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HomeMy WebLinkAbout08-14-1989 Council Minutes• MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 14, 1989 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Peterson and Callahan; Councilmember Nettles 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, City Attorney Barrett, and City Recorder Schef f ler . CONSENT AGENDA* Councilmember Goetten requested removal of consent item #26. City Administrator Bernhardson informed the Council that in regard to item #24, he had received Mr. Wear's written approval. Therefore, it would only be necessary to initiate eminent domain proceedings for the Reisergord property. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve the Consent Agenda with the exception of Item #26, which was removed and discussed in the order it appears on the agendas Motion, Ayes =4, Nays =O, Motion passed. • PUBLIC INFORMATION MEETING LIFT STATION #10 FINANCING AND LIFT STATION #10 FINANCING RESOLUTION #2671, ORDINANCE #70, 2ND SERIES City Administrator Bernhardson briefly explained that the Metro Waste Control Commission project realigning the interceptor allowed for the replacement of Lift Station #10 with a gravity line. There has been concern regarding the capacity of Lift Station #10 and this project will allow for increased capacity. Financing for this project is projected to be through connection charges of properties that are currently unsewered. Ms. Elaine Rohling, owner of property located in Orono, indicated that the property she owned was landlocked and questioned whether this sewer project would affect her. Public Works Director Gerhardson told Ms. Rohling that he would meet with her to discuss the landlocked status of her property and that the sewer project would not affect her property. Mr. Steve Johnston, 900 North Shore Drive West, questioned whether he would have to pay the connection charge. Public Works Director Gerhardson answered negatively. • Councilmember Callahan questioned whether the City would receive any funds for this project from the Metropolitan Waste Control Commission. Gerhardson replied that this particular part of the project would be funded entirely by the City of Orono. 1 MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 14, 1989 LIFT STATION #10 CONTINUED is It was moved by Councilmember Goetten, seconded by Mayor Grabek, to adopt Resolution #2671 establishing a connection charge as the appropriate long -term method for financing this improvement and adopts Ordinance #70, Series, to amend the fee schedule to include it as a connection charge. Motion, Ayes =4, Nays =O, Motion passed. APPROVAL OF MINUTES* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve the Minutes of the July 24, 1989 Regular Council Meeting. Motion, Ayes =4, Nays =O, Motion passed. PUBLIC COMMENTS Mr. John Hollander was unable to attend this meeting and there were no other comments from the public. ZONING ADMINISTRATOR'S REPORT: #1331 METRO WASTE CONTROL COMMISSION 3290 NORTH SHORE DRIVE FINAL SUBDIVISION RESOLUTION #2673* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2673, approving the final • subdivision for the Metropolitan Waste Control Commission. Motion, Ayes =4, Nays =O, Motion passed. #1424 WINDWARD MARINE 1444 SHORELINE DRIVE VARIANCE /COMMERCIAL SITE PLAN RESOLUTION #2674 Mr. Jim Rivers was present for this matter. City Administrator Bernhardson informed the Council that Mr. Rivers wished to revise his previously approved proposal to construct a shop area on the Tanager Lake portion of his property. The original plan showed the shop building located on the north side of the property, next to the residential area. Mr. Rivers was now requesting approval of a side yard setback on the south side of the property so the building could be located next to the commercial property. Mr. Rivers explained that he preferred to locate the building nearer to the commercial property to avoid a cluttered appearance. Councilmember Peterson recollected that Minnetonka Boat Works had objected to Mr. River's proposal at the Planning Commission Meeting. She asked if anyone knew the basis for the objection? Zoning Administrator Mabusth replied that she had not • received any further information from Minnetonka Boat Works. Councilmember Goetten said that she thought the plan was 2 MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 14, 1989 • ZONING FILE #1424 - WINDWARD MARINE CONTINUED excellent, especially since hardcover was being reduced from the original proposal. Goetten did indicate, however, that she had the same concerns about safety and the crossing of Highway 15. She asked to see the plan amended to show an access to the crosswalk. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2674, approving the renewal variances and commercial site plan for Windward Marine. Motion, Ayes =4, Nays =O, Motion passed. #1425 WARD FERRELL 3405 WATERTOWN ROAD VARIANCE /SUBDIVISION Mr. James MacKinnon, Attorney, was present on behalf of the Ferrells. City Administrator Bernhardson provided a brief history of this application for a lot area variance and lot combination. Mr. MacKinnon provided a brief history of the Ferrells' property and the City of Orono's change in zoning requirements. Mr. MacKinnon said that the City's ordinance disallowing buildability of single owner substandard adjacent lots was a form • of discrimination with no basis. He said that he was requsting approval for one additional lot, rather than two lots. Mayor Grabek recollected that due to the history and location of the lot he had previously indicated that he would approve one additional lot. He questioned staff as to whether the resulting lot size would conform to the neighboring lot sizes? Gaffron confirmed that lots in that area ranged in size from 1 acre to 2 acres and that there were 3/4 acre lots on Cygnet Place. Councilmember Goetten said that she too had always indicated that she would be willing to approve one additional lot. Councilmembers Peterson and Callahan concurred. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to conceptually approve the lot area variance for Ward and Mary Ferrell with staff to draft a formal approval resolution. Motion, Ayes =4, Nays =O, Motion passed. ACCESSORY STRUCTURE ORDINANCE #72, SECOND SERIES Assistant Planning and Zoning Administrator Gaffron pointed out the specific areas of this Ordinance where the City may have problems. Gaffron said that the Ordinance may make it difficult, in certain cases, to maintain the setbacks from drainfield sites. • Councilmember Goetten said that it was the original intent of this Ordinance amendment process to carefully examine the type of accessory structures that people were putting on their lots. She believed that especially where small lots are concerned, a 3 MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 14, 1989 ACCESSORY STRUCTURE CONTINUED • 30' setback for accessory structures was appropriate. Councilmember Callahan questioned why swimming pools would be exempt when considering lot coverage. Gaffron said that the Planning Commission was concerned with the visual impact of structures covering area. Most pools are ground level and would not have any visual impact. Mayor Grabek noted, however, that most pools are surrounded by a fence. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve the Ordinance Amendment for Oversized Accessory Structures. Motion, Ayes =4, Nays =O, Motion passed. ENGINEER'S REPORT ORDERING PLANS & SPECS - WELL #3 /HIGHWAY 12 City Administrator Bernhardson explained that it was necessary to do test drilling to determine which aquifer can be used. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to proceed with the water well testing. Motion, Ayes =4, Nays =O, Motion passed. PAY REQUEST #1 - LIFT STATION 10/43 • It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve payment #1 for Lift Station 10 and 43 projects. Motion, Ayes =4, Nays =O, Motion passed. MAYOR'S REPORT: L.M.C.D. MAYOR'S MEETING Mayor Grabek reported that the attending Mayors had indicated they would like more control over the LMCD Representatives, because they felt they were not kept adequately informed. The Mayors also felt that there were too many meetings and that it was difficult to have representation at each meeting. The Mayors also questioned their ability to recall their respective LMCD Representative if they were not performing in a satisfactory manner. CITY ADMINISTRATOR'S REPORT: COUNTY ROAD 51 PARKING RESOLUTION #2675 City Administrator Bernhardson explained that Staff has recommended extending the "No Parking" area 200' further east than initially proposed. Public Works Director Gerhardson said that the City was still trying to work with Hennepin County to widen the parking • area on the south side of County Road 51. Mr. Thomas Anderson, 3550 North Shore Drive, said that he 4 MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 14, 1989 • COUNTY ROAD 51 PARKING CONTINUED was concerned about the sight lines to the west and the difficulty of crossing County Road 51. He said that the new curbing worsened the sight lines because there was only 5' between the curb and driving lane. Gerhardson confirmed that the parking area was only 51. Mayor Grabek questioned whether the "No Parking" area should be extended west toward the Hendrickson Bridge. Gerhardson said that it would be necessary to get more parking width in that area so that vehicles can pull off farther away from the driving lane. Mayor Grabek suggested that area be posted "No Parking" until such time that the parking area is adequately widened. Councilmember Callahan suggested that this matter be brought back for re- evaluation at a later date. Councilmember Goetten concurred. Bernhardson suggested that the re- evaluation be scheduled for next July. Mr. David Singer asked what the City would be re- evaluating. Councilmember Callahan replied that the City would make sure that the parking area along the side of County Road 51 is widened. Mr. Singer commented that he had measured and found a trailer extending two feet beyond the parking lane into the roadway. • It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt and amend Resolution #2675, designating "No Parking" along County Road 51, including additional footage west of the area initially proposed until such time that parking area is adequately widened with a review of the situation in July, 1990. Motion, Ayes =4, Nays =O, Motion passed. UNIFORM CURFEW ORDINANCE 71, SECOND SERIES City Administrator Bernhardson explained that the City would like to amend the "semantics" of the Curfew Ordinance so that it would read "14 years and under" rather than "under 15 ". Councilmember Goetten expressed concern about midnight being the curfew for 15 year old children. Bernhardson replied that the midnight curfew had been established for many years and was consistent with other cities. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to adopt Ordinance 71, Second Series, for the purpose of clarifying this ordinance, not changing the intent. Motion, Ayes =4, Nays =O, Motion passed. LMCD COMPREHENSIVE PLAN DRAFTS - SHORELINE /PUBLIC SAFETY This was an informational item and there was no motion. G� MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 14, 1989 FACILITIES MEETING - COUNCIL /PLANNING COMMISSION City Administrator Bernhardson recommended September 14th at 7:00 p.m. for the joint meeting to discuss the facilities. Bernhardson noted that he would need to set a date for a budget meeting as well. BOND SALE RESOLUTION 12676 City Administrator Bernhardson requested approval to recalculate the capitalization interest. He explained that there would be a delay between the time of construction and receipt of the assessment payments. Bernhardson estimated that the recalculation would increase the amount of the revenue bonds to issue and sell by approximately $200,000.00. Councilmember Goetten indicated that she would have no objections to the recalculation as long as Bernhardson provided a memo indicating what the exact recalculated figure is. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2676, establishing a date to issue and sell General Obligation Water and Sewer Revenue Bonds, Series 1989. Motion, Ayes =4, Nays =O, Motion passed. LAWSUIT SETTLEMENT ART CENTER RESOLUTION #2677* It was moved by Mayor Grabek, seconded Peterson, to adopt Resolution #2677, which reference the stipulation and the terms agreed Motion, Ayes =4, Nays =O, Motion passed. 1990 BUDGET LEVY RESOLUTION #2672* It was moved by Mayor Grabek, seconded Peterson, that Council adopts Resolution #2672 final proposed tax levy and expenditures fo 1990. Motion, Ayes =4, Nays =O, Motion passed. by Councilmember incorporates by to by the parties. by Councilmember establishing the r the budget year JOHN WALDRON 1951 CONCORDIA STREET AMEND RESOLUTION #2407 TO CORRECT LEGAL DESCRIPTION RESOLUTION 12678* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2678, amending and clarifying Resolution #2407. Motion, Ayes =4, Nays =O, Motion passed. MINNESOTA CYCLE TOUR* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to accept the information regarding Minnesota Cycle tour. Motion, Ayes =4, Nays =O, Motion passed. EARL NORWOOD- REFUND RESOLUTION #2679* It was moved by Mayor Grabek, seconded by Councilmember 6 • • L' MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 14, 1989 • NORWOOD REFUND CONTINUED Peterson, to approve Resolution #2679, approving a refund of the second sewer unit assessment for the Earl Norwood property at 1360 Vine Place, in the amount of $3,561.94. Motion, Ayes =4, Nays =O, Motion passed. ASSESSING SERVICES* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to authorize contracting with Rolf Erickson for Asses'sing services for the period 1 September, 1989, to 31 December, 1989, under the terms set forth in the draft contract. Motion, Ayes =4, Nays =O, Motion passed. AUTHORITY TO INITIATE EMINENT DOMAIN* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2681, initiating eminent domain proceedings on the property identified therein. Motion, Ayes =4, Nays =O, Motion passed. WATER CONSERVATION RESOLUTION 12680* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2680 regarding water conservation regulations. Motion, Ayes =4, Nays =O, Motion passed. • ADMINISTRATOR'S INFORMATION Councilmember Goetten noted that there were two people in attendance at the County Road 116 Informational Meeting. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: County Road 116 Informational Meeting; Stubbs Bay Informational Meeting; Deer - Bow /Arrow Permits; Milfoil Composting; Goose Removal; Public Works Garage Fire; Summary of Receipts, Disbursements & Balances, June Year -to -Date; Electronic Funds Transfers for July 8 - August 4; and Goals. Motion, Ayes =4, Nays =O, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett indicated that he had no report. LICENSES* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve the following license: One Day Setup Permit: Smith College Club of Minnesota At: Art Center of Minnesota September 8, 1989 9:30 - 2:30 p.m. • Motion, Ayes =4, Nays =O, Motion passed. 7 MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 14, 1989 BILLS* . It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes =4, Nays =O, Motion passed. ADJOURNMENT 8:10 P.M. It was moved by Mayor Grabek, seconded by Councilmember Goetten to adjourn the Regular Council Meeting at 8:10 p.m. Motion, Ayes =4, Nays =O, Motion passed. A v Jam s R. Grabek, —Mayor • 0