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HomeMy WebLinkAbout02-25-1985 Council Minutes MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 25, 1985. PAGE1 ATTENDANCE 7 :00 PM The Orono Council met on the above date with the following members present: Acting Mayor Frahm, Council- members Lynn Adams and Jim Grabek. Councilmember Tim Adams and Mayor Butler were absent. The following represented the City staff : Building & Zoning Adminis- trator Mabusth, Assistant Zoning Administrator Gaffron, Public Works Coordinator Gerhardson , Deputy Clerk Lattin, and Recorder Sutton. Police Chief Kilbo arrived at 7 :11 p.m. and Finance Director Kuehn arrived at 8 : 05 p.m. City Attorney Radio was also present. City Engineer Cook was absent . CONSENT AGENDA* Acting rlayor Frahm moved, Councilmember L. Adams seconded, to approve the Consent Agenda* , with all staff reports concerning these items to be attached to an original copy of these minutes on file in the City Clerk' s office. Motion, Ayes ( 3 ) , Nays ( 0 ) . APPROVAL OF MINUTES* Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve the minutes of the regular Council meeting held February 11 , 1985 . Motion, Ayes ( 3 ) , Nays (0 ) . LARE MINNETONRA CONSERVATION DISTRICT REPORT Jo Ellen Hurr was present. Hurr discussed with the Council the LMCD ' s decision on Chaska Narina. Hurr noted that the Supreme Court' s directives of 1981 for Chaska Marina is what the LMCD is abiding by. Hurr stated that Chaska Marina turned their docks a different way. Hurr noted that Chaska Marina is not responding to the LMCD' s demands regarding the setbacl�s on the west side. Acting Mayor Frahm asked Hurr to check into the matter as to why Chaska Marina is .not responding. Hurr noted that the LMCD is still working on the DWI bill for boaters on the lake. Hurr noted that last year 20 speeding tickets were issued on the lake . Hurr noted that the LMCD will be purchasing a new DWI detector breathalyser which will be located at the Water Patrol station and the offender will be driven back to the Water Patrol to take the test. Acting' Mayor Frahm suggested that the LMCD investigate into this further because of the burden of escorting someone all the way back to the Water Patrol station. Frahm noted that the portable breathalyzer that the LMCD is currently using is better than their new proposal. MINUTES OF THE REGULAR ORONO COUNCZL MEETING HELD FEBRUARY 25, 1985. PAGE 2 Hurr noted that she did speak to the concerned Nound resident about the density of the development on Pelican Point and explained that the LMCD has no jurisdiction over the land. Hurr stated that the proposal for Pelican Point is on a 16 acre parcel with 96 proposed units. Hurr did note that the LMCD standards would apply to the dockage proposed in the development . Hurr stated that the LMCD has not received an application from the developers yet . PLANNING COMMISSION COMMENTS Councilmember L. Adams noted that he attended the Planning Commission meeting of February 19 , 1985 , and that the Commission asked him to set up a joint meeting with the Council . Council discussed various dates and decided that the joint meeting will be held March 25 , 1985 , from 6 : 00 p.m. to 7 : 00 p.m. and then at 7 : 00 p.m. the regular Council meeting will commence. Council gave staff an alternate date of Saturday, March 23 , 1985 , if the March 25th date will not accommodate everyone. Councilmember L. Adams stated that a motion was made at the last Planning Commission meeting to have Gloria McDonald removed from the Commission and the Commission was concerned with her excessive absenteeism. Adams noted that the motion died for lack of a second . Adams stated that the Planning Commission was opposed to the Council ' s two-year term rule limiting Planning Commis- sion member ' s terms and asked that Council address this new rule. Cquncilmember L. Adams moved , Councilmember Grabek seconded, to have staff schedule a joint meeting between the Council and Planning Commission for March 25 , 1985 from 6-7 p.m. and an alternate date of Saturday, March 23 , 1985 , if the previous date won' t accommodate everyone. Motion, Ayes ( 3 ) , Nays ( 0 ) . PUBLIC COMMENTS Herman Renner of 3180 North Shore Drive was present to point out the problems he and surrounding neighbors are having with North Shore Drive Marina. Renner noted that the director of the LMCD, Frank Mixa, will not respond to his complaints . Renner stated that the dockage at North Shore Drive Marina is the problem connecting with the docks of the residents . Renner also noted that the deicing pump is so strong that it creates a wake and it has deiced beyond the fence line to the residents surrounding North Shore Drive Marina. Renner noted that the pump is destroying the fishing around the area and also ice skating for the residents. Renner asked who approved the permanent docking for North Shore Drive Marina. Renner stated that the docks should not allow to intersect with residential docks . MINUTES OF THE REGULI�R ORONO COUNCIL MEETING I3ELD FEI3RUARY 25 , 1985 _ PAGE 3 Zoning Administrator Mabusth noted that North Shore Drive Marina was not subjected to the current zoning because of the court case which allowed North Shore Drive Marina to go by the old zoning code. Jo Ellen Hurr noted that the LMCD did send an inspector out to the site and that inspector noted that the dockage conforms to the LMCD requirements . Hurr noted that another inspector from the LMCD will be sent out to investigate into the deicing pumper to see if it meets the reo,uirements since the pumper isn ' t suppose to cause a wake. Hurr noted that the LMCD is no longer allowing permanent docks . Hurr noted that Orono has approved extensive permanent docking for North Shore Drive Narina. Herman Renner stated that the City should allow the residents in this area to shift their docks around or the City will be involved in a lawsuit. Renner noted that the docking cannot follow the lot lines in this neighborhood. ADDITIONAL PUBLIC COMMENTS Howard �ohnson of 1635 Concordia Street asked Council for more direction regarding his proposal on Concordia Street. Johnson noted that he has dealt with the hardcover issue by proposing holding ponds that will hold a 6" rain. Johnson noted he is proposing five docks in a cluster. Johnson stated that Orono ' s code states that the City likes PUD' s because it doesn' t destroy the natural amenities . Johnson noted that his proposal is with one car garages in hopes to attract the quiet person. Johnson stated that in the future he hopes to put a tennis court on the property. Acting Mayor Frahm informed Johnson that the property in question will only allow two riparian lots and no multiple docks . Frahm stated that the City has never allowed attached dwellings near the lake except those neighborhoods that were next to a commercial area. Councilmember L. Adams felt that Johnson has a good proposal and an innovative way to use his four and a half acres . Adams noted he would be in favor of five lots with two of those five being riparian rights . Adams stated that Johnson would have to assign those riparian rights to only two of the lots. Adams felt that Johnson had compromised a great deal from his first proposal. Councilmember Grabek asked Johnson if this is what he would like to see happen to the lake. Grabek felt that Johnson was not following the intent of the zoning code. MINUTES OF T1�E REGULI�R ORONO COUNCIL MEETING HELD FEBRUARY 25 , 1985 . PAGE 4 #853 DOUGLAS RLINT TOM BERNIER � GARY BARR 3535/3545 IVY PLACE � 3034 CASCO POINT RD SUBDIVZSION There was no one present to represent the applicants. Zoning Administrator Mabusth noted that this application is a result of the vacation of Maple Avenue . Councilmember L. Adams moved, Acting Mayor Frahm seconded , to approve the plat of a lot line rearrangement known as Casco Cove finding all lots meet the standards of the LR-1C zoning district and that all existing structures meet the required setbacks for the district, with approval subject to the condition that the plat be amended to reflect the City' s ownership of that portion of Ivy Lane referred to on the preliminary plat as "to be dedicated as road" . Motion, Ayes ( 3 ) , Nays ( 0 ) . #872 BRECKENRIDGE DEVELOPMENT CORP 1200 OLD CRYSTAL BAY ROAD FINAI, SUBDIVISION RESOLUTION #1729* Acting Mayor Frahm moved, Councilmember L. Adams seconded, to adopt Resolution #1729 , A Resolution Approving the Plat of BRECKENRIDGE. Motion, Ayes ( 3 ) , Nays ( 0 ) . #880 STEVEN RUCE 4625 WEST BRANCH ROAD CONDITIONAL USE PERMIT REQUEST FOR REFUND OF APPLICATION FEE Steven Ruce was present. Assistant Zoning Administrator Gaffron stated that at the last Council meeting, Steven Ruce ' s application was placed on Consent Agenda* and was approved but the request for the refund of the � application fee was never addressed. Steven Ruce noted that since his application has such a minimal "commercial" use with no retail sales activity on the property, he asked Council for a refund of the conditional use permit fee of $100 . Ruce noted that this was also the Planning Commission' s recommendation. Acting Mayor Frahm noted that the conditional use permit is protection for the City in order for the City to control the level of commercial use on the property. Frahm noted that a 10 x 25 ' greenhouse could very easily become a more intense commercial greenhouse with a future owner. City Attorney Radio stated that the fee is to pay for staff time spent in reviewing the application and also for the filing of the resolution in the chain of title. MINUTES OF TI3E REGULI�R ORONO COUNCIL M�ETING F�ELD FEI3RUARY 25 , 1985 . PAGE 5 #880 STEVEN RUCE Councilmember L. Adams agreed with Ruce and the Planning Commission in regards to the low level of commercial use for the property. Adams stated that Ruce could have come into the City hall and asked for a building permit and received a building permit without getting a conditional use, but he was honest and mentioned a low level of commercial use for the property. Zoning Administrator Mabusth noted that the zoning code doesn't address the "degree" of commerciality. Mabusth explained that to be asked for a refund of the fee is rather after-the-fact. Councilmember Grabek moved , Councilmember L. Adams seconded, to refund the $100 conditional use application fee to Steven Ruce but still have the conditional use on file and filed in the chain of title in order to protect the City against further commerciality on the property based on the low level of commercial use intended for the property. Motion, Ayes ( 3 ) , Nays ( 0 ) . #886 RICHARD RAGATZ 1945 CONCORDIA STREET VARIANCE RESOLUTION �1730* Acting Nayor Frahm moved, Councilmember L. Adams seconded, to adopt Resolution #1730 , A Resolution Granting a Variance to permit construction of a 770 sf deck structure of which 404 sf is to be located within the 0-75 ' setback zone. Motion, Ayes ( 3 ). , Nays ( 0 ) . PLANNING FOR MAINTENANCE OF MUNICIPAL CODE Zoning Administrator Mabusth recommended that the City contract with the Municipal Ordinance Codifiers , Inc. for one year who would provide for the first annual revision and update of the municipal code. Mabusth stated that the other option is to buy the discs and have the City' s own clerical staff update the code. Mabusth noted that the Municipal Codifiers would be able to incorporate the State Statutes into the municipal code whereas the City clerical staff would not be able - to without a great deal of time spent on the project. Mabusth noted that the City already has adopted 10 ordinances since the recodification of the code. Councilmember Grabek asked if the Codi.fiers could give the City an evaluation throughout the year to get some idea of the cost of such a service. Police Chief Kilbo noted that the three of those ten ordinances were the ones the Codifiers left out in the first place. Kilbo noted that those first three ordinances that were left out should be free ones from the Codifiers. MINUTES OF TIiE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 25, 1985 . PAGE 6 Councilmember L. Adams suggested purchasing the discs from the Codifiers just to have around the City if they are only a couple of dollars. Adams noted that the City may want to use them eventually but should purchase them while they have the chance. Acting Mayor Frahm suggested getting an estimate on such a service that would update the municipal code. Frahm asked staff to use the 10 ordinances that the City has already adopted to get an estimate. Frahm noted that the Council shouldn' t take any action until the City receives an estimate for the yearly service. SEPTIC SYSTEM BILLING BIG ISLAND Assistant Zoning Administrator Gaffron explained to the Council that this was the first year that Big Island would be billed the annual $20 fee for the septic system inspection program. Gaffron noted that this was for Council ' s information since they may be getting telephone calls from Big Island residents regarding the billing. Council felt that Big Island residents should be billed just like other Orono residents for the septic system program, and staff should proceed with the billing per the existing code. CITY ENGINEER' S REPORT City Engineer Cook was not present. MAYOR'S REPORT Mayor Butler was not present and Acting Mayor Frahm had no comments. BID AWARD 1985 MATERIALS & EQUIPMENT* Acting Mayor Frahm moved , Councilmember L. Adams seconded, to accept the balance of the bids as presented for the calendar year of 1985 and to further reject the bid from H.V. Johnston Culvert Company since they included terms that were contradictory to the City' s specifications . Motion, Ayes ( 3 ) , Nays ( 0 ) . SALARY ADJUSTMENT TERI NAAB* Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve the salary adjustment of 5� salary increase or from $7 . 28/hr to $7 . 65/hr effective March 5, 1985, for Teri Naab. Motion, Ayes ( 3 ) , Nays ( 0 ) . LIQUOR STORE OPERATING RESULTS THREE MONTHS ENDED 12-31-84* Acting Mayor Frahm moved , Councilmember L. Adams seconded, to accept the liquor store operating results prepared by Finance Director Kuehn for three months ended December 31 , 1984 . Motion, Ayes ( 3 ) , Nays ( 0 ) . MINUTES OF THE REGULAR ORONO COUNCIL MEETING 1�ELD FEBRUAF2Y 25 , 1985 . PAGE7 RESOLOTION #1731 HOLD HARM7.ESS AGREEMENT WILLOW DRIVE OVERLAY PROJECT* Acting Mayor Frahm moved, Councilmember L. Adams seconded, to adopt Resolution #1731 , a Resolution setting a speed limit of 30 mph along Willow Drive from Fox Street to Burlington Northern Railroad Bridge and indemnifying the MN Department of Transportation from any claims as a result of setting such speed limit. Motion, Ayes ( 3 ) , Nays ( 0 ) . POLICE AUCTION ABANDONED VEHICLES* Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve the public auction on Niarch 23 , 1985 at 10 a.m. at Martin ' s 66 Station in Navarre for abandoned, seized, or unclaimed vehicles as listed in Police Chief Kilbo' s memo. Motion, Ayes ( 3 ) , Nays ( 0 ) . RESOLUTION WINE SALES IN GROCERY STORES Deputy Clerk Lattin explained that the resolution drafted is to prohibit grocery stores from selling wine and such resolution would be sent to the legislature. Lattin noted that 250 of the profits from the municipal liquor store are from wine sales and if grocery stores would start to sell wine it would have a detrimental affect on the liquor store. Lattin stated that historically some of the liquor store profits have been used to fund general fund expenditures . Lattin stated that the Police Chief will answer as to the affects on the health, safety and welfare such a resolution would have. Police Chief Kilbo explained that the grocery stores are already selling 3 . 2 beer and the selling of wine p�obably wouldn' t have a dramatic affect on the selling of liquor to minors . Kilbo stated that the problem becomes a policing one in that it is hard to police the hours that grocery stores can sell such liquors . Councilmember Grabek felt that the City should not spend extra time fighting a piece of legislation that may be passed anyway. Grabek also noted that once the liquor store dips below the profit level it pr_obably should be closed . The concensus of the Council was to not adopt the resolution prohibiting the sale of wine in grocery stores. SAI.ARY AND BENEFIT REVIEFI OF CITY EMPLOYEES Public Works Coordinator Gerhardson presented Council witr a tabulation of .the proposed increases and benefits for City employees. Gerhardson noted that Mr. Cy Smythe is rewriting the personnel policy. MINUTES OF THE REGULAR ORONO CODNCIL ML•'ETING HELD FEBRUARY 25, 1985 . PAGF 8 SALARY & BENEFIT It was recommended that the increases noted on the REVIEW FOR EMPLOYEES tabluation sheet be retroactive back to January l , 1985 . City Attorney Radio asked staff to explain the longevity plan. Public Works Coordinator Gerhardson stated that the longevity plan is based on the number of years an employee has been with the City as follows : after 4 years with the City an increase of 3o in salary to the base rate after 8 years with the City an increase of 5� in salary to the base rate after 12 years with the City an increase of 7� in salary to the base rate after 16 years with the City an increase of 9$ in salary to the base rate Gerhardson noted that the above longevity plan went into effect January 1 , 1984 for the police department. Councilmember L. Adams stated that he is interested in fairness to those who are entitled. Adams felt that he was not ready to vote on such a matter because he just received the tabulations . Adams asked staff for the history of raises for employees for the past 5-10 years. Councilmember Grabek asked for the impact such increases would have on the overall city budget. Grabek also asked for a comparison w�.th other cities in regard to salary and benefits. Police Chief Kilbo stated that the sergeant who has been w�th the City for 16 years is only $39 above the top patrolman' s salary. Kilbo noted that the same is true for the assistant police chief . Kilbo noted that both positions are non-union positions . Kilbo stated it would be more worthwhile for the sergeant and asst. police chief to resign their position and become patrol officers again. Kilbo recommended Council look at these two positions. Acting Mayor Frahm stated that the Council should assure the employees that whatever decision the Council makes would be retroactive back to January 1 , 1985 . Councilmember L. Adams moved, Acting Mayor Frahm seconded, to assure staff that whatever action is taken regarding salaries and benefits would be retroactive back to January l, 1985 . Motion, Ayes ( 3 ) , Nays ( 0 ) . MINUTES OF TI�E REGULAR ORONO COUNCIL MEETING f3ELD FEI3RUARY 25 , 1985 . PAGE 9 Councilmember Grabek directed that staff submit the information received tonight, and the financial information regarding the impact on the budget to Cy Smythe and for him to present something by March 25 , 1985, directing Smythe to make an analysis , comparison with other cities , and help formulate policy for next five years including establishing a step program. Grabek asked that the financial information regarding the impact on the 1985 budget also be submitted to Council. Police Chief Kilbo asked Council to direct Public Works Coordinator to draft a memo summarizing the Council ' s action for the employees . Council so directed. CITY ATTORNEY'S REPORT HAZARDOUS BUILDING ACTION - 1290 SPRUCE PLACE City Attorney Radio explained that the Council recently adopted a resolution declaring the residence at 1290 Spruce Place a hazardous building. Radio noted that unlike other hazardous building actions , the land owner put in an answer contesting the matter . Radio stated that the property then went into tax forfeiture to the state. Radio stated that the land owner had a chance to redeem, and did not do so as of January 7 , 1985 , therefore the state now owns the land. Radio stated that the Council must decide two issues : what to do with the hazardous building and what to do with the property. Radio felt that the City could obtain permission from trie state to raze the building, but that the state will not pay for it. Radio stated that the state wants to release the land for sale which would allow the City to recoup its costs for part of the razing through the sale of the property to the general public or to buy it back fr_om the state with an adjustment in the price. Radio stated that the City could also purchase the land for park purposes . Zoning Administrator Mabusth stated that the two adjacent property owners are interested in purchasing the property. Councilmember Grabek moved, Councilmember L. Adams seconded, directed staff to ask for bids on the razing of the hazardous building and acquire purchase prices from the DNR. Motion, Ayes ( 3 ) , Nays ( 0 ) . Councilmember L. Adams suggested that the Park Commission take a look at this property. Adams also suggested offering the property to the adjacent property owners. MINUTES OF THE REGUI.I�R ORONO COUNCIL M�ETING HELD FEBRUARY 25, 1985 . PAGE10 CITY ATTORNEY'S REPORT PERSONNEL MATTERS City Attorney Radio suggested that this item be discussed in executive session. LICENSES* Acting Mayor Frahm moved , Councilmember L. Adams seconded, to approve the following licenses : Nultiple Sclerosis - raffle license Irwin Jacobs - kennel license Duane Anderson - kennel license John Lanier - kennel license Motion, Ayes ( 3 ) , Nays (0 ) . BILLS* Acting Mayor Frahm moved, Councilmember L. Adams seconded, that the All Funds Accounts and the Liquor Store Accounts be paid. Motion, Ayes ( 3 ) , Nays ( 0 ) . ADJOURNMENT 9 :30 PM Acting Mayor Frahm moved, Councilmember L. Adams seconded, to adjourn the regular Council meeting at 9 : 30 p.m. and enter into executive session. Motion, Ayes (3 ) , Nays ( 0 ) . ATT ST: 1 � . . rothy . Hallin, Cit_y Clerk Thomas F hm, Acting Mayor