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HomeMy WebLinkAbout11-27-1989 Council Minutesr d MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 27, 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, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Engineer Cook, City Attorney Barrett, and City Recorder Scheffler. CONSENT AGENDA* Councilmember Peterson requested the removal of Consent Item #19 and Councilmember Callahan requested removal of item #20. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the Consent Agenda with the exception of Items #19 and #20, which were removed and discussed in the order they appear on the agenda. Motion, Ayes =5, Nays =O, Motion passed. APPROVAL OF MINUTES* It was moved by Councilmember Nettles, seconded by • Councilmember Peterson, to approve the Minutes of the November 13, 1989 Regular Council Meeting. Motion, Ayes =5, Nays =O, Motion passed. APPROVAL OF MINUTES* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the minutes of the Joint Council /Planning Commission Meeting of November 8, 1989. Motion, Ayes =S, Nays =O LAKE MINNETONKA CONSERVATION DISTRICT REPORT Representative JoEllen Hurr was present and reported that she had been busy with the Citizens Advisory Committee which is determining how the lottery revenues will be spent on natural resources. She said that when the lottery begins, 50% of the revenues will be legislatively designated for natural resources. Mayor Grabek asked if that would include Lake Minnetonka? Hurr replied that recreation is now one of the categories included in the designation and Lake Minnetonka is considered a recreational natural resource. Hurr reported that the Use Management Plan had been distributed and she requested input from the Council. She said she will be attending an inter - governmental and funding meeting on Thursday, November 30, at 10:00. She said the discussion will pertain to the addition of members to the LMCD and whether or not it is preferable to have funding from other agencies. She said she is concerned about the eventual result of a 5- member, local community board and there will not be a representative from each 1 MINUTES OF THE ORONO COUNCIL MEETING NOVEMBER 27, 1989 LMCD REPORT CONTINUED City. She said that Metropolitan Council is pushing in that direction. She said that "once you open up to legislation, you're open for anything that can happen to you as a conservation district and you could lose alot of power ". Ms. Hurr said that the Management Plan is just a draft and the main discussion will take place on December 2, 1989. Mayor Grabek asked Ms. Hurr if she was comfortable with the draft. Hurr said there were areas that still needed to be addressed, particularly the use figures and acreage /boat. Mayor Grabek questioned whether Ms. Hurr intended to do a written review of the Management Plan? Ms. Hurr said that she would be happy to do that. Mayor Grabek asked Ms. Hurr if she could have her review prepared by the end of the year? Hurr said that she would. Councilmember Nettles asked about the potential for disbursement of usage to lesser used bays. City Administrator Bernhardson indicated that policy direction was in the working draft but is not in the present executed summary drafts. Councilmember Callahan interpreted the working paper to indicate that onshore usage would be increased, though maybe not in the form of bars and restaurants. He said that the draft made him very uneasy. He said that the result and whole philosophy of the draft is that the LMCD expand its staff and budget in order to take over some of the objectives noted in the draft. He suggested that thought be given to the abolishment of the LMCD because the DNR and Hennepin County are doing much the same as the LMCD. He said that the LMCD has expanded the original intent of the Legislature in order to get some of the things they are trying to do. He said they have shifted from being a conservation body to take care of the watershed and quality of water to being a planning body. Hurr said that the original legislation had always referred to the LMCD as being a regulating agency to regulate docks and lake use. She said that the feeling of the report is that there needs to be more planning and addressing needs for Lake Minnetonka and the preference is the LMCD rather than the DNR. She said that it may be determined that it will cost the City of Orono more to retain that control. Hurr said the Use Management Plan had been drafted with the input from the Met Council, DNR, r. CJ MINUTES OF THE ORONO COUNCIL MEETING NOVEMBER 27, 1989 • LMCD REPORT CONTINUED Hennepin County, etc. Mayor Grabek asked what the consensus is of the LMCD members in regard to the tenor of the plan? Hurr said that there had been no discussion in that regard, though there has been discussion of the various individual sections. She said that she has reviewed the safety section and believes it to be a positive area. Mayor Grabek asked from where the funding for the Use Management Plan came? Ms. Hurr replied that it came from the LMCD and they are hoping the DNR will contribute $50,000.00 after - the -fact. Mayor Grabek asked about the time table for finalizing the plan. Ms. Hurr said that the Met Council wants the finalization by April, 1990. Ms. Hurr and Bernhardson said that there would be a review period following Met Council approval. • Councilmember Nettles asked if the compromise would be that in return for being the administrative agency that the LMCD will agree to have the broader representation by means of an alter governing board. 0 Hurr agreed that was possible in addition to the Met Council funding the LMCD. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT: #1406 DENNIS KUMLIN 2665 FOX STREET FINAL SUBDIVISION RESOLUTION #2733* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2733 approving the Final Subdivision for Dennis F. Kumlin. Motion, Ayes =5, Nays =O, Motion passed. 3 MINUTES OF THE ORONO COUNCIL MEETING NOVEMBER 27, 1989 #1452 WALTER PEMBERTON • 1702 SHADYWOOD ROAD VARIANCE SECOND REVIEW Mr. and Mrs. Pemberton were present for this application. City Administrator Bernhardson informed the Council and Mayor Grabek of the issues involved with this application. Mrs. Pemberton explained that the dining room was too small for the size of the house. She said there is no room in the kitchen to eat and the dining room will not accomodate a family sit down dinner very well. Councilmember Goetten asked what the size of the dining room is? Assistant Planning and Zoning Administrator Gaffron said that the dining room is approximately 10' x 131. Bernhardson noted that by constructing the addition 7' to the side, a 3' side yard variance would be required and there would still be a portion of the addition in the 0 -75' setback area. Mrs. Pemberton said that the addition being proposed is very • complimentary to the design of the house. Bernhardson informed the Council and Mayor Grabek that 1710 Shadywood Road, adjacent to the Pemberton's, hardcover in the 0- 75' zone is 17.5% compared to 22.5% and 29% in the 75 -250' zone, compared to the Pembertons' 52.03% The residents of 1710 requested to increase hardcover in the 75 -250' to 43% and the City denied their request and required them to remove an existing garage. The residence of Mr. Jack Rhode, 2 homes to the north, was within 55' of Lake Minnetonka and pulled it back to 611, using only a portion of the existing foundation to rebuild. His proposal was 13% hardcover in the 0 -75 and 24% in 75 -250' zone. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to deny application #1452. Councilmember Callahan asked what the Planning Commission had recommended. Gaffron replied they had recommended approval with a 4 to 2 vote. Mrs. Pemberton said they were being punished for something they did not do. She said they did not put in the deck, driveway or plastic. She said they were improving the architectual design of the house. Councilmember Goetten said that she was not faulting the Pembertons for the situation that existed when they bought the property. Goetten said that the problem involves not allowing the situation to continue or worsen. Goetten offered the Pembertons the option of tabling the application to explore other options. Mr. Pemberton asked what other options they had? Goetten said that perhaps there were no others. Mr. Pemberton said that the title to the house should reflect the condition of 4 MINUTES OF THE ORONO COUNCIL MEETING NOVEMBER 27, 1989 ZONING FILE #1452- PEMBERTON CONTINUED the house. Goetten said that issue would have to be addressed with the sellers of the home Pemberton purchased. Mrs. Pemberton asked if they could give up more hardcover? Bernhardson requested amending the motion to direct staff to prepare a resolution for denial. Councilmember Nettles amended his motion, Councilmember Goetten seconded. Councilmember Peterson asked whether part of the driveway could be removed? Gaffron replied that approximately 300 s.f. of driveway could be removed and still be functional. Councilmember Nettles suggested to Mr. Pemberton that he would table the application if he wished to explore removal of the hardcover and come back. Councilmember Nettles withdrew his motion. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to table this application to allow the applicants to further explore their options and return with a more favorable proposal. Mayor Grabek said that it was apparent that what was being proposed would not be acceptable so that there would have to be a compromise or redirection of the addition or there would be a vote at the next meeting. Mrs. Pemberton asked for direction as to how much reduction in hardcover the Council would like to see? Mayor Grabek said that he has a problem with approving an addition over a deck in the 0- 75' setback zone. Grabek said the only factor that allows him to • even consider this application is that the house is not extending further toward the lake, it is filling in a corner. Councilmember Goetten said that the only way she would be inclined to approve the application would be if the deck were removed. Councilmember Peterson asked whether the northern sidewalk could be removed also. Mr. Pemberton said that gravel, with no plastic, could replace the sidewalk. Councilmember Callahan said that he usually is persuaded by the Planning Commission recommendation and is impressed with applicants' efforts to reduce hardcover. Callahan said that on the other hand he would be inclined to adopt a rigid policy pertaining to covering over decks. Councilmember Peterson said that she concurred with Councilmember Callahan and asked the Pembertons if they had considered totally removing the deck? Mrs. Pemberton reiterated that her hardship is that the dining room is too small for the size of the house. Mayor Grabek said that such a hardship could be cited by anyone wishing to add on to their homes. Motion, Ayes =S, Nays =O, Motion passed. #1463 CONTEL OF MINNESOTA TONKAVIEW LANE /COUNTY ROAD.19 VARIANCE /CONDITIONAL USE PERMIT RESOLUTION #2734 Mr. Milt Seeman, Wayne King and Peter Broziac were present as representatives on behalf of Contel of Minnesota. • City Administrator Bernhardson provided a brief history of this application. Bernhardson said that the building proposal now has the building rotated as requested which reduces the variance to the north lot line by 6' and increased the south lot 5 MINUTES OF THE ORONO COUNCIL MEETING NOVEMBER 27, 1989 ZONING FILE #1463 - CONTEL OF MINNESOTA CONTINUED is line variance by 11. A landscaping plan has also been submitted showing screening on the west and south side. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2734, approving the conditional use permit and residential side lot line setback variances. Motion, Ayes =S, Nays =O, Motion passed. #1468 GEORGE PILLSBURY 1300 BRACRETTS POINT ROAD VARIANCE /CONDITIONAL USE PERMIT RESOLUTION City Administrator reported that the applicant had previously requested that this application be tabled. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to table this application. Motion, Ayes =5, Nays =O, Motion passed. ENGINEER'S REPORT 1989 SEAL COAT PROJECT FINAL PAYMENT* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the second and final payment • to Allied Blacktop, Inc. in the amount of $2,832.49. Motion, Ayes =5, Nays =O, Motion passed. PLANS AND SPECS - WELL #3* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the attached well specifications and to authorize the City Engineer to advertise for and receive bids on January 5, 1990. Motion, Ayes =S, Nays =O, Motion passed. CHANGE ORDER #2 HIGHWAY 12 - SEWER/WATER* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve change order 32 for the sewer and water improvements for Highway 12. Motion, Ayes =5, Nays =O, Motion passed. MAYOR /COUNCIL REPORT: PROCLAIMATION - DRUG AWARENESS WEER DECEMBER 3 -9, 1989 RESOLUTION #2735 Councilmember Goetten expressed her concern regarding the introduction of the DARE program in the Orono Schools. Goetten said that it would be wonderful if a decision could be made in honor of drug awareness week to have the program begin in the schools. • It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2735, designating 6 MINUTES OF THE ORONO COUNCIL MEETING NOVEMBER 27, 1989 PROCLAIMATION -DRUG AWARENESS WEER CONTINUED the week of December 3 -9, 1989 as Drug Awareness Week. Motion, Ayes =S, Nays =O, Motion passed. CITY ADMINISTRATOR'S REPORT: HIGHWAY 12 CORRIDOR STUDY City Administrator Bernhardson presented a summary of the meetings held in Willmar and Delano. The summary outlined a number of items that MNDOT must do before the process is started. This being an information item, there was no motion. 1990 -1991 ASSESSING SERVICES City Administrator Bernhardson updated the Council on the status of the assessing services. He said that he will be bringing a recommendation to the Council at the December 11, 1989 Council Meeting. This being an information item, there was no motion. CITY FACILITIES - TIMETABLE Councilmember Goetten asked whether the proposed timetable "wasn't really pushing it" since nothing had been accomplished at this point? Goetten said this was a little ambitious. • City Administrator Bernhardson agreed. LI Councilmember Nettles asked if the City wanted to get cost estimates on a per square foot basis within 30 days of last meeting on the facilities. Berhnardson agreed. Mayor Grabek said it was a good idea to have a schedule; it gives them something to shoot for. This being an information item, there was no motion. 1990 BUDGET City Administrator Bernhardson reminded the Council and Mayor Grabek that there will be a public hearing regarding the budget on Thursday, November 30, 1989. This being an information item, there was no motion. 1990 SCHEDULE It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the 1990 meeting schedule as presented. Motion, Ayes =S, Nays =O, Motion passed. 7 MINUTES OF THE ORONO COUNCIL MEETING NOVEMBER 27, 1989 DARE STATUS REPORT* • It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the informational update on the DARE program and table the matter to the December 11, 1989 meeting. Motion, Ayes =S, Nays =O, Motion passed. 1990 HEALTH INSURANCE Councilmember Peterson noted that there had been an error in the memo regarding the City's contribution toward health insurance, $15.00 rather than 15 %. Mayor Grabek noted that the increases presented are not as high as rates being experienced by other organizations. This being an information item, there was no motion. 1990 ENGINEERING RATES Councilmember Callahan questioned whether the City should review the various contractual services being provided to the City. Callahan said that he had no idea if the rates being proposed by the City Engineer for 1990 are competitive or not. Mayor Grabek concurred with Callahan and suggested that the City develop a program for reviewing these services on a regular basis. Mayor Grabek suggested listing the various contractual services and schedule the reviews in such a way so they will not • all occur within the same year. Councilmembers Goetten and Peterson agreed. Mayor Grabek suggested starting with Bonestroo, Rosene, Anderlik and Associates. Grabek said that the review process need not be lengthy and suggested that staff call other cities to see what they are paying and call other firms for rates. NAVARRE REDEVELOPMENT MEETING FOLLOW UP* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to table consideration of this item until the second meeting in January or its first meeting in February 1990. Motion, Ayes =5, Nays =O, Motion passed. COMPENSATION REVIEW - BUILDING & ZONING ADMINISTRATOR* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, that Building and Zoning Administrator Jeanne Mabusth's compensation level be adjusted from Step 3, Level II $39,129, to Step 4 of Level 11 for an annual rate of $41,912.00 effective September 15, 1989. Motion, Ayes =S, Nays =O, Motion passed. PUBLIC WORKS SUPERVISORY POSITION REPLACEMENT* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the resignation of the • supervisory position from James Gregory effective November 28, 1989 and to allow him to return to his previous position as Heavy Equipment Operator and to adjust his salary to $13.76 effective 8 MINUTES OF THE ORONO COUNCIL MEETING NOVEMBER 27, 1989 PUBLIC WORKS SUPERVISORY POSITION - CONTINUED November 28, 1989. It is also moved to appoint Wayne Quast as Public Works Supervisor Level I effective November 28, 1989, and to adjust his salary to $14.174 effective November 28, 1989. Motion, Ayes =S, Nays =O, Motion passed. COMPREHENSIVE PLAN UPDATE* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, that the Council accept the informational response on the Comprehensive Plans and table discussion as to course of action until the December 11, 1989 meeting. Motion, Ayes =5, Nays =O, Motion passed. SET PUBLIC HEARING DATE CDBG YEAR XIV* It was moved by Councilmember Peterson, as the public hearing Development Block Gran passed. - PROPOSED AMENDMENT TO Councilmember Nettles, seconded by to designate December 11, 1989, 7:00 p.m. date to reallocate Year XIV Community t Funds. Motion, Ayes =5, Nays =O, Motion ADMINISTRATOR'S INFORMATION It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: Highway 12 -1992 Safety Improvement; County Road 116; 1355 Arbor Street; Water System Highway 12; West Hennepin Human Services; Suburban Hennepin Parks Appointment; 2180 Prospect Avenue; and Art Center. Motion, Ayes =S, Nays =O, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett requested an Executive Session. LICENSES* It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to approve the following licenses: Septic System Installer: Midwestern Mechanical 9103 Davenport Street N.E. Blaine Residential Kennel: Albert & Sally Hanser 1685 Fox Street Kim Whitney 4470 Forest Lake Landing George W. Ronald 2480 Old Beach Road Robert & Debi Waag It 476 West Branch Road �t MINUTES OF THE ORONO COUNCIL MEETING NOVEMBER 27, 1989 LICENSES CONTINUED Liquor: Non - Intoxicating Malt Liquor: Non - Intoxicating Malt Liquor: On Sale - Jimmies Inc. 3380 Shoreline Drive Off Sale - Navarre Liquors Inc. 3421 Shoreline Drive Off Sale - O'Sullivans 2420 Shadywood Road Off & On Sale - Navarre Lanes Inc. 3425 Shoreline Drive Motion, Ayes =5, 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 =S, Nays =O, Motion passed. EXECUTIVE SESSION - 8:15 P.M. Mayor Grabek requested that the Council go into an executive session at 8:15 p.m. ADJOURNMENT 8:20 P.M. It was moved by Mayor Grabek, seconded by Councilmember Nettles to adjourn the Regular Council Meeting at 8:36 p.m. Motion, Ayes =S, Nays =O, Motion passed. Jame Grabek, M yor 10 0 It