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HomeMy WebLinkAbout03-27-1989 Council Minutes• MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 27, 1989 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Acting Mayor Callahan, Councilmembers Nettles and Peterson; Councilmember Goetten and Mayor Grabek were 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 Attorney Barrett, City Engineer Cook and City Recorder Scheffler. CONSENT AGENDA* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the Consent Agenda. Motion, Ayes =3, Nays =O, Motion passed. PRESENTATION - DOROTHY HALLIN, CITY CLERK Acting Mayor Callahan read a letter that had been sent to Mayor Grabek from the International Institute of Municipal Clerks. A plaque was presented to Ms. Hallin and Acting Mayor Callahan commended her for her achievements and contributions to the City. OATH OF OFFICE -SCOTT KUYPER • City Administrator Bernhardson administered the oath of office to Officer Kuyper. APPPROVAL OF MINUTES* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the Minutes of the March 13, 19898 Regular Council Meeting. Motion, Ayes =3, Nays =O, Motion passed. APPROVAL OF MINUTES* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the Minutes of the March 8, 1989 Special Meeting. Motion, Ayes =3, Nays =O, Motion passed. LAKE MINNETONKA CONSERVATION DISTRICT REPORT: EURASIAN MILFOIL PROGRAM PROGRESS LMCD Representative, JoEllen Hurr, reported that to date a total of $453,526.00 had been collected to assist with the removal of Eurasian Milfoil from Lake Minnetonka. In addition to that, Mr. Irwin Jacobs and other Lake Area citizens have contributed $500,000.00. The LMCD will be taking bids for equipment on Wednesday, March 29, and ordering equipment shortly thereafter. Hennepin County is providing the LMCD with a project supervisor that will oversee the summer operations. The LMCD • will contract for workers to use the machinery purchased. Every City, with the exception of Wayzata and Minnetonka, has contributed to the milfoil fund. 1 • r� LJ • MINUTES OF THE ORONO COUNCIL MEETING OF MARCH 27, 1989 LMCD REPORT CONTINUED Acting Mayor Callahan asked what the expected effectiveness of harvesting the milfoil would be. Ms. Hurr answered that the DNR would only allow 50% of the weed to be cut. This was due to the fact that weeds beneficial to the Lake would be harvested along with the milfoil weed. If the LMCD can purchase three harvesters, it is hoped that they can cut 500 acres twice per year. Money is being directed toward finding a biological solution to the milfoil problem. Acting Mayor Callahan questioned whether the City should release its contribution for the milfoil project at this time in light of adequate funds being collected to purchase the equipment. Bernhardson replied that it may be best to release Orono's contribution when either Wayzata or Minnetonka make a contribution and bring the Cities' fund total to $70,000. LMCD SHORELAND REGULATION -DRAFT Ms. Hurr stated that the draft of the regulations will be released shortly and the Lake Cities will have 5 or 6 months to respond. The shoreland regulations, once completed, will become a part of the LMCD's Comprehensive Plan. MISCELLANEOUS There will be an upcoming dinner to recognize those persons that worked on the "Save the Lake" project and the water patrol. Ms. Hurr thanked the City for the letter of recommendation supporting her reappointment to the Metropolitan Waste Control Commission. The Orono sewer project is continuing along County Roads 51 and 19. Many business owners in Navarre have expressed concern about the project affecting their business. The LMCD has negoiated with the contractor and will allow the entire closing of County Road 51 from County Road 135 to the North Arm Landing. That portion should be completed in April and the portion of County Road 19 would be completed by Memorial Day. The Navarre business seemed satisfied with that schedule. The only factors left to be determined, are the school buses and mail delivery. PUBLIC COMMENTS There were no comments from the Public. ZONING ADMINISTRATOR'S REPORT: #1364 EDWIN GAGE 480 TONRAWA ROAD CONDITIONAL USE PERMIT RESOLUTION #2604* It was moved by Councilmember Peterson, variance and conditional Road, for construction of Councilmember Nettles, seconded to adopt Resolution #2604, granting a use permit to Edwin Gage, 480 Tonkawa a 4' wide platform walkway in the 0 -75' 2 MINUTES OF THE ORONO COUNCIL MEETING OF MARCH 27, 1989 ZONING FILE #1364 -GAGE CONTINUED • lakeshore setback zone. Motion, Ayes =3, Nays =O, Motion passed. #1382 JOHN ROGERS 755 TONRAWA ROAD VARIANCES RESOLUTION #2605* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve Resolution #2605, granting variances for additional structure in the 0 -75' lakeshore setback zone for John and Lois Rogers, 755 Tonkawa Road. Motion, Ayes =3, Nays =O, Motion passed. #1366 LOREN BUTTERFIELD 3925 WATERTOWN ROAD SUBDIVISION RESOLUTION #2610 City Administrator Bernhardson reviewed the factors involved in this request for a subdivision. A portion of the five acre lot involved is across the Luce Line Trail. The property of Lot 2, north of the Luce Line contains the 2 -acre minimum dry contiguous land required for building. The DNR has granted a public easement to cross the Luce Line, however, that easement does not connect in any way with Lot 2. The steep topography bordering this property limits the ability to access it. The southern portion of Lot 2 contains wetlands and the northern • portion has a retention pond which Mr. Butterfield installed in 1953. The pond is used mainly for collecting runoff that results from Mr. Butterfield's nursery and is recycled back into the nursery operation and a reserve for fire. Mr. Butterfield has used the wetlands as a source of peat for his nursery, although he does not sell it commercially. A drainage easement for the pond on Lot 2 is being recommended and would allow Mr. Butterfield to continue pumping from the pond. A conservation and flowage easement on Outlot A and B, for the utilization of water and peat is recommended and would be subject to the guidelines of a conditional use permit. A variance would be required due to the greenhouse structure being located 1' from the proposed lot line of Outlot C. Assistant Planning and Zoning Administrator Gaffron stated that the Planning Commission recommended that no accessory structures be allowed south of the Luce Line Trail. Mr. Butterfield would like an exception to the recommendation. A secondary issue would be the setbacks. The setbacks may vary depending upon what would classify as the rear lot line. If accessory buildings were allowed south of the Luce Line, appropriate setbacks would need to be determined. The standard 26' from the wetlands would apply. Mr. Butterfield pointed out the fact that prior to applying for the subdivision, he could put accessory structures south of • the Luce Line. He did not understand how a subdivision application could take away rights that he previously possessed. He also commented that there are other lots south of the Luce 3 MINUTES OF THE ORONO COUNCIL FETING OF MARCH 27, 1989 • ZONING FILE #1366- BUTTERFIELD CONTINUED Line that have accessory structures on them, and one in particular that has a house being constructed. Mr. Butterfield explained that he rarely encountered pedestrians on the Luce Line at any time of day, with the exception of Fall (leaves changing color) and Sundays. Councilmember Nettles questioned whether the crossing of Luce Line Trail occurred by pedestrians or vehicles? Mr. Buttterfield responded that he had crossed with tractors and trucks. Nettles then asked what type of accessory structure was being proposed south of the Luce Line. Mr. Butterfield said his son was proposing a gazebo -type structure. Mr. Butterfield indicated that the setbacks for that portion of Lot 2 was not a concern, as long as an accessory structure would be allowed. Councilmember Peterson asked Mr. Butterfield what his objections to the proposed resolution were. Mr. Butterfield answered that he was concerned about the continued use of the pond and the ability to obtain peat. He said that he would be happy to comply with the recommendations made by the City Engineer. Assistant Zoning Administrator Gaffron informed the Council that based upon their action, he had drafted specific language • that would pertain to the Engineer's recommendation. The language would require a drainage easement in Lot 1 with the allowance of drawing water from the pond on the northerly property and a conservation and flowage easement that would reference a conditional use permit for the wetlands on the southerly property. Mr. Butterfield would then be required to apply for a conditional use permit. Councilmember Peterson asked whether Mr. Butterfield was successful in obtaining the conditional use permit applied for in 1975. Bernhardson replied that he was directed to do that in 1975 and that staff was recommending that Mr. Butterfield come forth at this time with that application, since the previous approval had been for temporary use only. Councilmember Callahan stated that it was his opinion, the division and use of this property was unique. He was concerned about the extremely long and narrow outlot and felt that there would be a future request for a lot combination of the property south of the Luce Line. He believed that the recommendation of the Planning Commission ought to be followed. Assistant Zoning Administrator Gaffron stated that a "Special Lot Combination" would be filed in the chain of title that would require Lot 2 and Outlot A to remain together. • However, it would not prevent a request for rezoning. Cal lahan did not believe that would be a permanent solution to a possible problem. Callahan reiterated his desire to follow the Planning Commission's recommendation to allow no accessory structures south of the Luce Line. 4 MINUTES OF THE ORONO COUNCIL MEETING OF MARCH 27, 1989 ZONING FILE #1366- BUTTERFIELD CONTINUED Mr. Butterfield mentioned that he would be willing to provide an easement from Lot 2 to the Luce Line crossing and from the crossing to Outlot A. He cited a similar subdivision request that occurred in Apple Valley, wherein the Court ruled against Apple Valley for disallowing the request. It was moved by Acting Mayor Callahan to accept the Planning Commission recommendations and that whatever need be done for the northerly pond, be done and that the applicant come back for the purposes of review of a conditional use permit for the southerly portion of Lot 2. There was no second to Councilmember Callahan's motion. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the Planning Commission recommendations with the exception that an accessory structure, in the form of a gazebo, be allowed on Outlot A with a minimum 501 setback from the Luce Line Trail and a 26' setback from the wetlands. Motion, Ayes =2, Callahan, Nay, Motion passed. #1384 FRITZ GULLICRSON 99 SIXTH AVENUE NORTH VACATION RESOLUTION #2607 Mr. Gullickson was present for this matter. City Administrator Bernhardson explained that a subdivision of this property had been done in 1986 but the existing drainage and utility easements were not vacated. Those easements now interfere with the building envelope of Mr. Gullickson's property. There were no questions or concerns expressed on behalf of the Council or the applicant. It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, to adopt Resolution #2607, granting a vacation of the drainage and utility easements that intersect the property at 99 Sixth Avenue North. Motion, Ayes =3, Nays =O, Motion passed. #1378 CURTIS OSTROM 4605 WATERTOWN ROAD VARIANCE RESOLUTION #2606 Mr. Ugurbil, the owner of 4605 Watertown Road, was present for this matter. There were no questions or concerns expressed on behalf of the Council or the applicant. It was moved by Acting Mayor Callahan, seconded by Councilmember Nettles, to adopt Resolution #2606, granting a side yard setback variance of 14115 ". Motion, Ayes =3, Nays =O, Motion 5 • • • MINUTES OF THE ORONO COUNCIL MEETING OF MARCH 27, 1989 ZONING FILE #1378- OSTROM CONTINUED passed. ENGINEER'S REPORT: LIVINGSTON AVENUE- FEASIBILITY RESOLUTION #2608 Mark and Karen Cuff were present for this matter. City Administrator Bernhardson reported that the feasibility study of the Cuff's property would cost $900.00. The City is recommending that the Cuff's would pay half of the $900.00 should the project not proceed. The City Attorney has determined that a petition of 35% of the affected property owners would not be required for the feasibility study. This would only apply to the project itself. Acting Mayor Callahan questioned the number of residences that would be affected by this project. Bernhardson stated that the number would vary depending upon whether the City considered only the affected property owners or the entire drainage district. He estimated that there would only be 5 or 6 residences directly affected. Karen Cuff showed the Council pictures she had taken of the • water running through her property. She mentioned the fact that there had been severe water leakage into her basement and their driveway was breaking apart due to excessive water. She indicated their willingness to half the cost. It was moved by Acting Mayor Callahan, seconded by Councilmember Nettles, to adopt Resolution #2608, directing the City Engineer to prepare a feasibility study relating to storm sewer installation on Livingston Avenue. It is additionally approved to include the costs of the feasibility study into the project costs if a project is ordered, and that one half of the costs of the feasibility study be paid by the resident at 3572 Livingston Avenue if the project does not proceed. Motion, Ayes =3, Nays =O, Motion passed. LIFT STATIONS 10 AND 43 City Administrator Bernhardson explained that the replacement of these two lift stations would be done in conjunction with the Metro Waste Control Commission sewer project. If lift station #10 is replaced with a gravity line the cost would be approximately $195,000.00. Due to the lift station installed by the MWCC, lift station #43 can also be eliminated. It has been determined that on a long term basis, this proposal would be most feasible. The City is recommending that funding for the lift station #10 project come from future connection • charges of approximately 80 sewer units in the area. Normally, if the City were to replace the lift stations, the City would have to totally fund the cost of the project. The funding for elimination of lift station #43 is recommended to come from the City's operating fund. C MINUTES OF THE ORONO COUNCIL MEETING OF MARCH 27, 1989 LIFT STATIONS 10 AND 43 CONTINUED It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, to accept the updated reports for lift station #10 and 43 by -pass and to direct staff to advertise for bids. Motion, Ayes =3, Nays =O, Motion passed. MAYOR'S REPORT: PLANNING COMMISSION INTERVIEWS* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the information from the staff and table the interviews until the April 10, 1989 meeting. Motion, Ayes =3, Nays =O, Motion passed. CITY ADMINISTRATOR'S REPORT: FACILITIES SITE ANALYSIS City Administrator Bernhardson asked the Council for their approval to authorize the expenditure of $2,100.00 for the purpose of performing soil tests on two potential sites. It was moved by Acting Mayor Callahan, seconded by Councilmember Nettles, to authorize expenditure of $2,100.00 from the City's Building Fund to perform soil tests on two potential sites, and further direct the comments from Planning Commission be incorporated in the analysis by the architect. Motion, Ayes =3, Nays =O, Motion passed. ELDERLY HOUSING City Administrator Bernhardson stated that the County had approached the City regarding the possibility of constructing a 50 -unit elderly housing facility in Navarre. The project would be funded through tax exempt mortgage bonds through the County. It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, to direct staff to further explore this option with the County regarding potential sites, needed services and initial feasibility. Motion, Ayes =3, Nays =O, Motion passed. WATER CONSERVATION REGULATION It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, to continue water conservation regulations as set forth in Resolution #2496. Motion, Ayes =3, Nays =O, Motion passed. PART TIME OFFICER RUYPER /PERA RESOLUTION #2609* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2609, declaring the part -time position held by Scott E. Ruyper is that of a Police Officer. Motion, Ayes =3, Nays =O, Motion passed. • • AUTHORIZATION TO HIRE - ASSISTANT FINANCE DIRECTOR* • It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to authorize the hiring of Linda Walters 7 0 • Is MINUTES OF THE ORONO COUNCIL MEETING OF MARCH 27, 1989 ASSISTANT FINANCE DIRECTOR CONTINUED to fill the position of Assistant Finance Director, effective April 3, 1989, at a starting salary of $10.005 per hour (Level 5 Step I) with a salary review for possible consideration of Level 5 Step II at the end of six months of employment. Ayes =3, Nays =O, Motion passed. AUTHORIZATION FOR CAR AUCTION* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the auction of abandoned, seized or unclaimed vehicles, to be held May 6, 1989. Motion, Ayes =3, Nays =O, Motion passed. AUTHORIZATION FOR CITY AUCTION* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the disposal of unclaimed, confiscated and obsolete property at auction to be held Saturday, April 29, 1989. Motion, Ayes =3, Nays =O, Motion passed. AFTER -THE -FACT - CHARGING POLICY* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to amend Ordinance Number 62 of the second series to incorporate the policy regarding double fee payment by residential property owners. Motion, Ayes =3, Nays =O, Motion passed. EQUIPMENT PURCHASE - PUBLIC WORKS SKID STEER LOADER* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the purchase of one new skid steer loader from Lano Equipment Company for an amount of $9,658.00. Motion, Ayes =3, Nays =O, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: Highway 12 Signage; Highway 12 Task Force; Minnehaha Creek Watershed District /Clean Waters Grant; MCWD Response /Operations Policy; Lord Fletchers Parking; Minnetrista /Hennepin Parks; Crystal Bay Road - Property Owner Assessment; Crystal Bay Road - Restoration Work; Response to Concerned Resident; and County Road 116. Motion, Ayes =3, Nays =O, Motion passed. CITY ATTORNEY'S REPORT: There was no report from the City Attorney. LICENSES* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the following licenses: Septic System Installer: Patnode Bros. Sewer & Water 16551 Lake Ridge Drive Maple Grove, MN 8 MINUTES OF THE ORONO COUNCIL MEETING OF MARCH 27, 1989 LICENSES CONTINUED Special Event: Easy Race IX One -half Marathon May 7, 1989 - 9:00 a.m. - 11:00 a.m. Motion, Ayes =3, Nays =O, Motion passed. BILLS* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes =3, Nays =O, Motion passed. EXECUTIVE SESSION - 8:05 P.M. City Attorney Barrett requested that the Council go into an executive session at 8:05 p.m. ADJOURNMENT 8:20 P.M. It was moved by Councilmember Peterson, seconded by Councilmember Nettles, to adjourn the Regular Council Meeting at 8:20 p.m. Motion, Ayes =3, Nays =O, Motion passed. 9 Edward J. Cal Acting Mayor 4 i ; n �.J r: •