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Home My WebLink About05-12-1986 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 ATTENDANCE 7:15 P.M. The Orono Council met on the above date with the following members present: Councilmembers Adams, Grabek, and Frahm. Mayor Butler arrived at 7:27. Councilmember Hammerel was absent. 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. Also present were City Attorney Blatz and City Engineer Cook. CONSENT AGENDA* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the Consent Agenda* as presented. Motion, Ayes 3, Nays 0. APPROVAL OF MINUTES* . It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the Minutes of the April 28, 1986 Council meeting as submitted. Motion, Ayes 3, Nays 0. PARR COMMISSION COMMENTS There were no comments from the Park Commission at this time. PLANNING COMMISSION COMMENTS Planning Commissioner McDonald 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: #990 WARD FERRELL* 3405 WATERTOWN ROAD It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to defer this matter until the May 27, 1986 Council Meeting as requested by the applicant. Motion, Ayes 3, Nays 0. #991 & #1018 WILLIAM J. ULRICH 1535 & 1595 BOHN'S POINT ROAD AFTER -THE -FACT CONDITIONAL USE PERMITS William Ulrich was present for this matter along with his representatives: Attorney Thomas Humphrey Jr., Attorney Gregory Halbert, Project Coordinator, John Noble, Landscape Architect James Robin, and Surveyor Mark Gronberg. 01 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 #991 & #1018 ULRICH continued City Admini the 4 areas Area 1 Area 2 Area 3 Area 4 strator Bernhardson explained and pointed out to be dealt with in this matter: - Addition of 3 -6" of topsoil near the lagoon - Extension of 2' foundation drain in the 0- 75' zone to the lake - Placement of a 6' berm near the road - Fill between 1535 & 1595 Bohn's Point Rd. Zoning Administrator Mabusth stated that the Planning Commission recommended approval of the final grading plans except for the berming, which they recommended removal of the berms and restoration to the natural and original state. She noted that the water quality from the foundation drain was found to be excellent. Mr.. Ulrich stated that the purpose of the berm was for privacy due to the scale of the house. He stated that the neighbors were agreeable to a 6' berm. Councilmember Frahm stated that a 6' fence is not allowed therefore a 6' berm should not be allowed. He recommended a 3 -1/2' berm in relation to the allowed 3- 1/2' fence. It was noted that the ordinance does not address berms, however, Frahm stated that he felt the intent of the fence ordinance would include berms. Mayor Butler stated that evergreen plantings would serve the same purpose and blend in with the character of the neighborhood. Councilmember Frahm stated that he had concerns regarding the installation of the foundation drain to the lake and that the City should define the standards before approved. Mayor Butler suggested requiring a letter of credit and developer's agreement for the landscape plan in order to assure the completion of this project. Councilmember Grabek stated that it should be noted that no fence could be erected on top of the 3 -1/2' berm. Attorney Tom Humphrey stated that they have no problem with submitting the letter of credit and defering action on-drain ditch until standards are established,.however they were opposed to limiting the berms to 3 -1/2' feet as the ordinance is silent regarding height of berms and that there is no factual basis to impose a limitation on the height of the berm. K MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 1991 & #1018 ULRICH continued Mayor Butler stated that the Council has the right to place a limitation on the height of the berm because they need a conditional use permit to have the berms. She noted that the current zoning code does not allow anything along the road higher than 3 -1/2'. Mr. Humprhey stated that if that is the City's intent to include berms then it should be stated as such, which the code currently does not. It was moved by Councilmember Frahm, seconded by Cottnci lmember Adams, to direct staff to draft a resolution stating: A) Area 1 - approval of conditional use permit for lagoon area alterations as proposed Area 2 - approval of the foundation drain subject to City establishing standards and guidelines consistent with the established environmental policies of the city Area' 3 - berms restricted to 3 -1/2' in height which coincides with fence ordinance and that no fence be allowed on top. Area 4 - approval of conditional use permit for fill between former property lines as proposed B) subject to submitting a letter of credit for the landscape plan and developers agreement with completion date. Motion, Ayes 4, Nays 0. #1004 WILLIAM J. ULRICH 1535 & 1595 BOHN'S POINT ROAD PRELIMINARY SUBDIVISION - CLASS II RESOLUTION #1987 City Administrator Bernhardson explained the the proposed lot line rearrangement, of the applicant's residential properties, satisfies all standards of the LR -1B zoning district. Zoning Administrator Mabusth stated that the proposed resolution should be amended, under Conditions item #2 to read: Applicant must remove 207 square feet of driveway area on southern lot per Exhibit A attached herewith. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #1987 granting preliminary plat approval as amended. Motion, Ayes 4, Nays 0. K, k4: 'cop MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 #999 BELDON /MELINE 3598 NORTH SHORE DRIVE VARIANCE Benn Beldon and Evan Meline were present for this matter. City Administrator Bernhardson reviewed the variances requested to allow construction of a new house on a severely substandard lot. Mayor Butler stated that she looked at the Hennepin County lot yesterday and found that the majority of the lot is now under water and that in her opinion the amount of dry buildable is not more than the shoulder of the road. Due to this fact, she agrees with the Planning Commission recommendation of denial. Applicants stated that they still believe there are alternatives yet to be found that could be acceptable. They also noted that this lot has been assessed as a buildable lot. Mayor Butler stated that she does not feel that acquisition of the additional property from Hennepin County would benefit the situation. It was also noted by the Council regarding the taxes, that the property owners have the right to appeal the assessed value. The applicant's stated that they in good faith removed the hazardous foundation which they believe gave them the "grandfather" right to remodel or rebuild. City Administrator Bernhardson noted that the structure was deemed to be hazardous and not able to be remodeled. City Attorney Blatz stated that the Council has the obligation to consider health & safety measures, which in this case seems to be in the best interest of the applicants. Applicants questioned what alternative uses can this property serve i.e. recreational lot, dockage etc. Councilmember•Frahm be on the lot in structure. 4 01 stated that a primary structure must order to allow the accessory dock MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 #999 BELDON /MELINE continued City Administrator Bernhardson suggested that if it is the Council's considered, opinion they direct staff to draft a resolution of denial in conjunction with researching the code for recreational uses that may be allowed. It was moved by Councilmember Adams, seconded by Mayor Butler, to direct staff to draft a resolution of denial and to meet with the applicants to explain their no- buildable alternatives. Motion, Ayes 4, Nays 0. #1010 DUANE HALL* 1860 SHADYWOOD ROAD PRELIMINARY SUBDIVISION DENIAL RESOLUTION It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to defer this matter until the May 27, 1986 Council Meeting as requested by the applicant. Motion, Ayes 3, Nays 0. #1011 EXCELSIOR BAY YACHT CLUB DEERING ISLAND CONDITIONAL USE PERMIT AND VARIANCE Douglas Klint and Brian McGoldrick were present representing the Excelsior Bay Yacht Club. City Administrator Bernhardson explained the request for a conditional use permit on Deering Island for a day use recreational area and a variance to the minimum area of 5 acres. The applicant proposes; a maximum of 75 users (staff recommends a maximum of 53) at one time, 38 - 40' dock slips, construction of a 900 s.f. gazebo, and installation of septic system. Councilmember Frahm stated that he had no problems with the proposed use but felt the proposed 38 slips were excessive. In addition, the location of the docks would create more problems in an already heavily used area. At this time (8:26 PM), Councilmember Frahm had to temporarily leave the Council meeting. Mayor Butler noted that approximately 65 letters of opposition have been received. In addition, she read into the record a letter of opposition from Dick Cherba, 1340 Vine Place. Mayor Butler stated that she agreed with Councilmember Frahm's statements. She also questioned, based on information she has received, whether the proposed site for docks is deep enough to navigate boats to docks. 5 a MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 #1011 EXCELSIOR BAY YACHT CLUB continued Mr. McGoldrick stated that last year they were able to get a boat within 15 feet of the island. Zoning Administrator Mabusth noted that the proposed 40' docks would extend a 100' from shoreline. City Administrator Bernhardson noted the possible need for a business use license for the dockage. Councilmember Adams asked the applicant why they could not proceed on a less aggressive dockage plan. Mr. Klint stated that they are prepared to do that, but they want their right to control it on a private basis and they are entitled to 38 slips per LMCD. He stated that they feel that the City does not have the expertise to decide the number or size of docks that should be allowed. In addition, Mr. Klint stated that at this time they would like to withdraw the application for a variance because at the time the code was adopted, the city took the position that the island was 6.5 acres which was recorded acurate and final for all times. He stated that it is a record lot and regardless of the size of the island at this time, they do not need the variance. Mayor Butler stated that the issue is that the island is now only 2.65 acres and the city can not pretend that the island is 6.5 acres, and the proposed recreational day use does indeed require a variance. City Attorney Blatz concurred with Mayor Butlers statement and to overlook the facts concerning the actual size of the island would be irresponsible. Councilmember Grabek stated that he is not in favor of utilizing the island in a commercial fashion and feels there would be long term problems i.e. transfer of ownership. He asked the City Attorney's opinion in this matter. City Attorney Blatz stated that she would like to review the code and its history before giving her legal opinion. She noted that the city does have the right to place conditions which they feel appropriate in granting a conditional use permit. It was moved by Councilmember Grabek, seconded by Councilmember Adams, to table this matter pending a legal opinion by the City Attorney. Motion, Ayes 3, Nays 0. A MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 #1014 BOARD OF GOVERNOR'S OF BIG ISLAND VETERAN'S CAMP RECORD LOT #7 CONDITIONAL USE PERMIT RESOLUTION #1988 Stuart Gorney was present representing the Board of Governors. City Administrator Bernhardson explained the request for a conditional use permit to allow temporary overnight camping by workers involved in the Big Island Veteran's Camp clean -up. Councilmember Grabek questioned why the clean -up is not done on a daily basis, and should not be opened up to an unsafe situation with a season of camping. Mr. Gorney noted that 98% of the work will be done on weekends by volunteers and more can be accomplished if they are allowed to camp overnight. He noted that a caretaker will be the only person allowed to camp for the full 90 days. Councilmember Grabek stated that based on that intent, he has no problem with this application. It was moved by Councilmember Grabek, seconded by Mayor Butler, to adopt Resolution #1988 granting a temporary conditional use permit for the overnight camping of volunteer workers subject to: a) staff to inspect the site bi- weekly b) caretaker the only allowed-90 day camper Motion, Ayes 3, Nays 0. #1015 ERVIN F. KAMM, JR. 755/763 NORTH FERNDALE ROAD PRELIMINARY SUBDIVISION APPROVAL RESOLUTION #1989 City Administrator Bernhardson explained the request for preliminary subdivision approval noting that-there is a variance for no access to a public street included. Assistant Zoning Administrator Gaffron reviewed the ownership of the private driveways and which houses they served. He stated that the proposed lots have adequate primary and alternate septic cites. It was moved by Councilmember Adams, seconded by Mayor Butler, to adopt Resolution #1989 granting preliminary subdivision approval with the additional notation specifying that public road frontage variances are granted for both Lots 1 and 2. Motion, Ayes 3, Nays 0. F MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 #1019 RALPH MARTINSON 2525 WOODHAVEN DRIVE PRELIMINARY SUBDIVISION APPROVAL RESOLUTION #1990 Ralph Martinson was present for this matter. City Administrator Bernhardson explained the preliminary subdivision request which meets all the standards except having frontage on public street. He noted that the resolution should be amended in the same manner as the previous application. It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #1990 as presented granting preliminary subdivision approval with the additional notation that a variance is granted to the "frontage -on a,public street" code requirement. Motion,_,Ayes.3, Nays 0. #1021 JAN & NORA AKERBERG 4075 HIGHWOOD ROAD VARIANCE RESOLUTION #1991 ENGINEER'S REPORT: Nora Akerberg was present for this matter. City Administrator Bernhardson explained the request to approve hardcover in excess of the allowable limits concurrent with hardcover removal in the 75 -250' setback zone. Assistant Zoning Administrator Gaffron noted that Planning Commission recommended approval to allow a slight increase in order for a drainage area of hardcover to remain. It was moved by Mayor Butler, seconded by Councilmember Grabek, to adopt Resolution #1991 as drafted. Motion, Ayes 3, Nays 0. Engineer Cook had nothing to report at this time. MAYOR'S REPORT: EMERGENCY PREPAREDNESS EXERCISE It was moved by Councilmember Grabek, seconded by Councilmember Adams, to accept.the information regarding the emergency preparedness exercise on April 22, 1986. Motion, Ayes 3, Nays 0. N MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 CABLE TV REPORT: Councilmember Adams complimented City Administrator Bernhardson for his informational input for the city's information broadcast. He stated that the City should have an "at large" representative from the community. CITY ADMINISTRATOR'S REPORT: BOARD OF REVIEW* TUESDAY, MAY 27, 1986 - 6:00 P.M. It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to accept staff's memo regarding the schedule date and time of the 1986 Board of Review. Motion, Ayes 3, Nays 0. TEMPORARY SUMMER EMPLOYMENT* JAMIE BOSMA It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to authorize employment of Jamie Bosma as a temporary employee from June 1, 1986 to August 29, 1986 at an hourly rate of $6.00 per hour plus associated part -time benefits. Motion, Ayes 3, Nays 0. ZONING AMENDMENT* RECOMMEND DEFERRAL It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to defer discussion of the pending zoning amendments until the meeting Tuesday, May 27, 1986. Motion, Ayes 3, Nays 0. 1 WEST FERNDALE INTERSECTION /COUNTY ROAD 15 City Administrator Bernhardson explained the three options to correct the hazardous intersection and the option recommended by Public Works Coordinator Gerhardson, which is to close off West Ferndale Road and reroute traffic to West Ferndale cutoff (costs to install guard rail posts $768). Council questioned why they don't just square off the intersection to slow traffic. Public Works Coordinator Gerhardson stated that the intent is to make a safe intersection in addition to eliminating the maintenance of two access roads. It was moved by Councilmember Adams, seconded by Mayor Butler, to accept staff's recommendation and establish a public hearing for June 23, 1986. Motion, Ayes 3, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 HIGHWAY 12/WILLOW DRIVE INTERSECTION SEMAPHORE CONTROL RESOLUTION #1992 It was moved by Mayor Butler, seconded by Councilmember Adams, that the City Council of Orono adopt Resolution #1992 requesting that the Minnesota Department of Transportation research the warrants for installation of a traffic signal at the intersection of Highway 12 and Willow Drive and that if met they should commence construction and funding of such a signal in the immediate future. Motion, Ayes 3, Nays 0. NOTE: At this time (9:35 P.M.) Councilmember Frahm returned. REVENUE SHARING REIMBURSEMENT FOR BUDGETED EXPENDITURES It was moved by Councilmember Grabek, seconded by Councilmember Adams, to approve the transfer of $ 9.,18 2.0 2 from Revenue Sharing Fund to the General Fund for reimbursement of personal services expenditures within the Police Department, and the transfer of all future Revenue Sharing funds as received during 1986 to the General Fund for reimbursement of personal services expenditures within the Police Department. Motion, Ayes 4, Nays 0. WAYZATA SERVICE CONTRACT It was moved by Councilmember Adams, seconded by Councilmember Frahm, to accept City Administrator's information regarding the possibility of contract with the City of Wayzata for certain building inspection services. Motion, Ayes 4, Nays 0. WINTON BURMASTER DAY RESOLUTION #1993 It was moved by Councilmember Grabek, seconded by Councilmember Frahm, passing Resolution #1993 to declare June 14, 1986 as Winton Burmaster Day in the City of Orono in honor of his many years of fine service. Motion, Ayes 4, Nays 0. HAZARDOUS BUILDING PROCEEDINGS* RESOLUTIONS #1994, 1995, 1996 It was moved by Councilmember Frahm, seconded by Councilmember Grabek, passing Resolution #1994 through #1996 to commence hazardous building proceedings on the following properties: Resolution #1994 Resolution #1995 Resolution #1996 Motion, Ayes 3, Nays 10 - 1929 Fagerness Point Rd. - 1305 Elmwood Rd. - Lot next to 1415 Cherry Place 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 REQUEST FOR REFUND* GENERAL PERMIT #8438 It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve refund of $60.50 to Robert Thoen Plumbing for General Permit #8438. Motion, Ayes 3, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve City Administrator Bernhardson's Information report regarding: Highway 12 Study, Stubbs Bay School, and Hardcover. Motion, Ayes 3, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Blatz had no report at this time. LICENSES* BILLS* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the following Licenses: Septic System Installers - Elmer J. Peterson Widmer Inc. Garbage & Refuse Collectors - R &W Sanitation, Inc.. East Tonka Sanitation Westonka Sanitation Motion, Ayes 3, Nays 0. It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 3, Nays 0. ADJOURNMENT 9:40 P.M. It was moved by Councilmember Grabek, seconded by Councilmember Adams, to adjourn the regular Council meeting at 9:40 P.M. Motion, Ayes 4, Nays 0. "rothyy Hallin, C ity Clerk Mary C. B tier, Mayor 0' 11