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HomeMy WebLinkAbout07-14-1986 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 14, 1986 ATTENDANCE 7:01 P.M. The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Grabek, Frahm, Adams & Hammerel. 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 Engineer Cook and City Attorney Blatz were also present. CONSENT AGENDA* APPROVAL OF MINUTES It was moved by Councilmember Adams, seconded by Councilmember Frahm, to approve the Consent Agenda* subject to removal of Item #2 (Approval of Minutes), #12 (Request for Payment #7 A.R.I.), #15 (Cable TV News Script). Motion, Ayes 5, Nays 0. It was moved by Councilmember Adams, seconded by Mayor Butler, to approve the Minutes of the June 23, 1986 Council meeting with the following amendments: LMCD Report - add the suggestion made regarding lakeshore owners purchasing only one Lake Minnetonka sticker per their 4 boat limit (per Councilmember Adams). #1022 Charles A. Schall - Amend Councilmember Grabek's comments to read "the issue was only an additional 6' and felt that the garage addition would not create a closed -in effect ". Attorney Blatz clarified her comment regarding the issue of height, if Council found that the height was at issue in obstructing sunlight etc. they should specify that finding if they deny the second story. CDBG Request - Amend motion to read "reapportion the money to pay for all the very low income applicants that apply..." (per Mayor Butler). PLANNING COMMISSION COMMENTS Planning Commission member Callahan 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: #1022 CHARLES A. SCHALL 605 PARK LANE VARIANCE Mr. & Mrs. Schall were not present for this matter, however, the affected neighbors's Bette & Stan Rudd were present along with their attorney, James MacKinnon. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 14, 1986 #1022 CHARLES A. SCHALL continued Mayor Butler noted that at the last Council meeting, this application was tabled until applicant brought it back to staff. It was moved by Mayor Butler, seconded by Councilmember Adams, to table this matter until applicant notifies staff to proceed. Motion, Ayes 5, Nays 0. #1033 ROYAL J. DOSSETT 2795 PHEASANT ROAD VARIANCE - 3RD REVIEW Royal Dossett was present for this matter. City Administrator Bernhardson explained the request to construct a porch within the 0 -75' setback and average lakeshore setback. He noted that applicant has made a slight addition to his original request to construct a new entryway on the street side of the house. He noted that Mr. Dossett has presented a fact sheet regarding the porch. Assistant Zoning Administrator Gaffron noted that additional entryway request would probably result in a decrease of hardcover by removal of some of the existing driveway. Mayor Butler noted that at the last Council meeting the application was tabled because of a 2 -2 tie vote due to Councilmember Hammere 1's absence. It was moved by Councilmember Grabek, seconded by Mayor Butler, to approve the variance request including the minor amendment conditioned upon establishing a drain directing run -off from the porch to street and use of a wood slat innovation approach for the patio area. Motion, Ayes 3, Nays 2. Councilmember Frahm and Adams voted nay. #1035 ROBERT ROEHNEN 537 HANLON AVENUE ZONING CODE INTERPRETATION City Administrator Bernhardson explained that applicant originally applied for a variance for an accessory building over 1000 s.f. and for a garage street setback based on staff's early assumption that this-is a "through" lot. However, after further review and the Planning Commission meeting, both staff and Planning Commission have concluded that the correct interpretation is that the alley is not a street and that the lot line along the alley is a rear lot line requiring no variance if a side - loading garage was built 10' from the lot line. Planning Commission recommended 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 14, 1986 #1035 ROBERT ROEHNEN continued that the variance application fee be refunded, which will be done if Council concurs with the staff and Planning Commission interpretation. The applicant has reduced the size of the accessory structure to under 1000 s.f. . eliminating the need for that particular variance. Mayor Butler stated that she. visited the site and definitely felt that this was an alley. It was moved by Councilmember Adams, seconded by Councilmember Grabek, to accept staff recommendation regarding the code interpretation and refund of fee. Motion, Ayes 5, Nays 0. #1034 R. SCOTT PROCHNOW 3440 NORTH SHORE DRIVE VARIANCE RESOLUTION #2019 Scott Prochnow was present for this matter. City Administrator Bernhardson explained the request to construct a 3- season porch, where a deck now exists, with construction of an attached deck, which requires an average lakeshore setback variance. He noted that Planning Commission recommended limiting the size of the deck to 84 s.f. in order to maintain the 25% hardcover limit. Assistant Zoning Administrator Gaffron noted that much of the applicant's hardcover is rockbeds with plastic. He also explained how he credited some hardcover because applicants driveway serves 3 other homes. He recommended that Council approve the request and that staff work with applicant to negotiate the size of the deck with concurrent removal of plastic under rockbeds in order to maintain 25% hardcover limit. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution #2019 approving the request with staff assurance of maintaining the 25% hardcover limit in the 75 -250' area (amending Finding W. Motion, Ayes 5, nays 0. 1036 NANCY FERRELL* VACATION OF UNIMPROVED PUBLIC RIGHT -OF -WAY ADJACENT TO WILDHURST TRAIL RESOLUTION #2020 It was moved by Councilmember Adams, seconded by Councilmember Frahm, to adopt Resolution #2020 Vacating an unused portion of Grandview Place within the plat of Mount Home Park as drafted. Motion, Ayes 5, Nays 0. 3 MINUTES OF THE REGULAR ORONO COUNCIL'MEETING HELD JULY 14, 1986 #1038 GORDON NELSON 1310 ELMWOOD AVENUE VARIANCE RESOLUTION #2021 Gordon and Barbara Nelson were present for this matter. City Administrator Bernhardson explained the request to construct a detached garage requiring a hardcover variance in the 75 -250' from 32.9% (existing) to 34.5% (which includes the removal of 3 sheds) total hardcover. He noted that some of the grading to be done may improve the drainage. Mayor Butler noted that the only flat area of the property is where the house is built. Assistant Zoning Administrator Gaffron noted one minor additional finding to the drafted resolution indicating that the shed by the lakeshore is a non - conforming structure subject to ordinances regarding non - conforming structures. It was moved by Councilmember Hammerel, seconded by Councilmember Adams, to adopt Resolution #2021 granting the variance as amended. Motion, Ayes 5, Nays 0. #1040 WILLIAM ULRICH 1535 BOHNS POINT ROAD CONDITIONAL USE PERMIT RESOLUTION #2022 City Administrator Bernhardson explained the request for a conditional use permit to complete construction of a seawall along the southern shoreline of the lagoon area whereas in 1983 applicant was granted a permit for a seawall along the northern shoreline of the lagoon. Planning Commission has recommended approval of the seawall putting applicant on notice that any further seawall construction on the main lake shoreline would not ever be approved. Zoning Administrator Mabusth explained the status of the applicants geothermal heating system application per Councilmember Grabek's request. It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution #2022 granting the Conditional Use Permit per staff recommendation. Motion, Ayes 5, Nays 0. GN MINUTES OF THE REGULAR ORONO-COUNCIL MEETING HELD JULY 14, 1986 ZONING AMENDMENTS: A) STAFF AMENDMENT City Administrator Bernhardson reviewed with Council the proposed amendments to the zoning amendment. The following are the changes, additions, etc. made by Council: A. Definitions Stables and Barns - keeping of "hoofed animals ". F. Amemd Section 10.22 Subdivision 3 Tree Removal Regulations - no "live" trees within ..., replacement trees of a "size" and nature... L. Section 10.22 Subdivision 2 Amend title of section "Lakeshore - Hardcover, Excavating & Fill ". O. Section 10.31 Subdivision 14 Amend to include permanent barbeques (masonry, gas). It was moved by Mayor Butler, seconded by Councilmember Hammerel, to adopt the proposed zoning amendment as presented and discussed. B) BED & BREAKFAST City Administrator Bernhardson explained that at the last review, Councilmember Frahm withdrew from voting because he had a business interest with the applicant for the zoning amendment. He noted that staff has subsequently made it a future policy not to allow an individual applicant to be involved in a zoning amendment because of possible conflict and the fact that a general policy decision could be focused on a particular development and losing sight of the community wide impact. Councilmember Frahm stated that he still felt uncomfortable voting in this case, but if the Council unanimously feels it is appropriate that he should vote, that he will not withdraw. Council unanimously agreed that Councilmember Frahm should vote in this matter because of its general effect on the entire community. Councilmember Grabek stated that his concerns regarding a Bed & Breakfast in Orono, is that generally B &B's are located primarily in resort areas or historical sites, which is not the case in Orono. He also voiced concerns regarding guarantees to support the type of B &B that is proposed. He noted that the majority of the residents 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 14, 1986 BED & BREARFAST continued are opposed to this type of use in their residential area. Councilmember Hammerel stated that he does not feel that the problems Councilmember Grabek was concerned about will occur and noted that B &B's typically are not noisy places. Mayor Butler stated that the amendment proposed by staff addresses some of Councilmember Grabek's concerns and felt that Council can set standards to allow a B &B use as stringent as they see fit in order to control. Councilmember Adams stated that he felt that he has been hardpressed to find the rewards of taking this risk in allowing this use in Orono. Councilmember Frahm stated that one benefit he finds is a possible density control found in less subdivision of estate properties. He felt that a B &B is not a high intense commercial use and with proper screening and strict standards it is not a bad idea. It was moved by Councilmember Grabek, seconded by Mayor Butler, to eliminate any possibility or any further consideration of a zoning amendment to allow a Bed & Breakfast in Orono. Motion, Ayes 2, Nays 3. Mayor Butler, Councilmember Frahm and Hammerel voted nay. City Attorney Blatz noted that it takes a majority vote (4) of the Council in order to pass an amendment to the zoning code. It was moved by Councilmember Adams, seconded by Mayor Butler, to indefinitely table the issue subject to obtaining more tangible evidence that the B &B use benefits the community. Motion, Ayes 5, Nays 0. MAYOR'S REPORT: APPOINTMENT TO COUNCIL VACANCY Due to Councilmember Hammerel's retirement and resignation from the Council effective July 31, 1986, Mayor Butler asked the Planning Commission members if one of them would like to serve out Councilmember Hammerel's term. Planning Commission member Callahan indicated interest in the position. It was moved by Mayor Butler, seconded by Councilmember Adams, to appoint Edward Callahan as Councilmember effective August 1, 1986. Motion, Ayes 4, Nays 0, Abstention 1. Councilmember Hammerel abstained. 0 I- MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 14, 1986 APPOINTMENT TO COUNCIL VACANCY continued This appointment now leaves a vacancy on the Planning Commission to which the Council will appoint a new Planning Commission member at the July 28, 1986 Council meeting. CITY ENGINEER'S REPORT: REQUEST FOR PAYMENT #7 - A.R.I. Councilmember Adams voiced concern over the figures on the request that appeared to be close to the total payout. City Engineer Cook stated that some clean -up and minors repairs is what remains of the project. LaDean McWilliams, 1130 Willow Dr., questioned the 1% retainage as being too low based on the work she feels still needs to be done. She also stated that she felt the city had a bad contractor doing shoddy work. City Engineer Cook stated that the contractor has satisfactorily corrected all problems. After discussion, it was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve Payment #7 to A.R.I. Contracting, Inc. per the attached amended copy increasing retainage from 1% to 3 %. Motion, Ayes 5, Nays 0. REQUEST FOR PAYMENT #4 - WILLIAM MUELLER & SONS* It was moved by Councilmember Adams, seconded by Councilmember Frahm, to approve Payment #4 to William Mueller & Sons in the amount of $94,073.96. Motion, Ayes 5, Nays 0. CHANGE ORDER — WILLOW DRIVE SEAL COATING* It was moved by Councilmember Adams, seconded by Councilmember Frahm, to approve Change Order #1 for the Willow Drive & Old Crystal Bay Road Overlay project. Motion, Ayes 5, Nays 0. TRANSMISSION SHOP Councilmember Frahm request an update and action taken to clean up the Transmission shop operation. Staff stated they will report back to Council on this matter at the July 28th Council meeting. CABLE TV REPORT - JUNE MINNETONKA NEWS SCRIPT Councilmember Adams stated that he felt the script should have fewer items with more depth to them. In reference to the June new item regarding Wolsfeld Woods, he noted that Wolsfeld Woods should be considered a nature study area, not a park. 7 MINUTES OF THE REGULAR ORONO. COUNCIL MEETING HELD JULY 14, 1986 CITY ADMINISTRATOR'S REPORT: AUDIT REPORT* It was moved by Councilmember Adams, seconded by Councilmember Frahm, to accept the independent Auditor's Report on the financial condition of the City for the 1985 fiscal year ending December 31, 1985. Motion, Ayes 5, Nays 0. HIGHWAY 12 CORRIDOR STUDY MEETING Mayor Butler noted the next scheduled Highway 12 Corridor Study meeting on July 16, 1986, at 7:30 P.M., at the Orono School Auditorium. WAYZATA BUILDING INSPECTION CONTRACT /* BLDG. INSPECTOR SALARY ADJUSTMENT It was moved by Councilmember Adams, seconded by Councilmember Frahm, to accept the contract between the City of Orono and the City of Wayzata for building inspection services, which commence 1 June 1986 together with approval of a 10% salary increase from $25,305 to $27,835 for Mr. Tom Jacobs effective 1, June 1986 also. Motion, Ayes 5, Nays 0. RROGNESS - STUBBS BAY ROAD - REQUEST FOR ASSISTANCE City Administrator Bernhardson explained the request from Mr. Stephen Krogness, 605 North Stubbs Bay Road, requesting the city to repair the driveway apron to his residence. Mr. Krogness's driveway is very wide as it intersects at Stubbs Bay Road and is in excess of 100 feet. the wide approach was constructed several years ago by the previous owner. Steve M. Krogness and his attorney, Marlon O. Haugen, were present for this matter. Mr. Krogness stated that he is asking the City to repair their public right -of -way. He stated that the location and width invites the public, including City vehicles to use his driveway as a turn - around, and such heavy use has caused the damage. City Administrator Bernhardson explained that all driveways extend in the City right -of -way and all are privately maintained. Councilmember Frahm questioned the percentage of damage Mr. Krogness felt was done by City vehicles. Mr. Krogness responded by stating probably 90% of the damage was done by heavy vehicles not necessarily City vehicles. D MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 14, 1986 KROGNESS continued Public Works Coordinator Gerhardson stated that the City employess were insturcted not to use Mr. Krogness's driveway a couple of years ago. Councilmember Hammerel stated that he felt that the City was obligated to maintain the right -of -way should assist Mr. Krogness by removing the bituminous from the street to the right -of -way and restore back to gravel. Based on discussion, it was moved by Councilmember Grabek, seconded by Councilmember Frahm, to accept staff recommendation not to repair drive apporach at 650 Stubbs Bay Road North. Motion, Ayes 4, Nays 1. Councilmember Hammerel voted nay. TREE REMOVAL POLICY It was moved by Mayor Butler, seconded by Councilmember Frahm, to institute the policy for removal of hazardous dead trees on City property that present a significant danger to abutting property owners and their property. Additionally the Council authorizes a $3,000.00 appropriation for this fund to be reimbursed of any monies left in the right -of -way maintenance account at the end of the year. Motion, Ayes 5,.nasy 0. 3220 WATERTOWN ROAD - RESCIND HAZARDOUS BUILDING PROCEEDINGS* It was moved by Councilmember Adams, seconded by Councilmember Frahm, Council to cancel Resolution #1939 regarding hazardous building proceedings on the property as the property has been brought into conformance with the current codes. Motion, Ayes 5, Nays 0. L.M.C.D. BUDGET City Administrator Bernhardsons reviewed the proposed - L.M.C.D. Budget. It was moved by Mayor Butler, seconded by Councilmember Adams, to accept the information and the recommendation from staff regarding the LMCD 1987 Budget and that those members present any comments they have to Orono's Director on the LMCD at the July 18, 1986 Council meeting. Motion., Ayes 5, Nays 0. SPECIALS ON CONRY AND KRUTZIG PROPERTY* RESOLUTION 12023 It was moved by Councilmember Adams, seconded by Councilmember Frahm, to adopt Resolution #2023 providing for the collection of unpaid 1985 Developer's Fees in the amounts of $704.00 on the Conry property, and $171.00 on the Krutzig property, totaling $875.00, and to add 10.0% interest to the amounts due, effective March, 1986. Motion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO.COUNCIL MEETING HELD JULY 14, 1986 1986 SEAL COATING* It was moved by Councilmember Adams, seconded by Councilmember Frahm, Council to authorize the City Engineer to prepare plans and specifications and to advertise for bids for sealcoating of city streets per proposed list. Motion, Ayes 5, Nays 0. VANEECKHOUT PROPERTY* It was moved by Councilmember Adams, seconded by Councilmember Frahm, that the City Council formally approve connection of the property at 650 North Brown Road to Long Lake sewer since thay have approved it with utilization of a Long Lake unit and direct connection and billing by Long Lake. The property cannot feasibly be served by septic. Motion, Ayes 5, Nays 0. INSURANCE AGENT OF RECORD - DEWEY CARLSON* It was moved by Councilmember Adams, seconded by Councilmember Frahm, that the Council appoint DuWeyn Carlson, Apple Valley Agency as Insurance Agent of Record for 1987. Motion, Ayes 5, Nays 0. PATROL OFFICER HIRING* It was moved by Councilmember Adams, seconded by Councilmember Frahm, that the Council grant authority to the City Administrator that if deemed appropriate that Mark Moran and Robert Seliski be employed as patrol officers. Motion, Ayes 5, Nays 0. EQUIPMENT PURCHASE - PARKS* It was moved by Councilmember Adams, seconded by Councilmember Frahm, to apporve the purchase of a lawn vacuum from Tri K Sports for an amount not to exceed $1,396.00 and to acquire the funds from the park dedication fund. Motion, Ayes 5, Nays 0. TEMPORARY EMPLOYMENT - SEPTIC SYSTEM INSPECTOR -* JOHN PETRAN It was moved by Councilmember Adams, seconded by Councilmember Frahm, that the City Council formally approve the hiring of John Petran as a temporary part - time employee of the Building & Zoning Department at an hourly rate of $7.00 and to commence such employment on July 14, 1986. Motion, Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT It was moved by Mayor Butler, seconded by Councilmember Adams, to approve City Administrator Bernhardson's information report regarding: Goal Setting Status, Lake Minnetonka Access, Fulmer Property, Chicken Joint, Deering Island, West Ferndale, Freshwater Biological Institute,and LELS- Grievance Arbitration. Motion, Ayes 5, Nays 0. 10 MINUTES OF THE REGULAR ORONO.COUNCIL MEETING HELD JULY 14, 1986 CITY ATTORNEY'S REPORT: City Attorney Blatz requested the Council enter into executive session. LICENSES* BILLS* ADJOURNMENT It was moved by Councilmember Adams, seconded by Councilmember Frahm, to approve the following licenses: Home Occupation License - Allied Concert Services 2515 Kelly Avenue Solicitation License —Green Peace Septic System License - J.P. Norex, Inc. Kennel License - Thomas C. Anderson 3550 North Shore Drive. Dixie Partington 1905 Fagerness Point Road Motion, Ayes 5, Nays 0. It was moved by Councilmember Adams, seconded by Councilmember Frahm, to approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 5, Nays 0. It was moved by Mayor Butler, seconded by Councilmember Adams, to adjourn the regular Council meeting at 9:45 P.M. Motion, Ayes 5, Nays 0. 11 Mary C. Bu ler, Mayor .. REQUEST FOR PAYMENT DATE: June 30, 1986 PLACE: Orono, Minnesota PROJECT: Sanitary Sewer Improvements Crystal Bay PROJECT NO.: 13918 FILE NO.: 13918 CONTRACTOR: A.R.I. Contracting, Inc. ADDRESS: P.O. Box 706 Eveleth, *Minnesota 55734 REQUEST FOR PAYMENT NO.: 7 SUMMARY: 1. Original Contract Amount 2. Change Order — ADDITION 3. _Change Order - DEDUCTION 4. Revised Contract Amount 5. Value Completed to Date 6. Material on Hand 7. Amount Earned 8. Less Retainage 3 % $ 28,141.50 9. Sub -Total 10. Less Amount Paid Previously 11. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: OWNER APPROVAL: By By FOR PERIOD: From: Jan. 1, 1986 To June 30, 1986 COMPLETION DATE: October 15, 1985 (Dec. 15, 1985) Bituminous Base & Wear Surfacing June 15, 1986 $ 691,587.65 $ 719,729.15 $ 695,418.85 $ 0.00 $ 695,418.85 $ 20,862.57 $ _ 674,556.28 $ 566,645.85 7 $ 107.910.43 Recommended for Approval by: BONESTR00, ROSENE, ANDERLIR & ASSOCIATES, INC. By: Date: Approved By: A.R.I. Contracting Inc. ,,, Contractor By : 7650c