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HomeMy WebLinkAbout06-09-1986 Council Minutesa i MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 ATTENDANCE 7:04 P.M. The Orono Council met on the above date with the following members present: Acting Mayor Adams, Councilmembers Grabek, Frahm, and Hammerel. Mayor Butler was absent due to illness. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Blatz was also present. CONSENT AGENDA* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the Consent Agenda* as submitted. Motion, Ayes 4, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the minutes of the May 27, 1986 Council Meeting as submitted. Motion, Ayes 4, Nays 0. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the minutes of the 1986 Board of Review Meeting held on May 27, 1986 as submitted. Motion, Ayes 4, Nays 0. PARR COMMISSION COMMENTS There were no comments from the Park Commission at this time. PLANNING COMMISSION COMMENTS Planning Commission member J. Diann Goetten 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 VARIANCE DENIAL RESOLUTION City Administrator Bernhardson reviewed the three options in this application: 1. Adopt denial Resolution as drafted. 2. Table the matter indefinitely upon request by applciant. 3. Allow the applicant to revise his application to a 1- additional - building -site request. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 ATTENDANCE 7:04 P.M. The Orono Council met on the above date with the following members present: Acting Mayor Adams, Councilmembers Grabek, Frahm, and Hammerel. Mayor Butler was absent due to illness. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Blatz was also present. CONSENT AGENDA* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the Consent Agenda* as submitted. Motion, Ayes 4, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the minutes of the May 27, 1986 Council Meeting as submitted. Motion, Ayes 4, Nays 0. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the minutes of the 1986 Board of Review Meeting held on May 27, 1986 as submitted. Motion, Ayes 4, Nays 0. PARR COMMISSION COMMENTS There were no comments from the Park Commission at this time. PLANNING COMMISSION COMMENTS Planning Commission member J. Diann Goetten 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 VARIANCE DENIAL RESOLUTION City Administrator Bernhardson reviewed the three options in this application: 1. Adopt denial Resolution as drafted. 2. Table the matter indefinitely upon request by applciant. 3. Allow the applicant to revise his application to a 1- additional - building -site request. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #990 WARD FERRELL continued Ward Ferrell and his attorney, Jerry Rice, were present for this matter. Mr. Rice stated that he is familiar with the area in question because he lives in the area and also holds a contract for deed on property across the road from applciant's. He stated that he has researched the matter and feels there is a substantial issue of equitable estoppel involved and that this is a special situation based on an old promise by a Mayor. He stated that Mr. Ferrell is prepared to proceed with a legal suit if necessary. Councilmember Frahm asked applicant if he wanted the Council to act on the request for three lots, not considering any alternatives. Mr. Ferrell stated that was correct. Mr. Rice stated that they would be agreeable to Council tabling the request in order for Council to think about it. City Attorney Blatz wanted the record clarified regarding the apparent conversation between Mr. Ferrell and Planning Commission member VanNest, she noted that the record was researched and found no indication that word was given to Mr. Ferrell that he could plat his property accordingly and the code would not apply to ,him. She also noted that there is case law whereas the court ruled that regardless of indications made by a past council, the current council must uphold the ordinances. Mr. Rice clarified that he was referring to the word given by Mayor Ross when Mr. Ferrell platted his property. Acting Mayor Adams stated that he was always told that one council can not bind future councils. It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the denial resolution as drafted to be adopted June 9, 1986. At this point, Mr. Ferrell and his attorney were given the opportunity to request tabling this matter to reconsider the request for 2 additional houses. Mr. Rice stated that he would like the matter tabled in order for him to consult with his client, Mr. Ferrell. City Attorney Blatz stated that she would recommend tabling the matter if the Council's intent is to allow applicant to modify his application for 1 additional house to be constructed on his property. E MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #990 WARD FERRELL continued Councilmember Frahm withdrew his motion. It was moved by Councilmember Hammerel, seconded by Councilmember Adams, to table this matter at this time. Motion, Ayes 4, Nays 0. #991 & #1018 WILLIAM J. ULRICH 1535 & 1595 BOHN'S POINT ROAD AFTER -THE -FACT CONDITIONAL USE PERMITS RESOLUTION #2004 City Administrator Bernhardson reviewed the conditional use permits and variances and the drafted resolution addressing the following items: berms are limited to 3- 1/2' with no fences on them, staff has devised standards for the drainfield and the plan will be approved in accordance with those standards, alteration of the lagoon, fill between the the two properties, and letter of credit and developers agreement has been secured. Staff recommends adoption of the resolution. He noted that Planning Commission will review the requests for a geothermal system and extension of seawall in lagoon at their June 16th meeting. Present representing applicant were: Attorney Gregory Halbert, Surveyor Mark Gronberg, and Engineer Don Brauer. Mr. Halbert stated that they have reviewed the proposed resolution and request amendment of Condition #3 being that the former residence on Lot 2 must be removed by July 1, 1986. He stated that they are currently using the house for storing materials, housing and sanitation facilities for the laborers, therefore requesting that they allow the house to remain until September 1, 1986 subject to keeping the property neat and orderly. Staff stated that they had no problem with that request. City Administrator Bernhardson noted that they have not received any more complaints regarding the construction hours. It was moved by Acting Mayor Adams, seconded by Councilmember Hammerel, to adopt Resolution #2004 approving the after - the -fact conditional use permits and variance amending the date on Condition #3 to September 1, 1986. Motion, Ayes 4, Nays 0. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #1011 EXCELSIOR BAY YACHT CLUB DEERING ISLAND CONDITIONAL USE PERMIT AND VARIANCE City Administrator Bernhardson reported that staff received word that the owner of Deering Island is withdrawing the application and will be sending a letter to that effect. He recommended tabling the application until it is formally withdrawn. It was moved by Councilmember Hammerel, seconded by Councilmember Grabek, to table the Excelsior Bay Yacht Club application at this time. Motion, Ayes 4, Nays 0. #1015 ERVIN KAMM* 755/763 NORTH FERNDALE ROAD FINAL SUBDIVISION RESOLUTION #2005 It was moved Councilmember approving the Nays 0. 41017 MORRIS & JACKIE NELSON 1900 SHORELINE DRIVE ZONING AMENDMENT by Councilmember Frahm, seconded by Hammerel, to adopt Resolution #2005 Plat of Lydiard Hills. Motion, Ayes 4, City Administrator Bernhardson explained the proposed Zoning Amendment to create a Bed & Breakfast (B &B) conditional use permit within a residential district issues being 1)concept of B &B in the community 2) and the specifics of B &B. He noted that Morris & Jackie Nelson are listed as the zoning amendment applicants, however, it is a zoning amendment general and generic to the community and not specifically to their property and application. Depending on the outcome of this Council meeting, they may be taking their conditional use permit application before the Planning Commission. At this time, Councilmember Frahm removed himself from the Council because he has been involved with business talks with Morris Nelson. He noted that he has voiced his feelings regarding B &B use in previous discussions. Councilmember Grabek stated that he felt a B &B was not., an appropriate use in a residential community and does not benefit the community. He was concerned with how the city would control and limit B &B's. He noted that-if this use were approved, he felt that the proprietors should be experienced in this area and their financial background should be reviewed. He noted that this was his own personal unsolicited opinion. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #1017 MORRIS & JACKIE NELSON continued Acting Mayor Adams stated that he felt the required conditional use permit would control the B &B. He noted that he felt reluctant to vote on a zoning amendment with only three members of the Council. City Attorney Blatz stated that any ordinance must be enacted by a majority vote of the entire Council, which would be three members i.e. three positive votes in order to pass. Councilmember Hammerel stated that he felt Orono is the type of place for a B &B and adds charm to the neighborhood. Acting Mayor Adams stated that there should be alternative uses for large homes in residential areas. He stated that he would like Mayor Butler's input and would like to do more research himself. Pauline Bouchard, 1860 Shoreline Dr., presented 89 signatures of Orono residents stating their opposition' to the proposed B &B establishments in residential areas. She stated that she personally objected to having a B&B next door and stated that in her opinion it would have to run seven days a week (rather than the proposed weekends only) in order, to support the business which would make it just like a motel. Acting Mayor Adams asked if they would support a B &B use if certain conditions were imposed. Pauline Bouchard stated "No, it was too open - ended" It was moved by Acting Mayor Adams, seconded by Councilmember Hammerel, to table this matter at this time. (Staff to set appropriate date) Motion, Ayes 3, Nays 0. #1020 SUBURBAN HENNEPIN REGIONAL PARK DISTRICT 2865 NORTH SHORE DRIVE - NOERENBERG MEMORIAL PARK CONDITIONAL USE PERMIT Representing Suburban Hennepin Regional Park District were: Marty Jessen, Commissioners Neil Weber & Shirley Bonine, Director of Natural Resources David Weaver, Bob Wicklund and Deb Bartels, and Don King. City Administrator Bernhardson stated that Noerenberg Park is a permitted use in the residential area but because of the uniqueness of the park the city has already required a conditional use permit. The Park District is to make their presentation regarding the master plan development of the park. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #1020 SUB. HENN. REG. PARR DISTRICT continued Acting Mayor Adams stated that he would like to publicly thank and recognize the four Orono residents who served on the Noerenberg Park Advisory Committee for their efforts and time put into this plan. They are: J. Diann Goetten, Barb Peterson, JoEllen Hurr, and George Rector. Marty Jessen and Deb Bartels made their presentation of the proposed plan. Mr. Jessen noted that the only area in which there is a discrepancy from the criteria set forth in the Orono City code is related to the hardcover within the 0 -75' area. They are proposing an additional slight increase of 0.3% of hardcover which would be for widening the existing brick path. He stated that according to the current attendance figures (which they consider the park is very under utilized at this time), they predict the annual attendance in 1990 would be approximately 19,000, this increase is partially based on the proposed extended season. He noted that it was not their intent to attract large crowds but they would like to provide high quality services and facilities. Mr. Jessen stated that the plan consists of three phases of development: 1) Memorial arbor, landscape plantings, site utilities, water distribution, and parking lot. 2) Visitor center, pathways, garden trellis and plantings. 3) Water feature, wall garden at entrance, fountain sculpture and other architectural features. He stated that funding for the improvements beyond phase 1 are currently not available and depend on funding of contributions etc. They would like approval on the entire plan at this time. Public Comments Mr. & Mrs. George Grooms, 3065 North Shore Drive - They understood that this plan was turned down by the Planning Commission and wondered why it was still under consideration. Mr. Grooms stated that he believed Lora Hoppe would not have approved of the plan and it was not her intent, her intent was to have a few ladies visiting on occasion and a plan of this size is not necessary for that intent. r Pat & Jim Mitchell, 2685 North Shore Drive - She stated that there was no need for a building when the park is i used only 3 months of the year, and no need for the blacktop parking lot. Jim Mitchell noted that the will states that the park "not present problems for neighbors ". In addition, he noted that the Planning Commission denied the plan due to the proposed ! intensification of use. R MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #1020 SUB. HENN. REG. PARK DISTRICT continued Diann Goetten - She stated that the building is mainly for the maintenance personnel and storage of smaller equipment and also for restroom facilities. She also noted that Ray Forde, who has a lifetime estate, is in total support of the plan. She noted that the paved parking lot is necessary due to the maintenance involved in repairing the ruts created during rainy weather. . Mary Ann Kienzler, 1200 Old Crystal Bay Rd. - She stated that she was in support of the plan and thought that it was a wonderful place for children to learn. Jack & Kathy Swenson, 3020 North Shore Drive - Jack Swenson stated that he agreed with the Planning Commission's findings regarding the intensification of use and that the park is beautiful as is and saw no need to spend 1.2 million to change. Kathy Swenson stated that currently there is a big problem with boats docking and there is no attempt to control. Marty Jessen agreed that there was a problem with boats and that they intend to utilize the park rangers more to control. JoEllen Hurr, LMCD representative on the Noerenberg Park Committee - She stated that she felt the plan presented was a good one and is within the intent of the Hoppe will. She stated that the Hennepin Park District is a good neighbor and that this is not a zoning issue except for the 0.3% hardcover issue. ' Tim Traff, 2683 North Shore Drive - He stated that he resented the presentation given, is opposed to the plan and it should be left as is. The question was brought up regarding use of tax money for the park. Bob Wicklund stated that tax money has not officially been eliminated, but based on the Hoppe endowment for the park, there is no need or intent to use tax money for this project. Patricia Roberts, 2683 North Shore Drive - She stated that she objected to the proposed usage and the 25,000 annual visitor (mid 19901s) prediction. A resident questioned why the Park District was advertising a garden party in which music and refreshments would be provided when the plan has not been given approval yet and when they are not allowed to serve food at the park. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #1020 SUB. HENN. REG. PARR DISTRICT continued Mr. Jessen stated that it was merely the annual garden party, the food consisted of tea and cookies, the music is usually a harpist etc. The purpose of the garden party was to basically recreate the atmosphere of a tea party that was held when the Noerenbergs lived there. Public comments closed. Councilmember Hammerel stated that he has lived in this area for 34 years and felt that the park was underused and that the residents just do not want a park for the publics' use. He noted that the current attendance is 9,000 visitors annually and nobody even notices them. He agreed that there was a problem with boaters but does not know what they can do about it other than having a full time officer standing guard., Councilmember Grabek stated that he objected to the additional parking on north side which could potentially lead to future expansion of the north side. He stated that he felt the park was currently underused however, there should be limitations on the use such as no overflow parking. He noted that the park district does a good job of maintaining their parks. Acting Mayor Adams stated that he was opposed to the 50 blacktop parking spaces and felt they should start with half that amount of spaces and review the need at a later date, such as when the visitor center is built. Mr. Jessen stated that they felt the need for 50 spaces was already there but they could consider other alternatives to the blacktop such as grass crete etc. Councilmember Frahm stated that the proposed overflow parking on the north side would require grading and is not needed. He also noted that there was an obvious need for equipment storage. In addition, he does not feel that anything should be sold i.e brochures, books, information etc. He also stated that it was Lora Hoppe's intent to protect the neighbors but it was also her intent to have the general public come and see the gardens. Councilmember Grabek stated that he agreed with eliminating sales of any kind. Referring to the -garden party, he stated that the Park District has always acted responsibly on the few small functions given. . 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #1020 SUB. HENN. REG. PARK DISTRICT continued City Administrator Bernhardson noted that the only thing required was the hardcover variance and that, apart from the regrading, the conditional use request is more voluntary on the Park District's part, and any subsequent changes or plans would actually be a voluntary review on their part. It was moved by Acting Mayor Adams, seconded by Councilmember Grabek, to approve the plan as presented with the following stipulations and limitations: 1. Limit parking on the north side to 10 -12 gravel spaces (as shown) with no additional site grading for expanded parking. 2. Limitation of initial parking on the south side to 26 spaces and the Park District consider alternatives to blacktop for that parking. 3. No sales of goods or services. 4. Proposed building to remain at same size and exterior as presented when built. 5. Parking needs be reviewed at the time the building is built, but not to exceed the total of 50 spaces as originally proposed. Motion, Ayes 4, Nays 0. #1022 CHARLES A. SCRAM 605 PARK LANE VARIANCE RESOLUTION City Administrator Bernhardsbn reported that the objecting neighbors have engaged legal counsel in this matter. Their attorney, James McKinnon, McKinnon, Standke, and Greene, submitted a letter requesting that the Council table this matter as he had a conflict. Acting Mayor Adams read the letter into the record (copy attached). Charles and Marilyn Schall were present and stated that they objected to tabling this matter because they started the proceedings in April and the Planning Commission already tabled it one time. Mr. Schall stated that he would be unable to attend the July Council meetings. City Administrator Bernhardson stated that this matter would be scheduled for-the June 23rd Council meeting. Mr. Schall stated that he would be able to attend that i meeting but still objected to tabling the application. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #1022 SCHALL continued Councilmember Frahm stated that he felt they should table the matter in consideration of Attorney McKinnon's request to avoid the potentiality of a legal case. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to table this matter until the June 23rd Council meeting. Motion, Ayes 4, Nays 0. Staff was instructed to inform the neighbors that action will be taken on June 23rd with or without their representation. . #1023 ROLLA & NANCY MARTIN 2675 SHADYWOOD ROAD VARIANCE RESOLUTION #2006 Rolla & Nancy Martin were present for this matter. Mr. Martin reviewed the proposed plan to construct a bedroom addition which would increase the hardcover in the 75- 250' area by 0.3 %. He noted the the existing decking, which was included in the hardcover does not have plastic under it. It was moved by Councilmember Hammerel, seconded by Councilmember Grabek, to adopt Resolution #2006 approving the hardcover variance. Motion, Ayes 4, Nays 0. #1027 MRS. PHILLIP PILLSBURY 1200 BRACKETTS POINT ROAD VARIANCE Present representing the applicant were Attorney Steve Pf laum, Architect William Scott, and Landscape Designer Damon Farber. City Administrator Bernhardson explained the request for a 2 -1/2' height variance for a 6' high section of brick wall that is adjacent to Bracketts Point Road and Cty. Rd. 15. Damon Farber stated that the reason for the 6' wall is mainly for aesthetic purposes as well as health and safety. He stated that the corner is busy, dangerous, and noisy. He noted that their preference is to be consistant i.e. entire wall 3 -1/2' or entire wall 6' in height. Steve Pflaum pointed out the areas in which the variance was needed noting that in some area they can construct the 6' wall without a variance. He noted that traffic can be heard in the house with windows closed as well be seen. In addition, vehicle headlights shine directly in the house at night. He stated that 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #1027 PILLSBURY continued evergreen plantings would help but would create other problems. It was also noted that none of the neighbors object to the wall. Acting Mayor Adams stated that he felt the proposed wall was very attractive however, the Council must consider all other wall requests that may follow this request if it were approved. He stated that he would like to find a solution within the ordinance and that a wall is not the only solution to the headlight problem. Planning Commission member Goetten stated that she voted in favor of the wall because because of the unique situation and headlight problem. It was moved by Acting Mayor Adams, seconded by Councilmember Hammerel, to approve the height variance along County Rd. 15 to the driveway, and deny the height variance along Bracketts Point Rd. Proponent indiciated they would like to reconsider their design in light of Council's comments. No further action taken. #1028 LEN BACHKES 2813 CASCO POINT ROAD VARIANCE RESOLUTION #2007 Leonard and Mary Ann Bachkes were present for this matter. City Administrator Bernhardson explained the minor variance requests to construct an addition a) 1% (91 s.f. ) hardcover increase in the 75 -250' area b) 0.5 feet side setback variance on the west side of house. It was noted that there was no hardcover available for trade-off. It was moved by Councilmember Hammerel, seconded by Acting Mayor Adams, to adopt Resolution #2007 as drafted approving the variances. Motion, Ayes 4, nays 0. #1029 LEO CLIFFORD* 4760 NORTH SHORE DRIVE VARIANCE (RENEWAL) RESOLUTION #2008 It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution #2008 approving renewal of lot area /lot width variances. Motion, Ayes 4, Nays 0. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #1030 CHARLES D. DOLLAR 1810 LAKEVIEW TERRACE VARIANCE RESOLUTION #2009 Charles Dollar was present for this matter. City Administrator Bernhardson explained the request for a side yard setback variance to construct an addition 16.5' from the lot line. Acting Mayor Adams stated that this is an interesting specific situation in that there is really no other place for an addition and he had no problem with it. It was moved by Councilmember Frahm, seconded by Acting Mayor Adams, to adopt Resolution #2009 approving the variance as proposed. Motion, Ayes 4, Nays 0. #1031 MARK HUNSLEY 3464 EASTLAKE STREET VARIANCE RESOLUTION #2010 Mark Hunsley was present for this matter. #1032 BRIAN FULMER 3505 WAYZATA BLVD. VARIANCE RESOLUTION City Administrator Bernhardson explained the request for hardcover variances 0 -75' - 1.2% and 75 -250' - 2.9% to construct a patio. It was noted that this request is similar to the request approved on the two lots immediately adjacent. It was moved by Councilmember Grabek, seconded by Councilmember Frahm, to adopt Resolution #2010 approving the variance requests. Motion, Ayes 4, Nays 0. Upon recommendation of staff, it was moved by Acting Mayor Adams, seconded by Councilmember Hammerel, to table this matter until the June 23rd Council meeting. Motion, Ayes 3, Nays 1. Councilmember Frahm voted nay. #1033 ROYAL J. DOSSETT 2795 PHEASANT ROAD VARIANCE RESOLUTION Mr. Dossett was present for this matter. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 #1033 DOSSETT continued City Administrator Bernhardson explained the request for hardcover variances a) 0 -75' - 3.4% (total 4.4 %) b)75- 250' - 0.3% (total 26.7 %) for construction of a screen porch and patio. Mr. Dossett stated that the screen porch was necessary because the mosquitos and bees make the area unusable otherwise. He indicated the need for a sidewalk around the house because grass is unable to grow because of the shade. He noted that the house can not be seen from the lake and.that there would be no run -off to the lake. Acting Mayor Adams stated that he was concerned with the hardcover in the 0 -75' and felt the Council should view this property. Councilmember Frahm stated that he found no hardship involved. It was moved by Acting Mayor Adams, seconded by Councilmember Hammerel, to table this matter to find additional ways to eliminate the hardcover. Motion, Ayes 4, Nays 0. 1986 JOINT USE DOCK LICENSE* MINNETONKA POWER SQUADRON RESOLUTION #2011 It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution # 2011 approving a Joint Use Dock License to Minnetonka Power Squadron for the period of January 1, 1986 to December 31, 1986 and to waive the late fee, finding that the lateness of the application was an administrative oversight and not intentional. Motion, Ayes 4, Nays 0. MAYOR'S REPORT: ADMINISTRATOR'S GOAL SETTING & COMPENSATION REVIEW Due to Mayor Butler's absence, no action was taken on this matter. CABLE TV REPORT: MAY - ORONO SCRIPT* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to accept information presented regarding cable T.V. production "Lake Minnetonka News ".. Motion, Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT: 13 . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 LES KELLEY PRIVATE ROAD VARIANCE APPEAL OF ADMINISTRATIVE DECISION Mr. Lester Kelley was present for this matter. City Administrator Bernhardson explained Mr. Kelley's request to construct an 18' paved surface road in the Kelley Green Subdivision instead of the 24' wide road as required. Public Works Coordinator Gerhardson stated that an 18' wide road would allow no parking on the road. He recommended at least a 24' wide base. Councilmember Frahm stated that his only concern was allowing enough room for emergency vehicles.- It was noted that there was really no need for parking on the road because of the lot sizes. It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to allow a 20' wide paved surface with a 24' wide base. Motion, Ayes 4, Nays 0. WAYZATA INSPECTIONS CONTRACT It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to accept staff's information regarding the pending contract between Wayzata and Orono for building inspection service's for approximately a year's duration. Motion, Ayes 4, Nays 0. ANIMAL CONTROL SERVICES* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to accept staff's information regarding animal control services and this item be tabled to June 23, 1986 at which time Council will address the issue of animal control services and award a contract for the balance of the year. Motion, Ayes 4, Nays 0. AKERRERG RIGHT -OF -WAY PERMIT* RESOLUTION #2012 -- It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the right -of -way permit for the property at 4075 Highwood Road for adoption of Resolution #2012. Motion, Ayes 4, Nays 0. 1985 POLICE REPORT It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to accept the 1985 Orono Police Operations statistical report. Motion, Ayes 4, nasy 0. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 POST OFFICE LEASE* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to ratify the lease with the U.S. Postal Service and authorize the City Administrator to sign such agreement. Motion, Ayes 4, Nays 0. VANEECRHOUT SEWER* It was moved by Councilmember Frahm, seconded by Counci lmember Hammere 1, to accept staf f's inf ormation regarding the request for sewer services to the VanEeckhout property. Motion, Ayes 4, Nays 0. BOARD OF REVEIW RECONVENING* JUNE 11, 1986 - 7:00 P.M. I-t was moved by Councilmember Frahm, seconded by Councilmember Hammerel', to acknowledge the reconvening date of the Board of Review for June 11, 1986 at 7:00 P.M. Motion, Ayes 4, Nays 0. REFUND OF SUBDIVISION FEE FOR MICHAEL ROBINSON* It was moved by Councilmember Frahm, seconded-by Councilmember Hammerel, to approve the refund of the subdivision application fee to Michael Robinson (Application #1024) per staff recommendation in the amount of $177.28. Motion., Ayes 4, Nays 0. REPLACEMENT OF FLOORING -* ORONO GOLF COURSE It was moved by Councilmemb6r Frahm, seconded by Councilmember Hammerel, to authorize the replacement of bathroom f loors at the Orono Golf Course by West Tonka Interiors in the amount of $610.68. Motion, Ayes 4, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to accept staff's information regarding Bohn's Point. Motion, Ayes 4, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Blatz had nothing to report at this time. LICENSES* It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve the following licenses: Septic System Installers - Volkenant & Sons, Inc. Duane Ritter Exc. Coppin Plumbing Quickway Exc. Co. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986 LICENSES* continued BILLS* Special Event - Smuckler Corp., Parade of Homes at 2780 L'Etoile du Nord on September 9, 1986 3 -8 p.m. weekdays /1 -6 p.m. weekends Liquor License - Jimmies Lounge Set -up License - Spring Hill Center Off -Sale - James P. Hill, Little Oak Market\ On -Sale - Grant R. Wenkstern, Lakeview Golf Course Robert D. Bennett, Mexican Eatery Motion, Ayes 4, Nays 0. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 10:20 P.M. It was moved by Councilmember Frahm, seconded by Acting Mayor Adams, to adjourn the regular Council meeting at 10:20 P.M. Motion, Ayes 4, Nays 0. .. r; . 16 Mary C. u 12r, Mayor •Lt /0.2-D MACKINN ®N, STANDKE & GREENE, LTD. LAW OFFICES 17717 HIGHWAY 7 MINNETONKA. MINNESOTA 55345 jj��}} ppppQppppQ JAMES D. MACKINNON COUNCIL INEE t TING ROBERT A. STANOKE MARK E. GREENE (� g�����{�, DANIEL B. GREENSTEIN June 9 198 6 9 ,.Rr'T(�i9'DE 612 ERIC C. DAMMEYER 1 TELEPHO 4.3221 CITY OF ORONO Mayor and Council Members. City of Orono Crystal Bay, MN 55323 Re: Application #1022 Charles A.'Schall This letter is to request that you table your action on the above matter until your next meeting. Betty Rudd contacted me on Friday, June 6, 1986 to ask me to investigate the situation and advise her regarding her legal rights. She did so believing that final action would be on June 16, 1986. I would appreciate this short extension of time so that I can do the work necessary to adequately represent the interests of my client. Very trul yours, '. MACKINNO , STANDKE GREENE, LTD. Jam :D. MacKinnon JDM /VB