The URL can be used to link to this page

Home My WebLink About11-12-1985 Council Minutes .� ' .� MINUTES OF THE REGULAR ORONO COUN`CIL MEETING HELD NOVEMBER 12, 1985. PG. 1 ATTENDANCE 7:02 PM The Orono Council met on the above date wi.th the following members present: Mayor �utler, Councilmembers Frahm, Adams, and Hammerel. Councilmember Grabek was absent. The following represented the City staff : City Administrator Bernhardson, Building and Zoning Administrator Mabusth, Public Works Coordinator Gerhardson, and City Recorder Peterson. City Attorney Blatz and City Engineer Cook were also present. WESTERN HENNEPIN COUNTY PIONEER ASSOCIATION REPRESENTATIVE Present, representing the Western Hennepin County Pioneer Association, were Jim Dillman, Ken Turnham, and Dan Mendelson. Jim Dillman handed out some literature to the Council regarding the Museum and thanked the City for its continued support of an annual donation. It was noted that the Museum is open to the public on Sundays from 2 :00 to 5 :00 PM. CONSENT AGENDA* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the consent agenda* subject to removal of Item #10 #986 Rovegno per Mayor Butler' s request. Motion, Ayes 4 , Nays 0 . APPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the Minutes of the October 28 , 1985 Council meeting as submitted. Motion, Ayes 4 , Nays 0 . PARR COMMISSION COMMENTS There were no comments from the Park Commission at this time. PLA,NNING COMMISSION CQMMENTS Planning Commission Chairman Callahan was present and had no comments at this time. PUBLIC COMMENTS -Curt Quady, 1223 South Brown Road, was present stating his disapproval of persons who are able to obtain variances after they have constructed illegal structures. -Gary Printup, 1261 Briar Street, was present inquiring about the status of the Crystal Bay sewer project and when they can expect to hook up. Engineer Cook advised him that they will start inspecting the lines this week and possibly some hook-ups will start being made next week. City Administrator Bernhardson told Mr. Printup to contact Public Works Coordinator Gerhardson next week for a more accurate hook-up date. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 12, 1985. PG. 2 ZONING ADMINISTRATOR'S REPORT: #921 VAN EECKHOUT BUILDING CORP.* 2135 SALEM COURT VARIANCE RESOLUTION #1881 It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve Resolution #1881 granting a variance to permit the construction of an attached garage located 11 feet from the northerly side lot line where a 30 foot setback is normally required. Motion, Ayes 4 , Nays 0. #852 WILLIAM GREGORY 1410 SHORELINE DRIVE CONDITIONAL USE PERMIT AND VARIANCE Representing the applicant was their consultant, Greg Kopischke. City Administrator Bernhardson submitted the proposed wetlands alteration for conceptual review and direction. Greg Kopischke commented on staff ' s recommendation regarding use of spoils. Councilmember Frahm felt that there was no objective criteria to support this type of project and felt it would be setting a negative precedent. Councilmember Adamsfelt that this should be considered and indicated as a "test catagory" in order to limit further applications for this type of project. City Administrator Bernhardson stated that due to the f 1ow in this particular area, it would not prove to be a good test area. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to table this matter for further study in order to establish criteria guidelines. Motion, Ayes4, Nays 0 . #906 SHIRLEY McWILLIAMS 1120 AND 1130 WILLOW DRIVE SOUTH FINAL SUBDIVISION RESOLDTION #1882 LaDean McWilliams, 1130 Willow Drive South, was presentfor this matter. City Administrator Bernhardson explained the request for a metes and bounds subdivision of a lot line rearrangment which also requires a setback variance of 7 ' for an existing accessory structure. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 12, 1985. PG. 3 #906 McWILLIAMS continued It was moved by Councilmember Adams, seconded by Councilmember Frahm, to adopt Resolution #1882approving the metes and bounds subdivision of a lot line rearrangment as proposed. Motion, Ayes 4 , Nays 0. #976 CALVIN KORTH 2615 LYRIC AVENUE CONDITIONAL USE PERMIT RESOLUTION #1883 Calvin Korth was not present for this matter. City Administrator Bernhardson explained the request for a conditional use permit to keep a pet pygmy goat. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution #1883 approving the Conditional Use Permit to keep a pet goat subject to staff ' s recommendations. Motion, Ayes 4 , Nays 0. #980 RICHARD M. REAVENY 3423 SHORELINE DRIVE PRELIMINARY SUBDIVISION City Administrator Bernhardson explained the impact of the proposed dedicated right-of-way requested by the County which effects the lot size of Lot 1 and would result in the loss of approximately ten parking stalls on Lot 2. Richard M. Keaveny was present for this matter and stated he was recently infarmed of the proposed right-of-way and is against dedication to the County. Zoning Administrator Mabusth stated that staff would like to analyze the parking of the total area. City Engineer Cook pointed out the problems with the parking by the loss of the right-of-way. Mayor Butler stated she would like to see joint use of parking spaces along with the dedication of the right-of-way in order to solve the problem. Mayor Butler stated that based upon the hours of operation of the existing establishments and that the proposed "Chicken Joint" is designed to be a take-out restaurant, a workable solution for parking should be available. Michael McEneny, 2499 Kelly, was present to voice his concerns regarding the possible odors from the proposed "Chicken Joint" and the measures that would be taken to control this. Councilmember Adamsfelt Mr. McEneny' s concern was valid and should be considered. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 12, 1985. PG. 4 #980 REAVENY continued It was moved by Councilmember Adams, seconded by Councilmember Hammerel, to table this matter until the November 25th Council meeting for staff to work on the problems of parking and pollution control. Motion, Ayes 4 , Nays 0. #982 JOHN C. LAMBIN 3405 SHORELINE DRIVE CONDITIONAL DSE PERMIT Joe Gorecki was present representing applicant. Due to the tabling of the previous subdivision request ( #980 ) which directly relates to this matter, City Administrator Bernhardson requested council review this matter for conceptual approval subject to final subdivision. Councilmember Adams stated the sizing of landscape should be indicated on the plans. Planning Commission Chairman Callahan noted the concerns of the traffic flow pattern on Kelly Ave. City Engineer Cook explained his proposed sketch (Exhibit F) f or traf f ic pattern. It was moved by Councilmember Hammerel, seconded by Councilmember Frahm, to table this matter subject to final subdivision of #980. Motion, Ayes 4 , Nays 0 . #986 GEORGE ROVEGNO 2010 SHORELINE DRIVE VARIANCE/CONDITIONAL USE PERMIT RESOLUTION George Rovegno was not present for this matter. Curt Quady, 1223 South Brown Road, questioned whether applicant had a building permit when he constructed the fence, and if not, should be penalized. He further stated that by allowing this fence would create problems with fences being constructed all along the lakeshore. City Administrator Bernhardson advised Mr. Quady that a building permit is not required for a fence under 6 ft. The issue is whether or not a fence over 3-1/2 feet is allowed and/or allowing an accessory structure on property which does not support the primary structure. Mayor Butler stated that she felt by allowing the fence to remain would be setting a critical precedent. Gary Printup, 1261 Briar Street, noted that County Rd. 15 is a designated scenic park route in accordance with the Orono Comprehensive Guide Plan. He voiced hisobjectionswith the Council approving the fence after the Planning Commission denied the fence. MINUTES OF THE REGUI,AR ORONO COUNCIL MEETING HELD NOVEMBER 12, 1985. PG. 5 #986 ROVEGNO continued Councilmember Adams stated that an after-the-fact variance fee should be applied. Jack Spence, 2040 North Shore Drive, stated that it was a "homely fence" and asked who would incurr the cost of damages to the fence from snow plows and/or snow removal. Mayor Butler stated that applicant has an agreement with the County regarding damages. Zoning Administrator Mabusth noted that applicant' s variance request is to allow a fence 2" over the allowed height. Curt Quady stated the issue is that the fence is blocking the view of the lake. LaDean McWilliams, 1130 Willow Dr. S. , stated that perhaps the definition of "fence" should be changed. Sandy Sandgren, Crystal Bay, stated that the fence creates visual hazards. Public Works Coordinator Gerhardson stated that thefence at its present height is definitely a hazard but would not be a hazard at 3-1/2 feet in height. Mayor Butler noted that this fence issue must be resolved because the public access is to be opened on December 1, 1985. Council felt it inappropriate to make a decision on this issue without the applicant being present. City Attorney Blatz was instructed to reveiw the ordinance to determine whether a fence is allowed within 75 ' of lakeshore. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to table this matter until the November 25th Council meeting, to determine the need for a variance for an accessory structure and its impact, so applicant can be present, and amend the existing resolution delaying the opening of the Spates public access until December 15th. Motion, Ayes 4, Nays 0. CITY ENGINEER'S REPORT: REQDEST FOR FINAL PAYMENT* JEDLICRI, INC. HIGHWAY 12 DITCH GRADING It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the Final request for payment from Jedlicki, Inc. for T.H. Highway 12 Sanitary Sewer Repair and Ditch Grading in the amount of $1, 215 . 00. Motion, Ayes 4 , Nays 0 . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 12, 1985. PG. 6 CRYSTAL BAY SEWER PROJECT* CONTRACTOR'S ESTIMATE #4 It was moved by Councilmember Frahm, seconded by C Hammerel, to approve the request for payment #4 from A.R.I. Contracting, Inc. for Sanitary Sewer Improvements Crystal Bay in the amount of $121,731. 07 . Motion, Ayes 4, Nays 0. WILLOW DRIVE* CONTRACTOR'S ESTIMATE #1 It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the request for payment #1 from Wm. Mueller & Sons, Inc. for Willow Drive Overlay-Old Crystal Bay Road Overlay in the amount of $30, 324. 47 . Motion, Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT: . 7.�ARE MINNETONRA DSE AND ACCESS City Administrator Bernhardson stated that LMCD Chairman Robert Rascop was unable to be present as planned. He noted that a representative from the LMCD would be present at the November 25, 1985 Council meeting. Dan Regan, 3410 North Shore Drive, was present and inquired about the possibilities of getting "no parking" posted along North Shore Drive and the impact of the DNR presently on Lake Minnetonka as it reflects this request. Mayor Butler stated that the general public would probably be very much against a "no parking" zone. City Administrator Bernhardson introduced Senator Gen Olson. Senator Olson discussed her feeling regarding the DNR and their methods for siting "free" public accesses as it pertains especially to the Lake Minnetonka community areas. She felt that the City' s should be involved in the sitings. Senator Olson noted that Lake Minnetonka is the fifth busiest lake in the country. She spoke on the problems they have encountered in Minnetrista regarding public accesses. Councilmember Frahm had concerns regarding the responsi- bility of maintenance of the "free" public accesses. Mayor Butler noted the public safety problems once the boats are on the lake. It was moved by Mayor Butler, seconded by Councilmember Frahm, to continue the Lake Minnetonka Use and Access discussion until the November 25 , 1985 Council meeting. Motion, Ayes 4 , Nays 0 . MINUTES OF THE REGUI.AR ORONO COUNCIL MEETING HELD NOVEMBER 12, 1985. PG. 7 MARINA LICENSING AND LAND USE It was moved by Councilmember Hammerel, seconded by Councilmember Adams, that Counciltable the issues of marina licensing and land use for further consideration at the December 9th Council meeting. ORDINANCE REVISIONS Exterior Building Construction - Councilreviewed the drafted Ordinance No. 14 , Second Series regarding exterior building time of construction. It was moved by Mayor Butler, seconded by Councilmember Adams, that Council adopt Ordinance No. 14 , Second Series regarding exterior building construction as an amendment to Ordinance No. 12. 05. Motion, Ayes 4 , Nays 0. Parades and Special Events - Council reviewed the drafted Ordinance No. 17 , Second Series regarding Showsand Large Assemblies and Parades and Special Events. Council felt that one-time events should probably be excluded from this ordinance. It was moved by Councilmember Hammerel, seconded by Mayor Butler, to table this ordinance revision for further review untilthe January 13, 1986 Council meeting. Motion, Ayes 4 , Nays 0. 1986 SCHEDULE AND HOLIDAYS Council reviewed the proposed 1986 schedule and holidays. It was moved by Mayor Butler, seconded by Councilmember Hammerel, that the meeting schedule as set forward be adopted subject to change as need be together with adopting officially the 1986 holiday schedule. Motion, Ayes 4 , Nays 0. PERSONNEL RULES City Administrator Bernhardson submitted the proposed Administrative and Personnel Policy and requested that Council table this to give City Attorney Blatz the opportunity for a final review. It was moved by Councilmember Hammerel, seconded by Councilmember Frahin, that City Council table consideration of the rules until its November 25, 1985 meeting. Motion, Ayes 4, Nays 0. ADDITION TO DELINQUENT SEPTIC ASSESSMENT ROLL* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to amend the 1985 delinquent septic charges assessment roll levy #10007 to include $140. 00 for the properties listed on page 15 of the certification roll. Motion, Ayes 4 , Nays 0. . - .. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 12, 1985. PG. 8 EQQIPMENT ACQUISITION AND DISPOSITION* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the Council direct staff to undertake the necessary steps to accomplish the acquisition and disposition as outlined. Motion, Ayes 4, Nays 0 . STEBBINS DENIAL* RESOLOTION #1884 It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that Resolution #1884 be adopted denying sewer access to Long Lake sewer for the property in question. Motion, Ayes 4, Nays 0 . CRYSTAL BAY FUTURE CONNECTION CHARGE* RESOLUTION #1885 It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the City Council adopt Resolution #1885 setting forth the policy for future non- assessed hookups to sewer in the Crystal Bay area. Motion, Ayes 4, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to accept City Administrator Bernhardson' s memo regarding: Goal Setting Status, Acting Administrator, Minnetonka Gun Club, Schlee Development, and Big Island Veteran' s Camp. Motion, Ayes 4, Nays 0 . CITY ATTORNEY'S R$PORT City Attorney Blatz requested the Council enter into Executive Session at this time. LICENS$S* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the following licenses : Ingelside Engineering & Construction Inc. - Septic System Installer License Discount Flowers - Solicitor' s License MPIRG - Solicitor's License Motion, Ayes 4 , Nays 0. BILLS* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 4, Nays 0 . ADJOURNMENT 10:33 PM It was moved by Mayor Butler, seconded by Councilmember Adams, to adjourn the regular Council meeting at 10 : 33 PM. Motion, Ayes 4, Nays 0. t� �. AT T: . � ��\C��.,� �. _�,,, �. 0 othy M, allin, City Clerk Mary C. B er, ayor