HomeMy WebLinkAbout03-11-1985 Council Minutes' � ��INUTES OF THE ORONO COUNCIL MEETING HELD MARCH 11 , 1985_ PAGE 1
ATTENDANCE 7 :00 PM The Orono Council met on the above date with the following
members present : Mayor Butler, Councilmembers Frahm, Tim
Adams , and Lynn Adams . Councilmember Grabek was absent.
City Attorney Radio and City Engineer Cook were also present.
Building & Zoning Administrator Mabusth, Public Works
Coordinator Gerhardson, Assistant Zoning Administrator
Gaffron, and Recorder Sutton represented the City staff .
Planning Commission Chairman Callahan was also present.
CONSENT AGENDA* Councilmember Frahm moved , Councilmember T. 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 (4 ) , Nays ( 0 ) .
APPROVAL OF MINUTES*
Councilmember Frahm moved, Councilmember T. Adams seconded ,
to approve the regular Council minutes of February 25 , 1985 ,
as submitted . Motion, Ayes ( 4 ) , Nays ( 0 ) .
APPEARANCE HELEN SRARET
FLOWERS BY HELEN Helen and Ken Skaret were present. Helen Skaret explained
that she owns the flower shop in Spring Park and is opposed to
the solitors license issued by the City to a peddler that
sells flowers on the street corners . Skaret felt that the
City shouldn ' t want peddlers cluttering the streets selling
their products. Skaret stated that the peddler puts up
cardboard signs which clutter the streets .
Mayor Butler explained that the solicitor went through the
City' s normal procedure in applying for the solicitor' s
license. Butler noted that at the time the solicitor
applied he did not state the location where he would be
selling his flowers. Butler stated that the solicitor is
allowed a piece of the free enterprise system too. Butler
stated that if the solicitor is using signage, that he should
be required to acquire a temporary sign permit.
Councilmember T. Adams stated that the time limit on the
license should be shortened.
Councilmember Frahm suggested raising the fee charged for
the solicitors application.
Mayor Butler asked staff to ask other cities how much they
charge for solicitor ' s licenses and what the time limit is on
thelicenses . Butlerstated that Councilwould discuss this
issue further on March 25 , 1985 , after the additional
information is received from staff . Butler directed staff
to draft a letter to Helen Skaret informing her that the
Council will be discussing the issue again on March 25 , 1985.
' �INUTES OF THE ORONO COUNCIL MEETING HELD MARCH 11, 1985. PAGE 2
LARE MINNETONRA
CONSERVATION DISTRICT
REPORT Jo Ellen Hurr was not present therefore there was no LMCD
report.
PLANNING COMMISSION
COMMENTS Planning Commission Chairman Callahan was present but had no
comments at this point in the meeting.
PUBLIC COMMENTS Phil Niller of 2435 Countryside Drive was present. Phil
Miller noted that he lives in one of the six homes on
Countryside Drive. Miller stated that the developer of
Countryside Manor has an agreement with the association to
install entryway monuments . Miller informed Council that
the monuments were supposed to be installed two years ago.
riiller asked the Council if the City has any documents that
require the developer to install the monuments . Miller
stated that he wants the monuments installed because the
developer has a temporary easement over his property to
install the monuments and he cannot finish his landscaping
untilthe monumentsareinstalled . Miller asked the City to
restrict any building permits from the second addition of the
development until the developer installs the entryway
monuments .
Zoning Administrator Mabusth stated that the conditions of
the documents that the City has on file do not include the
requirement that the entryway monuments be installed .
Mabusth explained that the developer came into the City with
plans to install 8 ' high entryway monuments and staff advised
the developer to advise staff of the location for signs
because they may pose a traffic safety hazard . Mabusth
stated that staff has not heard back from the developer.
City Attorney Radio stated that if the improvements were not
bonded or included in the documents of the City, that the City
cannot require the developer to install the monuments.
Radio asked staff to contact the developer just to make sure
there is not a misunderstanding. Radio noted that if the
developer agreed to installing the monuments in the private
covenants , then the homeowners association would have more
control over the developer then the City would .
Councildirected staff to contact Richard Conry to determine
if he was or was not waiting for approval of the City.
�884 RICHARD ELLER
2655 SHADYWOOD ROAD
VARIANCE Richard Eller was not present. Neighbors D.C. Messer of
2673 Pheasant Road and E.J. Stanke of 2660 Pheasant Road were
present.
Zoning Administrator riabusth presented Council with a letter -
written by Richard Eller ' s attorney who is requesting that
the applicati.on be tabled until the next Council meeting of
March 25 , 1985 , when the Ellers could be present .
MTNUTES OF THE ORONO COUNCIL MEETING HELD MARCH 11, 1985. PAGE 3
#884 RICHARD ELLER Mayor Butler stated that as a result of the attorney ' s
request, she suggested tabling the application until March
25, 1985 when the attorney and/or applicant can be present .
Edward Stanke of 2660 Pheasant Road stated that the applicant
has been using every means possible to delay the application
and by the time the City resolves the issue the lake will be
open and the boat back into the water. Stanke asked for
immediate action on the application since this has been going
on since September. Stanke stated that an ordinance isn ' t
any good if the City isn ' t going to enforce that ordinance.
Stanke stated that Eller has kept his boat there for two years
and none of the neighbors like it . Stanke explained that he
has had his home for sale and that the location of the boat has
scared off potentialbuyers. Stanke noted that the snow has
melted off and Eller is able to move the boat but Eller
refuses.
Mayor Butler explained that the proper procedure has been
followed and that Eller has responded to the letters of staff
by applying for the variance. Butler noted that sometimes
the process is a little slower than everyone would like, but
that Eller is allowed due process just like anyone else.
Butler stated that the item will be tabled and staff will
notify Eller that action will be taken at the March 25 , 1985 ,
Council meeting regardless of whether applicant and/or
attorney is present.
City Attorney Radio noted for the record that Eller has
submitted a letter stating that he will not park the boat on
his property next year.
Councilmember Frahm moved, Councilmember T. Adams seconded,
to table the Eller variance application until March 25 , 1985 ,
at which time the City will take action on the variance
whether or not the attorney and/or applicant is present.
I�?otion, Ayes ( 3 ) , Nays ( 1 ) .
Councilmember L. Adams voted nay. Adamsfelt that normally
when someone is in violation of a City ordinance, that person
should be issued a citation first. Adams stated that Eller
should be applying for an after-the-fact variance and the
issue promptly resolved.
Zoning Administrator Mabusth explained that the normal
procedure for violators is for staff to write a letter
notifying the resident of that violation and wait for the
resident' sresponse. Mabusth stated then the City writes a
second letter threatening the issuance of a citation if the
residenthasn' t responded. Mabusth noted thatif a resident
stillhasn 't responded, a citation is then issued. Mabusth
explained that Eller responded at the second stage by
applying for the variance claiming that the topography of his
property will not allow the storage of the boat elsewhere on �
his progerty. Mabusth noted that Eller claims that moving '
the boat will harm the boat which was confirmed by a marina,
owner, and the City Engineer.
M'INUTES OF THE ORONO COUNCIL MEE`i'ING FiELD MI�RCH 11 , 1985. PAGE 4
#884 RICHARD ELLER Councilmember L. Adamsfelt that the City is too flexible on
after-the-fact applications . Adams stated that usually
after-the-fact applications are automatically approved.
Planning Commission Chairman Callahan felt that the
enforcement of the ordinances should be dealth with in a
prompt rationale way and agreed with Councilmember L. Adams
that after-the-fact applications are usually approved
because the Planning Commission ' s hands are usually tied.
Councilmember Frahm stated that one reason that the after-
the-fact applications are approved is usually undoing what
has already been done is more harmful to the environment than
to leave alone what has been done.
City Attorney Radio suggested that staff write a letter to
Eller and his attorney extending an invitation to listen to
the tape of the meeting since more discussion did take place.
#888 CATHARINE CRAM
3760 WATERTOWN ROAD
METES & BOUNDS SUBDIVISION
FINAL SUBDIVISION
RESOLUTION #1732 Catharine Cram was not present. Zoning Administrator
Nabusth noted that Cramwill not be able to attend the meeting
and asked Council to go ahead and take action on her
application. Mabusth noted that Mrs. Cram is dividing off a
9 acre parcel of land and is donating it to the University of
Minnesota. Mabusth explained that during the review at the
Planning Commission, the question was raised as to if the
City acquired a quit claim deed would it automatically
separate the two parcels. Mabusth stated that after
discussions with Hennepin County and the Assessor, that the
quit claim deeding to the City would not automatically create
two separate lots and that the property would have a single
property identification number. Mabusth also asked
Council to waive the additional right-of-way involved with
Parcel B and address that at the time Parcel B is subdivided.
Mabusth noted that the lack of services will limit the
University from anything but residential use of the
property.
Mayor Butler stated that Mrs. Cram notified her and wants to
donate to the City the old school building.. Butler
suggested that the Park Commission take a look at the
property for park purposes.
Mayor Butler moved, Councilmember T. Adams seconded, to
approve Resolution #1732 , A Resolution approving a metes and
bounds subdivision creating two parcelsfor Catharine Cram.
Motion, Ayes ( 4 ) , Nays ( 0 ) .
MYNUTES OF THE ORONO COUNCIL MEETING HELD MI�RCH 11 , 1985. PAGE 5
�891 JOHN MILLER
1105 TONRAWA ROAD
VARIANCE 6 CONDITIONAL USE
RESOLUTION #1733 John Miller was present along with architect, D. Pertinen,
from Planning and Design.
Assistant Zoning Administrator Gaffron explained that
Miller proposes to remove the existing home which is located
40 ' from the lakeshore and build a new home 60 ' from the
lakeshore. Gaffron noted that the plan will improve the
existing drainage problem and decrease the hardcover within
the 0-75 ' setback area. Gaffron noted that the hardcover
will increase within the 75-250 ' zone. Gaffron stated that
the applicant was required to apply for a conditional use
permit because of the excessive grading to be done within the
0-75 ' of the lakeshore.
City Engineer Cook stated that his only change to the
proposal was made so that the water would not f low down the
steps in order to prevent erosion.
Mayor Butler noted that extra caution must be taken during
construction and during the grading so that as little as
possible enters the lake. Butler suggested using the mesh
that the highway department. uses to prevent erosion into the
lake.
Councilmember L. Adams suggested grading and sodding the
same day so that the bare land is not left overnight.
Councilmember Frahm felt that any hardcover left in the 0-75 '
setback zone will be deducted from the hardcover allowed in
the 75-250 ' zone.
Councilmember L. Adams moved, Mayor Butler seconded, to
a�prove Resolution #1733 , A Resolution Approving a Variance
and Conditional Use Permit to permit the construction of a
new home and excessive grading subject to staff amending the
resolution to specify the erosion control measures that
should be taken during the grading and construction of the
home. Motion, Ayes ( 4 ) , Nays ( 0 ) .
Councilmember Frahm stated that a grading plan should be
submitted locating the proposed improvements . of the
retaining wall.
#892 THOMAS MORTENSON
1971 FAGERNESS POINT ROAD
VARIANCE
RESOLUTION #1734 Thomas Mortenson was present. Assistant Zoning
Administrator Gaffron explained that Mortenson plans to
construction an addition to his existing home and a garage.
Gaffron stated that the existing garage will be razed.
MINUTES OF THE ORONO COUNCIL MEETING HELD M11RCH 11 , 1985. PAGE 6
#892 MORTENSON Thomas N,ortenson stated that he will be removing a f lat stone
walkway to reduce some of the hardcover. Mortenson noted
that the existing garage extends into the street right of
way. Mortenson stated that Planning Commission asked him to
cut his proposal back to only allow 30 percent hardcover and
he has done so.
Councilmember Frahmfelt that the proposalincluded too much
hardcover allowed for the property.
Mayor Butler noted that the applicant has been subjected to
two 75 ' setbacks .
Councilmember T. Adams stated that the applicant should have
to use the special decking treatment so that the City will not
have to consider the deck hardcover, thereby reducing the
overall hardcover on the property.
Councilmember L. Adams moved, Mayor Butler seconded, to
approve Resolution #1734 , A Resolution Approving a Variance
to Thomas Nortenson to allow the construction of an addition
and a garage limiting the hardcover to 30 percent. Motion,
Ayes (2 ) , Nays (2 ) . Councilmembers Frahm and T. Adams voted
nay.
Councilmember T. Adams moved, Councilmember L. Adams
seconded, to approve Resolution #1734 , A Resolution
Approving A Variance to Thomas Nortenson to allow the
construction of an addition and garage limiting the
hardcover to 27 percent subject to staff adding language to
the resolution concerning the special decking treatment.
Motion, Ayes ( 3 ) , Nays (1 ) .
Councilmember Frahm vote nay. Frahmfelt that this was too
much hardcover to allow within the 0-250 ' setback zone.
�893 SUMMERFIELD FARMS
3800 WAYZATA BLVD
CONDITIONAL USE PERMIT
RESOLUTION #1735 Glenn Nellist and Lowell Schaper were present.
Zoning Administrator Mabusth explained that the applicants
are seeking an amendment to the original resolution that
approved the operation of the store. Mabusth stated that
they are seeking approval of two additional uses of the
store : mini-bakery and delicatessen use. Mabusth stated
that during the review by the Planning Commission,
applicants also expressed their desire to have one picnic
table in the defined sales area to be used by hikers and bikers
that sometimes stop into the store and have no place to
consume the products they have purchased. Mabusth stated
that the intent of the picnic table is not to have employees
serve customers, but to have the customer purchase the item .
from the retail counter. Mabusth stated that the proposal -
does not appear to be an intensification of the existing use.
MINUTES OF THE ORONO COUNCIL MEETING FIELD MARCIi 11 , 1985. PAGE �
#893 SUMMERFIELD Glenn Nellist stated that frozen dough will be used and the
FARMS (CONT. ) store will not be a full fledged bakery that bakes from
scratch. Nellist stated that the delicatessen use will be
sometime later because of Hennepin County' srequirementsand
it will take longer for them to comply.
Mayor Butler felt that the proposed use was not an
intensification but merely a trade off between other things
that are sold .
Mayor Butler moved, Councilmember T. Adams seconded , to
approve Resolution #1735 , a Resolution approving an
amendment to the original resolution allowing them to use a
mini-bakery and delicatessen for preparing of party trays ,
subject to staff underlining the word "served" in the
resolution in order to clarify that the store is not to be used
as a restaurant. Motion, Ayes ( 4 ) , Nays ( 0 ) .
RESOLUTION #1736
RESOLUTION #1737
TAX FORFEIT LOTS Zoning Administratorrlabusthstated that thefirst resolution
is to release tax forfeit lands for sale to adjacent owners .
N,ayor Butler moved, Councilmember L. Adams seconded, to
approve Resolution #1736 , A Resolution releasing tax
forfeited lands for sale to adjacent land owners . Motion,
Ayes (4 ) , Nays (0 ) .
Zoning Administrator N,abusth stated that the second
resolution is a resolution releasing lands for public sale.
Council felt that they would rather keep the propert�� for
park purposes .
Mayor Butler moved, Councilmember L. Adams seconded , to
approveResolution #1737 , and directing staff to revise such
r.esolution to note that the City will retain the lands for
public park purposes . Motion, Ayes ( 4 ) , Nays ( 0 ) .
STATUS MEMO REGARDING
AMENDMENT TO ORDINANCE
10.55 Zoning Administrator Mabusth explained that the Department
of Natural Resources (DNR) has contacted the City asking the
City to adopt their ordinances regarding specific setbacks
for different lakes in Orono. Mabusth noted that the DNR has
not contacted Orono' s surrounding cities that share some of
those same lakes, but still expects the City to adopt their
ordinances.
Mayor Butler moved, Councilmember L. Adams seconded, to
direct staff to draft a letter outlining the City' s wetl.ands
and floodplain ordinances along with copies of the code to be
sent to the DNR. Motion, Ayes (4 ) , Nays ( 0 ) .
• MINUTES OF THE ORONO COUNCIL MEETING HELD MARCH 11, 1985 PAGE 8
MAINTENANCE OF
MUNICIPAL CODE Zoning Administrator Mabusth noted that Roger Jenson will
sell the 25 disks to the City for a price of $38 . 50 . Mabusth
noted that Jensen gave her a price for the word processing fee
which would be $100 for approximately 10 ordinances .
Mabusth stated that the annual review cost for updating 10
ordinanceswould be $1 , 000 . 00 , and thiscomprehensive review
would also include the incorporation of the state statutes
that would apply to the municipal code.
Councilmember L. Adams suggested buying the disks just to
have on hand in case the City ever needs them.
Mayor Butler moved , Councilmember L. Adams seconded, to
direct staff to purchase the 25 disks at the price of $38 . 50 .
Motion, Ayes ( 4 ) , Nays ( 0 ) .
Council felt that the new City Administrator should decide
whether to contract with the Municipal Ordinance Codifiers ,
Inc. since the revisions of the code would not begin until
April , 1985 .
PROPOSED AMENDMENTS OF
HENNEPIN COUNTY PARR RESERVE
DISTRICT ORDINANCE Mayor Butler moved, Councilmember T. Adams seconded , to
direct staff to draft a letter to be sent to the district prior
to the March 28th deadline advising of the City' s position
andsupport of the ordinance amendments . Motion, Ayes ( 4 ) ,
Nays ( 0 ) .
VACATION OF MANOR
CIRCLE Zoning Administrator Mabusth noted that her memo concerning
the vacation of Manor Circle was for information only and
that an official public hearing would be held later.
CABLE TV REPORT Nayor Butler noted that a committee meeting will be held on
Tuesday, March 12 , 1985 .
TRANSPORTATION
REPORT Public Works Coordinator Gerhardson stated that a variance
for County Road 1_5 has been submitted to the Minnesota State
Aid Variance Committee, but that they will not hold
hearings until they receive about 20 variances .
SHARDLUW LETTER Mayor Butler asked staff to extend an invitation to John
Shardlow to attend the Counci 1 meeting of Apri 1 8 , 19 8 5 , to
discuss the possibility of his employment with the City as a
consultant.
JOINT COUNCIL &
PLANNING COMMISSION
MEETING DATE Mayor Butler suggested that the Joint Council and Planning
Commission meeting be held on March 25 , 1985 , from 5 : 00 p.m. -
to 7 : 00 p.m. and after 7 : 00 p.m. the regular Council meeting
will begin.
� t�'IINUTES OF THE ORONO COUNCII, MEETING F3ELD MARCH 11 , 1985 . PAGE 9
REFUND OF WATERMETER
FEE-LARSON PLUMBING*
Councilmember Frahm moved, Councilmember T. Adams seconded,
to approve the refund of $130 to Larson Plumbing for a water
meter. Motion, Ayes ( 4 ) , Nays ( 0 ) .
REFUND - UTILITY
BILL OVERPAYMENT* Councilmember Frahm moved, Councilmember T. Adams seconded,
to approve the refund of an overpayment on a utility bill in
the amountof $49 . 34 to Dorothy Grannes. Motion, Ayes ( 4 ) ,
Nays ( 0 ) .
EQUIPMENT PURCHASE
QUICR COUPLER
STREET DEPARTMENT* Councilmember Frahm moved, Councilmember T. Adams seconded,
to approve the purchase of one quick coupler attachment from
Minneapolis Equipment Company for an amount not to exceed
$3 , 712 for the street department. Motion, Ayes ( 4 ) , Nays
( 0 ) .
CARPET REPLACEMENT
ORONO GOLF CLUBHOUSE*
Councilmember Frahm moved, Councilmember T. Adams seconded,
to award the bid to West Tonka Interiors for an amount not to
exceed $1 , 322 . 60 for carpet replacement within the Orono
Golf Clubhouse.
SIGNATURE PAGE
1985 POLICE CONTRACT*
Councilmember Frahm moved, Councilmember T. Adams seconded,
to approve the signature page of the 1985 police contract .
Motion, Ayes (4 ) , Nays ( 0 ) .
MONTHLY SUMMARY OF
RECEIPTS, DISBURSEMENTS
& BALANCES - JAN. 85*
Councilmember Frahm moved, Councilmember T. Adams seconded ,
to approve the monthly summary of receipts, disbursements ,
and balancesfor January, 1985 , prepared by Finance Director
Kuehn. Motion, Ayes ( 4 ) , Nays ( 0 ) .
MONTHLY LIQUOR
STORE SALES REPORT
FEB. 1985* Councilmember Frahm moved , Councilmember T. Adams seconded,
to approve the monthly liquor store sales report for
February, 1985, prepared by Finance Director Kuehn.
Motion, Ayes ( 4 ) , Nays ( 0 ) .
ADDENDUM #1-
CRYSTAL BAY SEWER
PROJECT SPECS* Councilmember Frahm moved, Councilmember T. Adams seconded,
to approve addendum #1 to the Crystal Bay Sewer Project
Specifications which requires a submersible type lift -
station. Motion, Ayes ( 4 ) , Nays ( 0 ) .
� t✓INUTES OF THE ORONO COUNCIL MEETING IiELD MI�RCH 11 , 1985 . PAGE 10
SET PUBLIC HEARING
DATE - CDBG* Councilmember Frahm moved , Councilmember T. Adams seconded,
to approve the date set for the public hearing concerning
Community Development Block Grand Funds to be held March 25 ,
1985, at 7 : 00 p.m. Motion, Ayes ( 4 ) , Nays ( 0 ) .
LONG LARE SEWER
PLANT PROPERTY* Councilmember Frahm moved , Councilmember T. Adams seconded ,
toaccept the letterwritten by Zoning Administrator Mabusth
to the City of Long Lake concerning the Long Lake Sewer Plant
Property. Motion, Ayes ( 4 ) , Nays ( 0 ) .
1950 SHORELINE DRIVE
REVIEW OF SEWER UNITS
Nancy Rosenthal of 640 Tonkawa Road was present since she was
interested in the property located at 1950 Shoreline Drive.
Assistant Zoning Administrator Gaffron explained that the
property located at 1950 Shoreline Drive has 4 rental units
and that Council should decide how sewer units from the
Crystal Bay Sewer Project will be allocated to the property.
Gaffron noted that the 4 units is a non-conforming use within
that LR-lA zoning district .
City Attorney Radio stated that the City could assess 4 sewer
units to the property and then refund them later if the owner
decides against the 4 units .
Mayor Butler stated that if the City assessed the property
with 4 sewer units that the owner would assume that his 4 units
are a conforming use and that the City likes the idea of the 4
units on the property. Butler stated that the property at
1950 will not meet the guidelines for lower income as the
Crystal Bay area has and that the City will not share in any
assessment for this property and the property will be 100�
assessed.
Councilmember Frahm suggested allocating 4 sewer units to
the property if the owner will not agree to sign off on a
document that says he will get rid of 2 of the units . Frahm
stated if the owner will sign off on a document agreeing to get
rid of 2 of the units, then the City will allocate only 2
units . Frahm stated that under the agreement to allow him
only 2 units , the City should require prompt removal of the 2
units.
Mayor Butler reinforced the fact that if the owner wants 2
units, then he must remove the other 2 units promptly.
Butler suggested giving the owner the choice between 4 units
and 2 units .
A MINUTES OF THE ORONO COUNCIL MEETING HELD M1�RCH 11 , 1985. PAGE 11
DISCUSSION OF CRYSTAL
BAY SEWER ASSESSMENT
HEARING Mayor Butler suggested starting the regular Councilmeeting
at 6 : 00 p.m. - 8 : 00 p.m. on April 22, 1985, and then have the
Crystal Bay Assessment Hearing schedule at 8 : 00 in the Art
Center.
LICENSES* Councilmember Frahm moved, Councilmember T. Adams seconded ,
to approve the following licenses :
Harold, John , Steven Panuska - Firearm Use Permit
Easy Race V - Special Event Permit
Dog House - Commercial Kennel License
Widmer Bros . - Septic System Installer
Motion, Ayes ( 4 ) , Nays ( 0 ) .
BILLS* Councilmember Frahm moved, Councilmember T. Adams seconded ,
that the All Funds Accounts and Liquor Store Accounts be
paid. Motion, Ayes ( 4 ) , Nays (0 ) .
ADJOURNMENT
11:09 PM The regular Council meeting adjourned at 11 : 09 p.m.
ATTE�'T:
� - J'�t�T�<-�.
Do thy M. allin, City Clerk ri r Cr B tler, Mayor
Tom Frahm, Acting Mayor