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Home My WebLink About01-09-1984 Council Minutes CITY OF ORONO REGUI.AR MEETING OF THE ORONO COUNCIL, JANUARY 9 , 1984 . PAGE 1 ATTENDANCE 7 : 00 p.m. The Orono Council met on the above date. The following members were present : b7ayor Butler, Councilmembers Adams, Frahm, Grabek and F�ammerel. City Attorney Tom Radio, Public Works Coordinator Gerhardson, Zoning Administrator Mabusth, Police Chief Kilbo and Recorder Sutton represented the City staff . Planning Commission Representative Goetten was also present . POLICE OFFICERS AND RESERVES INTRODUCTION Police Chief Kilbo reviewed with the Council the purpose of the reserve officer sy"stem. The following reserve officers were present : P�ark Byington , Jeff Byington, Ted Westerdahl , Pete Palmer , Randy O' Brien, Mike Carlson and Peter Achey. Mayor Butler presented a certificate of appreciation to Peter Achey for a job well done. Police Chief Kilbo also noted the regular officers that were in attendance : Sergeant Cheswick, Bruce Anderson, Marc Fritzler , Kurt Erickson, I�Iike Kirnyczuk, Brad Johnson, and Steve Pearson. Kilbo noted that the Orono police officers do their own detective work and have been very successful in 62 different cases . CONSENT AGENDA* Mayor Butler moved, Councilmember Adams seconded, to remove items 31 and 32 from the Consent Agenda* . Nlotion, Ayes ( 5 ) , Nays ( 0 ) . Mayor Butler moved, Councilmember Adams seconded , to approvethe Consent Aqenda* subject to removing items 31 and 32 , with all staff reports concerning items reviewea at this meeting to be attached to the original copy of these minutes on file in the City Clerk' s office. Motion, Ayes ( 5 ) , Nays ( 0 ) . APPROVAL OF MINUTES* biayor Butler moved , Councilmember Adams seconded, to approve the minutes of December 12 , 1983 . Motion, Ayes ( 5 ) , Nays ( 0 ) . APPROVAL OF MINUTES* D�ayor Butler moved, Councilmember Adams seconded , to approve the joint Council and Planning Commission minutesof December 19 , 1983 . Motion, Ayes ( 5 ) , Nays ( 0 ) . PARK COMNfISSION COMMENTS There were no Park Commission comments . REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 9, 1984 . PAGE 2 LAKE MINNETONKA CONSERVATION DIST. There were no Lake Minnetonka Conservation Distr_ict comments . MayorButlernoted thel984schedule of the LMCD and that they are still meeting in restaurants . PLANNING COMMISSION COMMENTS Planninq Commission Representative Goetten had no comments . PUBLIC COMMENTS The public present had no comments . #761 DOUGLAS SMITH 3237 CASCO CIRCLE VARIANCE RESOLUTION Douglas Smith was not present. Councilmember Hammerel moved, Councilmember Adams seconded, to tablethe DouglasSmith application until the applicant can be present. Alotion, Ayes ( 5 ) , Nays ( 0 ) . #802 JOHN MUNSELL 4100 NORTH SHORE DRZVE VARIANCE RESOLUTION #1596 John Munsell was present . P�ayor Butler moved, Councilmember Grabek seconded, to approve Resolution #1596 , A Resolution Granting Variancesto Municipal Zoninq Code Sections 34 . 452 to permit the construction of a new residence . Motion, Ayes ( 5 ) , P1ays ( 0 ) . #798 NORTH SHORE DRIVE MA.RI NA 3222 NORTH SHORE DRIVE CONCEPTUAL REVIEW OF PROPOSED REZONING Larry Hork and Bruce Douglas , Hork ' s attorney, were present. Zoning Administrator Mabusth stated that she had brought the application back to Council for more Council direction. Councilmember Frahm stated that he didn ' t want to see any more dockage and that he wanted to see more restrictions on the on-land boat storage. Frahm stated that naturalbufferingsshould bea requirement on both the lakeshore and street side and that hardcover should be controlled. Frahm stated that the B-2 zone may not have all those requirements or controls . Councilmember Frahm stated that if the City just rezones Fiork' s property that the City would get pressure from Chaska Marina to rezone their property too. REGOLAR MEETING OF THE ORONO COUNCIL, JANUARY 9 , 1984. PAGE 3 #798 NORTH SHORE DRIVE Larry Hork stated that the City is operating under a MARINA court order which directed the City to rezone his property to commercial and allowed full commercial use with no restrictions as to partial commercial use. Councilmember Grabek stated that the Council should consider rezoning with the stated restrictions . Bruce Douglas , Larry Hork' s attorney, stated that the Council should deal with the immediate problem of getting the building approved. Douglas stated that Hork needs that building now to meet his customers demands. Douglas stated that the Councilcould grant the building permit and simultaneously rezone Hork' s property. Mayor Butler moved, Councilmember Adams seconded , to direct staff to research the possibility of amending the conditional use permit to accommodate the expansion and for staff to address the feasibility of rezoning of Hork' s property and/or the adjoininq property to the west. Councilmember Frahm stated that the Council was advised by the City Attorney at the previous meeting that a conditional use permit cannot be legally be issued for expansion of a non-conforming use. The City could not grant the building permit which is what Mr. Hork wants . Councilmember Adams stated that staff should review the site plan to see if it_ conforms and that the zoning in question is being addressed with other properties . Mayor Butler withdrew motion. Councilmember Grabek moved, Mayor Butler seconded, to direct staff and City Attorney to find a solution to rezone Hork ' s property to its rightfully commercial B- 2 zoning and directs staff to facilitate a document that the Council can act on for the building permit. Councilmember Adams asked if Grabek was only considering B-2 or for staff to investigate some other type of zoning district . Councilmember Grabek stated that this property should be zoned just like all the other marinas and that if the City wants to have a more strict zoning district for Hork' s property that the City should consider that same strict zoning for all the other marinas so as not to be descriminating against Mr. Hork. Councilmember Grabek clarified hi_s motion stated that r�e directed staff and the attorney on how the Council can go about the rezoning to B-2 and how the Council can grant approval for the building permit in the form of a document so that the Council can take action. REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 9 , 1984. PAGE q #798 NORTH SHORE DRIVE rqotion, Ayes ( 5 ) , Na s ( 0 ) . MARINA y Bruce Douglas noted that in the meantime he would convey to City Attorney Malkerson a proposed stipulation for settlement of the litigation. Douglas noted that the Council may want to review that stipulation at their next meeting. APPROVAL OF PROPOSED AMENDMENT TO SECTION OF ZONING CODE DEALING WITH COMMON OWNERSHIP Councilmember Frahm moved, D7ayor Butler seconded, to approve Option B in Zoning Administrator Mabusth ' s memo dated December 29 , 1983 which amends the zonirig code dealing with common ownership. Motion, Ayes ( S ) , Nays ( 0 ) . REV7�EW OF PROPOSED LIBRl1RY SITE Councilmember Adams stated that he felt that it was an excellent site for the new library but asked that the City be cautious that this isn ' t a way for a commercial area to be started and asked if it would be a contractural use. Zoning Administrator Niabusth stated it would be a contractural rezoning based on final subdivision approval and a conditional use permit approval for Hennepin County. Councilmember Frahm asked if the property has to be rezoned. Frahm suggested just amending the conditonal use section of the zoning code to include libraries . Zoning Administrator Mabusth stated that she would inform the Planning Commission of this suggestion. FUNDING - STUBBS BAY/ CRYSTAL BAY AREAS Mayor Butler moved, Councilmember Frahm seconded, to table this item until the City Engineer can be present. Motion, Ayes ( 5 ) , Nays ( 0 ) . CRYSTAL BAY & STUBBS BAY SEWER FEASIBILITY REPORT Mayor Butler moved, Councilmember Frahm seconded , to table discussion of thisfeasibility report until the City Engineer can be present. P�otion, Ayes ( 5 ) , Nays (0 ) . CABLE TV AWARD Mayor Butler announced the franchise award to Dow-Sat for Cable TV in Orono. REPRESENTATIVE ADAMS COUNTY RUAD #15 Councilmember Adams asked for Council ' s input on det.ermining where right and left turn lanes should be placed on County Road 15 . REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 9, 1984. PAGE 5 Mayor Butler suggested that left and right turn lanes should be designated at Casco Point Road. Councilmember Adams asked if any other Councilmembers had suggestions to submit them to him. COUNTY ROAD #15 MEETING Councilmember ndams announced the County Road #15 meeting to be held January 26 , 1984 at 7 : 00 p.m. TIMOTHY ADAMS - HENNPEN COUNTY RD #15* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson ' s memo dated January 3 , 1984 concerning the Hennepin County #15 . Motion, Ayes (5 ) , Nays ( 0 ) . � LETTERS TO MAYORS POLSTUN & ROCRVAiri* Mayor Butler moved, Councilmember Adams seconded , to approve City Administrator Benson' s letters dated December 28 , 1983 , Mayors Polston and Rockvam concerning thethe Hennepin County Road #15 . Motion, Ayes (5 ) , Nays ( G ) . APPOINTMENTS FOR 1984 Mayor Butler moved, Councilmember Frahm seconded, to nominate J. Diann Goetten to be the Planning Commission Chairman for 1984 in order to keep the tradition of rotating the chairmanship. rlotion, Ayes (5 ) , Nays ( 0 ) . Councilmember Hammerel moved, Councilmember Frahm seconded, to nominate Ed Callahan as Vice-Chairman of the Planning Commission for. 1984 . Motion, Ayes ( 5 ) , Nays ( 0 ) . Mayor Butler moved, Councilmember Frahm seconded , to reappoint George Rovegno and Gloria McDonald to the Planning Commission for 1984 . Motion, Ayes ( 5 ) , Nays (0 ) . Mayor Butler moved, Councilmember Frahm seconded, to reappoint Mary Stinson, Barbara Petersen, and Lee Erger to the Park Commission for 1984 . Motion, Ayes (5 ) , Nays ( 0 ) . Mayor Butler moved , Councilmember Hammerel seconded, to reappoint Councilmember Frahm as the Acting Mayor for 1984 . Motion, Ayes (5 ) , Nays ( 0 ) . Mayor Butler moved, Councilmember Adams seconded, to reappoint Councilmember Grabek and Councilmember Frahm to the Marina License Inspection Committee. Motion, Ayes ( 5 ) , Nays ( 0 ) . REGULAR MEETING OF THE URONO COUNCIL, JANUARY 9 , 1984. PAGE 6 RESOLUTION �1597 1984 APPOINTMENTS Mayor Butler moved, Councilmember Frahm seconded , to approve Resolution #1597 , A Resolution Designating Appointments for 1984 . Motion, Ayes ( 5 ) , Nays ( 0 ) . Mayor Butler asked that City Administrator Benson prepare a memo concerning a rotation policy and limiting the number of years or terms that any one person can hold a position on the commissions . EQUIPMENT PURCHASE - CRYSTAL BAY PLAYGROUND* Mayor Butler moved, Councilmember Adams seconded, to approve the equipment purchase bid to Earl Anderson for an amount not to exceed $4 , 630 . 90 . Motion, Ayes (S ) , Nays ( 0 ) . MAPLE PLAIN WASTEWATER TREATMENT PLANT* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson ' s memo concerning the M,aple Plain Wastewater Treatment Plan. Motion, Ayes ( 5 ) , Nays ( 0 ) . CRYSTAL BAY POST OFFICE LEASE* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson ' s memo dated January 6 , 1984 concerning the three-year lease with the postal department. Motion, Ayes ( 5 ) , Nays ( 0 ) . UTILITY DEPARTMENT 1984 VEHICLE PURCHASE* Mayor Butler moved, Councilmember Adams seconded, to approve Public Works Coordinator Gerhardson' s memo dated December 28 , 1983 concerning an equipment purchase for the Utility Department of a 3/4 ton four wheel drive pickup truck for an amount not to exceed $10 , 949 . 65 . Motion, Ayes ( 5 ) , Nays ( 0 ) . SPECS - EQUIPMENT � MATERIALS FOR 1984* Mayor Butler moved, Councilmember Adams seconded, to approve Street Foreman Brinkhaus ' memo dated January 3 , 1984 , concerning the specifications of equipment and materials for 1984 . Motion, Ayes ( 5 ) , Nays ( 0 ) . STREET & PARK DEPT 1984 VEHICLE PURCHASE* Mayor Butler moved, Councilmember Adams seconded, to approve Public Works Coordinator Gerhardson ' s memo dated December 28 , 1983 concerning an equipment purchase for the streets and parks department of a 1984 GMC one-tone four wheel drive dump truck for an amount not to exceed $12 , 526 . 42 . Motion, Ayes ( 5 ) , Nays ( 0 ) . POLICE CHIEF 1984 SALARY ADJUSTMENT* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson ' s memo dated January 6 , ]_984 concerning a salary adjustment from $34 , 364 . 85 to $36 , 770 . 39 or a 7� salary increase eff_ective January l , 1984 . Nioti.on, Ayes ( 5 ) , Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 9, 1984 . PAGE 7 1984 FIRE CONTRACT WITH WAYZATA FIRE DEPT* Mayor Butler moved , Councilmember Adams seconded, to approve Finance Director Kuehn ' smemo dated January4 , 1984 , concerning the 1984 Wayzata Fire Contract to be $14 , 873 . Motion, Ayes ( 5 ) , Nays ( 0 ) . HANDICAPPED STATUS- STATEMENT OF POLICY* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson ' s memo dated January 4 , 1984 , concerning a statement of policy concerning the handicapped status . Motion, Ayes ( 5 ) , Nays ( 0 ) . 1984 BOARD OF REVIEW DATE* Mayor Butler moved, Councilmember Adams seconded, to recognize the local board of review date to be held May 30 , 1984 at 7 : �0 p.m. Motion, Ayes ( 5 ) , Nays ( 0 ) . NOVEMBER 1983 MONTHLY & YEAR-TO-DATE SUMMARIES OF RECEIPTS, DISBURSEMENTS AND BALANCES* Mayor Butler moved, Councilmember Adams seconded, to approve Finance Director Kuehn ' smemo dated January6 , 1984 concerning the November, 1983 Monthly and Year- To-Date Summaries of Receipts , Disbursements and Balances . Motion, Ayes ( 5 ) , Nays ( 0 ) . LONG LAKE SEWER AGREEMENT Councilmember Adams askedfor more information on the status of the Long Lake Sewer Agreement and the Rebers property. PLANNING COMMISSION APPOINTMENTS - ROVEGNO Councilmember Adams stated that his questions had already been answered concerning the Planning Commission appointments . SALARY RECOMMENDATIONS FOR PART-TIME CLERKS - LORRAINE MCGOWAN* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson' s letter dated December 14 , 1983 to Lorrain McGowan concerning salaries for part-time clerks. Motion, Ayes ( S ) , Nays (0 ) . LETTER TO TOM JACOBS- SALARY REVIEW* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson ' s letter dated December 14 , 1983 to Tom Jacobs concerning his salary review. Motion, Ayes ( 5 ) , Nays ( 0 ) . LETTER TO JEANNE MABiJSTH - SALARY REVIEW* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson ' s letter dated December 14 , 1983 to Jeanne Nabusth concerning her salary review. Motion, Ayes ( 5 ) , Nays ( 0 ) . REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 9, 1984. PAGE 8 LETTER TO MEL KILBO- SALARY REVIEW* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson ' s letter dated December 14 , 1983 to Mel Kilbo concerning his salary review. Motion, Ayes ( 5 ) , Nays ( 0 ) . LETTER TO DOROTHY McCLUNG* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson' s letter dated December 10 , 1983 concerning the current status of the New Thought Center (Church of Religious Science ) . Motion, Ayes ( 5 ) , Nays ( 0 ) . COMMON OWNERSHIP* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson' s memo dated December 20 , 1983 , to the Building and Zoning Department concerning the common, single separate ownership study. Motion, Ayes ( 5 ) , Nays ( 0 ) . COMPLIANCE WITH OFFICE REVENUE SFIARING FINAL HANDICAPPED RIJLINGS* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson ' s memo dated December 15 , 1983 concerning the compliance with Office of Revenue Sharing Final Handicapped Rulings . Motion, Ayes (5 ) , Nays ( 0 ) . SNOW BIRDS* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson ' s memo dated December 15 , 1983 concerning snow birds . Motion, Ayes (5 ) , Nays ( 0 ) . ANNUAL BUILDING & ZONING REPORT* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson ' s memo dated December 15 , 1983 , concerning the annual building and zoning report. Motion, Ayes ( 5 ) , Nays ( 0 ) . 1983 OBJECTIVES � GOALS* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson ' s letter mailed to all Councilmembers concerning the1983 objectives and goals . Motion, Ayes ( 5 ) , Nays ( 0 ) . LETTER TO DUANE ANDERSON PCA* Mayor Butler moved, Councilmember Adams seconded, to approve City Administrator Benson' s letter dated December 29 , 1983 , to Duane Anderson concerning federal funding. blotion, Ayes ( 5 ) , Nays ( 0 ) . MARINA LETTERS* Mayor Butler moved, Councilmember Adams seconded , to approve City Administrator Benson ' s letters dated January 5 , 1984 , to all marinas concerning the sewer service charge. Motion, Ayes ( 5 ) , Nays ( 0 ) . REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 9, 1984. PAGE 9 PAUL SMITH MATTER City Attorney Radio gave a status report on the Paul Smith sewer matter. BILLS* Mayor Butler moved, Councilmember Adams seconded, that the All Funds Accounts and the Liquor Store Accounts be paid. Motion, Ayes ( 5 ) , Nays ( 0 ) . STAFF TO REVIEW Councilmember Grabek askedthat the Building andZoning staff check into the Tonka Transmissions sign to see that it meetsallrequirements. Grabek also askedfor an update on the Keaveny tanks for the next Council meeting. ADJOUNRMENT 9 :10 p.m. Mayor Butler moved, Councilmember Hammerel seconded, to adjourn at 9 : 10 p.m. Niotion, Ayes ( 5 ) , Nays ( 0 ) . ATTEST: .� � � I (��',�C..GL�9!i�� /�� _�t 2�y-L-/ � �J �,'� Alberta M. Strom, City Clerk r�iary C. Bt�t er, Mayor