HomeMy WebLinkAbout05-08-1989 Council Minutes1
• MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD MAY 8, 1989
ATTENDANCE 7:00 P.M.
The Council met on the above date with the following members
present: Mayor Grabek, Councilmembers Goetten, Nettles, Peterson
and Callahan. The following represented the City staff: City
Administrator Bernhardson, Building & Zoning Administrator
Mabusth, Assistant Planning and Zoning Administrator Gaffron,
City Attorney Barrett, and City Recorder Scheffler.
CONSENT AGENDA*
City Administrator Bernhardson requested the removal of
Consent Item #32; Councilmember; Councilmember Peterson requested
that item #26 be removed.
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to approve the Consent Agenda with the
exception of Items #26 and #32, which were removed and discussed
in the order they appear on the agenda. Motion, Ayes =5, Nays =O,
Motion passed.
PRESENTATION OF AWARD- WESTONRA SENIORS
Ms. Cathy Bailey was present, as was Ms. Dotty O'Brien and
Mr. and Mrs. Paul Rauschendorfer. The Westonka Senior Community
40 Services Program had received recognition for achievements on
behalf of their volunteers who worked 17,200 hours. The City of
Orono received recognition for supporting the Senior Outreach
Program. Ms. Bailey then distributed a pamphlet explaining the
Westonka Senior Center Foundation. The foundation is being set
up for future generations and is a unique program in Minnesota.
The fund drive has been very successful.
APPROVAL OF MINUTES*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to approve the Minutes of the April 24,
1989 Regular Council Meeting. Motion, Ayes =5, Nays =O, Motion
passed.
PARR COMMISSION COMMENTS*
Park Commission Representative, Alexander Vongries, was
present and summarized the results of the Park Survey distributed
to Orono residents. City Administrator Bernhardson commended
Mr. Bradley and Dr. Vongries for their efforts in compiling and
tallying the surveys.
Mayor Grabek suggested that perhaps Orono could put together
a map depicting the recreational facilities available in Orono.
PLANNING COMMISSION COMMENTS
Planning Commission Representative, James Hanson, was
• present, but had no comments at this time.
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4.
MINUTES OF ORONO COUNCIL MEETING HELD MAY 8, 1989
PUBLIC COMMENTS
There were no public comments.
ZONING ADMINISTRATOR'S REPORT:
#990 WARD FERRELL
3411 WATERTOWN ROAD
VARIANCES
RESOLUTION OF DENIAL #2637
Mr. Jim MacKinnon, Mr. Ferrell's Attorney, was present on
Mr. Ferre l l's behalf.
City Administrator Bernhardson provided a brief history of
this application. The application was conceptually denied at the
April 24, 1989 Council meeting and the Resolution was now being
brought forward. There are two options for consideration, one of
which would deny the variances for construction on either of the
lots, and the option of waiving the six month delay to allow Mr.
Ferrell to make a new variance application.
Mr. MacKinnon said that his clients wished to work something
out as expeditiously as possible. He said that the Ferrells
would be willing to combine Lots 2 and 3 into one lot, 1.89 acres
in size.
Councilmember Goetten said that she had always been willing is
to approve one additional building lot. She said however, that
she did not want to ever see more than one additional house built
on that property.
City Administrator Bernhardson informed the Council that
splitting the 4 lots into 2 lots, equally sized, would be the
best from a septic system standpoint. However, there would be
less of a zoning precedent set by combining the two westerly
lots. Gaffron expressed staff's preference that a new
application be filed with a full Planning Commission review,
regardless of which option is requested.
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to approve Resolution #2637 with option 2, allowing the
applicant to determine which variance he preferred to bring
before the Planning Commission. Motion, Ayes =5, Nays =O, Motion
passed.
#1135 ROBERT HANNING
4220 SIXTH AVENUE NORTH
REQUEST TO EXTEND CONDITIONAL USE PERMIT
Mrs. Hanning was present for this matter.
City Administrator Bernhardson informed the Council that the
Hannings had received a conditional use permit to build a berm to
the side and in front of their residence. The Hannings had
difficulty obtaining fill and the project was not completed. The
conditional use permit will expire June 1, 1989. There is a
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MINUTES OF ORONO COUNCIL MEETING HELD MAY 8, 1989
• ZONING FILE #1135- HANNING CONTINUED
letter of credit securing the completion of the project. Concern
had been expressed regarding the type of fill being used by the
Hannings and Bernhardson suggested that issue be addressed if an
extension is approved.
Mrs. Hanning provided a brief history of the project and
explained the problems involved with obtaining clean fill. She
said it is difficult to obtain the quantity of dirt they required
all at one time and they did not want it delivered piecemeal.
She said that she wanted an extension to September 1, 1989 to
complete the berm.
It was moved by Mayor Grabek, seconded by Councilmember
Peterson, to extend the conditional use permit for the Hannings
to September 1, 1989, subject to the staff's conditions for
approval. Motion, Ayes =5, Nays =O, Motion passed.
#1261 JOB AND SANDY RAUSCHENDORFER
3895 SHORELINE DRIVE
VARIANCE
RESOLUTION #2628
Mr. Rauschendorfer was present for this matter.
Assistant Planning and Zoning Administrator Gaffron
• explained that the Rauschendorfer's were requesting a slight
revision to the conditions conceptually approved. They are
requesting that removal of the sidewalk to the lake occur at the
same time the foundation work occurs. If approved, the
Resolution would be revised to reflect that the sidewalk be
removed prior to the footing inspection being done. Gaffron
clarified that it may be necessary to raise the low area between
the house and the roadway to direct drainage away from the house.
Gaffron further mentioned that due to the house being raised 4'
the Rauschendorfers' intend to omit the basement access and put
in a first -story walkway and stairway.
It was moved by Mayor Grabek, seconded by Councilmember
Nettles, to adopt Resolution #2628, approving the variances as
set forth therein with the slight revision as requested by
applicants. Motion, Ayes =5, Nays =O, Motion passed.
#1367 STEVEN HARRIS
3850 WATERTOWN ROAD
CONDITIONAL USE PERMIT
RESOLUTION #2629
Mr. Harris was present for this matter.
City Administrator Bernhardson explained that Mr. Harris was
seeking a conditional use permit to construct a decorative pond
in a pasture area. Mr. Harris intends to construct a fence to
• keep his horses out of the area. The Resolution addresses
certain requirements for the applicant should he encounter drain
tile while constructing his pond.
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MINUTES OF ORONO COUNCIL MEETING HELD MAY 8, 1989
ZONING FILE #1367 - HARRIS CONTINUED •
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to adopt Resolution #2629, approving the
Conditional Use Permit for Steven Harris, per the recommendations
and conditions set forth therein. Motion, Ayes =S, Nays =O, Motion
passed.
#1375 DAVID PRICE
2914 CASCO POINT ROAD
VARIANCE
RESOLUTION #2630
City Administrator Bernhardson explained that Mr. Price was
seeking variances to construct an addition to his principal
residence. Although there will be a reduction, hardcover will
still exceed 25% in the 75 -250' zone. An average lakeshore
setback variance is also required and there have been no
objections expressed by the affected property owner. The
applicant revised his proposal to include the removal of a
portion of the existing patio.
It was moved by Mayor Grabek, seconded by Councilmember
Nettles, to adopt Resolution #2630, approving the hardcover and
average lakeshore setback variances to construct an addition.
Motion, Ayes =S, Nays =O, Motion passed.
#1388 CHARLES BERTELSON •
760 TONKAWA ROAD
VARIANCE
Mr. Bertelson was present for this matter.
City Administrator Bernhardson informed the Council that Mr.
Bertelson wished to construct a two -story garage. The structure
would exceed 1,000 s.f., and would therefore require a variance.
The Planning Commission had recommended denial. Gaffron noted
that should Council deny this application, the applicant could
opt to construct two separate structures, and would not exceed
hardcover standards with such an option. Gaffron said
considerations should be given to the relative visual
intensification within the neighborhood of two structures versus
one.
Mr. Bertelson expressed his preference for building only one
structure rather than two. Mr. Bertelson received a letter from
his neighbor indicating his preference to see only one additional
structure.
Councilmember Callahan questioned whether Mr. Bertelson's
woodworking was a business or a hobby? Mr. Bertelson replied
that it was only a hobby. Callahan noted that an amendment
relating to accessory structures was forthcoming. He asked
whether it would be possible to put a moratorium on accessory
structures until the amendment was approved? •
It was moved by Councilmember Callahan, seconded by
Councilmember Goetten, to place a moratorium on accessory
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MINUTES OF ORONO COUNCIL MEETING HELD MAY 8, 1989
• ZONING FILE #1388 - BERTELSON CONTINUED
structures until the Council has had an opportunity to consider
the amendment, not to exceed three months. Councilmember Goetten
asked whether the Council could legally place a moratorium on
building accessory structures. City Attorney Barrett, said that
the Council had a right to pass an ordinance imposing a
moratorium, except in cases where preliminary approval of a
subdivision had been given. Councilmember Callahan amended his
motion to pass an ordinance to place a moratorium on building
accessory structures, Councilmember Goetten seconded. Gaffron
informed the Council that Mr. Bertelson's accessory structure
would fall within the limitations of the amendment as it is
currently drafter. As long as Mr. Bertelson meets the hardcover
standards, under the amended ordinance, a variance will not be
required. Callahan indicated that he would prefer to review the
ordinance amendment. Planning Commission Representative Hanson
said that the Planning Commission had been concerned about the
hardcover issue should there be a future request to expand the
residence. Bernhardson suggested that the moratorium apply to
accessory structures in excess of 500 s.f. Motion, Ayes =S,
Nays =O, Motion passed.
#1389 JAMES /CHARLENE MARDOCK
880 DAKOTA AVENUE
AFTER -THE -FACT VARIANCE
• RESOLUTION #2631
Mr. Mardock was present for this matter.
Planning Commission Representative Hanson stated that he is
a neighbor of the Mardocks. He confirmed that the existing deck
is located and configured approximately the same as the pre-
existing deck.
Mr. Mardock said that the house was built close to the lot
line. Assistant Planning and Zoning Administrator Gaffron
clarified that the codes had been revised since the time the
Mardock's residence was built.
It was moved by Mayor'Grabek, seconded by Councilmember
Nettles, to adopt Resolution #2631, approving the after - the -fact
rear yard setback variance. Motion, Ayes =5, Nays =O, Motion
passed.
#1392 KIM EDWARDS
2450 WOODHAVEN DRIVE
AFTER -THE -FACT CONDITIONAL USE PERMIT
RESOLUTION #2632
Mr. Edwards was present for this matter.
Assistant Planning and Zoning Administrator Gaffron depicted
the area to the east of the house where fill l l had been placed.
aced.
•
The fill has overflowed onto the adjacent property and the City
Engineer has recommended that the fill be pulled back. The City
Engineer is also recommending that there be no fill placed in the
drainage area to the rear of the lot. The Planning Commission
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MINUTES OF ORONO COUNCIL MEETING HELD MAY 8, 1989
ZONING FILE #1392 - EDWARDS CONTINUED •
recommended approval of this application with a condition that 20
6' pine trees be planted. The applicant is requesting
reconsideration of that condition, as is an adjacent property
owner who submitted a letter to the City. Gaffron said that the
estimated cost of the trees would be $6,000.00.
Councilmember Goetten stated that she had been present for
the Planning Commission review. It was her opinion that the
requirement for 20 6' pine trees was a bit excessive. She said
she would be in favor of allowing Mr. Edwards to work with staff
to achieve a mutually agreeable amount of planting.
Councilmember Nettles concurred. Another neighbor of Mr.
Edwards' was present and stated that it was the general concensus
ofthe neighborhood that asking Mr. Edwards to plant 20 6' pines
was unnecessary.
Councilmember Callahan questioned how long the filling had
been occurring? Mr. Edwards said that nine years ago he was
working for the company that constructed the house, and fill was
brought in at that time. Callahan asked how many feet the
elevation had been raised? Mr. Edwards replied that it had been
raised 3' - 41. Callahan questioned why the City was not aware
that filling was being done? Gaffron responded that a certain
amount of filling was required around the house. There were no
complaints issued to the City regarding the fill brought in after •
that. Mabusth added that in addition to backfilling around the
house, it was necessary to protect the septic system with a berm.
She said, however, she could not account for the fill to the east
side of the house.
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to adopt Resolution #2632, with the omission of
paragarph 7, and conditioned upon Mr. Edwards working with the
City with regard to suitable plantings. Motion, Ayes =5, Nays =O,
Motion passed.
#1394 JACKSON WILSON
3059 FARVIEW
AFTER -THE -FACT VARIANCE
The applicant was not present for this matter.
City Administrator Bernhardson, explained that Council
recently approved an amendment of the original drainage easement
line. Since that time, an addition was put on the house and a
recent survey indicates that the addition encroaches into the
wetland setback area. This discrepancy clouds the Wilson's
title to the property, which they are in the process of selling.
Councilmember Callahan questioned what brought this problem
to staff's attention? Zoning Administrator Mabusth replied that
it was brought to her attention when the new owners came forth •
with title problems. The survey provided at the time the
addition permit was applied for showed the 930' elevation, but
did not show the drainage easement.
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MINUTES OF ORONO COUNCIL MEETING HELD MAY 8, 1989
• ZONING FILE #1394- WILSON CONTINUED
Councilmember Goetten questioned whether staff was at fault
for this discrepancy. Mabusth said it is difficult to know what
took place 10 years ago.
It was moved by Councilmember Goetten, seconded by Mayor
Grabek, to adopt Resolution #2633, approving the after - the -fact
variance for Jackson Wilson, 3059 Farview Lane. Motion, Ayes =5,
Nays =O, Motion passed.
#1395 THOMAS WILLIAMS
4127 OAR STREET
VARIANCE
RESOLUTION #2634
Mr. Williams was present for this matter.
City Administrator Bernhardson informed the Council that
this item involved the renewal of lot area and lot width
variances for a substandard lot. This matter was placed on the
consent agenda for the Planning Commission Meeting, however, Mr.
and Mrs. Rolland, neighboring property owners, expressed concerns
regarding drainage from this property and an accessory structure
being built on the outlot.
Mr. Rolland said he had spoken with Mr. Williams regarding
the maintenance of Oak Street. Mr. Rolland said that Mr.
Williams had indicated that he would be willing to contribute to
maintenance costs. Mr. Rolland felt that the proposed resolution
adequately addressed his concerns. Mr. Rolland further expressed
concerns about the development of a lot bordering on Linden Lane.
He said the owner had been renewing variances over and over
again. He said that development of the Linden Lane lot may
create additional runoff and could pose a problem.
Zoning Administrator Mabusth noted that the resolution had
been amended to address the drainage concerns.
Mr. Rolland asked whether the proposed moratorium on
accessory structures would apply to this property? Mrs. Susan
Dailey stated that it was her understanding that there would be
no accessory structure. Mabusth clarified that there was not any
specific proposal for the construction of an accessory structure.
Mr. Rolland's question pertained to notifying the future property
owner of the City's ordinance amendment. Mabusth said that the
resolution requires the future property owner to do a special lot
combination in order to build on the outlot.
Councilmember Goetten commented that the drainage in that
area has always been a concern of the City.
It was moved by Councilmember Goetten, seconded by
• Councilmember Peterson, to approve the renewal variance for
Thomas Williams, 4127 Oak Street, including the recommendations
for drainage. Motion, Ayes =5, Nays =O, Motion passed.
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MINUTES OF ORONO COUNCIL MEETING HELD MAY 8, 1989
#1396 MINNETONKA BOAT WORKS •
1449 SHORELINE DRIVE
CONDITIONAL USE PERMIT- VARIANCE
Ms. Beth Whittaker was present as a representative of
Minnetonka Boat Works, and the Owner of Minnetonka Boat Works,
Mr. Irwin Jacobs, was also present.
City Administrator Bernhardson explained that this
application involved the addition of 48 boat slips, 6 on Browns
Bay and 42 on Tanager Lake. There will also be a need to
add 26 parking stalls, on the Browns Bay side of Shoreline Drive,
and a treatment facility for runoff from the parking area. The
LMCD tabled this application due to a need to reconsider the
amenities being offered. The amenities are being provided at the
Wayzata location, rather than Orono. The current boat density of
this marina is 1:49. The City has jurisdiction to control
dockage, however there are no current standards to regulate
dockage. The application involves a conditional use permit and
variances.
Mr. Jacobs said that this marina has been an eyesore for the
17 years he has resided in the Tanager Lake area. He said
controlling the fishing occurring along Shoreline Drive on his
private property has been impossible. He said that Minnetonka
Boat Works prides itself in its efforts to properly maintain and
police the marinas, however the maintenance of this property is
not possible unless it is fenced -off.
Mr. Jacobs next addressed safety and amenities. He said in
order to eliminate the need for boaters to haul items across the
road, a loading dock will be provided on the Brown's Bay side.
The amenities being proposed are: A slip for the Water Patrol, a
charter boat for non - profit organizations, installation of a
public telephone, additional restroom, the ponding and skimming
basin, additional landscaping, the use of the Minnetonka Boat
Works facility for supporting fire deparment /emergency use. Mr.
Jacobs said that he wanted the Minnetonka Boat Works to set the
standard for the other marinas in the area.
Mayor Grabek questioned the proposal for the fence. Mr.
Jacobs replied that he had no specific plan. He added that it
was necessary if the shoreline fishing is to be eliminated.
Mabusth informed Mr. Jacobs that variance approval would be
necessary to install a fence in that area. Mr. Jacobs said that
the fence was optional, if necessary, there could be more
patroling of the area.
City Administrator Bernhardson said that the cross walk was
another issue. During the Windward Marina application, a cross-
walk was approved to serve both Marinas. There has been
confusion as to whether the City or County should put in the
cross -walk. Bernhardson said that the cross -walk would be a •
painted area, but the County would not allow a red signal light.
Councilmember Goetten said that she was amazed that a serious
accident had not occurred in that area. Mr. Jacobs said that he
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MINUTES OF ORONO COUNCIL MEETING HELD MAY 8, 1989
isZONING FILE #1396- MINNETONKA BOAT WORKS CONTINUED
agreed a cross -walk was necessary and he would participate in its
installation.
Councilmember Goetten said that she was concerned about the
boat slips proposed near the channel. Ms. Whittaker said that
those docks will be angled out in such a way that boaters would
have to back out in the other direction. Goetten also expressed
her concern about the increase in hardcover resulting from the
additional parking. Mr. Jacobs replied that the trees being
removed were either dead or in poor condition and they would be
replaced with something more aesthetically pleasing.
Councilmember Goetten said that she wanted to see increased
police coverage along that stretch of Shoreline Drive to control
speed limits. Mabusth suggested that the City work with the
County with regard to the cross -walk. Mr. Jacobs reiterated his
willingness to work to alleviate any safety problems. Ms.
Whittaker added that portable toilets would be placed on the
Tanager Lake side of the road, which would reduce the number of
road crossings. Ms. Whittaker also noted that the entrance to
the Marina is located very close to the property line and that
this would help to funnel persons to the cross -walk area.
Councilmember Callahan expressed his skepticism about a painted
cross -walk slowing traffic speeds. Mr. Jacobs disagreed, stating
• that in time traffic would slow down and drivers will abide by
the cross -walk.
Councilmember Nettles questioned whose responsibility it was
to clean up the shoreline. Mabusth replied that it would be up
to the City to ensure the property owner maintained the property.
Nettles opined that he did not believe that increasing the usage
and consequently the traffic in that area, would best serve the
City of Orono. He preferred to keep the use limited and avoid
the need for a cross -walks and increased patrols. Mr. Jacobs
said that the problems already exist, it would be up to him to
protect the boat owners. Ms. Whittaker noted that Minnetonka
Boat Works employs a security firm to patrol both the Wayzata and
Orono locations. Mr. Jacobs added that only boat owners could
access the property by use of a card or key.
Mayor Grabek said that it was going to be a matter of "give
and take ". He said that he did not believe in overdevelopment of
marinas, but he was in favor of improving the appearance of that
area while providing access to Lake Minnetonka. He believed that
Mr. Jacobs had the capability to do that. Mr. Jacobs reminded
the Council that he owns 50 acres of land on Tanager Lake and
that he lives in that area.
Ms. Whittaker asked if the issue of paving the parking area
could be discussed. Mr. Jacobs said that the boats would sink
• into the blacktop and it would need to be replaced frequently.
Ms. Whittaker said that the Minnehaha Creek Watershed District
had approved their proposal without requesting paving. Mabusth
stated that the County has requested that the accesses to the
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MINUTES OF ORONO COUNCIL MEETING HELD MAY 8, 1989
ZONING FILE #1396- MINNETONKA BOAT WORKS CONTINUED •
parking areas be paved.
It was moved by Mayor Grabek, seconded by Councilmember
Peterson, to minimize signage and painting of the the road by
having fencing on the east side of the road. Fencing in any
other location will require approval from the Council. Paving of
the parking area is not necessary, as long as staff
recommendations are followed. Mayor Grabek directed staff to
prepare the resolution for the May 22, 1989 Council Meeting.
Councilmember Callahan questioned what authority the City of
Orono has over docks. City Attorney Barrett responded that the
City currently had no jurisdiction over docks. Councilmember
Callahan said that he shared Councilmember Nettles' concerns.
Callahan questioned why the area could not be cleaned up and
controlled without adding boat slips. Councilmember Goetten
stated that years ago a request such as this would have never
been approved. She said that she was in favor of working with
the applicant, but felt that this application was a bit too
ambitious. Goetten said that it was her understanding that the
LMCD had not made a final determination on this request. Ms.
Whittaker responded that the LMCD wanted to see the amenities
split between Wayzata and Orono and that the matter was being
referred back to the Water Structures Committee. Mayor Grabek
said that in order to encourage property owners to clean up these
areas, the City had to be flexible. Goetten said that she was
very concerned about the traffic in that area. She suggested •
having Chief Kilbo's input on this matter. Mayor Grabek
commented that to date, no one has been able to control the
fishermen in that area. Councilmember Goetten said that she
would vote in favor of this application, provided that she be
given time to discuss her concerns with Chief Kilbo. Mabusth
suggested that Goetten also talk with Mr. Matsumoto, Traffic
Operations Engineer with Hennepin County. Motion, Ayes =4,
Nettles Nay, Motion passed.
#1398 STEVE HOWELLS
1448 PARK DRIVE
CONDITIONAL USE PERMIT
RESOLUTION #2635
Mr. Howells was present for this matter.
City Administrator Bernhardson explained that the Howells
were seeking approval of a conditional use permit to construct a
fence. The fence would be 6' high along County Road 19 and 4'
high as the fence heads back into the property toward the house.
Councilmember Goetten asked why the applicant's daughter
could climb over a 3 -1/2' fence, but not a 4' fence? Mr. Howells
stated that they would prefer to have the fence 5' along the
sides, rather than 41. Goetten asked Mr. Howells if 6' would not
be more desireable? •
Mayor Grabek questioned whether approving a 6' fence along
County Road 19 would be precedent setting? Gaffron replied that
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MINUTES OF ORONO COUNCIL MEETING HELD MAY 8, 1989
• ZONING FILE #1398- HOWELLS CONTINUED
the Howells' property was unique because all three sides bordered
on roadways. Mr. Howells stated that the fence would not create
any sight distance problems. Gaffron added that the City
Engineer has confirmed that fact. Mr. Howells also noted that
they have a blind daughter.
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to adopt Resolution #2635, approving the
Conditional Use Permit for the Howells at 1448 Park Drive, with
the amendment that the fence be 5' high along the sides, rather
than 41. Motion, Ayes =S, Nays =O, Motion passed.
PLANNED DEVELOPMENT ORDINANCE 67, SECOND SERIES
SUMMARY FOR PUBLICATION*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to adopt Attachment A as a summary
ordinance for publication for the recent changes for the zoning
code. Motion, Ayes =5, Nays =O, Motion passed.
MAYOR'S REPORT:
CITY ADMINISTRATOR EVALUATION AND CONTRACT
Mayor Grabek distributed a memo and evaluation sheet to the
Council asking them to complete and return it so the matter may
• be discussed at the May 22, 1989 Council Meeting.
It was moved by Mayor Grabek, seconded by Councilmember
Nettles, to table this matter until the May 22, 1989 Council
Meeting. Motion, Ayes =5, Nays =O, Motion passed.
DEVELOPMENT COMMITTEE APPOINTMENT
City Administrator Bernhardson explained that the
Development Committee was required to review minor changes and
building permits for the Planned Unit Development. Bernhardson
recommended that the Building and Zoning Administrator, City
Engineer and Public Works Director be appointed to the Committee.
It was moved by Mayor Grabek, seconded by Councilmember
Peterson, that the Public Works Director, City Engineer and
Building and Zoning Administrator compose the Development
Committee and that these be placed on the annual resolution of
appointment at the beginning of the year. Councilmember Callahan
questioned what duties the Development Committee would have?
Bernhardson explained that the Committee would review minor
deviations from the standards required under the Planned Unit
Development. Motion, Ayes =S, Nays =O, Motion passed.
CITY ADMINISTRATOR'S REPORT:
FACILITY SITE ANALYSIS
• City Administrator Bernhardson referred to information
comparing the costs of the three sites. He said that the
significant cost for site B, is the need to install a 12" well to
support a 1000 gal /min sprinkler system for each builing. The
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MINUTES OF ORONO COUNCIL MEETING HELD MAY 8, 1989
FACILITY SITE ANALYSIS CONTINUED •
sewer pond site would only require one well to support sprinkler
systems for both buildings. Site C will require significant
costs for soil correction. For sites A and B, there would be no
cost for the land, there would be for site C. At this time, a
specific purchase price for site C has not been determined. The
sale price of the land upon which the current facility is located
and the sewer pond site has not yet been determined. Bernhardson
noted that there would be additional costs if the current site
and sewer pond were used. The public works building would have
to be constructed prior to elimination of the existing buildings.
By doing so, there may be a delay in construction, and
consequently an increase in construction costs. There was also a
comparison given as to the cost /ft. quality of construction. A
low quality classification would be approximately $65.00 /sq. ft.,
an average quality would be about $75.00 /sq. ft. A listing
showing the cost /sq. ft. of other city facilities was provided to
help with the comparison.
Councilmember Goetten said she would like to look at other
city facilities that were in a more residential setting.
Mayor Grabek questioned whether the selling and purchasing
prices of the land involved could be discussed in executive
session? City Attorney Barrett replied that under the open •
meeting law, any discussions regarding bidding preparations for
land could be discussed in executive session.
Councilmember Callahan questioned what specific utilities
the costs indicated would cover. Bernhardson said the costs
would be for sewer, well drilling, and the pumps needed for the
well. Callahan briefly expressed his viewpoints concerning the
various options available for locating the new facilities. He
suggested that should the Public Works facility be located on
Highway 12, it may not be necessary to incur $160,000 for soil
corrections. He said that he would like to have cost information
in that regard.
LONG LABS FIRE - EQUIPMENT ACQUISITION
City Administrator Bernhardson informed the Council that the
City of Long Lake had an opportunity to purchase a boat at a
discount. The boat will be used to provide fire and other
emergency services. The boat was not a budgeted item and the
City of Long Lake is requesting a $2,500.00 donation from the
City of Orono. This would include $900.00 toward the boat, and
an additional $1600.00 toward the purchase of a pump and other
boat accessories.
Councilmember Goetten questioned why Long Lake had not
approached Orono prior to the purchase. Bernhardson said that
the boat was a post- budget item, and in his opinion, Long Lake •
had hoped to receive donations to cover the entire cost.
It was moved by Councilmember Goetten, seconded by Mayor
12
MINUTES OF ORONO COUNCIL MEETING HELD MAY 8, 1989
is LONG LAKE EQUIPMENT ACQUISITION CONTINUED
Grabek, to approve the $900.00 contribution to the City of Long
Lake for the reimbursement of the Relief Association for the
acquisition of a boat and $1,600.00 for the acquisition of the
necessary equipment. Motion, Ayes =5, Nays =O, Motion passed.
BOARD OF REVIEW, MAY 11, 1989
City Administrator Bernhardson reminded the Council that the
Board of Review was scheduled for May 11, 1989. In order to
handle the expected overflow, the Board of Review will reconvene
Wednesday, May 24th.
This being an informational item, there was no motion.
FACSIMILE MACHINE
City Administrator Bernhardson reported that the City was
requesting approal to purchase a facsimile machine for
approximately $1,000.00. There have been requests from outside
entities, as well as the City Engineer and City Attorney, to
have the ability to receive material via facsimile machine.
Councilmember Peterson questioned whether cost - consciousness
was the reason for selecting the machine indicated? Zoning
Administrator Mabusth explained that the requested machine would
adequately serve the needs of the City for now; the next step up
• would be $2,000.00 to $3,000.00. It was the general concensus of
the Council and Mayor Grabek that the City should invest in a
machine that would fulfill its needs presently and in the future.
It was moved by Mayor Grabek, seconded by Councilmember
Nettles, to approve the expenditure of a Facsimile Machine that
will adequately meet the needs of the City. Motion, Ayes =S,
Nays =O, Motion passed.
1972 SHADYWOOD ROAD
City Administrator Bernhardson updated the Council regarding
the situation at 1972 Shadywood Road. The City is following its
regular procedure for dealing with the cars and is working with
the neighbors to curtail the duck feeding.
This being an informational item, there was no motion.
LORD FLETCHERS- SPRING PARK MEETING*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to accept the information regarding Lord
Fletchers and commend Spring Park for working through and taking
the initiative on a difficult situation. Motion, Ayes =5, Nays =O,
Motion passed.
POLICE SUPERVISORY IMPLEMENTATION
. Councilmember Peterson questioned why there was a delay in
bringing this matter back before the Council. Peterson also
asked whether the quarterly evaluation report was a new item?
Bernhardson said that up until now, only an annual report had
been done, but that quarterly evaluations would be done from now
13
MINUTES OF ORONO COUNCIL MEETING HELD MAY 8, 1989
POLICE SUPERVISORY IMPLEMENTATION CONTINUED •
on. Lieutenant Cheswick has attended evaluation classes and has
a form he feels will be an improvement from what is currently
being used.
Councilmember Goetten questioned when the Council may expect
to see the information regarding the additional lieutenant.
Bernhardson said he would talk with Chief Kilbo to see if the
information could be presented at the May 22, 1989 Council
Meeting.
It was moved by Councilmember Peterson, seconded by Mayor
Grabek, to table this item until the May 22, 1989 Council
Meeting. Motion, Ayes =5, Nays =O, Motion passed.
POLICY AUCTION - RESCHEDULE DATE*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to approve the disposal of unclaimed,
confiscated and obsolete property at auction to be held Saturday,
June 10, 1989. Motion, Ayes =5, Nays =O, Motion passed.
TEMPORARY EMPLOYMENT - ORONO GOLF COURSE*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to employ Steve Boylan effective 5/9/89
and Robert Braun effective 5/2/89, as temporary counter helpers
at the hourly rates of $4.75 and $4.50, respectively. Employment •
is not expected to continue for a period longer than six
consecutive months. Motion, Ayes =5, Nays =O, Motion passed.
REQUEST AUTHORITY TO HIRE C.S.O.- PART -TIME*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to authorize the hiring of Mr. Troy
Denneson as a part -time C.S.O. at $5.10 hourly, commencing
immediately, with the annual salary not to exceed $425.00 per
month. All expenditures are to be within amounts budgeted for
animal control for 1989. Motion, Ayes =5, Nays =O, Motion passed.
FEE ORDINANCE AMENDMENT- PLANNED DEVELOPMENT
ORDINANCE 68, SECOND SERIES*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to implement the PUD Ordinance Amendment
into the 1989 Fee Schedule. Motion, Ayes =5, Nays =O, Motion
passed.
NO PARKING - RESOLUTION #2636*
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to approve Resolution #2636, authorizing
the placement of "No Parking" signes on East Long Lake Road,
beginning at the intersection at Old Long Lake Road to a point
800' north. Motion, Ayes =5, Nays =O, Motion passed.
ADMINISTRATOR'S INFORMATION •
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to accept the City Administrator's
Information regarding: Highway 12- Safety Improvement; Highway 12
14
MINUTES OF ORONO COUNCIL MEETING HELD MAY 8, 1989
• ADMINISTRATOR'S INFORMATION CONTINUED
Task Force; Summary of Receipts /Disbursements- March; Lake
Minnetonka -Lake Level /Graph; LMCD Shoreland Regulations; City
Docks; Recycling; Electronic Deposit; Additional Depository;
Kennel License; and Goal Setting Status. Motion, Ayes =5, Nays =O,
Motion passed.
CITY ATTORNEY'S REPORT:
There was no report from City Attorney Barrett.
LICENSES
It was moved by Councilmember Nettles, seconded by
Councilmember Goetten, to approve the following licenses:
Residential Kennel: Josh and Pam Uran
2705 Watertown Road
Garbage Haulers: Woodlake Sanitary Services, Inc.
4000 Hamel Road
Westonka Sanitation
P. 0. Box 94
Navarre
R & W Sanitation, Inc. and
• R & W Roll -Off Service, Inc.
5525 County Road 50
Carver
Redpenning Services
2076 County Road 90
Maple Plain
Motion, Ayes =S, Nays =O, Motion passed.
Mr. Brian Van Buesekom of Ingleside Engineering &
Construction, Inc., was present. He explained that the reason
there was incorrect information on their license application was
due to a clerical error. One of the secretaries had completed
the form and had not completed the form accurately.
Mayor Grabek asked Assistant Planning and Zoning
Administrator Gaffron about the quality of work provided by
Ingleside Engineering & Construction, Inc. Gaffron replied that
he could not recommend denial of the license based upon the
quality of work. He said there had been two separate incidents
involving wells that did not meet State code. The revocation
that occurred in Independence was due to working without a
permit.
• It was moved by Mayor Grabek, seconded by Councilmember
Nettles, to approve the septic license for Ingleside Engineering.
Motion, Ayes =S, Nays =O, Motion passed.
15
MINUTES OF ORONO COUNCIL MEETING HELD MAY 8, 1989
BILLS*
It was moved by Councilmember Nettles, seconded by
Councilmember Goetten, to approve payment of the All Funds
Accounts. Motion, Ayes =S, Nays =O, Motion passed.
EXECUTIVE SESSION - 9:40 P.M.
City Attorney Barrett requested an Executive Session.
ADJOURNMENT 10:15 P.M.
It was moved by Mayor Grabek, seconded by Councilmember
Nettles, to adjourn the Regular Council Meeting at 10:15 p.m.
Motion, Ayes =S, Nays =O, Motion passed.
ATTIM :
y M. llin, City Cler
16
I
Jame R. Grabek, Mayor
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