Loading...
HomeMy WebLinkAbout10-07-1985 Council Minutes . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 7, 1985 PAGE 1 ATTENDANCE 7:00 PM The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Grabek, Frahm, and Hammerel. Councilmember Adams arrived at 7 :26 PM. The following represented the City staff : City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, and City Recorder Peterson. City Attorney Blatz was also present. ORDINANCE LIMITING DEVELOPMENT PUBLIC HEARING 7:00 - ?:22 PM A Public hearing was held to consider an ordinance that would limit development within a defined study area adjacent to Highway 12 during the period of the City' s Comprehensive Planning Study. City Recorder Peterson noted the Affidavit of Publication and Certificate of Mailing. City Administrator Bernhardson reviewed the proposed ordinance noting an amendment to Section 8 to read "ef f ective immediately upon publication" . John Lien, 2700 6th Avenue North, was present and suggested that the Council consider excluding all land within 2000 feet of County Rd. 6 from this study. He stated that he felt a planning study of this area was out of line at this time and should not be included with a study of Highway 12. City Administrator Bernhardson stated that the planners generally like to take a large area to study. He noted that this proposed moritorium ordinance is to limit development during the study period not defrey the study area scope. Councilmember Frahm stated that they must include an area beyond Highway 12 in order to consider a buffer zone. Councilmember Hammerel noted that this study is being done to consider the options of the zoning in this area, not necessarily to rezone the area as commercial property. John Lien stated that County Road 6 is a rural atmosphere and currently has a traffic problem. Gary Roderick, 770 Dickey Lake Drive was present but made no comments. There were no other persons present for this matter and the public hearing was closed. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel , to adopt the moritorium ordinance as amended. Motion carried unanimously, (Ayes 4 , Nays 0 ) . MINUTES OF THE REGUI,AR ORONO COUNCIL MEETING HELD OCTOBER 7, 1985 PAGE 2 ORDINANCE LIMITING DEVELOPMENT continued City Administrator Bernhardson advised that the ordinance does provide for a variance procedure and lists the necessary findings. ,. Diane Schumacher, Maple Plain, arrived late for this Public Hearing but Council gave her the opportunity to be heard. Ms. Schumacher stated that she is interested in a parcel on the eastside of Long Lake south of Hwy. 12 to build a home in addition to operating a commercial kennel. She requested the Councils ' consideration of such a commercialapplication when doing the study of the area. Given that the ordinance had a variance procedure, she requested that if her property was included, she be given consideration for development once the study had reached the appropriate stage. CONSENT AGENDA* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the Consent Agenda* subject to removing item #4, Minutes of the September 23 , 1985 regular Council meeting. Motion, Ayes 4 , Nays 0 . APPROVAL OF MINUTES: SPECIAL MEETING OF SEPTEMBER 18, 1985* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the Minutes of the Special Meeting of September 18 , 1985 as submitted. Motion, Ayes 4 , Nays 0. REGULAR MEETING OF SEPTEMBER 23, 1985 It was moved by Mayor Butler, seconded by Councilmember Hammerel, to approve the Minutes of the Regular Meeting of September 23 , 1985 amending them to include an insert sheet (per attached copy) regarding the Interim Compensation Study. Motion, Ayes 4 , Nays 0 . PARR COMMaSSION COMMENTS There were no comments from the Park Commission. I,AKE MINNETONRA CONSERVATION DISTRICT REPORT There was no report from the Lake Minnetonka Conservation District. PLANNING COMMISSION COMMENTS There were no comments from the Planning Commission. PUBLIC COMMENTS There were no comments from the public at this time. MINUTES OF THE REGUI�IR ORONO COLTNCIL MEETING HELD OCTOBER 7, 1985 PAGE 3 ZONING ADMINISTRATOR'S REPORT: #928 RICHARD PULA 2015 WEBBER HILLS ROAD CONDITIONAL USE PERMIT Richard Pula was present for this matter. He explained his , request for a conditional use permit to allow a non-rental apartment to be constructed within the second story of his garage. Mr. Pula stated that the apartment will be used to care for his mother-in-law. He stated that the proposed apartment will be entirely within the present structure with an internal entrance to the apartment, and that the exterior structure will remain the same. Mr. Pula stressed his concern for caring for his extended family. He also stated that he himself does not wish to see his area turned into rental property and will agree to the limitations to assure the City of its intended use. Councilmember Frahm stated that the staircase and entrance should be designed to blend in with the interior of main residence to appear as a single family residence. He expressed concerns that it could be easily converted into a rental apartment. He also stated that hefelt there should be no door separating the apartment from the main house. Upon the request of Zoning Administrator Mabusth, Mr. Pula stated he would agree to eliminate the kitchen area of the apartment when the use by his mother-in-law ceased. He also was agreeable to yearly inspections. It was moved by Mayor Butler, seconded by Councilmember Hammerel, to direct staff to draft a resolution approving the Conditional Use permit subject to staff ' s recommended conditions to be considered at the October 28th Council meeting and subject to staff ineeting with the applicant during this interim to address Councilmember Frahm' s concerns . Motion, Ayes 5 , Nays 0 . #955 DAVID M. WINTON 1780 SHORELINE DRIVB CONDITIONAL USE PERMIT RESOLUTION #1864 City Administrator Bernhardson explained the request for a Conditional Use �ermit for a guest house on commonly-owner property. He stated that there were no variances needed but should the property be subdivided in the future a rearrangement of the lot line and minor variance would be required. It was moved by Councilmember Adams, seconded by Councilmember Hammerel, to approve Resolution #1864 granting the Conditional Use Permit as drafted. Motion, Ayes 5 , Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 7, 1985 PAGE 4 #963 WILLOW PROPERTIES 700 OLD CRYSTAL BAY ROAD PRELIMINARY SUBDIVISION Applicant Bill Gagne was present regarding this matter. City Administrator Bernhardson explained the preliminary .. subdivision request to divide off 2 acres from an existing 17 .7 acre parcel in order to create a lot for the future use of a day nursery school. He stated that the Council is being asked for conceptual approval of the Wade application until the final subdivision is approved. Bill Gagne noted that Outlot A is the proposed access driveway for the school, future library and a possible third lot. Councilmember Adams expressed concerns regarding road improvements. Mr. Gagne questioned whether the additional 4 units required for the school had to be taken from the original 17 units assigned to his property. Councilmember Adams stated that no units should be assigned from the City reserve until the planning study is completed. The additional four units must come from the original 17 assigned to applicant' s property. It was moved by Councilmember Adams, seconded by Grabek, to approve the preliminary subdivision subject to the Planning Commission recommendations, applicant to install street improvements and fire hydrant as needed per plans and specifications by the City Engineer, and the sewer units come from the allocated 17 units. Motion, Ayes 5 , Nays 0. �962 LAWRENCE C. WADE 670 OLD CRYSTAL BAY ROAD CONDITIONAL USE PERMIT Applicant Lawrence Wade was present for this matter. Also present was Jeri Miller, the Directress for the proposed Countryside Montessori School, and Greg Miller. Zoning Administrator Mabusth stated that the proposed Montesorri School meets all standards and conforms to zoning code. Although the plan meets the minimum parking and emergency vehicle requirements, Council questioned whether there was adequate parking for parent-student functions. It was moved by Councilmember Adams, seconded by Mayor Butler, to conceptually approve the Conditional Use Permit subject to staff bringing back recommendations regarding specifics on parking and design of Outlot A improvements. Motion, Ayes 5, Nays 0 . . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 7, 1985 PAGE 5 #966 CLIFFORD OTTEN 2445 SIXTH AVENUE NORTH ZONING AMENDMENT Clifford Otten was present for this matter. Mr. Otten presented a letter requesting Council to table his rezoning application pending the outcome of the planning study and � waiving his ric�ht within the statutory 60-day period. It was moved }�y Councilmember Frahm, seconded by Mayor Butler, to tab:ie this matter until the appropriate point towards the end of the planning study. Motion, Ayes 5, Nays 0 . 1985 COMMERCIAL MARINA LICENSES* RESOLUTIONS It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the following 1985 Commercial Marina Licenses : Res. #1865 - Sailor' s World Res. #1866 - Minnetonka Boat Works Res. #1867 - Windward Marine Res. #1868 - Crystal Bay Service Motion, Ayes 4 , Nays 0 . CITY ENGINEER'S REPORT: REQUEST FOR PAYMENT City Engineer Coa : was not present due to a prior commitment. City Administrat: r Bernhardson submitted the Crystal Bay Sewer Project R� :uest from A.R. I. Contracting Inc. for Payment #3 in tl�: amount of $155,122. 91 and recommended approval. He als noted that there will be a Change Order #4 and requested per: -ission to proceed with the change order upon telephone ap.�roval by three councilmembers. It was moved by �Payor Butler, seconded by Councilmember Hammerel, to app-�ove Request for Payment # 3. Motion, Ayes 5, Nays 0 . MAYOR'S REPORT Mayor Butler had no report at this time. JEFF STEBBINS REQUEST FOR LONG LARE SEWB1t HOOR-UP Jeff and Cindy Stebbins were present for this matter. City Administrator Bernhardson explained Mr. Stebbin' s request to have a house that he is building that abutts Long Lake be connected to the Long Lake sewer system. He stated that staff recommends denying this request based on past decisions. , MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 7, 1985 PAGE 6 STEBBINS continued Mr. Stebbins noted that although the planned septic system is acceptable, he feels that there will potentially be future problems. .. Zoning Administrator Mabusth stated that staff is convinced that the planned septic system will be effective. Councilmember Frahm stated that if the septic system is feasible it should be done. Mr. Stebbins submitted a foundation boring report for staff to review. It was moved by Councilmember Adams, seconded by Councilmember Frahm, to table this matter for further discussion and staff recommendations until the October 28th Council meeting. Motion, Ayes 5, Nays 0. NO SMORING REQUEST As requested by Council at the last meeting, City Administrator Bernhardson submitted staff ' s recommendation for No Smoking Areas. It was moved by Councilmember Grabek, seconded by Councilmember Frahm, to eliminate smoking during Public Meetings in the Council Chambers. Motion, Ayes 2 (Grabek and Frahm voting aye ) , Nays 3 (Butler, Adams and Hammerel voting nay) . Motion denied. COMMUNITY DEVELOPMENT BLOCR GRANT PROGRAM CRYSTAL BAY SEWER CONNECTION It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the Community Development Block Grant Program for Crystal Bay Sewer Connections. Motion, Ayes 5, Nays 0 . 1986 AUDIT* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve appointment of Pannell Kerr Forster to audit the 1985 fiscal year records and to perform the State of Minnesota required legal compliance audit and the single audit for federal programs at an estimated total cost of $11,650 plus direct expenses. It was also moved and seconded to amend the 1986 General Fund budget from $6 ,050 to $7 , 050 to reflect the added cost for the state mandated legal compliance audit; and to budget $650 from the Federal Revenue Sharing Fund for the single audit of the federal programs. Motion, Ayes 4 , Nays 0 . NOVEMBER 12, 1985 COUNCIL MEETING* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, toschedule Tuesday, Novemberl2 , 1985 as the first Council meeting date in November. Motion, Ayes 4, Nays 0 . ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 7, 1985 PAGE 7 1985 SEALCOAT PROGRAM* BUDGET RESERVE 1986 It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the transfer of $70 ,000 from the 1985 street sealcoating program budget, designated from the 1985 General Fund Balance, to be added to the 1986 ' street sealcoating program budget. Motion, Ayes 4 , Nays 0. CITY RECORDER SALARY ADJUSTMENT* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the recommended salary adjustment from $6.75 per hour to $7 .09 per hour effective October 7 , 1985 for City Recorder Peterson. Motion, Ayes 4, Nays 0 . PART-TIME LIQUOR STORE F.I�IPLOYEE* SAI.ARY ADJUSTMENT It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the recommended salary adjustment to $5. 00 per hour for Part-time Liquor Store employee, Blake Theis. Motion, Ayes 4, Nays 0. PURCEASE HYDRAUI�IC SANDER* - It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve purchase of one hydraulic sander from MacQueen Equipment for $l,686 . 00. Motion, Ayes 4 , Nays 0 . DELINQUENT ALARM OSER ASSESSMENT ROLL* RESOLUTION #1869 It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to adopt Resolution #1869 Providing for the Collection of Delinquent 1985 Alarm User Fee Charges in the amount of $110.00. Motion, Ayes 4 , Nays 0 . DELINQUENT SEPTIC INSPECTION ASSESSMENT ROLL* RESOLUTION #1870 It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to adopt Resolution #1870 Providing for the Collection of Delinquent 1985 Annual Service Charges for the On-site Sewage Treatment Inspection Program in the amount of $3 ,800. 00 , and to add 10 . 0� interest to the amounts due. Motion, Ayes 4 , Nays 0 . DELINQUENT SEWER AND WATER ASSESSMENT ROLL* RESOLUTION �1871 It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to adopt Resolution #1871 Providing for the Collection of Delinquent 1985 Sewer and Water Service Charges in the amount of $33, 345. 21, and to add 8 . 0$ interest to the amounts due. Motion, Ayes 4 , Nays 0 . . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 7, 1985 PAGE 8 CITY ADMINISTRATOR'S REPORT* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve City Administrator Bernhardson' s Information report regarding: 130 Cygnet Place, Goal Setting Progress , 2695 Casco Point Road, Hardcover Progress, Highway 12 Corridor Study, Fall Clean Up '� Day, Personnel Rules, and House Numbers. Motion, Ayes 4 , Nays 0. CITY ATTORNEY'S REPORTi City Attorney Blatz had no report at this time. LICENSES* There were no Licenses to be approved at this time. BILLS* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve payment of the Al1 Funds Accounts and Liquor Store Accounts. Motion, Ayes 4 , Nays 0 . ADJOURNMENT 9:24 PM It was moved by Mayor Butler, seconded Councilmember Hammerel, to adjourn the regular Orono Council meeting at 9 :24 PM. Motion, Ayes 5, Nays 0 . � ATT T: _ \ ` '. '��. r. � ��`� ��., C. �: othy M allin, City Clerk Mary C. Bu�� r, Mayor