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HomeMy WebLinkAbout10-09-1995 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 911995 • ROLL The Council met on the above date with the following members present: Mayor Edward Callahan Jr., Council Members J. Diann Goetten, Gabriel Jabbour, JoEllen Hurr, and Charles Kelley. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Adminstrator Michael Gaffron, City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. PRESENTATION - BOD HARDIN, WAYZATA AMERICAN LEGION TO LARRY TOMCHECK Members of the Wayzata American Legion Post presented an award to Officer Tomcheck for his heroic efforts in the life saving of Mr. Arneson in 1994 on Lake Minnetonka. Mr. Arneson was found unconscious after diving from his boat into shallow water near Big Island. Officer Tomcheck performed CPR awaiting the assistance of the Hennepin County Sheriffs Water Patrol. Tomcheck was congratulated by Mayor Callahan and the Orono City Council. ( * #1) CONSENT AGENDA • Items #3, 5, 7, 8, 9, 10, and 15 were added to the Consent Agenda, while 42 was removed. Jabbour moved, Goetten seconded, to approve the Consent Agenda as amended. Ayes 5, Nays 0. APPROVAL OF MINUTES ( #2) REGULAR MEETING OF SEPTEMBER 25, 1995 Jabbour said the minutes should include as part of the Mayor /Council Report a discussion regarding notifying the residents of Old Beach Road to remind them of their promise to ask the City of Minnetonka Beach for a left turn lane from County Road 15 onto Old Beach Road. This has not been attempted, and the Council needs to address this issue again. Jabbour moved, Hurr seconded, to approve the Minutes as amended of the Regular City Council Meeting of September 25, 1995 as amended. Ayes 5, Nays 0. PARK COMMISSION COMMENTS There was no Park Commission report_ • 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 PLANNING COMMISSION COMMENTS • There was no Planning Commission report. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( * #3) #2044 GEORGE OLSON, 2775 SHADYWOOD ROAD - VARIANCE - RESOLUTION #3610 Jabbour moved, Goetten seconded, to adopt Resolution #3610 granting a hardcover variance to George Olson of 2775 Shadywood Road for the construction of an addition to the existing residence. Ayes 5, Nays 0. ( #4) #2049 CHIC DWIGHT/FRED GUTTORMSON, 1220 TONKAWA ROAD - VARIANCE - RESOLUTION #3611 The applicants were present. Gaffron reported that the application is for a request for hardcover and lakeshore setback • variances for a number of projects. The applicants would like to replace the existing deck on the lakeshore side of the residence, build a screened porch below the deck area, excavate to the south side of the residence for a walkout door, and construct low boulder walls, all of which is in the 0-75' zone. The current setback to the lake is 42' from the residence and 34' from the deck. During Planning Commission review of August 21, 1995, the applicant received a partial recommendation for approval of a screened porch under the deck and deck replacement and stairs. The approval was based on the deck not extending past the south wall of the residence. Excavation to the south side wall and retaining walls to allow a window to become a doorway was recommended. The Planning Commission did not recommend the installation of the low boulder walls between the deck and shoreline as there was no justification or hardship shown. The approval was based on the condition that the small patio below the deck be removed, as well as the small accessory building on the southeast section of the property. The old gravel driveway was recommended to be top dressed and revegetated with full grass. The applicant was also asked to remove the deck by the lake. Gatrron also noted that the DNR recommended denial of the deck and screened porch based on the fact that the property is non - conforming. • 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 (#4 - 42049 Chic Dwight/Fred Guttormson - Continued) • Gaffron said Staff does not totally agree with the recommendation of the Planning Commission as it is felt the new screen porch located so near the shoreline would only increase the bulk structure of the property within 75' of the shore. Staff is also concerned that the approval of the excavation to create a walkout would possibly be precedent setting. Callahan asked the applicant if he had reviewed and approved the recommendation made. Guttormson said the main reason the property was purchased was because of the deck by the lake. He noted it is located near the end of the point and is partially hidden from view. It is his main concern that this Lakeshore deck remain. Guttormson said he was willing to eliminate the gravel road, had no problem with changing the stairs from the front to the back of the deck, would remove the small shed, although it is not very visible, and noted that the 10'x10' shed had already been removed, as well as the center section of the driveway, which was sodded. He is willing to proceed with the recommendations if the Lakeshore deck can remain. The applicant said it was their intention to perform upkeep on the property. The rip rap has been found to be eroding and needs to be reconstructed in order to save trees. Chic Dwight commented that neighbors present at the Planning Commission meeting were not given the opportunity to comment on the application. She said they were in • favor of the proposed projects. Goetten responded that she also was present at the meeting and felt their inability to speak was unintentional, an oversight, and apologized for the applicant's feeling of mistreatment. Hurr asked Gaffron if the Staff had concerns with approval of the walkout. Gaffron said the City has generally not approved major excavation in shoreline areas for properties high in elevation when the purpose is only to produce a basement walkout. This application, according to Gaff&on, was considered minor in comparison at 2 to 2 -1 /2' of cut. He noted that the area was more than likely filled in when the house was built and is not in its natural state but was probably flat and built up to accommodate the split -entry style home. The applicant said the area where they are asking for excavation for the walkout is on the east end and receives very little light. Their purpose is to gain more light into the lower level of the home with the walkout door. Kelley asked and received confirmation that there is an entrance to the inside of the residence from the screened porch. Kelley asked if there were any hardships for the requested variances. The applicant said their desire was to improve on the aesthetics of the home, to gain the extra light into the lower level, and to repair the deck. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 (#4 - #2049 Chic Dwight/Fred Guttormson - Continued) Jabbour pp r inquired what the applicant would be allowed to repair on the deck if the • recommendation was not approved, noting that the current railing does not meet code. Gaffron said boards could be replaced without a variance. The question is at what level of replacement a variance is needed. If a deck is totally removed, it would require a variance to rebuild it. The City would likely approve a variance required to maintain the safety of an existing deck. Jabbour asked if the change from a window to a walkout door requires a variance. Gaffron said the variance, as well as a conditional use permit, is required because of the excavation. Hurr said she was concerned with the deck's encroachment on the lakeshore. The applicant noted that if the deck was asked to be removed, he would not proceed with the other proposed projects. Hurr said, even if the applicant would not proceed with the other improvements, she could not support the lakeshore deck remaining. Hurr was in support of the other recommended projects; though, she did voice some concern of the excavation. Goetten said she was also concerned with setting a precedent by allowing excavation for a walkout and would not support it. She emphasized the majority of the home being within the 0 -75' zone. Goetten said she would support the screened porch and deck but • not the deck at the lakeside. Jabbour said he takes a more realistic approach to the application. He noted that the deck is already there and would be rebuilt. The screened porch would be over and above a patio, which is hardcover anyways. Jabbour saw the tradeoffs as substantial to the goals of the City as the property has been extensively cleaned up. He saw the removal of the rock areas, driveway to the lake, and two sheds as major contributions to hardcover removal and 99% of what the City would like removed. Jabbour said he would not support the boulder walls unless they were to stabilize the ground. He did support the walkout. Kelley asked about the condition of the deck at the lakeside. Gaffron said he has seen it but not walked on it. The applicant said it was in good shape. Kelley asked Gaffron how much repair could be done to this deck. Gaffron said structural repairs could be allowed up to a value of 50% of the value at the time the deck became nonconforming, probably in 1975. He was not aware if the deck was there at that time nor whether its value had been established. The applicant said the house was built in 1970. Kelley asked if a grading plan had been presented at that time. Gaffron said probably not. The applicant said he has the original plans. 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 (44 - #2049 Chic Dwight/Fred Guttormson - Continued) • Kelley said he would support the walkout, and supported the comments made by Jabbour and the Planning Commission with the Lakeshore deck remaining if the driveway was removed. The applicant noted that 1000 s.f of hardcover has already been removed on the property. Hurr said she was not in favor of approval of keeping the lakeside deck. Kelley commented on approval for a lakeside deck received on the Norenberg Park property. Hurr responded that this was a different situation with the historic value of Norenberg. Jabbour moved, Kelley seconded, to approve Application #2049 per the Planning Commission recommendation with the exception that the lakeside deck remains on the property. Vote: Ayes 2, Kelley, Jabbour; Nays 3, Callahan, Goetten, Hurr. Motion fails. Callahan moved, Goetten seconded, to approve Application #2049, Resolution 93611, per the Planning Commission recommendation. Vote: Ayes 4, Nays 1, Kelley. ( * #5) #2051 MIKE HILBELINK, 2760 WATERTOWN ROAD - ROAD NAME APPROVAL • Jabbour moved, Goetten seconded, to approve the name of Copper View Drive, applicant's first choice for the private road within the Rosch Addition plat. Ayes 5, Nays 0. ( #6) #2059 RON RANIWAUTOGRAFS, INC., 2525 SHADYWOOD ROAD - COMMERCIAL SITE PLAN REVIEW - RESOLUTION #3612 The applicant was not present. Mabusth noted the amendments to the resolution by the City Attorney regarding the intent of the City concerning rezoning of the adjacent residential property. The applicant will be made aware of this minor change. Jabbour moved, Goetten seconded, to approve Resolution 93612. Vote: Ayes 4, Nays 0, Abstain 1, Callahan, who was unaware of the proposal. ( * #7) #2060 TIM FEYO/KAREN FULLER, 4055 ELM STREET - VARIANCE RENEWAL - RESOLUTION #3613 Jabbour moved, Goetten seconded, to adopt Resolution #3613 granting a lot area variance to Tim Feyo and Karen Fuller -Feyo for property located at 4055 Elm Street. is Ayes 5, Nays 0. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9,1995 ( * #8) #2067 BRUCE AND TERRY CLARK, 625 OLD LONG LAKE ROAD - • VARIANCE - RESOLUTION #3614 Jabbour moved, Goetten seconded, to adopt Resolution #3614 granting a side setback variance to Bruce and Terry Clark of 625 Old Long Lake Road for construction of an attached garage. Ayes 5, Nays 0. ( *#9) #2068 PAT AND KATHY SMIEJA, 4040 WATERTOWN ROAD - VARIANCES - RESOLUTION #3615 Jabbour moved, Goetten seconded, to adopt Resolution 143615 granting approval of setback variances for Pat and Kathy Smieja of 4040 Watertown Road for construction of a 14'x16' three - season porch addition and 28'x36' living space/garage addition. Ayes 5, Nays 0. ( * #10) #2069 CINDY AND STEVE HARRIS, 3850 WATERTOWN ROAD - VARIANCE - RESOLUTION #3616 Jabbour moved, Goetten seconded, to adopt Resolution #3616 granting a variance to Cindy and Steve Harris of 3850 Watertown Road for construction of a swimming pool located nearer the front lot line than the principal residence structure. Ayes 5, Nays 0. ( #11) #2071 JAMES AND JOANN JUNDT, 1400 BRACKETTS POINT ROAD - • AMENDED VARIANCE - RESOLUTION #3617 Scott Crawford of Kraus Anderson Construction represented the applicants. Jabbour immediately suggested tabling the application. Goetten commented that the applicants have not responded to the request from the Planning Commission for an overall plan, which has caused the City to get bogged down with numerous applications without a look at the big picture of the plans for the property. Goetten said she concurs with the Planning Commission Chair in the need to persevere in obtaining an overall plan. Kelley suggested denying the application. Callahan asked Crawford the reason for not having received a plan from the Jundts. Crawford said it was his understanding that all work for the overall structure has been submitted. He had thought the variance application was complete and then found out differently. Hurr said it was not only this structure that has been addressed. Crawford said he was unaware of any further requests and has only responded per instructions. Callahan said it was not the number of variances, per se, but the project has been difficult to follow, and was concerned with losing sight of the overall plan. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 ( #1 i - #2071 James and Joann Jundt - Continued) • Crawford said his company was only asked to construct, not design, the project. It is his opinion that this is the tail end of the projects for the property. Hurr noted the number of after- the -fact applications. Mabusth said Staff had asked Kraus Anderson for a comprehensive plan but have only received plans in pieces, such as for the greenhouse, the tuckpointing, the expansion, etc. No floor plans have ever been seen by Staff. Jabbour said the Kraus Anderson representative, in the company of the Jundt son, was asked two meetings ago for an overall plan. The Council then requested the removal of a small portion of the driveway. He is concerned that with bits and pieces of a plan, it makes the Council look unreasonable in their requests. Kelley asked if the City could ask the applicants to appear before the Council themselves with their application. Callahan suggested tabling the application until the overall plan, before and after, has been seen prior to proceeding with this application. • Hun moved, Goetten seconded, to table the application until the overall plan is presented and confirmation received that the driveway portion was removed. 0 Callahan received confirmation from Mabusth that the driveway portion had been removed. Vote: Ayes 4, Nays 1, Kelley, who felt this application could be approved with the understanding that no further applications would be considered without an overall plan. Crawford said he was concerned with losing the ability to replace the trees if the application was tabled due to upcoming winter weather. Mabusth said Staff could work out the tree removal and planting issue through a permit. Gaffron noted that the plan calls for the removal of a 36" elm to be replaced with two 4 -1/2" maples. Callahan questioned how Staff could approve the tree removal yet it was part of the resolution. Mabusth clarified that the tree removal and replanting matters are resolved under a Staff issued permit and that Staff needed Council's approval for the excavation. Crawford said the replanting of the trees would only take a couple of days. The ehn tree, itself, has already been removed. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 ( #I l - 92071 James and Joann Jundt - Continued) Jabbour suggested the variance be given provided no building permit issued until the plans were received by Staff The other Council members concurred with this suggestion. Council discussed this option. Hurr advised that the final occupancy cannot be held up for the variance. Kelley questioned whether an application could be denied based on future work, and whether this was a legitimate reason to deny an application. Hurr then suggested tabling for additional information. Callahan believed it was reasonable to ask for the total project plan until a decision was made on this application. The information would relate to the finishing up of the project as a number of issues have been completed recently. The variance approval, according to Callahan, could be contingent upon receiving the plan by a certain date. Kelley questioned whether the plan would be for the entire house and accessory structure or the accessory structure alone. Callahan said the plan should be for the entire site. Callahan moved, Jabbour seconded, to reconsider tabling the application. Vote: Ayes 5, Nays 0. Gaffron reviewed the application. The proposal is for excavation partially in the 0 -75' zone in order to waterproof a tunnel in the hillside. The 36" elm tree has already been removed. The City was made aware of the tree removal and asked the project be stopped. The variance was then applied for by the applicant. The proposal to excavate the tunnel for waterproofing will replace the soil to existing grade. The proposal calls for • mitigation for the removed tree with two new trees. Gafron said the packet includes a letter from Ostvig Tree Co., in which the arborist stated the elm tree was in a poor condition. A healthy tree would not have survived the excavation either. Jabbour responded that if the Council had the opportunity to review the application, they might have chosen the tree over the waterproofing. Crawford said when the repair of the retaining wall was taking place, it was felt the tree and roots caused the deterioration to the walls and removed the tree based on that assumption. Hurr said, and Crawford concurred, that no discussion was had regarding the excavating and the tree. Mabusth said the retaining wall at entrance to tunnel was reviewed under a previous variance/conditional use permit application dealing with structural improvements to greenhouse. Hurr said she was concerned with the comparison of replacing a 36" elm with only two 4" maples. This did not seem like a reasonable two- for -one replacement. Mabusth said the building staff has not reviewed the tree replacement. Jabbour said the variance application granted permission for the retaining wails only. It was possible that the Council would have required the tunnel to be removed. He voiced concern that the applicant was only succeeding with each project because only a little information is being given at a time_ • 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 ( #11 - #2071 James and Joann Jundt - Continued) • Hurr moved to table the application. She asked what would be accomplished by seeing the plan. Hurr is concerned that replacement with only 9" of trees is not what would be required of other applicants. Mabusth said Staff does not have a set pattern established for tree replacement. The building inspector makes the decision. There is no standard in the code for tree replacement. Gaffron commented that it was not a tree -for -tree replacement. Zoning staff does not review the tree removal permits. Gaffron said no input was received from the building inspector on this application. Gaffron asked for additional direction from the Council. Callahan questioned why additional direction would be needed if the issue had not yet been reviewed. Gaffron said it was often difficult in an after - the -fact request to decide what is appropriate. He was concerned with tree survival and density if inch- for -inch was the criteria used. It was noted that a one- for -one tree replacement was done on a project on Stubbs Bay. Callahan noted that the Planning Commission felt the two maples for one elm was reasonable. Hurr said she did not concur. Kelley asked who had done the drawing. Gaffron said the applicant. Kelley said decisions might be different when they involve the 0 -75' zone. • Jabbour moved, Callahan seconded, to approve the variance providing tree replacement is of three 4-1/2" trees, and no building permit issued prior to full comprehensive plan received by Staff including what has been completed and future projects shown. Callahan asked if the motion could be contingent on the plan in hand by a certain date, which was decided to be Friday, October 13. Hurr asked what would happen if the plans were not satisfactory. Callahan said the idea was to get a general scheme of the property. Mabusth said the plan could be reviewed. Kelley was concerned that this was opening a pandora's box and questioned whether the plans would be of issues not requiring a variance. Gaffron asked for clarification that the approval was based on not issuing the waterproofing permit until the plan was received and in hand by October 13. Vote: Ayes 5, Nays 0. ( 412) #2072 GRAYDON K. NEWMAN, 38., 1655 BOHNS POINT ROAD - VARIANCE /CUP - RESOLUTION #3618 • The applicant had representation. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 ( 912 - #2072 Graydon Newman, Jr. - Continued) • Gaffron reported that the request was for hardcover and lakeshore variance for land alteration in the 0 -75' zone. Reconfiguring of the access is involved as well as a walkway and shoreline improvements. The existing platform, which extends into the lake and on the shore, encroaches the neighbors property. The proposal is to remove the deck, use the existing concrete stairs, and move the dock to new dock access. Additionally, the rip rap height would be increased to a height 6 -12" ahove the terraced area above the high water level mark, which is made of patio blocks. Sand is to be placed between the higher rip rap and the existing retaining walls with beach and native plantings. Boulders are proposed to provide additional stability for the existing retaining walls. Gaffron reported that the Planning Commission approved the application with the condition that the 5' width of walkway be reduced to 4', the deck be removed, but approved the sand above the blocks to add stability. The cement blocks were allowed to stay in place to potentially reduce the amount of erosion caused by wave action. Jabbour said a permit could have been issued to rip rap straight up. Gaffron noted the City Engineer looked at the area and recommended the paving block be removed. Cook said he saw the blocks as just more hardcover and serving no function. Goetten asked Cook if the patio blocks were not needed to accomplish what the • applicant wished to do to eliminate the wave action erosion. Cook said no, adding that the rip rap is designed to take care of erosion problems. Jabbour commented if the patio block is removed, there would be a need to carry the rip rap further up to serve as a buffer zone. Cook said this would have no effect. If the rip rap fails, then the patio blocks would also go. The applicant's representative, Dale Gustafson, said there were two issues. His client did not know the dock was encroaching the neighbor's property. The dock in the lake was non - conforming, and the applicant rearranged the dock to gain conformity and connect it to the walkway. He felt it was sensible to go to the existing walkway that going straight up. Secondly, the rip rap was already in place and would function well even if higher. When the waves come in, until the vegetation has grown, something needs to be done to hold it in place. Kelley moved, Goetten seconded, to approve Resolution 93618 per the Planning Commission recommendations with the extraction of the patio blocks. Jabbour noted that the proposal was for a 5' dock but received confirmation from Gustafson that 4' was satisfactory. • 1� MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 ( #12 - #2072 Graydon Newman, Jr. - Continued) • Hurr said the property consists of seven parcels and requested the combination of the seven into one tax statement. Gaff Ton said this could be required if it is connected to the variance request. Jabbour commented that the connection is with the ordinance requiring any accessory structure to be on the principal structure lot. Kelley amended the motion to combine the lot containing the dock with the principal structure lot. Goetten asked what the zoning was for the area. After hearing the zoning was LRIB, Goetten asked that all of the lots be combined. Kelley asked for the opinion of the City Attorney. Barrett said the decision is based on what would compel the combination. The combination of the lot with the dock and the principal structure showed a connection, but there was no connection for the remainder of the lots to be combined. Hurr asked Staff to request of the applicant that all of the lots be combined. The motion was amended with approval per the Planning Commission recommendations and modified with the removal of the paving blocks and combination of the parcels • containing the dock and the principal structure. Jabbour seconded. Vote: Ayes 3, Jabbour, Kelley, Callahan; Nays 2, Goetten, Hurr. Goetten said she was for the application but would like to see all of the parcels combined. 1�1 Hurr asked that Staff convey to applicant that since two lots must be combined that they combine all of the lots. The Council did not want to hold up the application but requested that a total combination be done. The representative said he would convey the information but felt the combinatin "muddied the waters" and only wished to correct a non - conformity. Jabbour responded that the law prohibits a dock on any land without a principal structure, and no variance could be granted without the combination performed. Hurr noted that there was no cost involved in lot combinations. ( #13) #2073 WILLIAM AND SUSAN DUNKLEY, 2709 WALTERS PORT LANE - VARIANCESICUP - RESOLUTION #3619 Gaffron noted the presence of the applicant's representatives. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 ( #13 - #2073 William and Susan Dunkley - Continued) • Gaffron reported that the application is for a request for a number of variances for three projects on the Lakeshore property with a channel into Walters Port lagoon. The application is for repair to the driveway, retaining walls, front stoop, as well as other retaining walls. The wood retaining walls along the lakeshore would be replaced as well as the retaining walls along the garage. The front entry is proposed to assist in alleviating water problems. A IO'x33' three - season porch and 10'x16' deck is proposed on the lakeside of the residence. The Planning Commission reviewed the application and recommended partial approval based on replacing the existing wooden retaining walls with modular block retaining walls. The wood retaining walls would have to be removed per the Engineer's recommendation. Gaffron said applicants had sent a letter requesting that a portion of the wood walls be allowed to remain in place since removal would create a stability problem. The front entry was noted to be intended to correct the water problem. The Planning Commission denied the porch and deck as there was no hardship shown and because of the location so near the Lakeshore within the 0 -75' zone. It was further recommended that hardcover of rock with fabric and plastic be removed. There were a few areas along the house and adjacent to the walkway which would remain. Gaffron said Staff concurred with the Planning Commission recommendations. He noted that the porch and deck would have increased the lot coverage by structures from 15.1% . to over 16 %. While attempting to calculate the hardcover, it was found that some areas were not defined. Staff recommended an as -built survey be completed to include the driveway that was recently rebuilt. Based on the initial survey, the new driveway apparently adds about 150 s.f of hardcover. The net would not change considerably with the removal of the rock areas. Goetten asked if the application was made before or after the project begun. Gaffron said the driveway had been started. He told the entryway contractor it would be inappropriate to pour the concrete until the Planning Commission could review the plan. The concrete was poured without regard for this advisory. Hun suggested that the as -built survey be completed prior to any permit being issued. The applicant's landscaping representative commented that it was their attempt to save a large amount of trees and have found it difficult to grow grass in the back corner area. There is a large amount of hostas and other greens. The rock on the side of the house to the lake will be replaced with grass. Hostas and other greenery will be placed on the north side of the house as grass is difficult to grow in this area. 12 MIlVUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 ( #13 - 42073 William and Susan Dunkley - Continued) • The representative noted that there was no problem with removal of the wood retaining walls on the back side but was concerned with the area where the brick pavers are located. He believed once the top timbers are gone, the dirt would be disturbed and would lose some soil. He was concerned with getting the patio block back into the same place. He noted that the front entry addition would eliminate water pouring into the basement. Gaffron said the applicant, in a letter received on October 4, asked if no screened porch was approved, if they could place a sunroom over the existing deck on the south end. Gaffron said part of the problem was that the deck was located 6 -T from the side lot line where 10' is required. It also is in the 0 -75' zone and would add to the bulk of structure on the property. There would be no change in the hardcover. The deck is currently 34' above grade with a railing. Hurr asked if there was any condition to when the original deck was built that it not be screened in. Gaffron said he was not aware of any. Goetten asked if this was to be part of this proposal. Gaffron said it was an addition to it. Jabbour asked if the project was to be done in the spring. The representative said the applicant would like to complete the front entry this fall. • It was noted that the property has a 3 -car garage. Kelley moved, Hurr seconded, to approve Resolution #3619 per the Planning Commission recommendation but allowing the wood retaining wall to be left in replace in area designated. It was noted that there was also a survey requirement in Staff s recommendation. Jabbour said he was concerned with where the wood retaining walls would remain. Kelley said he was in favor of the walls partially remaining if it met with the Engineer's approval. Condition 1 on page 4, exhibit A, stipulates where the wood retaining walls would remain. The representative confirmed that hostas and other greenery could be used in the areas where rock is eliminated. Vote: Ayes 5, Nays 0. • 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 ( #14) GARY DESANTIS, SAILORS WORLD MARINA AND BOAT CLUB, 1955 • SHORELINE DRIVE - LANDSCAPE PLAN DEADLINE Mabusth reported that a letter was provided by DeSantis regarding why the landscaping was not completed by the September 15 deadline. DeSantis was present to answer any questions. Hurr asked when the landscaping was initially set for completion. Mabusth said a year was given from the time the permit was issued in 1992. The first expiration date was 1993. Hurr felt this was an excessive amount of extended time and did not recommend any further extension. She noted she had read the letter. DeSantis said he has been served a tremendous hardship with paying the $40,000 cost for soil clean up and would have otherwise completed the landscaping. He noted the neighbor's property has contributed to the contamination problem. He said there is now documentation that the gas station would be mitigating the contamination. The documentation confirms that the load moves in his direction and has more than likely affected his property. The document is in a draft form at this time. Hurr asked what would be a reasonable date for completion of the landscaping. DeSantis said the report by the MCPA is being reviewed now and was told would take about 2 months to complete. If it was determined that there was no further leaking, the landscaping could be installed. If monitoring wells were required, DeSantis said he • would then need the funds to install both the wells and the landscaping Goetten said she understood there were extenuating circumstances but could not understand why the MPCA was not in contact with the other property owner. It was noted that the property is in foreclosure. Jabbour said it was his understanding from the owner that he was going to abandon the property. This would result in no one being responsible for the contamination. Hurr asked DeSantis if he was eligible for super fund reimbursement. DeSantis said there was a possibility of up to 90% reimbursement. Hurr asked if the contamination problem was present in 1993. DeSantis said he was unsure of the order of the delay. It had been his plan to meet the last deadline of September 15, 1995 and has been frustrated with the process and lack of assistance. DeSantis was asked how the landscaping would be affected. He indicated the geoprobes to monitor the soil could possibly disturb any landscaping. It was a 9 -point process with 3 by the road, 3 in the mid section, and 3 by the seawall. DeSantis said he could stagger the landscaping and work around the probes but finds it to be a financial drain. Callahan asked DeSantis if the delay now was due to cost or damage to landscaping. DeSantis said it would be both. • 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 ( 414 - Gary DeSantis - Landscape Deadline - Continued) Jabbour noted that DeSantis is responsible for supplying the data to the MPCA. Kelley commended DeSantis on his willingness to assist the process. He noted the City had a letter of credit on hand and could complete the landscaping but would create a financial hardship. Kelley said he would request to give the applicant the benefit of extending the deadline to spring of 1996. The situation could then be reviewed. Goetten moved, Hun seconded, to extend the landscape deadline to May 15, 1996, when a status report would be required. Ayes 4, Nays 0, Abstain 1, Jabbour. MAYOR/COUNCIL REPORT Callahan asked Moorse if the City had indicated the Council's discomfort with the decision to install a semaphore at the intersection of Wayzata Boulevard and Highway 12. Moorse said a letter was sent to Mn/DOT. Callahan asked if the City would get an official request from the City of Wayzata for the semaphore. Moorse said it was not his impression that this would happen. Callahan said the mayor of Wayzata indicated he was willing to discuss the issue with the Council. Callahan asked what stand the City of Long Lake was taking regarding the semaphore. Moorse said they were staying neutral regarding the issue. Callahan commented that the mayor of Long Lake had informed him • he was opposed to the stoplight as it was a matter of safety. Callahan asked Staff about a letter in the packet from Mr. Gustafson regarding erosion and drainage on North Shore Drive near the channel. Gerhardson said Hennepin County was responding to and working with Gustafson. Gerhardson said recent work being done upstream in the area was being investigated to see if the work created changes to the drainage. Gustafson is aware that the City is involved in investigating the matter as well as the County. Callahan asked if the information passed on regarding CoRd 15 at Orono Orchard and Wayzata Boulevard was an action item. Moorse said information was received from the County at the public information meeting regarding the Bracketts Point issue. It was found that the proposed right -of -way acquisition costs, although still expensive, were reduced significantly. Moorse asked the Council for their recommendation on the right - of -way costs and whether the Council feels the County should move ahead with additional plans. The County representative was asked for his feedback. Bruce Polaczyk, along with Jim Grube, were present. Polaczyk said since the last meeting, he had met with the District State Aid Engineer regarding whether the rural section could be downgraded to a suburban design to eliminate the need for some of the right -of -way easements. Through a field review, it was decided that the area should be maintained as a rural design as it laid in a marshy area not impacting surrounding • properties. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 (Mayor /Council Report - Continued) k h also had a meeting with the Right-of-Way Manager and conducted a • Polaczyk said e g � Y g field tour to revisit the right -of -way costs. The right -of -way cost estimate has been reduced from $100,000 to approximately $65,000 to $70,000. This does not include any credit for the pond The reduction is due to the segment along the railroad track, which is felt to be able to be acquired thru a clear zone easement. Callahan asked if the Council agreed upon the range for the right -of -way costs, what step would be taken next. Moorse said it would be recommended to the County to do the next step in the design work. Polaczyk said the Council adopted the resolution for the layout in May of 1995. The County would like the Council to endorse the right -of -way costs and direct the County to move forward with a detailed design. Callahan noted that the costs were two to three times the amount the City has budgeted for the right -of -way easements. Jabbour said the resolution regarding the road project was contingent on the right -of -way costs not being excessive. The Council needs to determine if the projected costs are excessive. Kelley asked if the City would receive money for the pond area acquisition. Jabbour said • the City would continue to own the property but it would be used as a pond and be a mitigation area. Polaczyk said he would meet with Gerhardson and the environmentalist to determine if the area can be used for wetland mitigation. Any roadway affecting wetlands has to be mitigated according to law. Polaczyk said he was unsure how much wetland would be impacted, and it would be the next step to determine this. Callahan asked if the Council agreed to a certain right -of -way cost ceiling, would the County be comfortable with moving ahead. Polaczyk said he was not comfortable with lowering the cost for right -of -way any further as it is felt the projected costs have already been fine tuned. Jabbour asked Polaczyk if the pond area was to be taken into consideration. Polaczyk said he was not well versed on this, and another field tour would be required. It was questioned how much of the land could be converted to wetland since it was marshy to begin with. Kelley asked who would make the determination and would like to hold to the $30,000 cost. C� J 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 (Mayor /Council Report - Continued) • Jim Grube said $30,000 in the overall scheme of a 2 million dollar project is small but understands it is a large amount for the City. He is not willing to give up the $30,000 from the City at this time. Grube said he believes the project is needed and the road is in bad shape. He said it was reasonable to look at areas proposed for wetland mitigation. Jabbour said he would like to pass a resolution tonight regarding the issue with a ceiling on the dollar amount for the right -of -way easements. He noted the rise in the cost from the initial projection to the final cost for the stoplight at Willow Drive and Hwy 12. Grube said this was an important project. He would like to see what can be provided but could not provide a ceiling price. Callahan noted what was missing is a general range for the value of the pond from both the City and the County. He inquired if the Council Members had a range in mind. Hurr said it would be necessary to obtain the facts first. Callahan asked the County to obtain the offsetting figure for the pond before agreeing on the cost. • Jabbour asked Polaczyk if he was comfortable with the $65,000- $70,000 range for the right -of -way costs. Polaczyk said the cost was derived by the right -of -way manager, and the correctness of the amount is based on his skill. C� Callahan asked that the information be provided for the next Council meeting. ENGINEER REPORT (" #15) REQUEST FOR PAYMENT #1 - WILLOW DRIVE STREET IMPROVEMENTS Jabbour moved, Goetten seconded, to approve payment 91 for the Willow Drive street improvements to Buffalo Bituminous in the amount of $56,948.23. Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT ( #16) APPOINTMENT OF COMMUNITY SERVICE OFFICER Moorse reported that this request was to replace a Community Service Officer with the hiring of a past intern who was familiar with the operations of the City. The new CSO would be hired at a rate of $7.10 per hour, and the pay of the current CSO would be increased to that rate also. 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9,1995 ( #16 - Appointment of Community Service Officer - Continued) proposed new CSO would be replacing Chris • Goetten asked if Coney Forniok, the eP g Fisher, or if Fisher would continue to work in that capacity. Moorse clarified that the City is in need of two CSOs, and Fisher would remain in his current position. Forniok would be replacing another person. Hurr asked how many people had applied. Moorse said he did not know the exact number but confirmed that the position was advertised in both the Star Tribune and the local paper. Hurr was also informed that Moorse was comfortable with the selection process. Kelley had also voiced his concern with the process. Moorse said the selection is a 2 -step interviewing process. Callahan said he did not see the reason for the Council to be concerned with the hiring and selection if the Staff was satisified with the results. Moorse said it was brought to the Council as all hiring is approved by the Council per the City ordinance. Hurr moved, Goetten seconded, to approve the hiring of Correy Forniok at $7.10 per hour effective September 25, 1995, and the increase of pay for Chris Fisher from $6.44 to $7.10 per hour effective September 25, 1995. Vote: Ayes 5, Nays 0. Callahan asked Moorse to review the need for the administrative detail to go through the Council. • ( #17) BRACKETTS POINT CURVE ROADWAY IMPROVEMENT Callahan said the public was given the opportunity to comment on the proposed improvements of Bracketts Point Curve at the public information meeting and would reserve this item for discussion by Council only. Hurr noted the memo from Moorse on the number of accidents that have occurred in this location. Between 1990 and 1995, 18 accidents have occurred ranging from 2 to 5 per year with one personal injury. Goetten commented on the receipt of a letter from a former mayor, Mary Butler, on this issue, who was not in attendance at the meeting. Callahan read the letter into the minutes. The letter recognized the need for the curve on the road to be straightened out, a need for a bigger buffer, a note of the higher traffic levels, and asked Council to upgrade the road. Callahan said he was unconvinced of the safety issue requiring the improvement. Callahan noted that the parkway system causes traffic to slow down and remain slowed down. He said the comments from the minutes from the information meeting and the public meeting two years ago agree with his opinion. Callahan said he was opposed to the improvement and approves the road being paved over only. • is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9,1995 ( #17 - Bracketts Point Curve Road Improvement - Continued) • Huff moved, Jabbour seconded, to direct the County to proceed with the next stage of project design, keeping the roadway within the right -of -way. The Indian Mounds and tree preservation were to be taken into consideration. Callahan asked that costs be developed for the temporary right -of -way easements. Vote: Ayes 3, Huff, Jabbour, Goetten; Nays 2, Kelley, Callahan. Susan Lenny, 1510 Green Trees asked what the next step would be in the process. She was informed that the County would determine project costs and easements and present a final design. The County would contact any property owners regarding temporary construction easements. The City Attorney said if she and the County could not agree on a price for the temporary easement, the property in question could be condemned. Callahan noted that there would be another public hearing dealing with the final costs and layouts, which will be within the current right -of -way. Moorse said Lenny would be notified of the next time this item will be considered by the City Council. ( #18) ESTABLISH DATE FOR ASSESSMENT HEARING FOR WILLOW DRIVE Il"ROVEMENTS 0 The assessment hearing date was set for November 27, 1995, at 6:45 p.m.. The hearing was noted to affect two property owners. The date was set to enable time to obtain final costs. It was further noted that 4 Council members would be needed to attend. Goetten will be absent. ( #19) ICE RINK AT ANTOINE PLAYGROUND Moorse reported that the Park Commission has been looking at the ice rink usage and maintenance. Antoine and Hackberry Parks were identified as rinks with low usage. Letters were sent to the neighbors asking if they agreed with the assessment made by the Park Commission. A large number of the residents around Hackberry Park responded and were in favor of maintaining the rink. A low response was received from the neighbors of Antoine Park. Moorse said the Park Commission has recommended that no rink be maintained at Antoine. This would benefit Staff as no maintenance, flooding, or snow removal of the rink would be needed. n LJ 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 ( #19 - Ice Rink at Antoine Playground - Continued) Moorse questioned whether there was a need to send another letter to the neighborhood • regarding the recommendation. Goetten asked what the initial letter said. Gerhardson said the original letter informed the residents that the rink had been monitored and appeared to be used infrequently. They were informed that the City was considering not maintaining the rink. Gerhardson added that the City does not wish to see rinks on the lake and is concerned with safety with lake rinks. Hurr said she was in attendance at the Park Commission meeting and saw no reason to send another letter. Jabbour said he knew a couple of the neighbors would be disappointed but noted the difficulty in maintaining rinks. Gerhardson said the quality of ice at the City rinks were concentrated on last year and produced quality ice. It was found to require 110 hours per rink per year to maintain the rinks. Callahan moved, Hurr seconded, to approve the closure of the ice rink at Antoine Park. Vote: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Barrett had no report. ( * #20) LICENSES • Jabbour moved, Goetten seconded, to approve the following licenses: Ayes 5, Nays 0. Home Occupation License Charles and Ann Anderson Annual Review 1295 Loma Linda Avenue Home Occupation License John Hallson Initial Review 120 Golden View Drive ( * #21) BILLS Jabbour moved, Goetten seconded, to approve payment of the All Funds Account. Ayes 5, Nays 0. 11 20 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 9, 1995 • ADJOURNMENT Callahan moved, Jabbour seconded, to adjourn at 9:50 p.m. Ayes 5, Nays 0. U �J ATTEST: 21 ward J. Calla)xn, Jr., Mayor