HomeMy WebLinkAbout02-13-1989 Council Minutes• MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD FEBRUARY 13, 1989
ATTENDANCE 7:00 P.M.
The Council met on the above date with the following members
present: Acting Mayor Callahan, Councilmembers Goetten, Nettles,
and Peterson; Mayor Grabek was absent. The following represented
the City staff: City Administrator Bernhardson, Building &
Zoning Administrator Mabusth, Public Works Director Gerhardson,
Assistant Planning and Zoning Administrator Gaffron, City
Engineer Cook, and City Recorder Scheffler.
CONSENT AGENDA*
City Administrator Bernhardson requested the removal of
Consent Items 16, 24, and 26; Councilmember Peterson requested
removal of item 9; Councilmember Goetten requested removal of
items #2, 3, 5 and 25.
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to approve the Consent Agenda with the
exception of Items #2, 3, 5, 16, 24, 25 and 26, which were
removed and discussed in the order they appear on the agenda.
Motion, Ayes =3, Acting Mayor Callahan Nay, Motion passed.
• APPROVAL OF MINUTES*
Councilmember Goetten asked that the Minutes from the
Regular Council Meeting of January 23, 1989 be amended to reflect
that she did not vote on adjournment of the meeting.
Councilmember Nettles requested that a further amendment be made
to reflect that the meeting formally adjourned with a 2 to 1
vote.
It was moved by Councilmember Nettles, seconded by
Acting Mayor Callahan, to approve the Minutes of the January 23,
1989 Regular Council Meeting, as amended. Motion, Ayes =4,
Nays =O, Motion passed.
PLANNING COMMISSION COMMENTS
Planning Commission Representative, Jim Hanson, was present,
but had no comments at this time.
PUBLIC COMMENTS
Ms. Mary Autry, 50 Hackberry Hill, wished to discuss the
recycling program recently initiated in Orono. She said that she
had contacted several other area communities and found that few
were charging their citizens for their recycling programs. She
asked why Orono was charging the $9.00 fee.
City Administrator Bernhardson stated that there are other
communities charging for recycling, some on utility bills, others
include the fee in the city taxes. Orono has always had a policy
whereby it charges fees on a "user" basis as opposed to using
tax revenue whenever users could be identified.
Ms. Autry mentioned that Wayzata and Plymouth had incentive
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MINUTES OF REGULAR ORONO COUNCIL MEETING FEBRUARY 13, 1989
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PUBLIC COMMENTS CONTINUED
programs they were instituting and consequently there was a
tremendous amount of participation. She questioned whether Orono
would ever consider such a program? She felt it would help
justify the $9.00 charge. She also asked whether there could be
a pick up of leaves that would be included in the $9.00 charge.
Public Works Director Gerhardson informed Ms. Autry that Orono
did not pick up leaves, but did have a drop off site three times
a year.
Councilmember Goetten clarified that the major portion of
the $9.00 fee was for the bins. Bernhardson agreed and added
that the fee also covered that portion of monies payable to Polka
Dot that Hennepin County did not reimburse to Orono.
Ms. Autry felt that it was unfair to charge for the
recycling when previously she was being paid for her recyclable
cans. She added that the companies doing the recycling were paid
for the recyclable items they collect. Councilmember Goetten
said that the program was new and would be monitored for future
adjustments. Bernhardson commented that the convenience of
having the items picked up as opposed to having to deliver them,
should be considered in the $9.00 annual charge. He said that
the bids the City received for pick up were over and above what •
each company received for the recyclable items. The
reimbursement from Hennepin County was based upon participation
in the program. If Orono had a tremendous amount of
participation, there would be a possibility of a rate adjustment.
Councilmember Goetten informed Ms. Autry that had the City
not implemented a recycling program, the County would have come
in and would have charged a much higher fee.
Acting Mayor Callahan said that the Council was very anxious
for the project to succeed, because recycling was a good idea.
He said that the City would keep monitoring the program for ideas
to achieve the maximum participation. Public Works Director
Gerhardson had reported participation to be over 30% after the
first pick up.
Councilmember Nettles said that the Council would welcome
any ideas to improve the program.
There were no further public comments.
ZONING ADMINISTRATOR'S REPORT:
#1296 PETERSON /STODOLA
1895 SHADYWOOD ROAD
DENIAL RESOLUTION #2576 •
Councilmember Goetten requested a correction to page 8 of 9
of the Resolution.
It was moved by Councilmember Goetten, seconded by
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MINUTES OF REGULAR ORONO COUNCIL MEETING FEBRUARY 13, 1989
ZONING FILE #2576 PETERSON /STODOLA CONTINUED
Councilmember Nettles, to adopt Resolution #2576, denying
variances to Municipal Code, Section 10.25, Subdivision 6(b), as
amended. Motion, Ayes =4, Nays =O, Motion passed.
#1330 FULLERTON PROPERTIES
880 TOWNLINE ROAD
REQUEST FOR ENTRY MONUMENT
City Administrator BE
was a request for an entr3
Ordinance passed in July,
be tabled until the Februi
Works Director Gerhardsoi
Engineer.
rnhardson briefly explained that this
monument on Townline Road. Due to an
1988, it is recommended that this item
ry 27 Council Meeting to allow Public
an opportunity to meet with the City
Mr. Joe Franks, a representative from Fullerton Properties,
was present and indicated that he did not object to this item
being tabled. However, he said that he would be unable to attend
the meeting of February 27th and wanted to take this opportunity
to present his point of view. He said that when Fullerton
Properties built private roads, it created a negative situation
for the homeowners who would live on the road. The entry
monumemt is proposed to give a more positive feeling to them.
Fullerton Properties agreed that the monument could be removed if
and when the road became public.
Councilmember Nettles asked whether the homeowner's
association would be financially responsible for the removal of
the monument? Mr. Franks replied that perhaps the amount could
be assessed. Nettles asked if the covenants and restrictions
would address that issue? Mr. Franks said that the City could
require that the monument be removed before the City accepted the
road. Councilmember Goetten questioned whether or not such a
provision could be included within the Resolution as part of
final plat approval? Mr. Franks said he would have no problem
with that.
Councilmember Goetten suggested using the criteria used for
the zoning ordinances pertaining to entry monuments on private
land for this new ordinance. City Administrator Bernhardson
said that he would be further investigating whether there would
be a need to involve the Planning Commission due to the signage
aspect of this.
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to table this item until the February 27,
1989 Regular Council Meeting. Motion, Ayes =4, Nays =O, Motion
Passed.
#1334 SIDNEY REBERS
. HIGHWAY 12 & NORTH BROWN ROAD
AMENDED PRELIMINARY PLAN
Councilmember Goetten stated for the record the reason why
this matter was referred back to the Planning Commission. She
stated that at the December 12th Council Meeting when this matter
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MINUTES OF REGULAR ORONO COUNCIL MEETING FEBRUARY 13, 1989
ZONING FILE #1334 - REBERS CONTINUED •
was brought forth, the Council was not certain as to the square
footage of the four lots along the northern property line. They
were also uncertain as to whether there was a need for additional
controls with the enlarged building pads. The matter was
referred back to the Planning Commission so that they could
determine potential impact of construction on the four enlarged
building pads. The Planning Commission recommended that the side
setback of the no grading /restricted development areas be
expanded from 30' to 40' and found no need for further controls.
Councilmember Goetten stated that she had no further concerns
regarding this application.
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to approve this item. Motion, Ayes =4,
Nays =O, Motion passed.
#1362 PAUL HAUSER
2801 CASCO POINT ROAD
VARIANCES
RESOLUTION #2577
As explained by City Administrator Bernhardson, this was a
request for an average lakeshore setback variance. Originally,
the applicants were also in need of a hardcover variance, but
have since revised their proposal so as to remove 700 s.f. of
hardcover, rather than the 417 s.f. recommended by the Planning •
Commission.
The Hausers were present for this matter and had no
questions or comments.
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson to adopt Resolution #2577, in accordance
with the Planning Commission recommendations. Motion, Ayes =4,
Nays =O, Motion passed.
#1364 EDWIN GAGE
480 TONRAWA ROAD
CONDITIONAL USE PERMIT
RESOLUTION
Assistant Planning and Zoning Administrator Gaffron
explained that the applicant was proposing to construct a 6' wide
walkway through a wetland and partially within the 0 -75' zone.
Mr. David Stockdale, the Contractor, explained that the 6'
width was preferred because of the length of the walkway. It
would offer more stability and more room for passing.
Councilmember Goetten expressed her concern about approving
420' of hardcover within the 0 -75' zone. She felt it would set a
precedent to allow new hardcover in that area. She asked why it
would not be more practical, from a safety standpoint, to build •
the walkway 4' in width with a railing? Mr. Stockdale said that
the railings would have more of a vertical visual impact.
MINUTES OF REGULAR ORONO COUNCIL MEETING FEBRUARY 13, 1989
• ZONING FILE #1364 -GAGE CONTINUED
Councilmember Nettles asked Planning Commissioner Hanson for
his input. Hanson explained the process of review performed by
the Planning Commission for this particular item. Hanson
concurred with the applicant in that 6 feet, with or without a
railing, would be more safe than 4 feet. Nettles questioned the
height of the walkway. Gaffron replied that it would be
approximately 4 -5 feet above the existing ground, a portion of
which is below the 929.4' elevation and considered as lakebed but
exposed due to low water levels. However, when the water level
of Lake Minnetonka was restored it would be approximately 2'
above the water. Gaffron went on to say that should the water
level rise to 930' it would be necessary to connect the walkway
with a temporary seasonal dock out to the lake. Hanson believed
that the code would require a rail for elevations of 4' or more,
regardless of the width.
Councilmember Peterson felt that it would set a precedent if
the Council were to approve a 6' wide dock /walkway.
Assistant Planning and Zoning Administrator Gaffron
commented on the positioning of the support posts and questioned
whether there would be any problem with placing them at more of
an angle, rather than straight up and down.
• It was moved by Councilmember Nettles to adopt this
Resolution with the 6' width as recommended by the Planning
Commission. There being no second to this motion, it failed.
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to adopt this Resolution, allowing only a
4' width with a railing. Mr. Stockdale at this point requested
that this item be tabled. Councilmember Goetten withdrew her
Motion.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Peterson to table this matter. Motion, Ayes =4,
Nays =O, Motion passed.
#1366 LOREN BUTTERFIELD
3925 WATERTOWN ROAD
CLASS II PRELIMINARY SUBDIVISION
RESOLUTION
City Administrator Bernhardson informed the Council that Mr.
Butterfield was proposing to divide off a portion of his property
on the north side of the Luce Line. He is also requesting a lot
combination of property located south of the Luce Line and the
creation of a 28' outlot corridor which will come within 1' of
existing greenhouse buildings. New information was presented to
the Council regarding flowage and conservation easements, waiver
of damages and some revisions to the original proposal. Due to
• the fact that neither the Council nor Staff had an opportunity to
review this information, Bernhardson requested tabling at this
portion of the application.
Assistant Planning and Zoning Administrator Gaffron briefly
added that Mr. Butterfield would like to keep Outlot B with Lot 1
MINUTES OF REGULAR ORONO COUNCIL MEETING FEBRUARY 13, 1989
ZONING FILE #1366- BUTTERFIELD CONTINUED •
and does have vehicular access over the Luce Line. Outlot A
contains wetlands and there is a total of 2 1/2 acres of dry land
both north and south of the Luce Line. The Planning Commission
recommended that no structures be allowed south of the Luce Line
and that there be a 100' setback from the Luce Line right -of -way.
Mr. Butterfield was requesting that the pond in Lot 1 be excluded
from the conservation and flowage easement.
Mr. Butterfield was present and explained that he built the
pond in 1953 for the purposes of irregation and drainage. When
full, the pond will hold 1,100,000 gallons.
Acting Mayor Callahan stated that in his opinion the entire
application should be tabled due to the need to review the
conservation and flowage easement issue. Councilmember Goetten
concurred.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Goetten, to table this item until the February 27,
1989 Council Meeting. Motion, Ayes =4, Nays =O, Motion passed.
ENGINEER'S REPORT:
1989 ENGINEERING RATES
Councilmember Peterson inquired as to whether the proposed •
engineering rates would be comparable to rates charged to other
communities. City Administrator Bernhardson said that having not
done a recent rate review he could not specifically answer that
question. Previous rates charged by Bonestroo have been
comparable. City Engineer Cook informed the Council that the
rates were in line with rates charged to other clients; Bonestroo
tried to be consistent and competitive, and in some cases,
charged a lower rate /hour than other firms.
It was moved by Councilmember Peterson, seconded by
Councilmember Nettles, to approve the proposed 1989 rates as an
amendment to the contract with Bonestroo and Associates for
engineering services. Motion, Ayes =4, Nays =O, Motion passed.
MAYOR' S REPORT:
There was no report from the Mayor.
CITY ADMINISTRATOR'S REPORT:
COUNTY ROAD 51 PARKING
City Administrator Bernhardson explained that due to the
late arrival of information from Hennepin County, he was unable
to arrange to have residents in the area present. Hennepin
County is now proposing a fourth alternative to address the sight
distance problem. The new proposal would involve removal of 4
parking slots along the bend in County Road 51 between the
Hendrickson Bridge to Baldur Park Road. It is Bernhardson's
intention to have the residents present and discuss this proposal
at the February 27, 1989 Council Meeting.
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• COUNTY ROAD 51 PARKING CONTINUED
Mr. David Singer was present and reported that he had met
with Hennepin County personnel and was appalled to discover that
they had never determined any sight line distances. Mr. Singer
also investigated the issue of the 700 parking spaces, required
for Orono. It was his understanding that a LMCD task force will
be addressing that issue.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Peterson, to accept the information as presented
and to direct staff to notify the affected property owners prior
to the February 27, 1989 Council meeting to get their input.
Motion, Ayes =4, Nays =O, Motion passed.
LMCD - EURASIAN MILFOIL TASK FORCE REQUEST
As explained by City Administrator Bernhardson, the City had
received a request from the LMCD for monies for the Eurasian
Milfoil problem. The LMCD could either buy their own equipment
and contract for an operator for $280,000.00 /year, or hire a
contractor with their own machine at a cost of $300,000.00 /year.
They have asked for $100,000 from the County and $100,000 from
the 14 communities comprising the LMCD. They had suggested
using the proration used to determine what each community
contributes to the LMCD operating budget. The City is
recommending an allocation of $15,000.00, which was not included
• in the 1989 Budget.
Councilmember Goetten questioned whether the machinery, if
purchased, could be rented out. Bernhardson replied that it
would take ten years to rid the lakes of the milfoil. The
equipment, if bought, may not be in a condition for resale at
that time. Goetten further questioned whether the DNR had been
approached. Bernhardson said that he did not know for sure, but
it was his understanding that an area Legislator is discussing
this issue at the State level in the Legislature, and is looking
for funding either through the DNR or another agency.
Acting Mayor Callahan said that his concern was not that of
contributing as much as what would happen to the contribution
should the LMCD come up short of their goals. He suggested
making the contribution contingent upon the LMCD achieving its
goal of $99,032, and should that not occur, the $15,000 would be
used in Orono. Councilmember Goetten concurred. City
Administrator Bernhardson suggested requiring the LMCD to receive
$70,000.00 in contributions before Orono would contribute
$15,000.00.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Goetten, to direct staff to draft a resolution
approving a grant of $15,000.00 to the LMCD for the purposes
specified, conditioned upon the money being used for operations
• as described and conditioned upon the LMCD arbllecting $70,000.00
from the remaining Lake area communities. Motion, Ayes =4,
Nays =O, Motion passed.
MINUTES OF REGULAR ORONO COUNCIL MEETING FEBRUARY 13, 1989
COUNTY ROAD 116 - RESOLUTION #2578 •
City Administrator Bernhardson reminded the Council that at
the previous Council meeting they had asked for a resolution
expressing opposition to County Road 116 proposal.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Peterson, to adopt Resolution #2578, indicating
opposition to County Road 116. Motion, Ayes =4, Nays =O, Motion
passed.
1988 CORPORATE REPORT*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to accept the Corporate Report and other
relevant financial information for 1988. Motion, Ayes =3, Nays =1,
Motion passed.
HIGHWAY 12 -MNDOT 20 YEAR PLAN*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to accept the information at this time,
pending further word from MNDOT's office regarding a meeting with
the Task Force. Motion, Ayes =3, Nays =1, Motion passed.
1988 FINAL TRANSFERS*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to approve transfers as follows effective
December 31, 1988: from the General Fund to the PIR Fund, •
$123,840.80 for temporarily funding part of the MSA cost portion
of the County Road 15 street improvement; from the General Fund
to the Golf Course Operating Fund, $11,624.86 for temporary
funding of the golf course cash deficit; from the General Fund to
the 1985 Capital Project Improvement Fund $81,828.81 to transfer
the Improvement fund liability to the General Fund. Motion,
Ayes =3, Nays =1, Motion passed.
1988 SUMMARY OF RECEIPTS
It was moved by Councilmember Goetten, seconded by Acting
Mayor Callahan, to table this item until the February 27, 1989
Council Meeting. Motion, Ayes =4, Nays =O, Motion passed.
AGREEMENT WITH STATE OF MINNESOTA /ALCO SENSORS
RESOLUTION #2579*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to approve the agreement between the City
and the State of Minnesota which authorizes the lending of Alco
Sensors additionally Council adopts Resolution #2579, authorizing
such agreement. Motion, Ayes =3, Nays =1, Motion passed.
1987 FINANCIAL HEALTH*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to accept the Financial Health Statement
as presented for 1987. Motion, Ayes =3, Nays =1, Motion passed.
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MINUTES OF REGULAR ORONO COUNCIL MEETING FEBRUARY 13, 1989
SAC REFUND - RESOLUTION #2580*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to approve Resolution #2580 notifying
Metropolitan Waste Control Commission of Orono's intent to not
participate in the M.W.C.C. SAC Refund Program. Motion, Ayes =3,
Nays =1, Motion passed.
REPLACEMENT OF TERMINAL - POLICE DEPARTMENT*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to authorize the purchase of a police
department terminal /word processor with software from equipment
outlay fund monies in the amount of $4,790.00. The purchase is
to be reimbursed from the 1990 general fund police department
budget. Motion, Ayes =3, Nays =1, Motion passed.
SUBURBAN HENNEPIN COUNTY COMMUNITY PROFILE OF ORONO*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to accept the information and thank its
representative LaDean McWilliams for providing the information.
Motion, Ayes =3, Nays =1, Motion, passed.
SEASONAL WEIGHT LIMITS - RESOLUTION #2581*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to adopt Resolution #2581, pertaining to
seasonal weight restrictions. Motion, Ayes =3, Nays =1, Motion
• passed.
BID AWARD -1989 MATERIALS AND EQUIPMENT*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to accept the bids as presented for
equipment and materials for the calendar year 1989. Motion,
Ayes =3, Nays =1, Motion passed.
SALARY ADJUSTMENTS -RANDY O'BRIEN AND BARRY RATHBUN
City Administrator Bernhardson asked that this item be
withdrawn from consideration.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Goetten, to remove this item from consideration.
Motion, Ayes =4, Nays =O, Motion passed.
CITY ADMINISTRATOR'S INFORMATION
Councilmember Goetten asked if new officers would be
required to be trained in the use of stun guns. She felt it was
imperative that training occur prior to the officers using the
stun guns. City Administrator Bernhardson said that could be a
criteria, and clarified that in -house training had been occurring
all along. Chief Kilbo felt that another level of training would
be appropriate. Bernhardson said that he would bring forward
more specific information at the February 27, 1989 Council
Meeting.
Acting Mayor Callahan commented on the performance
recognition that was upcoming for City Clerk Hallin and Finance
Director Kuehn. He said that they were to be congratulated for
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MINUTES OF REGULAR ORONO COUNCIL MEETING FEBRUARY 13, 1989
CITY ADMINISTRATOR'S INFORMATION CONTINUED
their efforts and achievements.
Acting Mayor Callahan questioned the speed limit revision
for County Road 15. Bernhardson stated that from Blaine Avenue
in Navarre to County Road 110 in Mound, the speed limit would be
35 mph.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Nettles, to accept the City Administrator's
Information regarding: 3536 Lyric Avenue; MCWD Operation Policy;
1950 Shoreline Drive; City Clerk International Clerk's
Certification; GFOA; Stun Gun Training; County Road 15 Speed
Limit Establishment; and Goal Setting Status. Motion, Ayes =4,
Nays =O, Motion passed.
CITY ATTORNEY'S REPORT:
AMENDMENT OF ORIGINAL FLOWAGE & CONSERVATION EASEMENT
STIELOW ADDITION
City Administrator Bernhardson explained that City Attorney
Barrett had requested that a requirement of approval of this item
be that registration of title occur so that the other property
owner involved would have time to work with this.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Nettles, to adopt the Flowage and Conservation
Easement and the waiver of damages relating to the Stielow
Addition, subject to final approval of language concerning the
registration of title by the City Attorney. Motion, Ayes =4,
Nays =O, Motion passed.
ADDITIONAL ITEM
Councilmember Goetten stated that she had been informed by
the City Attorney that Mayor Grabek could not appoint
Councilmember Callahan as Acting Mayor for a two year term. The
term for Acting Mayor was only one year.
City Administrator Bernhardson said that City Attorney
Barrett would be doing more research on this issue and would
discuss his findings at the February 27, 1989 Council Meeting.
Councilmember Goetten expressed her desire to have this
issue formally and properly resolved. City Administrator
Bernhardson stated that this item would be placed on the agenda
for the February 27, 1989 Council Meeting.
LICENSES*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to approve the following licenses:
Cigarette License: June Candy Co. /Crystal Bay Services
3398 North Shore Drive
Jimmie's Lounge
3380 Shoreline Drive
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MINUTES OF REGULAR ORONO COUNCIL MEETING FEBRUARY 13, 1989
LICENSES CONTINUED
Q- Superettes
2160 Wayzata Blvd.
Rick's Super Valu
3333 Shoreline Drive
Gambling License: Multiple Sclerosis Society
(Renewal) North Star Chapter
2344 Nicollet
at Jimmie's Lounge
3380 Shoreline Drive
Septic Installers:
Resident Kennel:
Clover Hill Co., Inc.
Grant & Sue Kokesh
4100 Watertown Road
Robert S. Waag
4760 West Branch Road
Frank D. Yusup
2220 French Creek Circle
Maxwell E. Alvord
960 Brown Road North
Motion, Ayes =3, Nays =1, Motion passed.
BILLS*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to approve payment of the All Funds
Accounts. Motion, Ayes =3, Nays =1, Motion passed.
ADJOURNMENT 8:17 P.M.
It was moved by Councilmember Nettles, seconded by Acting
Mayor Callahan, to adjourn the Regular Council Meeting at 8:17
p.m. Motion, Ayes =S, Nays =O, Motion passed.
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ward J. Ca ahan Jr.
Acting Mayor