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HomeMy WebLinkAbout06-23-1986 Council Minutesv a? MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 23, 1986 ATTENDANCE 7:02 P.M. The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Grabek and Frahm. Councilmember Adams arrived at 7:10. 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. City Attorney Blatz was also present. PUBLIC HEARING 7:00 - 7:12 WEST FERNDALE ROAD AND SHORELINE DRIVE (COUNTY ROAD 15) INTERSECTIONS City Recorder Peterson noted the Affidavit of Publication had been made. The purpose of the public hearing was to consider closing of the west leg of west Ferdale to eliminate a potential safety concern and duplicate maintenance. Upon closing of the west leg of West Ferndale, the asphalt would be removed, the ground seeded and appropriate posts installed. The City would work with the County to extend the hard surface for an acceleration lane east bound from the eastern leg. Mayor Butler stated that there has been complaints from residents in the area indicating that because of the width of the access, vehicles tend to enter the access at a high rate of speed creating a hazard. Public Comments - Ralph Bagley, 1105 West Ferndale Rd. - He stated that he is not in favor of closing the intersection because of the impact of winter conditions and having a second route choice is important. Woodward Kingman, 1185 West Ferndale Rd. - He stated he represented his parents, Henry Kingman, who live on the corner of the intersection. He stated that any time one exits their driveway is actually playing a numbers game it is only a matter of time before a serious accident occurs. They are in favor of the proposed closing. There were no other comments from the public and the public hearing was closed. Councilmember Adams stated that he would like to save the road maintenance money if possible. 1 .A MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 23, 1986 WEST FERNDALE ROAD AND SHORELINE DRIVE (COUNTY ROAD 15) INTERSECTIONS) continued Councilmember Frahm suggested another alternative of placing one -way and do not enter signs on the west leg so vehicles cannot enter West Ferndale from County Road 15. CONSENT AGENDA* Councilmember Grabek stated he was concerned about the right angle turn of the eastern leg and felt they should close the eastern leg and square off the western leg. City Administrator Bernhardson stated that the reason they chose the western leg to close was they felt squaring it off would not reduce the traffic enough and secondly, the easterly leg was put in specifically by request of the neighborhood to cross over to Woodhill. Public Works Coordinator Gerhardson stated that there was adequate site distance from the eastern leg. It was moved by Mayor Butler, seconded by Councilmember Adams, to accept staff recommendation to close the west lef of West Ferndale Road as proposed. Motion, Ayes 4, Nays 0. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the Consent Agenda* as submitted. Motion, Ayes 4, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the Minutes of the June 9, 1986 Council Meeting as submitted. Motion, Ayes 4, Nays 0. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the Minutes of the 1986 Reconvened Board of Review Meeting held on June 11, 1986 as submitted. Motion, Ayes 4, Nays 0. LAKE MINNETONKA CONSERVATION DISTRICT REPORT LMCD Representative JoEllen Hurr was present. She reported that the LMCD plans to use their power to regulate the chemical & mechanical means of removing weeds and algae from the lake. She stated that the LMCD is concerned about more funding for the Lake Minnetonka Conservation District and they are not prepared to ask the member cities for more money nor propose a larger taxing district. They are considering proposing a Lake Minnetonka sticker which requires all boats on Lake Minnetonka to purchase a F MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 23, 1986 LMCD REPORT continued sticker costing approximately $25.00. She stated that the LMCD would like more control over public accesses. She stated that she will report on their legislation at a later date. PUBLIC COMMENTS Councilmember Grabek questioned the the type of response the LMCD anticipates by requiring a Lake Minnetonka sticker and how they intend to control and require people that do not live on the lake to have stickers for their boats. Hurr stated that she has not had any negative response from lakeshore resident, and they feel this would. also regulate the use of the lake. Councilmember Grabek voiced his objection to lakeshore residents having to pay a fee for their boats in addition to their high taxes in order to support the LMCD and enforcement on the lake for additional traffic from people outside. He felt lakeshore owners should get a free sticker. He stated that a multitude of problems come up with the sticker idea. Hurr stated that the legislature would not accept that, everyone or no one would have to purchase stickers. It was suggested that possibly lakeshore owners would be required to purchase one sticker per their 4 boat limit. Hurr stated that Hennepin Park District is interested in establishing a public park on the lake. Hurr also noted that the BWI law is effectively working. Metropolitan Waste Control Commission - As MWCC representative, JoEllen Hurr reported that with the recent 3" rainfall measures were being taken to assure that no water was pumped into the lake from Baldur Park Road. Phil Miller, 2435 Countryside Manor, requested to discuss with Council some problems in the development of Countryside Manor. Mayor Butler stated that they would hear his presentation after the Zoning Administrators report. There were no other comments from the public at this time. 3 MINUTES OF THE REGULAR ORONO'COUNCIL MEETING HELD JUNE 23, 1986 ZONING ADMINISTRATOR'S REPORT: #918 JOHN NORDSTROM* 541 SPRING HILL ROAD FINAL SUBDIVISION RESOLUTION #2013 It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #2013 approving the final subdivision Plat of North Stream. Motion, Ayes 4, Nays 0. #999 BELDEN /MELINE 3598 NORTH SHORE DRIVE VARIANCE DENIAL RESOLUTION #2014 Evan Meline and matter and stated of denial and had Bennett Belden were present for this they had read the proposed resolution no comments. City Administrator Bernhardson stated he would contact City Assessor Rolf Ericson regarding the assessed value of this property and a possible abatement. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #2014 denying the variances requested in application #999. Motion, Ayes 4, Nays 0. #1010 DUANE HALL 1869 SHADYWOOD PRELIMINARY SUBDIVISION DENIAL RESOLUTION #2015 Duane Hall was not present for this matter nor a representative on his behalf. • Zoning Administrator Mabusth stated a notice was delivered to Duane Hall's home on May 23, 1986 and another notice was mailed to him, staff has heard nothing from Mr. Hall. City Attorney Blatz stated that sufficient notice has been given to Mr. Hall regarding Council acting on this application at this meeting. It was moved by Councilmember Frahm, seconded by Mayor Butler, to adopt Resolution #2015 denying the preliminary subdivision as requested in application #1010. Motion, Ayes 4, Nays 0. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 23, 1986 #1019 RALPH MARTINSON* 2525 WOODHAVEN DRIVE FINAL SUBDIVISION RESOLUTION #2016 It was moved by Councilmember Frahm, seconded by Councilmember Adams,to approve the final subdivision Plat of Woodhaven Third Addition. Motion, Ayes 4, Nays 0. #1022 CHARLES A. SCHALL 605 PARK LANE VARIANCE RESOLUTION Marilyn and Charles Schall were present for this matter along with their builder, Marty Bethke. City Administrator Bernhardson reviewed the variance request to replace an existing 1 -car garage with a 2 -car garage with a room above the garage for use as a second bedroom and storage space. Staff recommends if this request were approved that the addition peak height -be no more than 21'. James McKinnon, attorney for the objecting neighbors, Stan & Betty Rudd of 601 Park Lane, was present with Mr. & Mrs. Rudd. Mr. McKinnon stated that the Rudd's are not opposed to the garage addition but are opposed to the extra addition above the garage which creates a tunnel and massing effect upon his client's residence in addition to obstructing their sunlight. He stated that this area an already crowded area and feels that in this day and age the need for a two car garage is a valid hardship however there is no justification for a bedroom above the garage. He stated there is no legitimate harship for the bedroom above and that this is actually two variance requests. Mayor Butler stated that she has been to the property and felt that obstruction of sunlight upon Rudd's deck would be very minimal. She stated that she felt having a 1 bedroom house was a hardship. Councilmember Adams complimented the Schall's for presenting the entire picture to the Council. He felt that the addition above the garage will indeed change the environment. Marty Bethke stated-that they are only proposing a story- and -a -half not a full second story. 6i MINUTES OF THE REGULAR ORONO-COUNCIL MEETING HELD JUNE 23, 1986 #1022 CHARLES A. SCHALL continued City Attorney Blatz stated that this is not two variances, as stated by Attorney McKinnon, it is one variance request to build within the setback. She noted that if the Council finds that the height is at issue in obstructing sunlight etc., they should specify that finding if they deny the second story. Mr. Schall submitted some photos to indicate light and shade areas. He also noted that the building code does not allow him to put a second bedroom in their basement. Councilmember Frahm stated that he felt Rudd's concerns were valid and the addition would impact their deck use. He stated that there may be alternatives for adding a second bedroom such as a dormer. He stated that he would approve the garage only. Councilmember Grabek stated the issue was only an additional 6', and felt that the garage addition (which the Rudd's do not object to) would not create a closed -in effect. City Administrator Bernhardson noted that a second story could be added to provide the bedroom with a maximum height of 151. Mr. Schall stated that there would be an access problem from the existing second story to the new second story if it were only 15' in height. He also stated that he is willing to remove a large tree if necessary to create more openess. Mrs. Schall stated that a second bedroom is really necessary for guests. It was moved by Mayor Butler, seconded by Councilmember Grabek, to adopt the resolution as presented granting the variance. Motion, Ayes 2, Nays 2. Councilmembers Frahm and Adams voted nay. Motion failed. Councilmember Adams stated that he would approve the request if they were to reduce the proposed roof line to 15' maximum height in order to limit the mass of structure. Dave Singer, 3520 North Shore Drive, spoke up as an attorney and resident, stating he would like to represent the Schall's at their request. He stated that he has not had the opportunity to fully research this matter and would like the Council to reconsider this matter and table it to give him that opportunity. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 23, 1986 #1022 CHARLES A. SCHALL continued Based upon the fact that the Council honored the Rudd's request to table for their attorney representation, it was moved by Mayor Butler, to ask Council to reconsider this application and she withdraw her previous motion. Councilmember Grabek seconded. Motion, Ayes 4, Nays 0. It was moved by Mayor Butler, .seconded by Councilmember Adams, to table this matter until applicant brings back to City staff for presentation to City Council. Motion, Ayes 4, Nays 0. #1026 MIRE HILBELINR /JOHN VOGT 160 OLD CRYSTAL SAY ROAD PRELIMINARY SUBDIVISION RESOLUTION Mike Hilbelink and John Vogt were present for this matter. City Administrator Bernhardson explained the preliminary subdivision request to divide 18+ acres into 3 parcels all of which meet the zoning district standards. Staff feels an important issue is determining future accesses for future subdivision of these parcels. Mayor Butler stated that she felt it was the Planning Commission's function to address future planning and should have recommended future accesses in this preliminary subdivision. City Attorney Blatz stated that future accesses is one of the issues in granting approval of a preliminary subdivision and should be done before approval of such. Councilmember Frahm stated he felt uncomfortable approving this preliminary subdivision without determining future accesses. Mike Hilbelink stated that the proposed subdivision met all the requirements as submitted and felt that future accesses should be addressed when /if future subdivision occurs. Councilmember Adams stated that this is the point (preliminary subdivision phase) in which the City acquires its easements. It was moved by Councilmember Grabek, seconded by Councilmember Adams, to refer this application back to Planning Commission for their consideration of future road accesses to the property involved. Motion, Ayes 4, Nays 0. 7 MINUTES OF THE REGULAR ORONO•COUNCIL MEETING HELD JUNE 23, 1986 #1033 ROYAL DOSSETT 2798 PHEASANT ROAD VARIANCE RESOLUTION Royal Dossett was present for this matter. City Administrator Bernhardson explained the request to construct a porch and deck which requires hardcover variances within both 0 -75' and 75 -250' setback zones, a variance for the construction in the 0 -75', and also an average setback variance. Assistant Zoning Administrator Gaffron explained the Planning Commission's recommendation to approve the screen porch and a portion of the patio, not approve the sidewalk and deck leading to the side door. He noted that the two adjacent neighbors approve of the proposal and cannot see the proposed addition becuase of the trees. Councilmember Frahm stated that he visited the site and stated he had concerns about the drainage to the lake because of the high steep slope. Councilmember Adams stated he visited the site also and agreed with Councilmember Frahm. Mr. Dossett stated that he would control the drainage from the screen porch area so it drains away from the lake, but obviously cannot control the drainage from the deck. Mayor Butler suggested a wood slat deck with sand underneath as an alternative. Councilmember Adams stated that providing a registered land survey was important. Mr. Dossett stated that his father was a registered land surveyor and he learned to survey from him. He walked the property and feels that he would not be off enough to be advantageous. Councilmember Grabek stated that the main concerns in mainitaining the 0 -75' setback is visual and drainage, both of which have been answered. The proposed addition cannot be seen from the lake or neighbors, and drainage will be controlled. It was moved by Councilmember Grabek, to approve the application conditioned upon establishing a drain directing run -off from porch to street and use the wood slat innovative approach to patio area. Mayor Butler seconded. Motion, Ayes 2, Nays 2 . Councilmembers Frahm and Adams voted nay. Motion failed. 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 23, 1986 #1033 ROYAL DOSSETT continued It was moved by Councilmember Grabek, seconded by Mayor Butler, to ask Council to reconsider this request and withdraw Councilmember Grabek's motion. Motion, ayes 4, Nays 0. ZONING AMENDMENT - BED & BREAKFAST COUNTRYSIDE MANOR It was moved by Mayor Butler, seconded by Councilmember Frahm, to table this matter until the full Council is present. Motion, Ayes 4, Nays 0. Councilmember Frahm removed himself from the Council for this matter because of previous business dealings with Morris Nelson, the applicant requesting the zoning amendment allow Nelson to operate a B &B. Mayor Butler read into the record a letter from Al & Ruth Aschenbeck, 1930 Shoreline Drive, who live next door to the proposed B &B site, stating that they were very much in favor of the proposal. Due to the fact that only three councilmembers remained and four are required to pass a zoning amendment, it was moved by Councilmember Adams, seconded by Mayor Butler, to table this matter until the full Council is present. Motion, Ayes 3, Nays 0. Phil Miller, 2435 Countryside Drive, stated he was speaking on behalf of the Countryside Manor Homeowners Association. He stated that there are serious erosion problems attributed to five homes in the process of construction which are currently going through foreclosure. Due to the foreclosure proceedings, nothing is being done so they are requesting the City's assistance. They feel the City has authority pursuant to the outstanding bond. He indicated their desire to work with city staff on these problems in addition to working with the developer for future development. He reviewed the areas of concern and submitted photos of the erosion. City Administrator Bernhardson stated that staff would work with their association and report back at the July 14, 1986 Council meeting. V1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 23, 1986 MAYOR'S REPORT: ADMINISTRATOR'S COMPENSATION REVIEW It was moved by Mayor Butler, seconded by Councilmember Grabek, to approve a 7.5% increase in the Administrator's salary commencing May 1, 1986, the start of his second year, together with amending contract language regarding expense reimbursement for other than car allowance related expenditures. Motion, Ayes 4, Nays 0. CITY ENGINEER'S REPORT: There was no report from Engineer Cook at this time. CABLE TV REPORT: There was no Cable TV Report at this time. CITY ADMINISTRATOR'S REPORT: BALDUR PARK ROAD Mayor Butler explained that the city has received a request from Ginny Keesling, 1384 Baldur Park Road, -to contribute to the $4,000.00 cost.to rip -rap a portion of the shoreline along the driveway where it has eroded. Ginny Keesling was present for this matter and stated that the city owns a portion of this property and feels that they should contribute to the cost. She noted that the rip -rap work must be done this year because she does not feel the road will endure the winter. She proposes that the city authorize the work and assess the cost against the six property owners which includes the city. In discussion, it was rioted that part of the right -of- way that is eroding contains the city sewer line. It was also noted that two of the properties beyond Mrs. Keesling have several renters which aggravate the problem by increased traffic. Staff was instructed to review the renting situation. It was moved by Mayor Butler, seconded by Councilmember Adams, to table this matter until the July 28th Council meeting in order for staff to review for more information and a solution. Motion, Ayes 4, Nays 0. ANIMAL CONTROL SERVICES It was moved by Mayor Butler, seconded by Councilmember Adams, to accept staff's recommendation of award of an animal control contract to Linda Kadlac for the time period July 1, 1986 to December 31, 1986 together with directing staff of negotiate services for 1987. Motion, Ayes 4, Nays 0. 10 MINUTES OF THE REGULAR ORONO•COUNCIL MEETING HELD JUNE 23, 1986 C.D.B.G. REQUEST It was moved by Mayor Butler, seconded by Councilmember Adams, to direct staff to reapportion the money to pay for al-1 the very low income applicants that apply for the balance of $3,877:00 from rehab monies from the County to cover the balance needed. Additionally Joan Lattin, John Gerhardson and Larry Blackstad are commended for their multiple efforts in trying to deal with a very tough and often tenuous program. Motion, Ayes 4, Nays 0. AUTHORITY TO AUTHORIZE REFUNDS RESOLUTION #2017 It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution #2017 granting the Administrator the authority to approve refunds up to $1,000.00 for persons who have paid money to the City for various services. Motion, Ayes 4, Nays 0. COUNCIL STRATEGIC PLAN It was moved by Mayor Butler, seconded by Councilmember Adams, to direct staff to initiate the City Council's level strategic planning process during the summer and fall of 1986. Motion, Ayes 4, Nays 0. RATE STUDY FEE PAYMENT It was moved by Councilmember Adams, seconded by Mayor Butler, to accept staff's recommendation for payment of the bill for the utility rate study to increase from $2,000.00 to $3,000.00 to compensate for the Auditor's additional time and expenditure undertaken for this rate study. Motion, Ayes 4, Nays 0. WAYZATA COUNTRY CLUB /LUCE LINE CROSSING* RESOLUTION #2018 It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #2018 to deny availability of township roads to the Wayzata Country Club across the Luce Line. Motion, Ayes 4, Nays 0. PURCHASE OF PARR BENCHES - BAYSHIRE PARR* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept staff's recommendation to improve Bayshire Park at a cost not to exceed $1,996.48 and to pay for the expenditures from the Park Dedication Fund. Motion, Ayes 4, Nays 0. HIGHWAY 12 CORRIDOR STUDY* JULY 16, 1986 It was moved by Councilmember Frahm, seconded by Councilmember Adams, to acknowledge establishment of Wednesday, July 16, 1986, at 7:30 P.M. at the Orono High School Auditorium as the next meeting date for the Highway 12 Corridor Study. Motion, Ayes 4, Nays 0. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 23, 1986 PART TIME EMPLOYMENT - LIQUOR STORE* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve hiring of Cris Fink as a part time retail liquor clerk at $4.75 per hour. Motion, Ayes 4, Nays 0. PART TIME EMPLOYMENT - GOLF COURSE* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept staff's recommendation to hire Richard Nelson for temporary employment at the Orono Golf Course at an hourly rate of $4.25 effective June 21, 1986 to September 1, 1986. Motion, Ayes 4,' Nays 0. RESIGNATION OF BRIAN CLARK POLICE OFFICER* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept the resignation of Brian Clark and direct staff to undertake selection process for a new patrol officer for his replacement together with the availability of a list for appointment of a patrol officer to bring the department up to strength-in line with the Assistant Chief's process. Motion, Ayes 4, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept City Administrator Bernhardson's information report regarding: Dakota Rail, Navarre Redevelopment, Stubbs Bay, Lowell's Auto Parts, Chicken Joint, Facilities Assessment, Comparable Worth, and Fulmer Property. 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 Adams, to approve the following licenses: On -Sale License, - Don Schervan, Navarre Lanes Off -Sale License, and Set -up License Club Liquor License - Wayzata Country Club and Sunday Liquor License Septic System Installers - Clover Hill Company Inc. Westonka Sewer & Water Solicitors License - Discount Flowers (Sell Cut flowers & balloons) On -Sale Beer - King's Super Value Motion, Ayes 4, Nays 0. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 23, 1986 BILLS* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 10:15 P.M. It was moved by Mayor Butler, seconded by Councilmember Grabek, to adjourn the regular Council meeting at 10:15 ATTEST: P.M. Motion, Ayes 4, Nays 0. M. allin, City Clerk Mary C. ler, Mayor 13