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Home My WebLink About12-09-1985 Council Minutes ,, � � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 19�5 ATTENDANCE 7 :01 PM The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Frahm, Adams , Hammerel , and Grabek. The following represented the City staff : City Administrator Bernhardson , Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron , and City Recorder Peterson. City Attorney Blatz and City Engineer Cook �ere also present. CONSENT AGENDA* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the Consent Agenda* subject to the following changes: Addition of Item # 's 26, 27 , 28 ,29, 30 & 31 to Consent Agenda Removal of Item # ' s 32 and 33 from Consent Agenda upon request by Mayor Butler. Motion, Ayes 5, Nays 0. APPROVAL OF MINOTES* It was moved by Councilmember Frahm, seconded by Councilmember Hammerelo to approve the Minutes of the November 25, 1985 Council meeting as submitted. Motion, Ayes 5, Nays 0 . LARE MINAiETONKA CONSERVATION DISTRICT R�PORT: LMCD ORDINANCE - NUMBER OF BOATS AT RESI�EI�iTIAI, I,OTS City Administrator Bernhardson reviewed the first reading of LMCD's ordinance re lating to the number of boats per dock and their permit regulations. Councilmember Grabek stated that he felt the property owner should be allowed the current maximum of four boats as long as they are registered to the property owner. He stated that the LMCD would not actively enforce this ordinance, only upon complaint. He stated that it would impose a burden upon the lakeshore property owners and that the lakeshore taxpayers should not have to pay another fee. In addition, he felt that issuance of the permit should be based upon proof of ownership registrations, not based upon a decision made solely by the Executive Director. Councilmember Frahm stated that he agreed with the intent of the ordinance, but felt that it would be difficult to enforce. Mayor Butler stated that a property owner should not have to justify to the LMCD why they own more than on� boat per 50 feet of lakeshore. 1 � ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 LMCD ORDINANCE continued It was moved by Councilmember Grabek, seconded by Mayor Butler, to direct Orono's LMCD representative to vote against this ordinance and transmit the Council 's concerns relating to the fee being required and decision being made by the Executive T�irector. Motion, Ayes 5 , Nays 0 . Councilmember Grabek stated that he wished to speak out, for the record, regarding the LMCD Executive Director in order for things to be changed. PLANNING COMMISSION COMMENTS Planning Commission member Paul Taylor was present and had no comments at this time. PUBLIC COMMENTS There were no comments from the public at this time. ZONING ADMINISTRATOR'S REPORT: �852 WILLIAM GREGORY* 1410 SHORELINE DRIVE Upon applicant's request, it was moved by Councilmember Frahm, seconded by Councilmember Hammerel , to table this matter until the January 13, 1986 Council meeting. Motion, Ayes 5, Nays 0 . #973 STEVEN RUCE/SCOTT LUSE* 4625-4665 WEST BRANCH ROAD LOT LINE REARRANGEMENT - FINAL APPROVAL RESOLUTION #1891 Steven Ruce was present for this matter. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel , to adopt Resolution #1891 approving a metes and bounds subdivision of a lot line rearrangement for Steven J. Ruce and Scott R. Luse. Motion, Ayes 5, Nays 0 . #929 LYLE E. RAHN 1146 WILDHURST TRAIL CONDITIONAL USE PERMIT RESOLUTION #I892 City Administrator Bernhardson explained the reques� for a conditional use permit and variance for continued use of the existing guest house. Lyle Rahn was present for this matter and stated he had read staff's proposed resolution and basically found no problem with it. He noted that the guest house does not obstruct views and that no neighbors object to the continued use of the guest house. Mayor Butler stated that she felt removal of the structure would be more detrimental than leaving it as is. 2 , � MINUTES OF THE REGUI,AR ORONO COUNCIL I��EETING HELD DECEMBER 9, 1985 #929 LYLE E. RAHN continued Councilmember Frahm stated that he felt this application should be treated as a new conditional use application not referencing the previous records . It was moved by Councilmember Hammerel , seconded by Mayor Butler, to adopt Resolution #1892 approving the Conditional Use Permit and Variance for continued use of a guest house as recommended by staff. Motion, Ayes 5 , Nays 0. #980 RICHARD M. REAVENY #982 JOHN C. LAMBIN 3423 SHORELINE DRIVE 3405 SHORELINE DRIVE PRELIMINARY SUBDIVISION CONDITIONAL USE PERMIT AND REQUEST FOR BUILDING PERMIT COMMERCIAL SITE PLAN REVIEW Upon staff request, it was moved by Mayor Butler, seconded by Councilmember Adams, to table these matters until the January 13 , 1986 Council meeting. Motion, Ayes 5 , Nays 0 . � #986 GEORGE ROVEGNO* 2010 SHORELINE DRIVE VARIANCE/CONDITIONAL OSE PERMIT RESOLUTION #1893 OF DENIAL It was moved by Councilmember Frahm, seconded by Councilmember Hammerel , to approve Resolution #1893 denying Mr. Rovegno's request for a variance and conditional use permit for construction of a fence. Motion, Ayes 5, Nays 0. �988 JAMES E. MERTES 3237 CASCO CIRCLE RENEWAL VARIANCE RESOLUTION City Administrator Bernhardson explained the request for renewal of a lot area and lot width variances previously granted in February 1984. Councilmember Frahm stated that applicant should be put on notice that no further setback variances would be granted to this property. Rosemary and Jim Mertes were present for this matter. Mr. Mertes stated that they have not yet designed a home for the lot but are considering a 2-story 35 foot wide home. Mayor Butler stated that in addition to maintaining the required 10' side setbacks, she felt 20 ' between the adjacent house and new residence should also be maintained. Mr. Mertes stated that by maintaining 20' between the adjacent house and proposed home would require him to build a home less than 35 ' wide as planned. 3 , ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 �988 JAMES E. MERTES continued Council stated that they would like the survey to include �he location of the house to the south. It was moved by Councilmember Hammerel , seconded by Councilmember Adams, to table this matter until the January 13 , 1986 meeting in order to amend the resolution incorporating the 20' setback between homes and pending a survey with location of adjacent house to the south. Motion, Ayes 5 , Nays 0. #9 9 4 FRANIC RORESH 4100 WATERTOWN ROAD CONDITIONAL USE PERMIT RESOLUTION �1894 City Administrator Bernhardson explained the request for a conditional use permit for a public riding stable. Representing the applicant's was their attorney, Lou Oberhauser. He noted that the applicant has never rented horses to the public and has had a maximum of 5 full-time employees. He stated that applicant felt that review of the candtional use permit annually was unnecessary. Zoning Administrator Mabusth stated that the Planning Commission recommended annual review in order for the city to keep tabs on the operation. It was moved by Councilmember Frahm, seconded by Mayor Butler , to adopt R�solution # 1894 approving the conditional use pern�it and variance for a public riding stable subject to the following conditions : l. The total number of full and part time employees hired by the applicant ' s to assist in the commercial horse operation shall not exceed the level of 5 employees except for events covered by a Special Events permit. 2. Horses main�tained on property shall not exceed the number allowed per Section 10 . 27 Subd. 4 (A) . Motion, Ayes 5 , Nays 0. CITY ENGINEER'S REPORT: CONTRACTOR'S ESTIMA�E #5 A.R.I. CONTRACTING INC. It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve the Request for Payment #5 from A.R.I. Contracting Inc. in the amount of $35,887.89 for Crystal Bay Sanitary Sewer improvements. Motion, Ayes 5 , Nays 0. 4 : ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 CONTRACTOR'S ESTIMATE �2 WM. MUELLER � SONS INC. It was moved by Mayor Butler, seconded by Councilmember Hammerel, to approve the Request for Payment #2 from Wm. Mueller & Sons Inc. in the amount of $61 , 108.55 for Wi 1 low Drive and Crysta 1 Bay Road Over lay. Motion, Ayes 5, Nays 0 . CHANGE ORDER #5 CRYSTAL BAY SEWER PROJECT City Administrator Bernhardson explained the need for Change Order #5 in order to allow the capability to provide emergency power to the lift station. He noted that this item should have been anticipated and provided for in the specifications , but was not. City Engineer Cook r�commended approval of this change order. � It was moved by Mayor Butler, seconded by Councilmember Frahm, that the Council approve Change Order #5 for the Crystal Bay Sewer Project 85 -1 in the amount of $3, 622 . 50 . Motion, Ayes 5 , Nays 0 . MAYOR'S REPORT Mayor Butler had nothing to report at this time. CABLE TV REPORT: RATE INC�tEASE* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the City Council of Orono accept the information as transmitted. Motion, Ayes 5, Nays 0 . CABLE TV PUBLIC ACCESS* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel , that the Council accept the information as transmitted to Council without further action. Motion, Ayes 5, Nays 0 . CITY ADMINISTRATOR'� RBPORT: HIGHWOOD ACCESS RESOLUTION #1895 Following a brief Council discussion, it was moved by Councilmember Grabek, seconded by Mayor Butler, that the City Council adopt Resolution #1895 limiting the access of motorized vehicles on the Highwood access between Lots 23 and 24, Highwood Lake Minnetonka. Motion, Ayes 5, Nays 0. 5 • ' M7NUTES OF THE REGUI,AR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 SUBURBAN HENNEPIN COUNTY PARR DISTRICT PRESENTATION AND NOERENBERG PARR Representing the Suburban Hennepin Regional Park District were Marty Jessen, Neil Weber , and Bob Wicklund. Mr. Jessen explained the background of the Park District's structure noting that Minneapolis is no longer a part of the Park District. He reported the significant changes within the past year. Mr. Jessen presented a proposed site plan for Noerenberg Park. At this point, a short slide and sound presentation was made regarding the makeup and budget of the Park Reserve. 1535 BOHN'S POINT ROAD � Representing Mr. Ulrich was his project consultant, John Noble. City Administrator Bernhardson reviewed staff's memo regarding the height of bui lding. He noted that based on Orono's current code, the building is in conformance based on the "mean" height. Zoning Administrator Mabusth noted that regarding the issue of grading and filling, a landscape plan will be submitted along with an application for an after-the- fact conditional use permit to the Planning Commission at their January meeting. Councilmember Adams stated that he felt a maximum height should be addressed in the ordinance rather than a "mean'° height. Zoning Administrator Mabusth stated that she felt being more restrictive in height might tend to dictate the size and design of homes. M.L. and Virginia Sweatt, 3225 Bohn's Point Lane, were present for this matter. Mrs. Sweatt stated that she felt the height and massiveness of the structure does not conform with the spirit of Bohn' s Point. She believes the City should have maximum size restrictions . Councilmember Hammerel stated he felt projects this size should be presented before the Council for review before issuance of a building permit even though they conform with existing code. It was moved by Councilmember Grabek, seconded by Mayor Butler, to accept the information from staff r�garding the Ulrich property and continue to maintain a vigilance of the property. Motion, Ayes 5, Nays 0. 6 � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 LIQUOR STORE OPERATIONS City Administrat�r Bernhardson reviewed with the Council staff's memo regarding the liquor store operations and the strategic business plan for 1986 . It was moved by Mayor Butler, seconded by Councilmember Hammerel , that the Council take under advisement the information given by staff and that the item be placed on the agenda for January 13, 1986 for discussion. Motion, Ayes 5, Nays 0. LARE MINNETONRA USE AND ACCESS City Administrator Bernhardson reported on the direction taken by the Metro Council Task Force which is recommending that no additional access points be established an Lake Minnetonka should the communities involved provide the necessary 700 secured parking spots. It was moved by Mayor Butler, seconded by Councilmember Adams, that the staff be directed to express Council 's direction regarding Lake Minnetonka use and access at the appropriate meeting between now and the January 13, 1986 meeting. Motion, Ayes 5 , Nays 0 . MINNEHAHA CREER WATERSHED- LARE MINNETONRA LARE LEVEL POLICY It was moved by Mayor Butler, seconded by Councilmember Hammerel , that staff transmit to the Minnehaha Creek Watershed District the Council ' s concerns and recommendatio.��s as it relates to their existing lake level control policy in preparation for its renewal. Motion, Ayes 5 � Nays 0 . HEALTH INSURANCE City Adminis �_rator Bernhardson reviewed staff recommendations for non-union health insurance for 1986 . It was moved by Councilmember Adams , seconded by Councilmember Grabek, to approve Recommendation A and table Recommendations B & C for further discussion. Motion, Ayes S ,Nays 0 . CITY VEHICLE POLICY It was moved by Councilmember Adams , seconded by Councilmember Hammerel , to adopt the policy statement regarding use of City owned vehicles as presented. Motion, Ayes 5 , Nays 0. PLANNING COMMISSION AND PARR COMMISSION APPOINTMENTS FOR 1986 City Administrator Bernhardson reported that Planning Commission members Kelley, Taylor, and Sime's terms were up and Park Commission member Lester Kelley's term is up. He noted the potential candidates listed in his memo. 7 ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEI�BER 9, 1985 APPOINTMENTS FOR 1986 continued Mayor Butler stated that she felt uncomfortable with re- appointing Planning Commission member Sime. She noted that she felt Mr. Sime uses his position as a Planning Commission member as a launching pad for other outside endeavors. She stated that she would like an opportunity to interview other interested candidates. It was moved by Councilmember Hammerel , seconded by Councilmember Adams, to table this matter until the January 27, 1986 Council meeting for the opportunity to interview other interested candidates. Motion, Ayes 5, Nays 0 . ALBERTA STROM RESOLIITION #1896 It was moved by Mayor Butler, seconded by Councilmember Grabek, that the Orono City Counci 1 extend�s its condolences to the family of Alberta Strom on her death by adoption of Resolution #1896. Motion, Ayes 5, Nays 0. MUNICIPAL STATE AID DESIGNATION* RESOLUTIONS #1897, #1898, #1899 It was movec by Councilmember Frahm, seconded by Councilmember Hammerel, that Council adopt Resolutions #1897 , #1898 , and #1899 establishing the appropriate Municipal State Aid road designation effective January l, 1986. Motion, Ayes 5 , Nays 0. REVENiJE SHARING* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel , to approve the transfer of $ 18 , 561 . 55 from the Revenue Sharing Fund to the Improvement and Equipment Outlay Fund for reimbursement c�f 1985 budgeted expenditures. Motion, Ayes 5 , Nays 0. COMIMUNICATION EQUIPMENT* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel , that the Orono City Council approve the expenditure of $12,845, a $644 increase over the amount budgeted in 1986 for computer communications equipment. Motion, Ayes 5 , Nays 0 . EQUIPMENT AND MATERIAL �PEC 1986* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel , that Council approve the specifications and documents for furnishing equipment and material for the year 1986 . Motion, Ayes 5, Nays 0 . SQUAD CAR PURCHASE* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel , that the City Council approve acceptance of the bid award of Hennepin County to Southdale Ford for purchase in 1986 for 3 squad cars. Motion, Ayes 5, Nays 0. 8 . ' MINUTES OF THE REGDLAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 METRO WASTE CONTROL/* ORONO INTERCEPTOR PROJECT It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the City Council accept the information from staff relating to the MWCC/Orono Interceptor. Motion, Ayes 5 , Nays 0. 1986 CITY FEE SCHEDULE - ORDINANCE It was moved by Councilmember Adams , seconded by Councilmember Frahm, to table this matter until the December 23, 1985 special meeting. Motion, Ayes 5, Nays 0 . 1986 SAL�RY SCHEDULE RESOLOTION #1900 City Administrator Bernhardson requested that the six liquor store employees and salaries be deleted from the salary schedule to be reviewed at a later date. � It was moved by Mayor Butler, seconded by Councilmember Adams, to approve the 1986 Salary Schedule as amended. Motion, Ayes 5, Nays 0. SPECIAL COIJtJCIL MEETING* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel , the City Council has been informed of the special meeting set for December 23 , 1985 at 5 : 00 PM. Motion, Ayes 5 , Nayes 0. POLICE OFFICER EMPLOYMENT* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, that the Administrator be given the authority to employ the following individuals that meet all the City's criteria on the dates listed in memo: Brian Clark James Cornick, Jr. Mary M. Hensel Mark Thomton Motion, Ayes 5, Nays 0. SENATOR DAVID DURENBERG$R'S STAFF VISIT* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel , the City Council has been informed that Senator Dave Durenberger's staff will be available to the City and the public for discussion regarding matters handled on the federal level on Thursday, December 12, 1985 from 1 : 30 to 4 : 00 PM in the Council Chambers. Motion, Ayes 5 , Nays 0 . ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel , to accept City Administrator Bernhardson's information report regarding: Crystal Bay Sewer, C.D.B.G Special Assessments Program, Hardcover, Administrator's Goal Setting, Golf Course, and Stubbs Bay School. Motion, Ayes 5, Nays 0. 9 . ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 CITY ATTORNEY'S REPORT City Attorney Blatz stated that she will be on vacation during the month of January and will be unable to attend the two council meetings , but the City will be appropriately represented. LICENSE* It was moved by Councilmember Frahm, seconded by Counci lmember Hammere 1 , to approve the f o 1 lowing license: Mr. & Mrs. Frank Kokesh - Home Occupation License 4100 Watertown Road Sell by Mail Order/Telephone - Tack, silk, etc. Motion, Ayes 5, 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 5, Nays 0. ADJOURNMENT It was moved by Mayor Butler, seconded by Councilmember � Grabek, to adjourn the regular Council meeting at 10:21 PM. Motion, Ayes 5, Nays 0. ATTE T: G�� /_ � � l : l % �� /C��,- o thy M allin, City Clerk Mary . Butler, Mayor Tim A ams , Acting Mayor lp