HomeMy WebLinkAbout06-25-1984 Council Minutes REGULAR MEETING OF THE ORONO COUNCIL HELD JUNE 25, 1984. PAGE 1
ATTENDANCE 7 :00 P.M. The Qrono Council met on the above date with the
follo�ing members present: Mayor Butler, Council-
members Adams, Frahm, and Hammerel. Councilmember
Grabek was absent. City Administrator Benson,
Zoning Administrator Mabusth, Assistant Zoning
Administrator Gaffron, City Attorney Malkerson, and
City Recorder Sutton represented the City Staff.
CONSENT AGENDA* Councilmember Adams moved, Mayor Butler seconded, to
approve the Consent Agenda* , subject to removing item
#7 fmr 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 (4 ) , Nays ( 0 ) .
APPROVAL OF MINUTES* Councilmember Adams moved, Mayor Butler seconded, to
approve the Councilminutesof Junell, 1984 . Motion,
Ayes (4 ) , Nays ( 0 ) .
LARE MINNETONRA CONSERVATION
DISTRICT REPORT Jo Ellen Hurr was present. Hurr asked the Council to
consider Big Island Veteran' s Camp and the liability
that the City could be held for since most of the
buildings do not meeting State Building Code. Hurr
noted that the boat tour for the Council is August 4 ,
1984.
Councilmember Frahm moved, Mayor Butler seconded, to
direct staff to inspect Big Island Veteran' s Camp and
start tagging for code violations and if needed to
start hazardous building condemnation procedures by
the July 23, 1984 Council meeting and for staff to
investigate into the State of Minnesota and Hennepin
County Park Reserve District' s ability to purchase
property on Big Island. Motion, Ayes ( 4 ) , Nays ( 0 ) .
PLANNING COMMISSION
COMMENTS Planning Commission member Bill Sime had no comments.
PUBLIC COMMENTS Lorraine Moss of 3335 Crystal Bay Road asked the
Council if the City intended to close her road.
Mayor Butler stated that the City hasn' t even
discussed the closing of Crystal Bay Road.
#834 BRIAN FULMER
3505 WAYZATA BLVD
CONDITIONAL DSE PERMIT Mr. and Mrs. Brian Fulmer were present. Assistant
Zoning Administrator Gaffron stated that staff
interprets this application as an expansion of a non-
conforming use, which the code does not allow.
Gaffron stated that the Council' s options are either
to deny the application, have applicant reduce his
proposal, or amend the zoning code to allow commercial
kennels under a conditional use.
' REGULAR MEETING OF THE ORONO COiINCIL HELD JUNE 25, 1984. PAGE 2
#834 BRIAN FULMER Councilmember Frahm asked the size of the property.
Brian Fulmer stated that he has 10 acres. Fulmer
noted that the existing building would be torn down and
mature trees would screen the new building. Fulmer '
stressed that the 60 dog limit number was just a number
picked out at the time of the review. Fulmer stated
that he is actually reducing the square footage on the
property because he would be removing the existing
building along with the concrete slab.
Assistant Zoning Administrator Gaffron stated that
half of the property is wetlands , so the Fulmers
actually have approximately 5 acres dry buildable.
Councilmember Adams asked how the applicant intended
to dispose of the waste.
Brian Fulmer stated that the waste would go in the
garbage, the same as he is doing now.
Councilmember Frahm stated that this is actually a
commercial entity in a rural residential zoning
district.
City Attorney Malkersonstated that thisisconsidered
a non-conforming use, which the zoning code
specifically addresses. Malkerson stated that the
intent of the non-conforming uses is not to expand them
but to eventually phase-out the non-conforming use.
Malkerson stated that the intent of a non-conforming
use is not to allow a building to be torn down and
replaced or repaired in such a way so that it adds brand
new value to the building so it will last longer.
Malkerson stated that the intent is to phase-out non-
conforming uses and to eliminate them all together.
Malkerson stated that there are some exceptions that
are setforth in the code such as if a certain
percentageis destroyed then a certain percentage can
be rebuilt. Malkerson stated that if the part that is
destroyed is over a certain percentage then you don' t
even rebuild it. Malkerson stated that there are
other provisions about not extending the bulk
(outside ) of the non-conforming use. Malkerson
stated thatlegally thiswould be considered expansion
of a non-conforming use and is not allowed under the
zoning code. Malkerson stated that the Council could
amend the code to aTlow commercial kennels under a
conditional use or rezone the property.
Councilmember Hammerel stated that he felt that this
type of service is needed for the citizens of Orono.
Hammerel stated that they should amend the code to
allow this use under a conditional use.
REGULAR MEETING OF THE ORONO CO�NCIL HELD JUNE 25, 1984. PAGE 3
#834 BRIAN FULMER Mayor Butler stated that amending the code opens the
door for everyone else to come in with applications for
commercial kennels. Butler stated that this
property is unique because it has the railroad as a
buffer from the rest of the neighborhood.
City Attorney Malkerson stated that the City could
amend the code to allow this use under a conditional
use and adopt performance standards .
Councilmember Adams stated that he would feel nervous
about amending the code and opening the door for others
to have commercial kennels in residential zones .
Adams felt that something should be done specific to
this location.
Mayor Butler stated that strict performance standards
could be set. Butler noted that some performance
standards could be that commercial kennels only be
allowe�d along major thoroughfares, have at least 10
acres, and have a certain amount of square footage.
Councilmember Adams stated that the City should
interpret this as not expansion rather than amend the
code. Adams asked if the expansion on the parking was
necessary.
Brian Fulmer stated that they have set their hours so
that people can only pick up their dogs at certain
hours. Fulmer stated that on peak times that
appointments are set up with the customers in order to
stagger the traffic.
Councilmember Frahm asked if the number of employees
would be increased.
Brian Fulmer stated probably not.
Councilmember Hammerel asked about signage.
Brian Fulmer stated that they want a small sign but
that they weren't asking for an illuminated sign.
Assistant Zoning Administrator Gaffron stated that
the Fulmers are also asking for a caretaker apartment
to be above the kennel for security reasons .
Councilmember Frahm stated that he has a problem with
adding an additional living unit to that property.
Brian Fulmer stated that the apartment is needed for
security purposes. Fulmer stated that with the
design of this new building that they would not be able
to watch the kennels as closely as needed. Fulmer
stated that with the live-in employee the security
would be better. Fulmer stated that they would not
rent out the apartment but would just be a perquisite
to the employee.
� REGUI,AR MEETING OF THE ORONO COUNCIL HELD JUNE 25, 1984. PAGE 4
#834 BRIAN FULMER Councilmember Frahm stated that he is not comfortable
with rezoning or amending the code to allow it under a
conditional use. Frahm asked what would happen to
this big buildingif ownership changed. Frahm stated
that the apartment could then be rented out if
ownership did ever change.
Mayor Butler moved, Councilmember Hammerel seconded,
to direct staff to research the options recognizing
that Council would like to act affirmatively on this
application and bring back a course of action that will
not include amending the code to allow this use under a
conditional use or rezoning. Motion, Ayes (4 ) , Nays
(0 ) .
Brian Fulmer stated that they did not want to miss the
building season.
CHASRA MARINA
RESOLUTION Steve Pauley and Jim Dunn were present. Duane and
Sandy Ramberg, Ronald and Marcia Schoeneman, and
Phyllis Sprague of 3342 North Shore Drive were present
from the audience.
Assistant Zoning Administrator Gaffron distributed a
letter from the Schoenemans requesting a fence.
Gaf f ron noted that the plan that Chaska has submitted
to the City is different than the plan approved by the
LMCD. Gaffron stated that the plan the City is asked
to approve seems to be the best plan for the marina and
the neighbors involved.
Steve Pauley stated that the marina has cut back in
slips and lineal footage. Pauley stated that with
this plan there is easier accessibility to the
property.
Sandy Ramberg stated that the service traffic to this
marina is bad and that customers turnaround in front of
their dock. Ramberg stated that there is also a
problem with trespassing onto her property. Ramberg
stated that the employees and customers of the Chaska
Marina use her property as a short cut. Ramberg asked
Council to approve a variance for the construction of a
6 ' high privacy fence so that she doesn' t have to look
at boats and to prevent any further trespassing.
Ramberg stated that some customers also let their
engines run and idle which is annoying.
Mayor Butler asked Chaska Marina if they would speak to
their customersabout the turnaround problem and noise
problem.
Councilmember Frahm moved, Mayor Butler seconded, to
approve the 1984 commercial marina license as is.
Motion was withdrawn after more discussion.
REGULAR MEETING OF THE ORONO COIJt7CIL HELD JUNE 25, 1984. PAGE 5
CHASRA MARINA Councilmember Frahm stated that Chaska Marina has to
come up with the maximum number of boats to be kept on
the pro�erty at any one time before the City can grant
the license.
Jim Dun� stated that it is hard to pick a number since
their storage and repair of boats varies from day to
day. Dunn stated as far as the trespassing goes that
he would enforce that with his employees if it is an
issue.
Sandy Ramberg stated that she would rather see a fence
because employeesand customersdon' t pay attention to
warnings or signs. Ramberg stated that a 6 ' privacy
fence wfluld work.
Councilmember Frahm suggested rather than counting
boats that the City come up with some type of building
envelope or boat envelope per square foot rather than a
number.
Jim Dunn stated that the LMCD throws out the square
footage method. Dunn stated that the service
business is unpredictable and that is why it is hard to
come up with a fixed number. Dunn stated that since
Chaska has acquired the extra two lots that the use of
those lots may change in the future. Dunn stated that
they may need a building to meet the demands of
service.
City Attorney Malkerson asked if the two new parcels of
land were addressed by the Marina Committee.
Councilmember Frahm stated no.
Mayor Butler stated that the two new parcels of land
should be addressed separately. Butler stated that a
survey would be needed for the review of those parcels
of land. Butler stated that the land use and water use
of these two pieces of land should be addressed for
this year. Butler stated that if a fence was
constructed it would be within the 75 ' lakeshore
setback zone.
Jim Dunn stated that there is an existing fence there
now. Dunn asked who will tear that down and who should
pay for the construction of the new f ence.
City Attorney Malkerson stated that a variance
application should be processed for the fence.
Mayor Batler moved, Councilmember Hammerel seconded,
to conceptually approve the 1984 marina license
subject to the resolution of the fence issue. Motion,
Ayes (4) , Nays (0 ) .
�tEGULAR MEETING OF THE ORONO COUNCIL HELD JUNE 25, 1984. PAGE 6
CHASRA MARINA Councilmember Frahm stated that the applicant should
get an application for the other two parcels of land
and the fence.
MEETING WITH GARDEBRING
MET COUNCIL Mayor Butler stated that the meeting with Sandra
Gardebring has been changed to July.
APPOINT REPRESENTATIVE
TO GOVERNING BOARD
WESTONKA SENIOR CITIZENS Mayor Butler moved, Councilmember Hammerelseconded, to
appoint Councilmember Frahm to the Westonka Senior
Citizens, Inc. Motion, Ayes (4 ) , Nays (0 ) .
ORDINANCE NO. 4, SECOND
SERIES PEDESTRIAN
CROSSWALR Councilmember Adamsaskedif thisordinance applied to
all of Orono or just this one specific area. Adams
suggested that wording be added to the ordinance to
designate which area in Orono this ordinance applies
to.
Mayor Butler moved, Councilmember Frahm moved, to
approve Ordinance No. 4 , Second Series, An Ordinance
Regulating the Use of Crosswalks in Navarre on County
Road 15. Motion, Ayes ( 4 ) , Nays ( 0 ) .
BUILDING � ZONING
ACTIVITIES* Councilmember Adams moved, Mayor Butler seconded, to
approve City Administrator Benson' s memo dated June
15 , 1984 concerning the Building & Zoning Activities.
Motion, Ayes ( 4 ) , Nays ( 0 ) .
SEALCOAT PROGRAM* Councilmember Adams moved, Mayor Butler seconded, to
approve City Administrator Benson' s memo dated June
15 , 1984, concerning the sealcoating project. Motion,
Ayes (4 ) , Nays ( 0 ) .
SALARY ADJUSTMENT
BARBARA PROVO* Councilmember Adams moved, Mayor Butler seconded, to
approve a salary adjustment for Barb Provo from $3 . 75
per hour to $4 . 25 per hour effective July 2 , 1984 .
Motion, Ayes ( 4 ) , Nays ( 0 ) .
SALARY ADJUSTMENT -
BUILDING & ZONING
ADMINISTRATOR* Councilmember Adams moved, Mayor Butler seconded, to
approve a salary adjustment for Jeanne A. Mabusth to
$30 ,540.59 per year effective July 1 , 1984 . Motion,
Ayes (4 ) , Nays ( 0 ) .
REPORT OF STATE ADDITOR* Councilmember Adams moved, Mayor Butler seconded, to
approve the report by the State Auditor. Motion, Ayes
(4 ) , Nays (0 ) .
. ,
REGULAR MEETING OF THE ORONO COUNCIL HELD JUNE 25, 1984. PAGE 7
MAPLE P7�AIN WASTEWATER
TREATMENT PLANT -
PERMIT �TATUS* Councilmember Adams moved, Mayor Butler seconded, to
approve the correspondence relating to the permit
status of the Maple Plain Wastewater Treatment Plant.
Motion, Ayes (4 ) , Nays (0 ) .
LETTER TO DON MONR* Councilmember Adams moved, Mayor Butler seconded, to
approve City Administrator Benson' sletter dated June
22, 1984 to Don Monk concerning the assessing services
of Hennepin County. Motion, Ayes (4 ) , Nays ( 0 ) .
LETTER TO ROY THOMPSON* Councilmember Adams moved, Mayor Butler seconded, to
approve City Administrator Benson' s letter to Roy
Thompson dated June 12 , 1984 concerning additional
water meters. Motion, Ayes (4 ) , Nays ( 0 ) .
LETTER TO BILL SIME* Councilmember Adams moved, Mayor Butler seconded, to
approve City Administrator Benson' s letter to Bill
Sime dated June 20 , 1984 , concerning Hennepin County
Park Reserve District ' s capital improvement program
for Noerenberg Park. Motion, Ayes (4 ) , Nays ( 0 ) .
LETTER TO WESTONRA
COMMUNITY SERVICES* Councilmember Adams moved, Mayor Butler seconded, to
approve City Administrator Benson' s letter to Don
Ulrick, Doc Meier, Ben Wishart of Westonka Community
Services concerningfunding. Motion, Ayes ( 4 ) , Nays
(0 ) .
LICENSES* Councilmember Adams moved, Mayor Butler seconded, to
approve the following licenses :
Lakeview Golf Course - On-Sale 3 . 2 beer license
Little Oak Market - Off-Sale 3 . 2 beer license
Mexican Inn - On-Sale 3 . 2 beer license
Navarre Bowling Lanes - On & Off-Sale 3 . 2 beer license
and Setup license
Saga Hill Grocery - Off-Sale 3 .2 beer license
Spring Hill Center - Setup license
Tyra' s Super Valu - Off-Sale 3 . 2 beer license
Motion, Ayes ( 4 ) , Nays (0 ) .
BILLS* Councilmember Adams moved, Mayor Butler seconded,
that the All Funds Accounts and Liquor Store Accounts
be paid. Motion, Ayes (4 ) , Nays (0 ) .
ADJOIIRNMENT 10:17 P.M. Councilmember Frahm moved, Mayor Butler seconded, to
adjourn the meeting at 10 :17 p.m. Motion, Ayes ( 4 ) ,
Nays (0) .
ATTEST:
�'%���%�%'�,E��//'�• .�G�i��-�--% � �
Alberta M. Strom, City Clerk Mary C. But�l`eJ, Mayor
`�CJ 1�.� 1 l'.-L��
����°�'���'���_ ���,;�����_��
J U�� 2 5 1984
PUBLIC ATTENDANCE
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