage problem causes, it merely covers the cost to assess the problem and the solution. Mr. Waters noted the two main issues: 1) a feasiblity study to support the drainage problem and 2) who will share in the responsibility of fixing the problem. He also noted that according to his attorney, if the City denies the request to undertake the study and his property suffers damage from the drainage, the City will be liable. City Administrator Bernhardson reviewed the process of options involved in the feasibility study. •Mr. Dennis. state.d . that he has lost many .mature trees within:-the last five years because of the water ponding problem. He stated he feels like his property is being dumped on. Mr. Waters stated he is anxious to proceed with the feasibility study so as not to lose the summer months. It was moved by Mayor Grabek, seconded by Councilmember Callahan, that the Council accept the petition as currently submitted and order the Engineer to undertake the appropriate feasibility study for this matter if the two owners petition agree to 50% of the feasibility -- study cost if the project does not go forward. Motion, Ayes 4, Nays 0. CITY FACILITIES STUDY City Administrator Bernhardson updated the Council regarding. the, status of facilities study and recommended presentation of the review process of the site evaluation to the Planning Commission. • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988 •ACILITIES STUDY CONTINUED It was. moved by Councilmember Goetten, seconded by Councilmember Peterson, that the Council accept the information regarding the progress of the site evaluation together with adopting a process for development of the criteria for the site and specific commentaries on the, sites currently being analyzed. Motion, Ayes 3, Nays 1. Councilmember Callahan voted nay. Motion carried. SIREN•INSTALLATION MINNETONKA BEACH City Administrator explained that Minnetonka Beach is considering installing an emergency preparedness siren in their jurisdiction. Police Chief Kilbo, Emergency -Preparedness Director, has developed a master siren plan for the four communities served by the Orono Police Dept. and has indicated that installing a larger size siren in Minnetonka Beach would also benefit certain parts of Orono not currenty covered, particularly Big Island. Staff recommends the City of Orono participate in the cost for the difference of installing the larger siren. Additionally, it is recommended that the City offer to finance the. Minnetonka Beach portion at a reasonable interest rate in equal payments over a period not to exceed five years. • Councilmember Callahan was opposed to the City of Orono going into the-financing business regarding it -as a dereliction of duty. • City Administrator Bernhardson stated in this case the loan would probably be about 2 years at a 7 -7.5% interest rate which is the current rate for investments received by the City. He noted that Minnetonka Beach has not requested financial assistance at this point, and the purpose of the offer would be aiding them as a a..,. good neighbor and possibly al lowing.the installation of the siren this year rather than the following year. He noted that there is no legal problem with this precedure. It was moved by Mayor Grabek, seconded by Councilmember Goetten, that the Council offer to pay up to $3,200 for the installation of a 125 decibel siren in Minnetonka Beach and that Council consider an appropriate loan at a reasonable interest rate to Minnetonka Beach if they make such a request for financing. Motion, Ayes 3, Nays 1. Councilmember Callahan voted nay opposing consideration of a loan to Minnetonka Beach. Motion carried. oil _ MINUTES .OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988 LAKE MINNETONKA LAKE LEVEL 40 City Administrator Bernhardson explained the request from Art Finkelstein, 1720 Shadywood Road, for Council to support him in his effort to obtain information regarding the lake level from the appropriate agencies. Mr. Finkelstein was present for this matter and stated he was generally concerned about obtaining accurate information regarding the lake level. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to -support Mr. Finkelstein's efforts by forwarding a letter to the Minneheha Creek Watershed District and Lake Minnetonka Conservation District and appoint him as a liaison to the City of Orono, and .-.requesting him to report-.back to -the Council regarding.: ..his 'findings. Motion, Ayes 4, Nays 0. OPTIONS REGARDING LAND USE REVIEWS City Administratrator Bernhardson presented the issue of options relating to ways that the City may desire to undertake as it relates to its land use controls, and the means by which it reviews those. Councilmember Goetten did not feel a Board of Appeals was necessary because of the existing Planning • Commission, but she expressed the need f or a 5 member commission to deal specifically with zoning amendments and marina operations, which would take the burden off ... the Planning Commission's long agendas. City Administrator Bernhardson explained that the Planning Commission and Board of Appeals would be focused upon different types of agendas. It " was moved by Mayor Grabek, seconded by Councilmember Peterson, to submit this issue to the Planning Commission for their recommendation. Motion, Ayes 4, Nays 0. 1987 POLICE ACTIVITY REPORT City Administrator Bernhardson presented information regarding Police operations and contracts for 1987. Police Chief Kilbo stated he hopes to submit the 1987 statistical data at Council's next meeting. It was moved by Councilmember Goetten, seconded by Mayor Grabek, that the Council accept the information regarding the police department contract operations for 1987 together with approving the contracts for the Cities of Spring Park, Long Lake, and Minnetonka Beach • to be used in reducing those communities 1988 payments. Motion, Ayes 4, Nays 0. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988 MRDINANCE AMENDMENT - DANGEROUS WEAPONS AND ARTICLES RDINANCE NO. 48, SECOND SERIES Councilmember Peterson requested clarification of the term "air gun" and questioned why sling shots were not included in this ordinance amendment. • Police Chief Kilbo clarified the term of "air gun" to include any air propellent device. He noted that sling shots are controlled under other statutes. .It was moved by Councilmember Peterson, seconded by Mayor Grabek, that Council adopt Ordinance No. 48, Second Series as an amendment to Ordinance No. 9.10. Motion, Ayes 4, Nays 0. BOARD'OF REVIEW - WEDNESDAY, APRIL 27, 1988* It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to acknowledge April 27, 1988 at 7:00 P.M. as the Board of Review date. Motion, Ayes 4, Nays 0. SCHLEE BUILDERS - SETTLEMENT OF ASSESSMENT City Administrator Bernhardson clarified a concern by Councilmember Goetten regarding any interest owed. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, that the Council authorize the refund of $4,867.00 to the First Bank National Association upon the payment of the outstanding specials on the Bayshire development (outstanding specials included all interest, penalties and penalty interest outstanding.) Motion, Ayes 4, Nays 0. WATER RATE REVISION - LONG LAKE -* ORDINANCE AMENDMENT ORDINANCE NO. 49, SECOND SERIES . ­.... ..It . was moved by Councilmember Goetten, seconded by Councilmember Callahan, to adopt Ordinance No. 49, Second Series amending Ordinance No. 44, Second Series, to adjust Area #2, Long Lake, water rates from $2.50 to $2.75 per 1000 gallons effective for the second quarter billing, to be published April 18, 1988. Motion, Ayes 4, Nays 0. METRO-WASTE - ENGINEERING SERVICE* It was moved by Councilmember Goetten, seconded by Councilmember Callahan, that the City retain Bonestroo for the inspection work on the Metro Waste project on its behalf. Motion, Ayes 4, Nays 0. 11 MINUTES_OF.THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988- &ORARY EMPLOYMENT - GOLF COURSE City Administrator Bernhardson requested to add Betty Stevens to the list of temporary employees at the Golf Course. Ms. Stevens has been a past employee at the Golf Course. Councilmember Peterson asked if the number of employees has increased over last year and asked about the difference in hourly pay rates? •Pu�b_1•ic Works Director Gerhardson stated the number of employees is the same as. last year, and the higher hourly 'rate is based on previous experience working at the golf course. " ••It-vas moved by Mayor Grabek, seconded by Councilmember Goetten; to approve employing the following persons at the golf course: Doug Erickson Temp. Counter Helper @ $5.25/hr Betty Stevens Temp. Counter Helper @ $5.00 /hr John Ross Temp. Counter Helper @ $4.50 /hr Walter Mills Temp: Counter Helper @ $4.50 /hr Steve Baylor Temp. Counter Helper @ $4.25/hr David Lundstrom Temp. Counter Helper @ $4.25/hr • Dan ±Oas Greenskeeper- Helper @ $4.75/hr Motion, Ayes 4, Nays 0. ADDITIONAL DEPOSITORY* RESOLUTION 12410 It wasrmoved by Councilmember Goetten, seconded by Councilmember Callahan, to adopt Resolution #2410 making .additional depository appointments for 1988. Motion, Ayes 4, Nays 0. -TERMINATION OF PROBATIONARY STATUS* It was moved by Councilmember Goetten, seconded by Councilmember Callahan, that the Council not revise or modify the Administrator's determination in this matter. Motion; Ayes 4, Nays 0. a ADMINISTRATOR'S GOAL SETTING* It was',moved by Councilmember Goetten, seconded by Councilmember Callahan, to acknowledge the memo regarding Administrator's Goal Setting 1988 -89 and defer further discussion on this matter until the April 25, 1988 Council meeting. Motion, Ayes 4, Nays 0. 0 W MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988 &MINISTRATOR'S INFORMATION Regarding the Comprehensive Plan Amendment, City Administrator Bernhardson noted that due the land demand versus the urban service issue the Metro Council is asking for a 30 day extenstion to finalize the process. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to authorize a 30 day extension in this matter. Motion, Ayes 4, Nays 0. It was -moved by Councilmember Goetten; seconded by Councilmember Callahan,: to accept City Administrator Bernhardson's information regarding: LMCD /Metro Council Review, County Road 116, Willow /Highway 12 Warning Flasher, Marina Licensing, County Road 15 Construction, City /School Intervention; Planning •Interviews, and Goal Setting. Motion, Ayes 4, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Barrett reported that the Popham Haik law firm has been approached to assist in the transfer of sale of ...Dowden Cable Systems which serves Orono and surrounding communities. Popham Haik asks that the Council authorize a waiver if the matter comes to litigation. • It was moved by Mayor Grabek, seconded by Councilmember Callahan, to authorize the waiver as requested. Motion, Ayes 4, Nays 0. LICENSES* BILLS* It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to approve the following license: Special Events Permit - American Youth Hostels Ironman Ride Bicycle Ride through Orono Sunday, April 24, 1988 Approx. 7:30 -11:00 A.M. Motion, Ayes 4, Nays 0. It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to approve payment of the All Funds Accounts. Motion, Ayes 4, Nays 0. EXECUTIVE SESSION 9:12 P.M. City Administrator Bernhardson requested the Council enter into Executive Session at this time. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988 &WOURNMENT 9:20 P.M. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to adjourn the regular Council meeting at 9:20 P.M. Motion, Ayes 4, Nays 0. • • 14 i Jame R. Grabek, or