Loading...
HomeMy WebLinkAbout09-23-1985 Council Minutes . ._ , . MINUTES OF THE REGUI,AR ORONO COUNCIL MEETING HELD SEPTEMBER 23, 1985 PAGE 1 ATTENDANCE 7 :02 PM The Orono Council met on the above date with the following members present: Acting Mayor Frahm, Councilmembers Grabek, Adams, and Hammerel. Mayor Butler was absent. The following represented the City staff : City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Asst. Building & Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Blatz and City Engineer Cook were also present. CONSENT AGENDA* It was moved by Frahm, seconded by Adams, to approve the Consent Agend��. subject to removing Item #10 Hwy. 12 Corridor Study per councilmember request. Motion, Ayes 4 , Nays 0 . APPROVAL OF MINUTES* It was moved by Frahm, seconded by Adams, to approve the Minutes of the September 9 , 1985 Council meeting as submitted. Motion, Ayes 4 , Nays 0 . PARR COMMISSION COMMENTS There were no Park Commission comments at this time. LMCD REPORT - BOAT DOCK ORDINANCE This issue was mentioned during the Lake MinnEtonka Access/North Shore Drive Parking discussion later in the meeting. PLANNING COMMISSION COMMENTS There were no Planning Commission comments at this time. PUBLIC COMMENTS There were not comments from the public at this time. ZONING ADMINISTRATOR'S REIPORT: �819 WILLIAM MILLS 200 LEAF STREET PRELIMINARY SUBDIVISION City Administrator Bernhardson explained the request to subdivide a 5 . 2 acre parcel into two lots which will both exceed 2 acres, no other variances are requested, and both sites have adequate primary and alternate sites for septic. Zoning Adminstrator Mabusth stated that there are no setback problems, thesubdivision meetsallrequiredstandards. Both lots will have a shared driveway which will require Lot 1 to grant an access easement in favor of Lot 2 and by allowing a shared driveway it would also save many mature evergreen trees. It was moved by Frahm, seconded by Adams, to approve the subdivision subject to staff ' s conditions as outlined. Motion, Ayes 4 , Nays 0 . . , . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 23, 1985 PAGE 2 #930 SHAVER/TEARSE* 1080 FERNDALE ROAD WEST VARIANCE AMENDMENT TO RESOLUTION #1792 It was moved by Frahm, seconded by Adams, to adopt Resolution #1792 as amended granting a setback variance to permit the construction of a principal residence 30 . 8 feet from the rear lot line. Motion, Ayes 4, Nays 0 . #945 R.J. BAUMAN* CONDITIONAI, USE PERMIT RESOI�UTION It was moved by Frahm, seconded by Adams, to continue this matter until the October ? , 1985 Council meeting. Motion, Ayes 4 , Nays 0 . �960 LARL�7IEW GOLF COURSE 409 NORTH ARM DRIVE VAR�ANCE RESOLUTZON #1860 Grant Wenkstern was present for this matter. City Administrator Bernhardson explained the request to construct a 2240 s.f . (1120 s .f . each of two levels ) storage building whereas a variance is required to allow an accessory structure in excess of 1000 s .f. , which will be located 50 ' from a lot line. It was moved by Hammerel, seconded by Frahm, to adopt Resolution #1860 as drafted granting the variance. Motion, Ayes 4 , Nays 0 . #964 STEPHEN & J�iN WATSON 880 PARTENWOOD ROAD VARIANCE RESOLUTION #1861 City Administrator Bernhardson explained the request for a variance of hardcover tradeoff . The proposed hardcover tradeoff would decrease the existing hardcover from 39 . 1� to 38 . 8� (50 s.f . ) . It was moved by Frahm, seconded by Adams, to adopt Resolution #1861 approving th� hardcover variance. Motion, Ayes 4 , Nays 0 . #965 JOHN S. PILLSBURY JR. 1280 BRACKETTS POINT ROAD VARIANCE AND CONDITIONAL USE PERMIT RESOLUTION �1862 Katherine and John S. Pillsbury Jr. were present for this matter. Also present was applicant ' s architect planner, Herb Baldwin. , � . • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 23, 1985 PAGE 3 #965 PILLSBURY continued City Administrator Bernhardson explained the request for a conditional use permit to do excavating within the 0-75 and in the floodplain. City Engineer Cook stated that he has reviewed the site and grading plan and finds no problem with the plan, however it is the DNR' s request that the applicant compensate in the floodplain area. It was noted that the Planning Commission questioned the need to disturb the shoreline in this manner. Frahm stated he felt that the Resolution should incorporate the option to limit the disturbance within the 0-75 ' area subject to approval of the pertinent administrative agencies. It was moved by Adams, seconded by Hammerel, to adopt Resolution #1862 amending it to incorporate the option (as previously stated ) . Motion, Ayes 4 , Nays 0 . HIGHWAY 12 CORRIDOR STUDY "RICR OFF" THURSDAY, SEPTEMBER 26th, 7:30 PM ORONO HIGH SCHOOL CAFETERIA Councilmember Adams stated he wished to discuss this matter before September 26th to make clear the Councils ' intent which was how to allocate the limited sewer capacity and possibly come upwith some unique commercial purposes, but in no way view the entire area as a proposed commercial area. Acting Mayor Frahm stated that it has been misinterpreted that they are looking at the entire study area as a commercial zone, but are merely looking at a small strip along Hwy. 12 with the additional study area being added to consider the effects, which is the purpose of a planning study. He further noted that they were doing the study not to expand the sewer program but to determine the capacity of the existing sewer. City Administrator Bernhardson stated that he will be giving the opening statement at this meeting and will try and make clear its purpose. CITY ENGINEER'S REPORT City Engineer Cook stated he had nothing to report at this time. MAYOR'S REPORT There was no report from the Mayor. NEW BUSINESS It was moved by Grabek, seconded by Frahm, to prohibit smoking during the Council meeting. Motion, Ayes 2 , Nays 2 . Because of the tied vote, this matter will be continued to the next Council meeting. ; ' . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 23, 1985 PAGE 4 CITY ADMINISTRATOR'S REPORT: LARE MINNETONRA ACCESS/NORTH SHORE DRIVE PARRING City Administrator Bernhardson invited the following guest speakers : Kathleen Wallace, Commissioners Administrator for the DNR; JoEllen Hurr, Orono' s LMCD Representative, Inspector Mike Postle and Lt. Larry Peterson, Hennepin County Sheriff ' s Office/Water Patrol; and Senator Gen Olson. City Administrator Bernhardson stated that the primary issues are boating safety on the lake and overall boating activity and also the concerns regarding the North Arm public access. Bernhardson noted the DNR report containing usage statistics for the summer of 1984 . Kathleen Wallace presented some charts showing statistics relating to existing lake use on Lake Minnetonka. She stated that in most cases the private access users and non- accessusers (lakeshore residents ) dominated thefree public access users, in addition, "cruisers" on the lake dominated the other types of use such as fishing, skiing, etc. Councilmember Grabek questioned some of the high and low density areas indicated on the chart. Kathleen Wallace indicated a pattern of where the non-fatal boat accidents have occurred on the lake. She stated that during this past summer, on an average weekday there are an average of 300 boats on the lake, and on an average weekend 1300 boats. Referring to the LMCD data of an instantanious count, Kathleen Wallace stated that from 1973 - 1982 the number of boats ranged from 1200 - 2200 (this is taken from a high use date ) , with a slight increase over time, but no steady increase was found. The accidents statistics from 1975 - 1984 they range from 24 - 45 per year with no patterned increase. Acting Mayor Frahm stated that he felt that the accident rate on Lake Minnetonka is probably ten times higher than on any other lake. Kathleen Wallace stated that the number of accidents have not increased with the number of boats on the lake. Acting Mayor Frahm questioned who dictates that these public accesses must be free. Staff was directed to research that question. JoEllen Hurr stated that the LMCD writes the ordinances that the Sheriff ' s Dept. enforces and that local departments are also able to enforce these ordinances such as bridge jumpers. ', � ' . • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 23, 1985 PAGE 5 LARE MINNETONKA ACCESS/NORTH SHORE DRIVE PARRING continued City Administrator Bernhardson noted that practicality deters the local departments from any major enforcement. Regarding the number of free accesses, JoEllen Hurr stated that the LMCD does not govern any requirements that these must be provided, but are simply just an accounting mechanism. LMCD BOAT DOCR ORDINANCE JoEllen Hurr reported that the LMCD is proposing an ordinance that states an owner must prove ownership for the keeping of more than 2 boats at their dock. As far as she knows, there is no permit required just the proof of ownership and registration. JoEllen Hurr questioned the fact that there is no free access on Lake Independence, you must access through Baker Park. Kathleen Wallace stated that the policy is that no additional charge is required to use the lake access. JoEllen Hurr reported that the LMCD will be establishing their own BWI law which should be in force by next summer. City Administrator Bernhardson introduced Inspector Mike Postle and Lt. Larry Peterson of the Hennepin County Sheriff ' s office and also wished to express thanks to Inspector Postle for his assistance in getting Officer Bob Fischer into our community for a temporary period. Inspector Postle stated that their concerns relate to the enforcement issues on Lake Minnetonka particularly to provide a water patrol on the lake. He stated that the Water Patrol is camprised of regular deputy sheriff ' s which are backed up by regular volunteers (special deputy' s ) of approximately 30-40 members . Inspector Postle stated that BWI is a difficult area to enforce however they are concentrating their efforts in this area mainly because it is directly linked to the accidents occuring. He noted that at this time, if a person refuses to take the implied consent there is nothing they can do about it. He stated that they are suggesting a misdemeanor charge upon refusal. He also noted that they are pursuing the use of personal floatation devices especially after dark. Regarding manpower, Inspector Postle stated that two people were added in the middle of the summer and with that added help, he feels they are adequately staffed. He noted that their overall equipment is some of the finest in the nation. Inspector Postle explained the types of volunteer groups and their functions. He also explained the types of equipment they have. : ' . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 23, 1985 PAGE 6 LAKE MINNETONRA ACCESS/NORTH SHORE DRIVE PARRING continued City Administrator Bernhardson introduced Senator Gen Olson at this time. Senator Olson spoke on the Boating While Intoxicated legislation results and future process. City Attorney Blatz explained the background of the BWI bill. Senator Olson stated that the DNR has been is charge of siting public accesses since 1947 and discovered Lake Minnetonka in 1979. She reported on the implementation of the task force and their recommendations and progress since within the past three years. She noted that there were several areas in which the parking is inadequate or diminishing, and due to this there is going to be pressure to provide more accesses. She stated that her feelings were that with good planning and a coordinated effort involving the local governments the publics interests ' would be served better. She stated that she plans to put considerable attention to this matter. City Adzninistrator Bernhardson stated that staff will report back in November with some policy recommendations. INTERIM COMPENSATION STUDY City Administrator Bernhardson submitted the Interim Compensation Study for 1985 and recommends that the package be adopted in total. Councilmember Adams stated he was in total agreement to the approach taken. It was moved by Frahm, seconded by Adams, to accept the 1985 Interim Compensation Study Plan. Motion, Ayes 4 , Nays 0. The findings of the Interim Compensation study result in the followingsalary adjustmentsretroactive to Januaryl, 1985 : John Gerhardson, Public WorksCoordinator - from $35, 533 to $37 , 500 Tom Kuehn, Finance Diractor/Treasurer - from $33, 402 to $34,666 Winton Burmaster, Asst. Police Chief - from $30 ,925 to $33 ,100 Gary Cheswick, Police Sergeant - from $29 , 544 to $32 ,600 Jack Brinkhaus, Street Foreman - from $28 , 290 to $29 ,500 . � MINOTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 23, 1985 PAGE 7 INTERIM COMPENSATION STUDY continued Bill Carlson, Utility Foreman - from $28 , 030 to 29 ,240 Tom Jacobs, Building Inspector - from $24 , 144 to $25 ,100 Dian Ehrenberg, Liquor Clerk (full-time) - from $13, 000 to $14 , 400 The vacation benefitisadjusted asfollows, retroactive to January 1, 1985 for non-union personnel: For 1 to 5 years of service - 10 days per year For 6 to 15 years of service - 15 days per year For 16 or more years of service - 20 days per year The holidays benefit is adjusted from nine (9 ) in calendar year 1985 to eleven (11 ) effective January 1, 1986 , for non-union personnel, as outlined in the personnel manual. WESTERN HENNEPIN COUNTY* PIONEER ASSOCaATION It was moved by Frahm, seconded by Adams, to approve the request for donation from Western Hennepin County Pioneer' s Association, Inc. Motion, Ayes 4 , Nays 0 . UMBRELLA INSURANCE COVERAGE* It was moved by Frahm, seconded by Adams, to approve the Umbrella Insurance through the League of Minnesota Cities Insurance Trust. Motion, Ayes 4 , Nays 0 . TRUCR HYDRAULICS* It was moved by Frahm, seconded by Adams, to approve the purchase of supplemental hydraulics to the 1976 International dump truck from McQueen Equipment per their bid. Motion, Ayes 4, Nays 0 . FEES FOR REAL�ORS* It was moved by Frahm, seconded by Adams, to approve the recommended fee to realtors for property information effective January l, 1986 . Motion, Ayes 4 , Nays 0 . � • • ' s MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 23, 1985 PAGE � LIQUOR STORE PART-TIME EMPLOYMENT* It was moved by Frahm, seconded by Adams , to approve the temporary part-time employment of RickSeivers. Motion, Ayes 4, Nays 0 . 1986 TAX LEVY* RESOI�UTION #18 6 3 It was moved by Frahm, seconded by Adams, to adopt the Tax Levy Collectible 1986 . Motion, Ayes 4 , Nays 0 . ANNUAL STREET I,IGHTING ASSESSMENT ROLL* It was moved by Frahm, seconded by Adams, to approve the annual street lighting assessment rolls for 1986. Motion, Ayes 4 , Nays 0 . ADMINISTRATOR'S INFORMATION* It was moved by Frahm, seconded by Adams, to accept City Administrator Bernhardson' s Information report regarding: Parade of Homes, BigIsland, Smith-Powers Sewer Matter, 2695 Casco Point Road, and County Road 15. Motion, Ayes 4, Nays 0. CITY ATTORNEY'S REPORT: CRYSTAL BAY APPEALS STATUS City Administrator Bernhardson reviewed the status of the Crystal Bay appeals per information provided by City Attorney Blatz. DRAFT LIMITED DEVELOPMENT ORDINANCE City Attorney Blatz submitted a drafted Limited Development Ordinance for consideration. LICENSES* It was moved by Frahm, seconded by Adams, to approve the following license: Firearms Permit - Park Sportsmen' s Club 3660 Sixth Avenue North Annual License Motion, Ayes 4 , Nays 0 . BILLS* It was moved by Frahm, seconded by Adams, ta approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 4 , Nays 0 . ADJOURNMENT 9:10 PM It was moved by Grabek, seconded by Adams, to adjourn the i Council meeting at 9 :10 PM. Motion, Ayes 4 , Nays 0 . i i ATT T: � . r ' � C�\ ' � , `�, ,r..� -� �...�. othy M Hallin, City Clerk Mary C. �utler, Mayor �-�