HomeMy WebLinkAbout07-09-1984 Council Minutes MINUTES OF THE REGULAR COUNCIL MEETING HELD JULY 9, 1984. PAGE 1
ATTENDANCE 7:00 P.M_ The Council met on the above date with the following
members present: Mayor Butler, Councilmembers
Adams, Frahm and Hammerel. Councilmember Grabek was
absent. City Administrator Benson, Zoning Adminis-
trator Mabusth, Assistant Zoning Administrator
Gaffron, Police Chief Kilbo, City Attorney Malkerson,
City Engineer Cook, and Recorder Sutton represented
the City staff . Public Works Coordinator Gerhardson
arrived at 8 : 00 p.m. Planning Commission Repre-
sentative Sime was also present.
CONSENT AGENDA* Mayor Butler moved, Councilmember Hammerel seconded,
to approve the Consent Agenda* subject to removing
items 2 and 26 from the consent agenda for discussion,
with allstaff reportsconcerning theseitemsreviewed
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 ) .
APPROVALOFMINUTES Mayor Butler stated that in the minutes of June 25 , 1984 ,
under the LMCD report that the City does not want to
purchase land on Big Island and that paragraph should
be reworded.
Councilmember Adams moved, Mayor Butler seconded, to
approve the minutes of June 25 , 1984 , with the
correction noted above. Motion, Ayes ( 4 ) , Nays ( 0 ) .
APPROVAL OF MINUTES* Mayor Butler moved, Councilmember Hammerel seconded,
to approve the minutes of the Board of Review held June
19 , 1984 . Motion, Ayes ( 4 ) , Nays ( 0 ) .
LARE MINNETONRA CONSERVATION
DISTRICT REPORT Councilmember Frahm stated that he would like to see a
report as to how the LMCD is spending Orono' s money.
PLANNING COMMISSION
COMMENTS Planning Commission Representative Sime had no
comments.
POBLIC COMMENTS There were no comments from the public present.
#837 HENNEPIN COUNTY PARR
RESERVE DISTRICT
2865 NORTH SHORE DRIVE
CONDITIONAL USE PERMIT
RESOLUTION #1652 Marty Jessen represented the Hennepin County Park
Reserve District. Alice Hale of 110 Chevy Chase
Drive, Dee Poole of 1135 Vagabond; Toni Riley of 908
Shady Lane, and Stuart Burniece of 1220 Tonkawa Road
were present from the audience.
MINUTES OF THE REGULAR COUNCIL MEETING HELD JULY 9, 1984. PAGE 2
�837 HENNEPIN COUNTY PARR
RESERVE DISTRICT Toni Riley presented a petition asking that the
Council approve the request for the restoration of the
gazebo. Riley asked that this petition be given to
the Hennepin County Board for when they begin to
appoint a citizens committee for the Noerenberg Park
they may select some of the names on the petition.
Marty Jessen stated that the Hennepin County Board
wanted a change in the resolution #3 to read "to review
the master plan for the. . . " rather than stating all
projects.
Mayor Butler stated that #3 could read "to allow the
City to review all proposed capital improvement
projects in Noerenberg Park. "
Councilmember Hammerel moved, Mayor Butler seconded,
to approve Resolution #1652 , A Resolution Granting A
Conditional Use Permit and Variance to permit the
continuation of a legal non-conforming gazebo
structure and to make structural repairs to the
gazebo, subject to the addition in the resolution that
#3 under Conditions should read " . .to allow the City to
review all proposed capital improvement projects in
Noerenberg Park. . " Motion, Ayes (4 ) , Nays ( 0 ) .
#820 LONIE FISR
493 PARR AVENUE
VARIANCE Lonie Fisk was present. Robert Hoffman and Garth
Coller, Fisk' s attorney, were present. Michael
Dombeck of 499 Tonkawa Road, Donald and Catherine
Meyer of 485 Park Avenue, Philip Bradley of 4075 Oak
Street, and David and Phyllis Fritz of 475 Tonkawa Road
were present from the audience for this application.
City Attorney Malkerson stated that since the
electricity has gone out and the tape recording
machine does not work, that the applicant and his
attorneys should be asked whether they want to start
discussion of this application since there seems to be
a difference of opinions on the part of the neighbors
and applicant. Malkerson stated that the neighbors
should be reminded of the deadline date for submittals
of material to the Council. Malkerson stated that the
memo from Donald Meyer submitted tonight should have
been in the Council packets and that the applicant and
his attorney should have been provided with a copy of
the memo. Malkersonstated that the deadline datefor
submittals is the Wednesday before the Monday meeting.
Malkerson suggested that at the next Council meeting
the neighbors be given the chance to give testimony.
Malkerson notecl that if the neighbors want to bring in
any appraisers to give testimony that they should be
sworn in and then the testimony can be heard.
MINUTES OF THE REGULAR COUNCIL MEETING HELD JULY 9, 1984. PAGE 3
#820 LONIE FISK Robert Hoffman stated that they would prefer to come
back so that they can be assured of a tape of the review
of the application.
Mayor Butler moved, Councilmember Frahm seconded, to
table the Fisk application until the July 23, 1984 ,
Council meeting because of the power failure.
Motion, Ayes ( 4 ) , Nays (0 ) .
#833 HARRY BROCROPP
993 WILDHURST TRAIL
VARIANCE
RESOLUTION #1653 Harry Brockopp was present. Mr. Soderman and Barb
Kosch were present from the audience.
City Attorney Malkerson again stated that the
applicant should be given the chance to have the tape
working.
Mr. Soderman stated that he would pref er to wait f or
the tape.
Brockopp agreed.
The electricity returned at8 : 00and review continued.
Assistant Zoning Administrator Gaffron noted that at
the Planning Commission meeting it was decided that
the existing driveway which serves both residences be
excluded from the hardcover calculations from both
pieces of property. Gaf f ron stated that Mr. Soderman
will need an access easement 12 ' x 100 ' from Harry
Brockopp.
Mr. Soderman stated that the survey Mr. Brockopp has is
not correct and the RLS that was f iled by Mr. Cronstrom
is correct.
Assistant Zoning Administrator Gaffron stated that he
double checked with the surveyor and the survey Mr.
Brockopp has is correct.
Harry Brockopp stated that he would grant the easement
to Mr. Soderman.
Mr. Soderman stated that he wouldn' t pay for the
expense of getting the legal description for the
easement.
City Attorney Malkerson stated that the applicants
should work out the easement issue themselves.
Malkerson stated that it is not Brockopp' s problem
that Soderman doesn' t have legal access to his
property. Malkerson stated that staff should have
proof that the access easement has been filed before
the variance is granted.
MINUTES OF THE REGULAR COUNCIL MEETING HELD JULY 9, 1984. PAGE 4
#833 HARRY BROCROPP Councilmember Frahm moved, Mayor Butler seconded, to
approve Resolution #1653 , A Resolution Granting a
Variance to permit construction of a new residence,
subject to Mr. Brockopp providing evidence to City
staff that the access easement for the Soderman
property has been filed in the chain of title prior to
the granting of a building permit and prior to the
variance going into effect, and the expense of the
easement must be resolved between applicant and
Soderman, and for the easement to be excluded from
hardcover calculationsfor both properties (Soderman
and Brockopp) . Motion, Ayes ( 4 ) , Nays ( 0 ) .
#834 BRIAN FULMER
3505 WAYZATA BLVD
CONDITIONAL USE PERMIT
RESOLUTION �1654 Brian and Cathy Fulmer were present. Brian Fulmer
stated that he would prefer to proceed with the review
even without the tape.
Brian Fulmer stated that it was his understanding that
the Council wanted to place the limitations over the
property with the square footage and not the number of
dogs. Fulmer stated that some of the kennels are
duplex kennels so it would be hard to specify a maximum
number of dogs for the property.
Councilmember Adams asked what the maximum number of
pets would be for this 11 ,700 sf building.
Brian Fulmer stated about 300 dogs could be kept in the
building the way it is designed.
Councilmember Frahm stated that he wanted a specific
number of dogs allowed on the property.
Mayor Butler suggested limiting the number of dogs
according to state and federal regulations .
City Attorney Malkerson stated that if the City
removes the dog limit number, what will keep this from
turning into a dog pound. Malkerson stated that the
City needs control over the property and one way to do
it is with limiting them to a maximum number of dogs .
Mayor Butler moved, Councilmember Hammerel seconded,
to approve Resolution #1654 , A Resolution Approving a
Conditional Use Permit, subject to the addition that
in no event the number of animals boarded may exceed
175. Motion, Ayes (2 ) , Nays (2 ) . Councilmembers
Adams and Frahm voted nay. Motion failed.
Councilmember Frahm stated that the residential unit
has not been addressed yet and the number of pets it too
high. Frahm stated that parking has not been
addressed either.
MINUTES OF THE REGULAR COUNCIL MEETING HELD JULY 9, 1984. PAGE 5
#834 BRIAN FULMER Zoning Administrator Mabusth stated that staff felt
that the residential unit should be under separate
conditional use permit and treated like a guest house
use. Mabusth stated that staff will require
additional parking spaces and will use commercial
zoning district standards to refer to.
Councilmember Adams stated that the number 175 was too
much and 150 would be better.
Councilmember Hammerel asked what the average number
of dogs kept at the kennel was.
Brian Pulmer stated that the average is 60 because of
the seasonal type business.
City Attorney Malkerson stated that in this review it
is implied that all the dogs will be kept inside but
that the resolution doesnot addressthis. Malkerson
stated that the Council may wish to add "all dogs must
be kept inside" . Malkerson stated that the Council
may wish to add that this conditional use permit is for
one year only and automatically renewed if no problems
arise. Malkerson stated that way Fulmers wouldn' t
have to pay a fee but that way everyone is on notice that
if things get out of hand that the next year they will be
brought back in.
Councilmember Hammerel moved, Councilmember Adams
seconded, to approve Resolution #1654 , A Resolution
Granting A Conditional Use Permit ancl Granting
Variances to permit continued use and expansion of the
boarding kennel and construction of a 96 ' x 122 '
commercial kennel structure on the residential
property, subject to the addition that the maximum
number of pets to be 150 and adding that the
conditional use permit be reviewed in one year and if
no problems it will automatically be rolled over,
parking to be reviewed by staff , and add that all dogs
must be kept inside at night. Motion, Ayes ( 3 ) , Nays
(1 ) . Councilmember Frahm voted nay.
Councilmember Frahm stated that he doesn ' t like the
number of dogs and the piecemeal way of granting the
conditional use permit.
Discussion was continued about the residential unit
above the kennel structure.
Brian Fulmer stated that their intent is to have an
apartment on the second f loor to have a single person
live therefor security purposes. Fulmer stated that
it wouZd never be a family but strictly for one person.
Fulmer stated that the Planning Commission required
the live-in person as a condition of their approval.
MINUTES OF THE REGULAR COUNCIL MEETING HELD JULY 9, 1984. PAGE 6
�834 BRIAN FULMER Councilmember Adams stated that the City could place
the condition on this that it be an employee of the
kennel operation and limit it to one person.
Zoning Administrator Mab�sth stated that it would be
treated as a guest house and could not be rented out.
Mayor Butler stated that it shouldn' t be rented out and
the one person should be an employee of the kennel
operation. Butler stated that an updated survey
should be submitted designating the wetlands to see if
there is enough dry buildable to have a guest house on
this property. Butler also suggested that separate
parking be given to the live-in employee so that they
aren' t using the customer parking spaces .
Councilmember Frahm stated that this is a very
commercial building especially with the added
plumbing that will be added with the residential unit.
Mayor Butler moved, Councilmember Adams seconded, to
direct staff to draft a resolution approving the
residential unit if there is enough dry buildable land
to allow a guest house subject to only one employee to
live there and that the guest house may never be rented
out. Motion, Ayes ( 4 ) , Nays ( 0 ) .
�836 RICHARD OGLE
2771 SHADYWOOD ROAD
COtZDITIONAL USE PERMIT
RESOLUTION #1655 Mr. and Mrs. Richard Ogle were present. Assistant
Zoning Administrator Gaffron stated that the
applicant has trimmed down the deck as per the request
of the Planning Commission. Gaffron stated that if you
exclude the existing driveway which serves other
properties , the property is still 40 percent in the
75 ' -250 ' setback area.
Councilmember Frahm stated that he doesn' t have a
problem with the landscape plan but does have a problem
with adding more hardcover where the property is
already over the allowed hardcover. Frahm stated
that the house is too big for the land anyway.
Councilmember Adams suggested eliminating some of the
parking area.
Richard Ogle stated that he needs that parking area
because there is not enough room to park on the street.
Ogle stated that the driveway was on the building
permit plan which was approved already.
Councilmember Frahm stated that if the applicant is
adding 375 ' additional hardcover then the applicant
should have to reduce 375 ' of proposed hardcover since
he is already over the allowed hardcover. Frahm
stated that it should be up to the applicant where he
wants to cut back on the hardcover.
MINUTES OF THE REGULAR COUNCIL MEETING HELD JULY 9, 1984. PAGE 7
�836 RICHARD OGLE Councilmember Frahm moved, Councilmember Adams
seconded, to approve Resolution #1655 , A Resolution
Approving A Conditional Use Permit and Variance to
allow landscaping and a 375 ' deck subject to
applicant to decide where he wants to cut back on 375 '
proposed hardcover and for the proposed hardcover in
the 75 ' -250 ' setback zone not to exceed a total of
8 , 549 sf. Motion, Ayes ( 4 ) , Nays ( 0 ) .
#838 THOMAS BERNIER
PARTIAI, VACATION OF
MAPLE AVENUE Mr. and Mrs . Thomas Bernier were present. Zoning
Administrator Mabusth stated that a drainage easement
will be taken over Barr' s property.
Mayor Butler moved, Councilmember Hammerel seconded,
to conceptually approve the partial vacation of Maple
Avenue subject to the applicants filing a plat of a lot
line rearrangement at which time the City will acquire
all necessary easements and right of way in dedication
of the formal plat. Motion, Ayes ( 4 ) , Nays (0 ) .
SURVEY OF BUILDING
AND ZONING ACTIVITIES Mayor Butler noted for the record that the City Council
was in receipt of the survey of Building and Zoning
Activities for January, 1984 - June, 1984 .
PLANS/SPECS FORCEMAIN
LS #7 City Engineer Cook stated that the easements have not
been resolved yet but staff is working on them.
Mayor Butler moved, Councilmember Adams seconded, to
approve the plans and specs for the construction of a
forcemain and to direct staff to advertise for the bid
opening to be held August 10, 1984 . Motion, Ayes ( 4 ) ,
Nays (0 ) .
PLANS/SPECS - WILLOW
DRIVE OVERLAY City Engineer Cook stated that this project would be
100 percent state funded for the overlay from the
Burlington Northern bridge to Fox Street on Willow
Drive.
Councilmember Frahm moved, Councilmember Adams
seconded, to approve the plans and specs for the
overlay project of Willow Drive and Council further
directs staff to advertise for a bid opening to be held
on August 10 , 1984 . Motion, Ayes (4 ) , Nays (0 ) .
BID OPENING EXTENSION
SEALCOATING PROJECT City Engineer Cook stated that the he needed an
extension for the advertising of bids for the
sealcoating project because the publication deadline
was not met.
MINUTES OF THE REGULAR COUNCIL MEETING HELD JULY 9, 1984. PAGE 8
Councilmember Frahm moved, Mayor Butler seconded, to
direct staff to advertise for a bid opening to be held
on July 20 , 1984 to the sealcoating project. Motion,
Ayes (4 ) , Nays (0 ) .
CRIME PREVENTION PROGRAM
RESOLUTION #1656 Police Chief Kilbo reviewed the Crime Watch Program
with the City Council.
City Attorney Malkerson suggested adding language to
the Resolution to read "WHEREAS, the City Council
hereby authorizes staff to take the necessary steps to
adopt and implement the attached articles of
incorporation and bylaws" .
Councilmember Hammerel moved, Mayor Butler seconded,
to approve Resolution #1656 , A Resolution Creating the
Orono Crime Prevention and CriminalApprehension Fund
subject to the addition of the City Attorney as noted
above. Motion, Ayes ( 4 ) , Nays ( 0 ) .
MONTHLY LIQUOR REPORT
MAY* Mayor Butler moved, Councilmember Hammerel seconded,
to approve the Monthly Liquor Report prepared by
Finance Director Kuehn. Motion, Ayes ( 4 ) , Nays ( 0 ) .
APRII, MONTHLY & YEAR-TO-
DATE SUMMARY OF RECEIPTS
DISBURSEMENTS/BALANCES* Mayor Butler moved, Councilmember Hammerel seconded,
to approve the April Monthly and Year-To-Date Summary
of Receipts, Disbursements and Balances prepared by
Finance Director Kuehn. Motion, Ayes ( 4 ) , Nays ( 0 ) .
MAY MONTHLY AND YEAR-TO-
DATE SUMMARY OF RECEIPTS,
DISBURSEMENTS/BALANCES* Mayor Butler moved, Councilmember Hammerel seconded,
to approve the May Monthly and Year-to-Date Summary of
Receipts, Disbursements and Balances prepared by
Finance Director Kuehn. Motion, Ayes ( 4 ) , Nays (0 ) .
BIG ISLAND REGIONAL
PARK DESIGNATION* Mayor Butler moved, Councilmember Hammerel seconded,
to accept Frank Fly' s letter of the Senate Counsel and
Research concerning1983 ' s legislation on BigIsland.
Motion, Ayes ( 4 ) , Nays ( 0 ) .
COMMUNITY ACTION AGENCY
IN SORBORBAN HENN CTY* Mayor Butler moved, Councilmember Hammerelseconded, to
approve Dale Ackmann, Hennepin County Adminis-
trator ' s letter concerning the community action
agency in surburban Hennepin County. Motion, Ayes
(4 ) , Nays (0 ) .
MINUTES OF THE REGULAR COUNCIL MEETING HELD JULY 9, 1984. PAGE 9
PERMIT i�Ild#0024091
MAPLE PLAIN WASTEWATER
TREATMENT FACILITY* Mayor Butler moved, Councilmember Hammerel seconded,
to approve the MN#0024091 permit to the Maple Plain
Wastewater Treatment Plant Facility. Motion, Ayes
(4 ) , 2�ays ( 0 ) .
DISCUSS ASSESSING
SERVICES* Mayor Butler moved, Councilmember Hammerel seconded,
to discuss assessing services with William B. Van
Nest, Bob Searles, and Lou Oberhauser on July 23 , 1984
at 7 :30 p.m. Motion, Ayes (4 ) , Nays ( 0 ) .
NOTICE OF INTENT TO USE
ELECTRONIC PUNCH CARD
EQUIPMENT* Mayor Sutler moved, Councilmember Hammerel seconded,
to approve the notice of intent to use electronic punch
card equipment. Motion, Ayes ( 4 ) , Nays ( 0 ) .
SEWER & WATER BILLING* Mayor Butler moved, Councilmember Hammerel seconded, to
approve City Administrator Benson' s letter to Terry
Schlee concerning sewer and water billing. Motion,
Ayes I4 ) , Nays ( 0 ) .
LETTER TO DON MONR* Mayor Butler moved, Councilmember Hammerel seconded, to
approve City Administrator Benson' s letter to Don
Monk, Hennepin County Assessor, concerning assessing
services. Motion, Ayes (4 ) , Nays (0 ) .
LONG LARE SEWER PLANT
PROPERTY City Attorney Malkerson stated that the question has
come �p concerning the exact ownership of that sewer
plant property. Malkerson stated the City of Long
Lake did condemn that property in July 1963 .
Malkerson stated that the question has come up whether
the City of Long Lake would be able to circumvent
Orono's zoning regulations by detachment of the
property from the City of Orono and annexation of it to
the City of Long Lake. Malkerson stated that the
statu�te provides there can be detachment, taking that
property from Orono and putting it into the City of
Long Lake, but based on reading of the statute the
State would never do that.
LICENSES Councilmember Frahm stated that the City should not
give Big Island Vet ' s Camp any beer licenses until Big
Island complies with all Building and Fire Codes
corrections specified by Building/Fire Inspector
Jacobs.
City A�ministrator Benson stated that the beer license
is a separate issue.
Councilmember Frahm moved, Councilmember Hammerel
secon+ded, to approve the Big Island beer license.
Motion, Ayes ( 4 ) , Nays ( 0 ) .
MINUTES OF THE REGULAR COUNCIL MEETING HELD JULY 9, 1984. PAGE 10
BILLS* Mayor Butler moved, Councilmember Hammerel seconded,
that the All Funds Account and Liquor Store Accounts be
paid. Motion, Ayes ( 4 ) , Nays (0 ) .
ADJOURNMENT 10:21 P.M. Councilmember Frahm moved, Mayor Butler seconded, to
adjourn the regular meeting at 10 : 21 p.m. Motion,
Ayes (4 ) , Nays ( 0 ) .
ATTEST:
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Alberta M. Strom, City Clerk Mary C. � utler, Mayor
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