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Home My WebLink About12-12-1983 Council Minutes CITY OF ORONO REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 12, 1983. PAGE 1 ATTENDANCE 7: 00 PM The Orono Council met on the above date . The following members were present : Acting Mayor Frahm, Council— members Adams and Hammerel . Councilmember Grabek arrived at 7 : P19 PM. Mayor Butler and City Administrator Benson were absent . City Attorney Malkerson arrived at 7 : 06 . City Engineer Cook , Zoning Administrator Mabusth and Recorder Sutton represented the City staff . Planning Commission Representative Sime was present . CONSENT AGENDA* Councilmember Adams moved , Acting Mayor Frahm seconded , to remove item 31 from the consent agenda . Motion, Ayes f3) , Nays ((�) . Councilmember Adams moved , Acting Mayor Frahm seconded , to approve the Consent Agenda* subject to item 31 being removed from the consent agenda for discussion, with all staff reports concerning items reviewed at this meeting to be attached to the original copy of these minutes on file in the City Clerk ' s office. Motion, Ayes ( 3) , Nays (0) . APPROVAL OF MINUTES* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve the minutes of the Rescheduled Orono Council meeting of November 30 , 1983 . Motion , Ayes (3) , Nays (0) . PARK COMMISSION COMMENTS There were no Park Commission comments . LAKE MINNETONKA CONSERV.ATION DIST. There were no Lake Minnetonka Conservation District comments. PLANNING COMMISSION ' COMMENTS Planning Commission Representative Sime had no comments. PUBLIC COMMENTS There were no comments from the public present . #755 ROBERT DUMAS 405 OLD CRYSTAL BAY RD N0. FINAL SUBDIVISION RESOLUTION �1589 Applicant w�s not present. Councilmember Hammerel moved , Councilmember Adams seconded , to approve Resolution #1589 , A Resolution Approving The Plat Of Dumas Orchards . Motion, Ayes (3) , Nays (�1) . R�EGUL�R MEETING OF THE ORONO COUNCIL, DECEMBER 12, 1983. PAGE 2 �795 PAUL ELMER 398A DAHL ROAD PRELIMINARY SUBDIVISION Paul Elmer was present . Zoning Administrator noted that there are two non-conforming structures on the property. Acting Mayor Frahm stated thatthenon-conforming boat house shouldn' t be a big problem but the shed should go . Frahm noted that since they are creating a new lot , that on the new lot the non-conforming structure should be removed . Paul Elmer explained that the shed was used mainly for storage. Zoning Administrator Mabusth stated that staff would require that the shed be removed prior to issuance of a building permit . Actinq Mayor Frahm stated that it should be made clear when staff drafts a resolution for final approval that access to this lot should be Dahl Road only. Acting Mayur Frahm moved , Councilmember Hammerel seconded , to recommend preliminary approval subject to the shed on Lot 2 being removed prior to issuance of a building permit and that staff specifically state in the resolution that access to that lot be via Dahl Road only and a private easement to be taken. Motion, Ayes (4) , Nays (P�) . �798 NORTH SHORE DRIVE MARINA 3222 NORTH SaORE DRIVE COMMERCIAL SITE PLAN REVIEW Larry Hork and Don Edwards were present . Mike Sjecklocha of 1424 Baldur Park Road and Bruce Clark of 54�J Barrett Avenue were present from the audience . Zoning Administrator Mabusth stated that the North Shore Drive Marina is requesting a building permit for the purpose of constructing a 72' x 40 ' repair shop. Mabusth noted the North Shore Drive Marina is a non- conforming commercial use in a residential zone . Larry Hork stated that right now he can' t service his customers and needs this building . Hork stated that his main concern is getting the building permit for the repair shop. Hork noted that he is very close to resolution of the problem with the LMCD. Hork asked Council to make some sort of resolution of their feelings of changing them to commercial . F.EGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 12, 1983. PAGE 3 �798 NORTH SHORE DRIVE MARINA Acting Mayor Frahm asked what would be done with the offices that they are planning to move . Larry Hork noted he has part of his office in his summer cabin, some in non Edwards cabin and some in the shop building . Hork stated those cabins would be used for storageof theirrecords. Horkstated thathe intends to remodel the main building . City Attorney Malkerson stated that back in 1956 , the City Council down zoned the property. Malkerson stated that there was litigation and they lost . Malkerson noted in 1973-74 when the City did their Comprehensive Plan, there was a recommendation from the Planning Commission that this property be rezoned from B-2 commercial to LR-1C-1 residential . Malkerson stated after a few public hearing s the Council rezoned that property from commercial to residential . Malkerson stated Mr . Hork commenced a lawsuit challenging the validity of that and the City responded . Malkerson stated since that there haven' t been any further pleadings by the plantiff . Malkerson stated that the City did not push for completion of the litigation and the City waited for Mr . Horkto proceed buttheydidn ' t. Malkersonstated at this point the property has been rezoned from commercial to residential . Malkerson stated as residential property under the code there should not be expansion of the marina . Councilmember Grabek asked the reasoning of the Council for the rezoning of the property from commercial to residential . City Attorney Malkerson stated that he recalls that some of the reasoning had to do with compatibility with existing zoning , traffic , and adverse effects on surrounding properties. Malkerson stated that the laws between 1966-198Q are so different . Malkerson stated that since this property was rezoned under the Comprehensive Plan , Mr . Hork is allowed to continue his operation that existed at the time of rezoning as long as he doesn ' t expand . Councilmember Hammerel asked if there had been any complaints from the neighbors . Zoning Administrator Mabusth stated that she hadn' t received any complaints. REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 12, 1983. PAGE 4 �798 NORTH SHORE DRIVE MARINA Larry Hork stated that at the time of the rezoning he had made application to the Planning Commission for a building permit to install a full marina building on the property, which included shop facilities and sales facilities . Hork stated the City rezoned the property and as a result of the court action that was put aside. Hork stated he reinstigated that application in 1970 , to see how the Planning Commission would feel at that time. Hork noted again at the time of the rezoning , they had submitted an application for building permits on the property. Hork noted that the lawsuit was only for their property and not the whole strip of iand along there that was rezoned . Hork stated that the judge ruled that the property had every right to remain commercial and the judge ordered a dismissal and at that time he agreed to waive hisrightsanddismissthataction. Horkstated that the judge cautioned the Mayor and Councilmembers that Mr . Hork could ask to reopen that case if the City didn' t act in good faith. Hork stated that the City acting in good faith meant that they would rezone and sustain the commercial zoning of that marina . Hork stated that the building that he used in Watertown in previous years has been torn down so he has no facilities . Councilmember Adams st�ted that this really will be an expansion �f that property if Mr . Hork is going to be bringing business from Watertown. Larry Hork stated that it shouldn' t increase the traffic and that he has no intention of expanding the use of the property. Hork noted he has had temporary structures before . Hork noted that he is being taxed as eommercial property but yet he can' t seil it as commercial property because of the residential zoning . Mike Sjecklocha of 1424 Baldur Park Road stated that when he drives by he perceives that strip of land as commercial and not residential . Sjecklocha stated that there is no traffic problem at North Shore Drive Marina and that the real traffic problem is at Chaska Marina . Bruce Clark of 540 Barrett Avenue stated that he delivers tools to North Shore Drive Marina and that he has no problem with the traffic . Clark stated that Chaska Marina has a biq problem with traffic . Larry Hork stated that in 33 years there has never been an accident and that they have the best and easiest access than any other mar ina . Hork stated that two of his neighbors would gladly come to the Council meeting . Hork stated that he would consider moving the building to meet the setbacks . REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 12, 1983. PAGE 5 �798 NORTH SHORE DRIVE MARINA Acting Mayor Frahm moved to set a six munth period to review the zoning in the area and the possibility of rezoning and to issue an official conditional use to the Hork property which would allow him to do things as would be allowed in the B-2 zoning . City Attorney Malkerson stated that would not be legal because it is not a permitted use . Acting Mayor Frahm withdrew motion. Councilmember Grabek stated that the law actually forces the property owners between the commercial areas into a state of deterioration. Grabek noted that changing the zoning to commercial use would not damage the lake because the damage has been done with the existing marina use. Grabek stated that any additional use of lake by the marina would be controlled by the City and LMCD. Councilmember Grabek moved , Councilmember Hammerel seconded , to request the Planning Commission to study the feasibility of rezoning of this property and the a�joining properties to B-2 or some other type of commercial district at the next Planning Commission meeting January 15th . Zoning Administrator Mabusth stated that since the Council prioritized the common ownership and subdivision regulations projects that all the zoning applications where held up, and that those zoning applications were to go to the January 16 , 1984 Planning Commission meeting . M�busth noted she didn' t think that staff wouid have ample time to do the history and zoning review of the North Shure Drive Marina in time for the Planning Commission meeting of the 16th . Motion, Ayes (2) , Nays ( 2) . Motion failed . CouncilmembersHammerelandGrabekvotedayeand Adams and Frahm voted nay. Acting Mayor Frahm moved , Councilmember Hammerel seconded , to table Hork ' s application for a building permit so the Planning Commission may hold a public hearing at the earliest possible meeting (no later than the Februarymeeting) to review a rezoning of that area . Council asked Larry Hork if he wished the Council to act on the building permit application now or if he would want to wait for the public hearing for the rezoning . Larry Hork st�ted if the the Councii was willing to c�nsic3er re��nina that h� w�ul �n' t mind waiting . rR_�- -- T , ., ._ ,,,, REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 12, 1983. PAGE 6 �799 BRUCE CLARK 118H LYMAN AVENUE VARIANCE RESOLUTION �159P1 Bruce and Terry Clark were present . Zoning Administrator Mabusth stated that the Clarks were concerned with the City asking for land for the cul-de- sac at the end of Lyman Road for emergency purposes . Bruce Clark wanted to know how much they would be asse�sed for the construction of the cul-de-sac . Clark stated that there would be a turnaround in their driveway and the neighbor also has one . Zoning Administrator Mabusth stated that those private turnarounds would not be sufficient for emergency purposes . Acting Mayor Frahm moved , Councilmember Hammerel seconded , to approve Resolution #1590 , A Resolution Granting A Variance To Municipal Zoning Code Section 34 . 840 to permit construction of a residence . Motion, Ayes (4) , Nays (f�) . #g�1P1 THOMAS BURNEVIK 3�3H NORTHERN AVENUE VARIAddCE RESOLUTION Thomas Burnevik was not present . City Attorney Malkerson suggested tabling the application so as to not deny their due process . Acting Mayor Frahm moved , Councilmember Adams seconded , to table Burnevik ' s variance application until the applicant can be present. Motion, Ayes (4) , Nays (0) . #802 JOHN MUNSELL 4100 NORTH SHORE DRIVE VARIANCE John Munsell was not present . City Attorney Malkerson suggested tabling the application so as to not deny their due process . Acting Mayor Frahm moved , Councilmember Adams seconded , to table Munsell ' s variance application until the applicant can be present . Motion, Ayes (4) , Nays (0) . FINAL PAYMENT 82-1 SEWER PROJECT City Engineer Cook stated that the project is complete and that he recommended approval of the final payment in the amount of $36 , 094 . �J8 . Acting Mayor Frahm moved , Councilmember Adams seconded , to approve the final payment in the amount of $35 ,(�94.P18 to Nodland . Motion, Ayes (4) , Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 12, 1983. PAGE 7 JOZNT MEETING DATE Acting Mayor Frahm announced the joint Planning Commission and Council meeting to be held at 7 : 3g on December 19 , 1983 . CABLE TV Acting Mayor Frahm announced the Cable TV meeting to be held December 20 , 1983 at 5 : 30 . HENNEPIN COUNTY #15 COMMITTEE MEETING Councilmember Adams announced a meeting to be held on Wednesday, December 15 , 1983 at 3 : 30 p.m. MAPLE PLAIN TREATMENT STATUS Acting Mayor Frahm mo��ed , Councilmember Adams seconded , to approve City Administrator Benson' s letters concerning the Maple Plain Treatment Status . Motion, Ayes (4) , Nays (0) . PROPOSED SITE SOLID WASTE TRANSFER STATION Acting Mayor Frahm moved , Councilmember Adams seconded , to approve the memo from City Administrator Benson regarding the proposed site solid waste � transfer station in Long Lake . Motion, Ayes (4) , Nays (�) - PLANNING COMMISSION & PARK COMIrIISSION APPTS. Acting Mayor Frahm moved , Councilmember Hammerel seconded , to direct staff to write a letter to all Planning Commission and ParkCommission people asking them if they wished to be appointed again and at the next Council meeting for them to decide based on the applicants . Motion, Ayes (4) , Nays (0) . APPOINTMENTS FOR 1984 RESOLUTION Acting Mayor Frahm moved , Councilmember Hammerel seconded , to table the resolution until Council gets a response . Motion, Ayes (4) , Nays (H) . LETTER TO MAYOR ROCKVAM* Councilmember Adamsmoved , Acting Mayor Frahm seconded , to approveCity AdministratorBenson' sletterto Mayor Rockvam concerninq Orono ' s appointed representative to the Hennepin County #15 committee. Motion, Ayes (3) , Nays (0) . LETTER TO TIM ADAl�IS* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve City Administrator Benson' s letter to Tim Adams concerning the County Road #15 meeting . Motion, Ayes (3) , Nays (Q) . LOAN PAYMENT* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve Finance Director Kuehn' s memo dated December l , 19£�3 concerning the Loan Payment . Motion, Ayes (3) , Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, DECF.MBER 12, 1983. PAGE 8 NAVARRE WATER TOWER - LOAN PAYMENT* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve Finance Director Kuehn' s memo dated December l , 1983 , concerning the Navarre Water Tower loan payment . Motion, Ayes ( 3) , Nays (0) . NAVARRE WELL - LOAN PAYMENT* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve Finance Director Kuehn' s memo dated December .l , 1983 , concerning the Navarre Weil Loan Payment . Motion, Ayes (3) , Nays (�J) . DUMP TRUCK - LOAN PAYMENT* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve Finance Director Kuehn' s memo dated December 1 , 1983 concerning the loan payment for the dump truck. Motion, Ayes (3) , Nays (0) . TRACTOR-LOADER-BACKHOE LOAN PAYMENT* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve Finance Director Kuehn' s memo dated November 29 , 1983 concerning the loan payment for a tractor/loader/backhoe . Motion, Ayes (3) , Na ys (0) . ADMINISTRATIVE VEHICLE LOAN PAYMENT* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve Finance Director Kuehn' s memo dated November 29 , 1983 , concerning the loan payment for the administrative vehicle. Motion, Ayes (3) , Nays (A) . TRANSFER OF FUNDS* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve Finance Director Kuehn' s memo dated November 29 , 19£i3 , concerning the transfer of MWCC debt service credits. Motion, Ayes (3) , Nays (�1) - TRANSFER OF FUNDS* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve Finance Director Kuehn' s memo dated November 29 , 1983 concerning the transfer of funds from the general fund to the building capital project fund . Motion, Ayes (3) , Nays (r�) . MAPSI SERVICE CONTRACT FOR 1984* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve Finance Director Kuehn' s memo dated December 5, 1983 concerning the MAPSI service constract for 1984 . Motion, Ayes (3) , Nays (0) . INSURANCE BID A6ilARD Acting Mayor Frahm stated that he wanted to know who won the bid and that this should be on the December 19 , 1983 agenda . REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 12, 1983. PAGE 9 SQUAD CAR PURCHASE* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve City Administrator Benson' smemo dated December 6, 1983 concerning the Hennepin Cuunty Purchase Agreement and bids for squad cars . Motion, Ayes (3) , Nays (�1) . UNCOLLECTABLE NSF CBECKS* RESOLUTION #1591* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve Resolution #1591 , A Resolution Declaring Certain Checks Uncollectable and Removing Them From The Various City Accounts. Motion, Ayes (3) , Nays (O1) . MONTHLY LIQUOR STORE OPERATING REPORT — NOVEMBER 1983* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve Finance Director Kuehn' s memo dated December 5 , 198� , concerning the monthly liquor store operating report for November , 1983 . Motion , Ayes (3) , Nays (�J) . SUMMARY OF RECEIPTS* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve the Summary of Receipts , Disbursements and Bal�nces for the Ten Months Ended October 31 , 1983 . Motion, Ayes (3) , Nays (�) . SUMMARY OF RECEIPTS— OCTOBER 1983* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve the Summary of Receipts , Disbursements and 13alances for the Month of October , 1983. Motion, Ayes (3) , Nays (0) . ENGINEERING RATES FOR 1984* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve the engineering rates for 1984 . Motion, Ayes (3) , Nays (0) . SALARY SCHEDULE FOR 1984 — RESOLUTION �1592* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve Resolution #1592, A Resolution Establishing Salaries For City Employees For 1984 . Motion, Ayes (3) , Nays (0) . AMENDMENTS TO THE 1983 FEE SCHEDULE* RESOLUTION #1593* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve Resolution #1593 , A Resolution Approving A Second Amendment To The 1983 Fee Schedule . Motion, Ayes (3) , Nays (0) . TRANSFER OF FUNDS* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve a transfer of $2�d ,f�00 from the General Fund to the Improvement and Equipment OuL-lay Fund . Motion , Ayes {3) , Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 12, 1983. PAGE 10 TRANSFER OF FUNDS* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve a transfer of $30 , 000 from the liquor operating fund . Motion , Ayes (3) , Nays (�) . LMCD RESOLUTION ACCEPTING TASK FORCE REPORT* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve the LMCD' s Resolution #43 accepting the Task Force Report . Motion, Ayes ( 3) , Nays (0) . EMPLOYMENT OF JENNIFER PORTZ* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve the employment of Jennifer Portz at a salary of $3 . 75 per hour effective December 21 , 1983. Motion, Ayes (3) , Nays (4J) . EMERGENCY STANDBY GENERATOR SPECS* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve the emergency standby generator specifications . Motion, Ayes (3) , Nays (0) . OFFICER FRIENDLY PROGRAM FALL OF 1983* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve Officer Steven Pearson' s memo dated November 27 , 1983 concerning the officer friendly program. Motion, Ayes (3) , Nays (9) . LETTERS CONCERNING HENNEPIN CO[T�iTY RD #15 MEETIAIG* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve City Administrator Benson' s letters to Spring Park Mayor Rockvam, Councilmember Adams , and Mound Mayor Polston, concerning the Hennepin County Road #15 meeting to be hel.d December 15, 1983. Motion, Ayes (3) , Nays (0) . LETTER TO ROGER LEMIEUX CRYSTAL BAY POST OFFICE RENTAL* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve City Administrator Benson' s letter datedNovember 25, 1983 , concerning theCrystal Bay Post Office Rental . Motion, Ayes (3) , Nays (0) . LETTER TO ROGER LEMIEUX CRYSTAL BAY POST OFFICE* Councilmember Adamsmoved , Acting Mayor Frahm seconded , to approve City Administrator Benson' s letter dated November 28 , 1983 , concerning the Crystal Bay Post Office. Motion, Ayes (3) , Nays (0) . LETTER TO CITY ATTORNEY MALRERSON — INFORMATION FOR AUDITOR* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve City Administrator Benson' s letter dated November 25 , 1983 , to City Attorney Malkerson concerning information for the auditors . Motion, Ayes ( 3) , Nays (G1) . �REGui.AR MEETING OF THE ORONO COUNCZL, DECEMBER 12, 19$3. PAGE 11 LETTER TO ROGER LEMIEUX CRYSTAL BAY POST OFFICE* Councilmember Adamsmoved , Acting Mayor Frahm seconded , to approve City Administrator Benson' s letter dated December 5 , 1983 , concerning the Crystal Bay Post Office rental . Motion, Ayes (3) , Nays (�) . LETTER TO ROGER JENSEN PAYMENT TO CODIFIERS* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve City Administrator Benson' s letter dated December 8 , 1983 , concerning payment to the codifiers . Motion, Ayes (3) , Nays (0) . CITY AUDITOR' S RECOMMENDATIONS* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve City Administrator Benson' smemo dated December 8 , 1983 , concerning the City Auditor ' s recommendations . Motion, Ayes (3) , Nays (�) . NAVARRE PARKING LOT RESOLUTION #1594 Stephen and Suzanne Schmidt were present . Zoning Administrator Mabusth noted that the Doughterys had signed off on the resolution. Councilmember Hammerel moved , Councilmember Adams seconded , to approve Resolution #1594 , A Resolution Granting Variances To Municipal Zoning Code Sections 35. 041 , 35. 042 , 35. c�46 and 3�3 . 311/38 . 315. Motion , Ayes (4) , Nays (0) . EXECUTION OF HIGHWAY EASEMENT AGREEMENT — DRAGONFLY HILL Acting Mayor Frahm moved , Councilmember Adams seconded , toapprovetheexecutionofhighwayeasement agreement of Dragonfly Hill . Motion, P.yes (4) , Nays (�) - LICENSES* Councilmember Adams moved , Acting Mayor Frahm seconded , to approve a septic license for Quickway � Excavating Company. Motion, Ayes (3) , Nays (0) . BILLS* Councilmember Adams moved , Acting Mayor Frahm seconded , that the Al1 Funds Accounts and the Liquor Store Accounts be paid . Motion, Ayes (3) , Nays (0) . ADJOURNMENT Acting Mayor Frahm moved , Councilmember Grabek seconded , to adjourn and go into executive session at 9 : 1a. Motion, Ayes (4) , Nays (DJ) . .__.- ,-- Tom rahm; Acting Mayor ��M�� ATTEST: L-z�.��-e'l.�_�s�.��_�"/�C_1.�a��L!. ._ Alberta M. Strom, City Clerk � ��