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HomeMy WebLinkAbout08-28-1995 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 281, 1995 • ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Jr., Council Members, J. Diann Goetten, Gabriel Jabbour, Charles Kelley, and JoEllen Hurr, who arrived after the vote of the Consent Agenda, item #1. Representing Staff were City Administrator Ron Moorse, Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Tom Barrett, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items #6, 10, and 11 were added to the Consent Agenda. Goetten moved, Kelley seconded, to approve the Consent Agenda as amended. Ayes 4, Nays 0. ( #2) LAKE MINNETONKA COMMUNICATION COMMISSION'S PROPOSED 1986 BUDGET - JIM DANIELS Jim Daniels, Cable Administrator, and Commissioner Tim Pattrin, were present to relay information to the Council on the Lake Minnetonka Communication Commission's budget for 1996, which was recently approved by their commission. is The Council was informed of a bill passed in the Congress concerning local programming and maintaining the right of way easements under local control. A refund of $100,000 of cable fees was made this past year to reflect reduced basic rates to subscribers. A refund of State government tax was also received. The Disney Channel was moved to a tier 2 service from a premium status resulting in cost reduction to subscribers. The Council was notified that an opening was available for televising an 8th city council meeting, if interested. Kelley questioned the number of subscribers and increase in subscribers, whether members were surveyed of their satisfaction with their cable, how the funding is originated for the commission, and if balance sheets were available for review. Jim Daniels informed Kelley that there were approximately 7300 subscribers among the 15 communities served. Although the commission has no access to information on the number of members lost, a complaint process is in place. The commission has two representatives from each community on its board. The commission is funded from a 5% franchise fee received from the gross profits of the cable companies. Information on the commission budget and balances are supplied to the cities involved on a quarterly basis. A fund is available for unforeseen costs such as audits and lawyer fees. Callahan asked about proposed congressional legislation, which Daniels said is expected • to pass as stated with major impact on cable service. 1 r MINUTES OF THE REGULAR ORONO CITY COUNCIL r MEETING HELD ON AUGUST 28, 1995 ( #2 - Lake Minnetonka Communication Commission - Continued) • Jabbour said the City is fortunate to have Tim Pattrin on the commission. Pattrin has recently been elected vice -chair of the commission. It was noted that recent resolution has been made regarding complications between Triax and the schools over the local studio, which was closed last fall. The commission has taken over the management and control of the local programming access and is looking for a place to house the studio in the west franchise area. Jabbour moved, Kelley seconded, to support the 1996 budget of the Lake Minnetonka Communication Commission. Ayes 5, Nays 0. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF AUGUST 14, 1995 Goetten moved, Kelley seconded, to approve the Minutes of the Regular Meeting of the City Council of August 14, 1995. Ayes 4, Nays 0. PARK COMMISSION COMMENTS Park Commissioner Howells informed the Council that the award presentation for the Friends of the Park will be celebrated at the November 6, 1995 meeting of the Park • Commission. PLANNING COMMISSION COMMENTS No member of the Planning Commission was present. PUBLIC COMMENTS Sam Marfield, resident of Scotch Pine Lane since 1974, reported to the Council his desire, as well as that of several neighbors, Doug Hill and Bill Toles, to vacate the street. It is their desire to ask the County for a curb cut off of CoRd 51 and replant the area with trees. The application will be going before the upcoming Planning Commission. Marfield asked for input from the Council. Callahan said he would recommend their proceeding with the application. Mayfield was informed that the Council is presently studying the driveway problem. The application could be held up because of the moratorium but would be dependent on the details. Hurr asked if the lot lines would remain the same. Lots lines will be proposed for change along with the vacation in order to allow the Hills lot to be continuous to the lake. is 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 28, 1995 ZONING ADMINISTRATOR'S REPORT • #4 #2033 DONALD & ARLENE KIELLEY, 1670 SHADYWOOD ROAD - t ) VARIANCES - RESOLUTION TABLED Mr. Kielley and contractor, Jerry Roelofs, were present. Mabusth reported that an amended plan presented two options for reduction in structural coverage and hardcover. The original proposal showed an increase of 510 s.f of structural coverage for a 4% variance. Option A would have an increase of 362 s.f for a 3% variance. Option B would increase structural coverage by 361.75 s.f for a 3% variance. Hardcover currently exists at 51.6 %, was originally proposed at 44.8 %, and the amended plan proposed hardcover at 42.6% with the removal of 78 s.f of paving and reduction in structure. Goetten asked what the proposed dimensions were of the deck. The deck would be 34x12' and be in line with the principal structure. It was originally proposed at 10.5x42.5'. Roelofs said he now has a better understanding of structural coverage and hardcover. If the garage were moved out of the County right -of -way, it would result in an increase to the structural coverage. He did not feel it was feasible for the property to have only a • one -car garage. The changes from the original proposal by removing the covered porch extending beyond the house would result in a reduction of 148 s.f. Option B has a stepped area to create a different roof line to the home, which is the preferred option. Concrete driveway area at 78 s.f will also be removed. Hurr asked if the blacktop area by the garage could be reduced in size. Kelley said the original reason stated for the garage space was for storage. In reality, the garage houses a car and not the items normally stored in a basement. Goetten asked Kelley if his main concern was with the garage in the right -of -way. Kelley said the ideal solution would be to take both garages down and rebuild a two -car garage with attic space above it. This would reduce the structural hardcover and coverage and add the needed storage space. Callahan asked if the problem with the size of the home did not occur to the applicant at the time of purchase. Kielley said he was not married at the time. He has lived in the home for three years. Jabbour said he is concerned with the need for bigger houses and potential tear down of residences. Jabbour relayed the pressure to maintain small houses on small lots and allow larger homes on bigger lots. If this property were torn down and found non - conforming, Callahan asked if any variances would be required. Mabusth said area and lot width is variances would be needed. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 28,1995 (#4 - #2033 Donald & Arlene Kielley - Continued) • Jabbour said only a slight encroachment exists in the 0-75' zone and saw no problem with this area. Mabusth added that the 0 -75' is grassed and gradually sloped to the lake. It was noted that the survey was completed two months ago. Callahan said the issue of a garage in the right -of -way is very troublesome. Hurr asked if it was addressed when the other garage was approved. Mabusth said the new garage was dealt with as a storage issue and required removal of pavement and a shed. Plastic and rock were not part of the calculations at that time. Kelley said he would consider approval of the addition if the garage located in the right - of -way was taken down. Jabbour asked if the garage could be moved in on the lot. Goetten and Hurr both noted the hardcover and lot coverage would increase with that scenario. Neither Staff nor Roelofs have seen the inside of the garage to view the construction. Goetten said changes to the garage have been brought before the applicant, and it is her assumption that Kielley does not wish to make any changes with the garage. Jabbour said the idea of moving the garage has not been discussed. Callahan said if the part of the garage encroaching the right -of -way were removed, the applicant would still have room for three cars, and no increase would result in hardcover. • Kelley asked if a garage were removed, if a variance for structural coverage was required. Mabusth said the structural coverage should be below 15% if one of the garages was removed. Kelley said he would deny the application as it now stands. Goetten inquired of the applicant if he would be willing to make changes to the garage located in the right -of -way. Kielley said it was his belief that the portion of the garage in the right -of -way was not credited for its structural coverage. Jabbour responded that the Council views public safety highly and would rather see the garage moved. If this was done, Jabbour said he would consider the options proposed. Kelley moved, Goetten seconded, to table the application to later in the meeting to allow the applicant to consider the alternatives. Ayes 5, Nays 0. When application proposal reconvened, Roelofs said he recognized the problems noted by Jabbour, and the applicant was willing to move the garage out of the right -of -way. r1 U 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 28,1995 (#4 - #2033 Donald & Arlene Kielley - Continued) • Hurr said the back up area calculated at about 36' was more than was needed in order to back up safely and proceed forward unto CoRd 19. Hurr suggested the excess of 140 s.f of hardcover could be reduced in this area so that hardcover would not be increased. The applicant said there is no parking allowed on CoRd 19, and this driveway area is used for parking and for turnaround. Jabbour and Goetten concurred with the problems of parking. Hurr said she would still like to see more concessions done to reduce the 140 s.f of hardcover. Jabbour moved, Hun seconded, to approve the amended proposal provided applicant move the garage out of the right -of -way and work with Staff to reduce the hardcover by 140 s.f. Kelley noted that if the garage was moved and found to no longer be structurally sound, the applicant would not be able to rebuild it. The approval as noted above was amended to include the garage would not be allowed to be rebuilt if found to be structurally unsound after it was moved. Kelley also commented on the hardcover removal on the north side of the residence. He is concerned that it will reappear at some point. Kelley noted that it is human nature to revert back to the norm. It was suggested the applicant work with Staff on a grading is plan to correct any drainage problem along the north side. Callahan questioned whether general terms should be used in the resolution. Mabusth said the resolution will be brought back before the Council in final form for approval and to consider present approval as conceptual. n U Mabusth asked Jabbour if approval was given for either the removal of part of the garage or its entirety. Roelofs asked ii; as part of the construction process, the garage could not be moved after either the footing inspection or the framing process. Kelley questioned if the garage was attached to the other garage, if it would be in excess of the allowable accessory structure square footage. The garage will not be attached to the other but still will not meet the separation requirement and will require a fire wall. Kelley said other variances might be required with this change and felt the application should be tabled to see it in its final form. Callahan said the hardcover calculations at this time are unknown. Ayes 3, Hurr, Goetten, Jabbour; Nays 2, Callahan, Kelley, who said not enough information was known at this time and needed to see the application in final form. Hurr asked that the application be seen at the next meeting later in the agenda so that she would have an opportunity to participate in the consideration of the application. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 28, 1995 ( #5) #2036 ROBERT J. GOUNTANIS, 1098 LOMA LINDA AVENUE - VARIANCES - RESOLUTION TABLED • Robert J_ Gountanis and Ann Stevens were present_ Mabusth said the application is for setback, area, and lot width variances to rebuild the approximate building envelope of the existing residence, porch, and detached garage. The garage is located 5.4' off the right -of -way of Loma Linda and encroaches 6 inches into the public access to the left. The property is located on the curve of the street resulting in a safety issue as the garage doors open up onto the street. Mabusth reported the applicant originally presented three development plans. Case 1 consisted of partial repair of the existing foundation on the lake side and would limit structure to a single story improvement. Case 2 included 3x8' additions at the northeast and southeast corners of residence total repair of the foundation to enable a second level. The Planning Commission felt these two options were only band -aid type improvements. Case 3 involved a total rebuild at the approximate size of the existing building envelope but moved further out of the 0 -75' lakeshore setback zone with a maximum of a 22x22' single story garage. The application was referred back to the Planning Commission due to the applicant's desire for a second story on the garage. This was denied. The garage doors were recommended to open away from the street. The garage, which originally encroached 6" • into the public access, was now required to be located 3' from the pubilc access for a setback improvement. The hardcover increased dramatically due to the smaller area in the 75 -250' zone. The applicant presented to Staff a petition signed by six neighbors of the neighborhood giving their support of the upgrades. The petition was later read into the minutes by Mayor Callahan. Kelley said the reason the Planning Commission denied the second story to the garage was because of the variances required and the substandard lot size. Hurr asked if the garage was now a one story. The applicant said the home has a total of 2 -1/2 stories with a basement level, first floor, and expansion area above containing one bath. The proposal is now for a 3- bedroom, 3 -1/2 bath. Hurr said it was her opinion that the proposed house was too much house on a substandard lot. She suggested a tuck - under garage with the bedrooms above to reduce the structural coverage. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 28,1995 (95 - 92036 Robert J. Gountanis - Continued) • Gountanis said a tuck -under garage would not work with the lot dimensions and geometry of where rooms need to be. He felt a tuck -under garage would require the house to be moved more towards the lake, require side setback variances, and result in difficulty in gaining access to the garage. Kelley said the suggestion was to leave the house where proposed and put the garage underneath it. The old garage could then be removed and grass laid. The applicant did not feel the elevations were good for this proposal. Hurr said the lot would not support three bedrooms. The applicant said a bedroom was needed on the main floor for an elderly mother, who requires a wheelchair. Kelley asked if structural coverage was an issue. The Planning Commission approved a proposal to include house and garage not to exceed the 1500 s.f. Goetten questioned the difference in hardcover calculations between case 2 and 3. The rounding off of the corners of the house and the paved driveway resulted in the difference between 65% and 62 %. The garage doors are side loading. Approaching the garage from the public right -of -way had been discussed but the applicant was of the strong opinion that the use of the access • by the public was high. Mabusth said she received a call today from a local neighbor about the high use of the public access. Goetten questioned whether the Council could recommend access to the garage from a public access. Gerhardson said he would need to look into it as there is a major drainageway along the property and a lift station located across from the property. Mabusth said the use of the unimproved public right -of -way was subject to the recommendation by Gerhardson. Callahan noted that the current garage, a single stall, requires a car to pull out in the Loma Linda right -of -way. Jabbour said the Loma Linda right -of -way has more use than the public access landing. The applicant asked who would be required to create the driveway from the pubic right - of -way and what were the rules involved. He was informed that it would be his responsibility but the City would look at it similar to a driveway, not a roadway. The applicant said if the driveway was from the public access, it would be used by the public. Gountanis said he has seen 1 -3 vehicles with trailers parked there. Ann Stevens noted that there is a large ditch in that vicinity that would require a culvert. She said she works late and fears that it would be blocked when she was returning home. Callahan suggested moving the garage to where the driveway is currently located and visa versa. This would result in an appearance of an open corner than being filled with a square building. • 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 28-Y 1995 ( #5 - #2036 Robert J. Gountanis - Continued) • Hun asked how much room there was to back up in the driveway area. The applicant said there was approximately 23'. Gerhardson said at least 20` is required in order for a car to successfully back out. Hurr reiterated she was uncomfortable with the large size of the home as proposed. It is her suggestion the applicant reduce the number of bedrooms to two and add the tuck under garage. The applicant noted the importance of having a bedroom on the first floor. Hurr said the applicant purchased the lot and the hardship should not be on the City noting the number of variances being requested. The applicant said if he was unable to build as proposed, he would be better off patching up the residence where it now stands. Callahan again noted a change in the garage location and the amount of hardcover produced by a turnaround. Mabusth said the location on the curve with backing up onto the curve adds another dimension to the safety issue. Callahan said he preferred the reverse of the driveway as proposed. Callahan asked who had drawn the plans. Gountanis said the conceptual sketches had been done on computer. Callahan was informed that Gountanis was an engineer by trade. Callahan moved to approve Application 92036 per the Planning Commission recommendations. There was no second to the motion. • Ann Stevens suggested moving the house forward and taking the garage apron out. The house as it presently lays creates a large look to it. By moving it forward, the house would begin lower and look less massive. Callahan said by moving the mass of the garage away from the corner, it would enable people to see around and across it. Goetten asked how much closer to the lake would the house have to be moved and questioned the ability to move it forward. Hun said the purpose of the tear down should be to correct problems. Hurr noted the DNR also commented on the structure being too large for the lot. She felt this was the time to consider afresh and make the necessary improvements. • 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 28,1995 ( #5 - #2036 Robert J. Gountanis - Continued) • Callahan said the letter from the DNR was a standard -type form and not necessarily specific to the property. Jabbour responded that the proposed residence was too large for the lot. Callahan said the applicant was entitled to 1500 s.f of lot coverage. Jabbour said there was a safety factor with the driveway. Although the code allows for 1500 s.f of coverage, Jabbour noted there are still lakeshore setback and hardcover requirements to be met. It was his opinion that the applicant was not making structural concessions. The applicant said he looked at reducing the footprint but needed the four basic rooms on the first floor. Jabbour said it cannot be assumed that all lots can handle the four basic rooms. Some lots are only large enough to accomodate a smaller home. The applicant said the only other real alternative was to repair what was there, which Jabbour said would be all right, and then to add a garage, which Jabbour said he would not be in favor of The owner of 1090 Loma Linda voiced his support of the proposal. The moving back of the home out of the 0 -75' zone would enable this neighbor a better view. Jabbour said he understood this, but questioned what the City would end up with in time with houses corner to corner on lots. Kelley said he was not in favor of seeing several proposals in front of him for approval. It was his request to send the application back to the Planning Commission until one • proposal could be presented to the Council. Kelley moved, Hurr seconded, to deny Application #2036. Goetten said the applicant should have the opportunity to table the application to review the proposal so he would not be required to wait six more months until he could present another proposal. The applicant agreed with Goetten. Kelley moved, Hurr seconded, to table Application #2036. Ayes 5, Nays 0. The applicant asked what parameters would be acceptable. Kelley said the proposal as drawn is too ambitious. The lot coverage should be limited to 1500 s.f. with a tuck under garage as a viable solution. Goetten concurred with the dimensions being too large for the lot and said the applicant should speak with Staff regarding options. Callahan said he would have supported the Planning Commission recommendation. Jabbour concurred with Kelley and Goetten. Hurr asked if Gountanis had already purchased the lot. The applicant said he had. Ann Stevens said it was done based on the Planning Commission recommendation. The Council refuted that remark as the applicant had been made aware of the advisory status of the Planning Commission and the approval needed from Council. (-#6) #2042 THOMAS FRANK, 1233 BRIAR STREET - VARIANCES - RESOLUTION #3591 • Goetten moved, Kelley seconded, to approve Resolution #3591. Ayes 4, Nays 0. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 28, 1995 ( #7) #2046 LAKEVIEW GOLF, 405 NORTH ARM DRIVE - CONDITIONAL USE PERMIT/VARIANCE - RESOLUTION #3592 • Mr. Wenkstern and contractor were present. Gaffron reported on the two part proposal at the 130 acre golf course. Construction of a 4500 s.f. accessory structure is proposed 500' east of CoRd 19 and 600' south of North Arm Drive West. Three buildings are presently on the property with a clubhouse, storage building, and a storage /maintenance building with driveway access to CoRd 19. A variance is required due to the excess of size over the 3000 s.f limit for properties of 9 acres or more. There is an accessory structure ordinance based on lot area but the table stops at the 3000 s.f. limit. A draft amendment has been written to extend the table with 200 s.f of accessory structure for each additional acre. This proposal could be supported if the current table is extrapolated. Also required is a variance for excessive footprint area of all buildings. This property contains 6700 s.f with three buildings where 6000 s.f is allowed under the present code. The proposed storage building will not have a driveway, will be used for storage only, and have no access during the winter months. The Planning Commission was concerned with the screening. The building is open to the north and west. There are some mature trees but the building would sit above another shed by the silo. The applicant was asked to work with Staff before the permit was issued to soften the view. There are no height issues involved as the building is fairly low. • The second part of the proposal is regrading of fairways 15 and 16. Fairway 15 would be moved to the south and 16 to the southwest. This would open up the area to allow for a future building site. The sketch plan for the subdivision was viewed positively by the Planning Commission. 1800 cubic yards of fill will be moved with no import or export to create a small swale. Under consideration is the creation of a 3000 -5000 s.f. pond. The Engineer sees no problem with the plan or with drainage. The applicant will work quickly to revegetate the area in order to ready it for play. Goetten said she saw no problem with the proposal but was concerned with future outbuildings. The applicant informed her that this building should take care of the needs of the golf course. Hurr asked about the color of the building. Wenkstern said earth tones would be considered and would work with Staff on this as well as on landscaping. Gaffron said the applicant will be asked for an updated survey "as built" to show the lot changes and location of all buildings. • 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 28,1995 • ( 97 - 92046 Lakeview Golf - Continued) Kelley asked, with the escalation of real estate values, should a future extension of development occur that the resolution mandates the structure being removed. Gaffron said the required covenants stipulate that the acreage could be no less than 17 acres or would require the building to come down. Wenkstern said it was possible that the work would not get done this season and asked about a renewal or the best way to go about it. A CUP is good for a year from the date it is approved. A permit could be obtained with a follow -up six months later. Hun said if a grading permit was obtained and the codes met, this would be approved. Jabbour moved, Hurr seconded, to approve Application #2046. Ayes 5, Nays 0. The contractor asked about burning permits on site with diseased elms. Jabbour said the MPCA is the agency that does not allow the burning. Callahan told him to speak with Gerhardson about a permit. Gerhardson noted logs can be burned but not brush. A permit is good for a certain period of time. (#8) #2054 TONY EIDEN COMPANY, 2700 COUNTRYSIDE DRIVE WEST - CONDITIONAL USE PERMIT - RESOLUTION #3593 • Charles Dillerud represented the Eiden Company. Mabusth reported that the application involved the filling of 600 cubic yards for a walkout design residence. The property has positive drainage and no change would occur in the existing drainage patterns. A type 1 wetland to the northwest receives the majority of drainage from the lot. The applicant is asked to create a swale on the south side of the driveway so no drainage flows to the septic areas. An inspection will occur to ensure that erosion control is in place. • Goetten noted that the monument application under consideration at the Planning Commission meeting had no representation. The applicant was informed that 10 people were at the meeting to address the issue and asked for consideration by the applicant to amend original proposal. The applicant was informed to notify Staff if unable to attend so the announcement can be made to inform those in attendance. Dillerud apologized for the misunderstanding. He said he was not informed about the meeting and has taken steps to ensure it would not happen in the future. Hurr moved, Jabbour seconded, to approve Resolution #3593. Ayes 5, Nays 0. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 28,1995 (x #9)1995 JOINT USE DOCK LICENSE - VICTORIA ESTATES HOMEOWNERS ASSOCIATION - RESOLUTION #3594 • Goetten moved, Kelley seconded, to adopt Resolution 93594, directing Staff to issue a Joint Use Dock License to Victoria Estates Homeowners Association subject to conditions noted therein for the period of January 1, 1995 to December 31, 1995. Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Jabbour informed the Council that the DNR will receive the bids to remove the service station building and soil on Maxwell Bay by September 1 and give authorization for removal on September 7. Callahan asked Moorse to clarify the information provided concerning the use of Bederwood Park by the OBA. Kelley said he had initiated the request for clarification on whether the approval of two nights per week usage excluded the use on Saturday or Sunday. The OBA would like to use the park on the weekend. Callahan said the permission would be limited to the times specifically indicated as the City was asked for permission when no permission had been previously granted. Kelley said the OBA originally used the park 4 nights per week and Saturdays so assumed that the two nights would include the Saturday. Moorse said he saw the • agreement as limiting the usage to the two evenings per week. Kelley referred to an OBA memo dated 4/6/90 from Gerhardson to Mark Bernhardson. Gerhardson was asked if Saturday usage was ever approved. Gerhardson said it was after that time. Item 98 referred to a 3 -year committment for annual review. Gerhardson said that was in effect for that time. Moorse said it was an interim measure. At the end of the time period, the new fields were available for use, and the use was then limited. Jabbour said this usage by OBA was approved in lieu of giving $20,000 and was considered a win -win situation. The neighbors had expressed their unhappiness with the two night usage. Kelley said he did not agree with the neighbors and saw a need to review the issue to gain a straight answer on the amount of usage. Kelley believed the concern of the neighbors is overstated adding the neighbors have more than ample opportunity to use the park. Jabbour said if Saturday usage was the desire of the OBA, they then acted in bad faith. There are other functions around the area that need parking also. Jabbour did not wish to see the park dominated by a single use. Kelley said the major use of the other facilities at the park is by siblings of those playing ball. He said he did not know the exact wishes of the OBA but wanted a clarification. ENGINEER REPORT The City Engineer was not present at the meeting. • 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 28, 1995 CITY ADMINISTRATOR'S REPORT • 410 ESTABLISHING RENEWAL DATES FOR SELECTED LICENSES - ORDINANCE AMENDMENT #140, 2ND SERIES Goetten moved, Kelley seconded, to adopt Ordinance 9140, Second Series establishing expiration dates for selected licenses. Ayes 4, Nays 0. ( * #11) 1996 CITY ASSESSOR CONTRACT Goetten moved, Kelley seconded, to approve the 1996 assessment contract with Rolf Erickson for a total cost increase of $2,113 or 2.8 %. The increase is made up of a 2.15% increase in the assessment contract amount (to $76,500) and an increase of $500.00 for miscellaneous expenses. Ayes 4, Nays 0. ( #12) SET DATE & TIME FOR JOINT WORK SESSION The Joint Work Session is scheduled for Thursday, October 12, 1995 at 8:00 a.m. ( #13) COUNTY ROAD 15 AT BRACKETTS POINT CURVE: ROAD MAINTENANCE/REHABILITATION OPTIONS Hennepin County representative, Bruce Polycyzk, reported on the options available • concerning the Bracketts Point Curve section of County Road 15. One option is an overlay on the existing pavement as a maintenance project with a life of about 15 years. The other option is a reconstruction of the road section with widening of the curve area. A design alternative has been drawn to keep the new pavement within the right -of -way to limit the impact on adjacent properties. Temporary easements would be needed for some work and retaining walls, both of which would incur costs to the City. The County is presently doing overlays on CoRd 15 in Minnetonka Beach and would like to continue with the road work in Orono when the current project is completed. n �J Polycyzk said the design will soften the curve away from the lake and will still be within the right -of -way. An exclusive left turn lane will be introduced into Bracketts Point taking traffic out of the main line. Several impacts were noted. Retaining walls will need to be removed and reconstructed. It is possible that Native American burial mounds are located within the area. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 28,1995 ( #13 - County Road 15 at Bracketts Point Curve - Continued) • The width of the road will involve an 8' shoulder and one 12' lane in each direction as well as the introduction of the left turn lane. The curve speed would be 25 mph and would provide a better sight distance than currently seen. There would also be room for a disabled vehicle. Better safety would be provided for anyone walking or biking the road. Several Council Members voiced their concern with anyone biking or walking on the road. The County has spoken with several neighbors on the project, which was staked in April of 1995. Kelley, Jabbour, and Goetten were all of the opinion that the road project should be discussed with the neighbors. Kelley asked what would happen if sewer were to come to the area. Gerhardson said the connection could be made to City lines and a lift station built. Callahan remarked that the neighbors voiced their concern with the project a year ago. Hurr said opinions might be different with the project totally within the right -of -way. Callahan asked that a vote be taken on the project soon. It was decided that the neighborhood would be presented with the project first and then a vote taken. Council directed to proceed with the project and set up the neighborhood meeting. ( #14) COUNTY ROAD 15 MAJOR MAINTENANCE PROJECT: ORONO • ORCHARD INTERSECTION AND EAST Polyczyk from Hennepin County noted that at the May 22 meeting of the Council, the Council approved a preliminary layout which would eliminate the right turn, and move the intersection to the east. Concern was expressed over the right -of -way costs. Based on the approval given on the layout, the cost was projected at $265,000 to be shared equally between the City and County. This was presented to the City and found to be too high in cost. In responding to what could be done, the County met with Mn/DOT and determined that the recovery area could be downscaled. Because the area was platted, the County was able to change from a rural recovery requiring 30' to a suburban recovery, requiring 20'. Polyczyk said the real estate people evaluated the new right -of- way, and a projected cost was found to be $200,000, which would be shared equally between the City and County. Goetten asked if the cost would be less if the work was done on the south side. Moorse and Jabbour said it would probably cost more in that area. The mitigation for the wetlands is unknown as this time. The approval for the improvement has already been granted. At this time, the Council needs to approve the cost only. • 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 28, 1995 ( #14 - County Road 15 Project, Orono Orchard and East - Continued) • Hurr noted that the project does not serve the residents of Orono only. • Jabbour questioned why Wayzata will not incur any costs with the project in their area. Polyczyk said the staff has a participation cost policy, and Wayzata would incur costs of their own. The construction cost would be paid by the County, the same as Orono, but Wayzata would still be responsible for the right -of -way costs. Callahan suggested that the recovery area all be changed to suburban. Hurr and Callahan noted that the area is not developed only because it is wetlands and undevelopable. Polyczyk said the character of the road does change in the area mentioned. The utility lines were considered. It was suggested to move the wires outside of the clear zone. Kelley questioned if there was enough room to do this. Hurr said only 3' is required. Callahan suggested putting the lines on the south side which the County said could be done. The idea of burying wires underground was mentioned but said to be expensive. The County does not have any mechanism for this in their cost policy. The County representative was asked if the road would remain partially opened during construction or closed. This will be decided with the City but work can best be accomplished if the road is closed. Kelley asked if the work would need to be done in the winter months due to the wetlands involved. It was said that the area would be wet and soggy even during the winter months. Kelley suggested keeping one lane open and be reversible depending on the time of day. Jabbour asked if a floating road could be done. The County representative said this was an option. Gerhardson asked that the County check with Mn/DOT regarding the recovery areas. Goetten said she would insist that a legal access be provided for her lakeshore property which is currently shown without one. The County was asked to see if costs could be reduced and/or offset by the City providing wetland mitigation. The County representative said the funding was 1995 for this project has been rolled over to 1996 and will continue to be carried forward as conversation continues with the City. The County would like the schedule for this project to satisfy both the County and City. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 28,1995 ( #15) INTERIM STAFF ASSISTANCE FOR ACTING POLICE CHIEF • Callahan moved, Hurr seconded, to approve interim staff assistance for the Acting Police Chief through shifting duties and increasing hours of current staff, and adjusting pay rates as recommended in the memo from Gary Cheswick; and funding the additional $6,471 of expenditures through the contingency account. Ayes 5, Nays 0. ( *16) MANAGEMENT REPORT - 1994 AUDIT No action is required. ( #17) POLICE OFFICER CONTRACT SETTLEMENT Callahan moved, Goetten seconded, to approve the 1995/1996 Police Officer Contract Settlement as set out in the Request for Council Action, and to authorize the City Administrator to prepare and sign a contract reflecting the settlement package. Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Barrett had no report. ( * #18) LICENSES 0 Goetten moved, Kelley seconded, to approve the following license: Ayes 4, Nays 0. Home Occupation License Norum and Pearson, P.A. Annual Review 3264 North Shore Drive ( * #19) BELLS Goetten moved, Kelley seconded, to approve payment of the All Funds Account. Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned at 10:20 p.m. AT E T: Edward J. Callan r., Mayor t • 0 othy Hallin, City Clerk 16