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HomeMy WebLinkAbout07-28-1986 Council Minutesi� is MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 28, 1986 3 ATTENDANCE 7:03 P.M. The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Grabek and Adams. Councilmembers Frahm and Hammerel were 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. CONSENT AGENDA* It was moved by Councilmember Adams, seconded by Mayor Butler, to approve the Consent Agneda* as submitted. Motion, Ayes 3, Nays 0. APPROVAL OF MINUTES_* - It was moved by Councilmember Adams, seconded by Mayor Butler, to approve the Minutes of the Regular July 14, 1986 Council meeting as submitted. Motion, Ayes 3, Nays 0. LAKE MINNETONKA CONSERVATION DISTRICT REPORT: 1987 BUDGET AND DOCK SIZE /SLIP SIZE REGULATION LMCD Representative JoEllen Hurr was unable to attend the meeting, therefore, it was moved by Councilmember Adams, seconded by Mayor Butler, to table this matter until the August 11, 1986 Council meeting. Motion, Ayes 3, Nays 0. PUBLIC COMMENTS There were no comments from the public at this time. ZONING ADMINISTRATOR'S REPORT: #1027 MRS. PHILIP PILLSBURY* 1200 BRACKETTS POINT ROAD VARIANCE RESOLUTION #2024 It was moved by Councilmember Adams, seconded by Mayor Butler, to adopt Resolution #2024 granting a variance to permit the construction of a 6 foot high wall within the street yard of a lakeshore lot that is not adjacent to a major thoroughfare for a distance of 55 feet where only �a 3-to 3 -1/2 foot wall is allowed. Motion, Ayes 3, Nays 0. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 28, 1986 #1026 MIRE HILBILINR /JOHN VOGT 1060 OLD CRYSTAL BAY ROAD PRELIMINARY SUBDIVISION RESOLUTION Mike & Ann Hilbilink and David & Cheri Will were present for this matter. Zoning Administrator Mabusth explained the Planning Commission recommendation for future access and access easements within the subject property. Planning Commission recommended that the north /south link be located within a 60 foot wide corridor on the east side of the Hallson estates plat because this would be the most central location of the half section. Staff feels that this would not be the most central location of the undeveloped lands as would the corridor recommended by staff. Mabusth also noted that the Planning Commission's recommended through road would be an unsafe access onto Watertown road due to the limited sight distance coming from the west. Within the subject property, Planning Commission recommended that a future private road outlot be designated along the west boundaries of Lots 2 & 3 up to southeast corner of Lot 1 as the major through road would be now relocated further east and not within applicant's property. Zoning Administrator Mabusth reviewed with the Council staff's recommendation that a future north /south through road be designated along the east boundaries of Lots 2 & 3 at a minimum width of 60 feet to connect to a future extension of Woodhaven. Mike Hilbilink stated that staff's recommendation would take out the only trees located on the property. In addition, he felt it unfair to designate a 60 foot corridor along his property, which would total almost an acre, when he does not plan on subdividing and it would totally benefit the property to the east when it is developed, and force a road through that he does not want. He feels that easements should be designated either through condemnation or when the property is developed. Ann Hilbilik stated that it defeated the purpose of why they are purchasing the property, they do not want a major road going right past their house. Councilmember Grabek asked staff why it would be a problem to designate access roads at a later date. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 28, 1986 #1026 HILBILINR/VOGT continued Zoning Admilnistrator Mabusth stated that she felt very strongly that accesses be planned at this time in order to avoid piecemeal planning-and minimizing the difficulties of dealing with multiple developers or comprehensive planning for through roads. City Administrator Bernhardson made the following comments: 1) The city may designate an easement through condemnation at a later date but at a cost to the city, which may force it to be a public road rather than a private road. 2) Try to avoid numerous curb cuts on Watertown and Old Crystal Bay roads by designating the easement now. Councilmember Adams stated that he is in favor of planning the accesses now, but is not certain that the city should commit itself to a public road at this time. Mayor Butler stated that subdivisions usually required a little give and take and it was just good planning on the part of the city to designate road accesses and easements at this point. Mr. Hilbilink submitted three different access road proposals of his own for council to review. Bob Craig, realtor for the current owners of the property, stated that he felt staff's proposal had 85% more roads than necessary, he recommended clean road accesses along the lot lines. Bill Levering, 2500 Woodhaven Dr., stated that the City must give some consideration to the property owners in Woodhaven who have already built their homes. Bill Hull, 2445 Woodhaven Dr., representing the Woodhaven Homeowners Association, stated that a north /south through road to Woodhaven, as proposed by applicants, would be a hardship to the present homeowners. Councilmember Grabek stated that he saw the need to define the road system now but because of the controversial decision involved (safety, welfare, hardships), he felt that the City Engineer should review and make recommendations. 3 { MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 28, 1986 #1026 HILBILINK/VOGT continued David Will, future owner of lot 1, stated that he felt they should proceed with the designated cul -de -sac plan and in 30 years when /if needed city should proceed with condemnation for throughroads so the present homeowners do not have to deal with the hardships. Based on the issues and questions involved, it was moved by Councilmember Grabek, seconded by Mayor Butler, to defer this matter until the August 11, 1986 Council meeting for the City Engineer's review and recommendation. Motion, Ayes 3, Nays 0. #1043 GARY BEITO 1169 NORTH ARM DRIVE VARIANCE RESOLUTION #2025 City Administrator Bernhardson explained the request for an after- the -fact request for a 3' side setback variance to construct a screen porch in line with the existing house. Planning Commission recommended approval. Councilmember Adams suggested a height restriction be applied. Gary Beito was present for this matter. It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #2025 amending it to include a condition that no addition above the screen porch will be allowed. Motion, Ayes 3, Nays 0. #1045 ARTHUR AND CLEO BLOEMENDAAL 145 CYGNET PLACE VARIANCE RESOLUTION #2026 Cleo Bloemendaal was present for this matter. City Administrator Bernhardson explained the request for a front setback variance of 23' to add a third stall to their garage so that a portion of the existing garage can be remodeled into a laundry room. Planning Commission recommended approval. It was moved by Mayor Butler, seconded by Councilmember Grabek, to adopt Resolution #2026 approving the variance as presented. Motion, Ayes 3, Nays 0. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 28, 1986 #1050 THOMAS R. BROWNE 760 BROWN ROAD SOUTH VARIANCE RESOLUTION #2027 Thomas R. Browne was present for this matter. City Administrator Bernhardson explained the request for a front yard setback variance to construct an addition to replace an existing porch and construct an attached garage. He noted that applicant is changing the driveway access layout which staff finds acceptable. Planning Commission recommended approval. It was moved by Councilmember Grabek, seconded by Councilmember Adams, to adopt Resolution #2027 approving the variance as presented. Motion, Ayes 3, Nays 0. 11054 STEVEN SCHNEBLY 2555 COUNTRYSIDE DRIVE VARIANCE RESOLUTION . #2028 Steven Schnebly was present for this matter. City Administrator Bernhardson explained the request for after - the -fact variances to permit the construction of masonry walls flanking his driveway entrance which exceed the 42" maximum height allowance and require a variance because they are structure within a front yard area. Assistant Zoning Administrator Gaffron stated that the Planning Commission voted 3 -2 to approve the request, with the minority opinion being that a similar type of structure was recently disapproved on Brackett's Point (Pillsbury serpentine wall) and approval of the Countryside Drive application would be inconsistent. Staff differentiates this application from the Pillsbury application in that it is essentially two pillars rather than a continuous wall. In response to the question by Mayor Butler, Mr. Schnebly stated that he did not plan to put anything on top of the entrance pillars. It was moved by Councilmember Grabek, seconded by Councilmember Adams, to adopt Resolution #2028 granting the after - the -fact variances as presented. Motion, Ayes 3, Nays 0. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 28, 1986 APPROVAL OF ENTRANCE SIGNS City Administrator Bernhardson stated that these two requests are forwarded for Council review because there is no clear direction in the code regarding area limits or standards for special signs in residential districts. Luce Line Ridge - Applicant, Randy Asplund, proposes a 6'9" and 12' in width - approximately 75 s.f. (code states maximum height of 8' allowed and normally a maximum of 50 s.f., the B -1 standard, has been utilized as a guide). Staff confirms that the proposed location (10 -15 feet off Luce Line Ridge right -of -way and 15+ feet off County Road right -of -way) creates no sighting hazards or interference with stop sign use. Mayor Butler suggested reducing the area of sign by lowering it. Councilmember Adams suggested that the city establish maximum height and size standards and let the developers be as creative as they want within those standards. It was moved by Councilmember Adams, seconded by Councilmember Grabek, to approve the proposed 619" high sign (and no greater than 8' in height) and reduce the size to a maximum of 50 s.f. Motion, Ayes 2, Nays 1. Mayor Butler voted nay stating the sign was too high. Grace Baptist Chuch - The church wishes to replace existing sign with an 1117" x 22' sign. Staff notes that the church could have the same sign at 17' in height but that a larger sign is possibly needed because of the surrounding commercial areas. Staff confirms that the proposed sign will create no sighting problems or interference with the use of traffic signals or signs in the busy intersection. It was moved by Councilmember Grabek, seconded by Mayor Butler, that applicant comply with existing ordinance or apply for a variance for a sign over 8' in height. Motion, Ayes 3, Nays 0. PARR DEVELOPMENT Staff requests Council's conceptual approval of Noerenberg Parks parking lot design and revised grading plan before a resolution is drafted. Staff recommends approval of the revised grading plan. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 28, 1986 NOERENBERG PARK DEVELOPMENT continued Regarding the parking lot design, staff thought they would reduce the size of the parking lot when they were required to cut the proposed number of parking spaces in half, however they merely cut out the "wing areas' in order to allow easy expansion if needed in the future. Councilmember Adams stated that the design for the parking lot should be for 26 cars and should be well screened from the neighbors. It was moved by Councilmember Grabek, seconded by Councilmember Adams, to approve the City's revised grading plan and send the parking plan back to Hennepin Park District for re- design. Motion, Ayes 3, Nays 0. BIG ISLAND VETERAN'S CAMP Councilmember Grabek raised an inquiry regarding the intent of the Veteran's camp on Big Island and the Hennepin Park District. City Administrator Bernhardson stated that staff would check into it. MAYOR'S REPORT: PLANNING COMMISSION VACANCY APPOINTMENT Mayor Butler stated that the appointment of Planning Commission member Ed Callahan to the Council leaves a vacancy on the Planning Commission. City Administrator Bernhardson submitted staff's recommendation to fill the vacancy. It was moved by Mayor Butler, seconded by Councilmember Adams, to appoint Jim Hanson to the Planning Commission for the term effective July 29, 1986 through December 31, 1987. In addition to this appointment the following classifications are adopted for each of the Planning Commission members: George Rovegno Jr. - Urban Charles Kelley - Rural Gloria-McDonald - Urban J. Diann Goetten - At Large Paul Taylor - Rural Maureen Bellows - At Large Jim Hanson - At Large Motion, Ayes 3, Nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 28, 1986 BIG ISLAND Mayor Butler inquired regarding the status of the fish houses stored on Big Island which were to be removed by May 15, 1986. City Administrator Bernhardson stated that citations have been issued for prosecution. Staff will report back on the status of prosecution at the August 11, 1986 Council meeting. CABLE TV REPORT* It was moved by Councilmember Adams, seconded by Mayor Butler, to accept the Minutes of the June 17, 1986 Meeting and the Agenda for the July 22, 1986 Meeting. Motion, Ayes 3, Nays 0. CITY ADMINISTRATOR'S REPORT: WEST FERNDALE /COUNTY ROAD 15 INTERSECTION City Administrator Bernhardson reported that following the Council's decision to close the western leg of West Ferndale, the City has received numerous comments indicating that closing off of the western leg would cause a significant problem for people coming out of Woodhill, particularly during rush hours and in slippery conditions. During those times, persons who desire to head east bound from Woodhill will go westbound on County Road 15, turn left into the west leg of West Ferndale and then come back out on the east leg. In light of this new information, staff recommends another option that of reducing the width of the West Ferndale Road intersection by placing guard rail posts at the west side of the radius thereby forcing a speed reduction to complete the turn. Councilmember Grabek stated that he felt more comfortable with this action rather than closing the road. Henry & Marilyn Kingman, 1185 West Ferndale, were present for this matter expressing concerns hoping this would solve the problems. It was moved by Councilmember Grabek, seconded by Councilmember Adams, to rescind the action of June 23, 1986 regarding closing of West Ferndale adn that the recommendation to narrow up the radius be the alternative implemented. Motion, Ayes 3, Nays 0. C MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 28, 1986 TONRA TRANSMISSION City Administrator Bernhardson reported on discussions with Craig Olson, and the following opti.ons were considered: 1) stay at the existing 10 car limit with a conditional use permit and retain the pump island and use of gas tanks; 2 ) if additional parking slots are desired (14 slots), the pump island is to be removed with the tanks or replaced in another location. Staff recommends that if legal and the parties so agreed, that the tanks and pumps would be removed, parking increased to 14 slots and that the property owner would be placed in the same legal position regarding the tanks as if they had not been removed. If this is not acceptable to Mr. Olson, the City would then start tagging and towing if possible. City Attorney Blatz stated that having researched the towing law finds that it clearly states that only the owner of the car or property can request towing of f of private property. Zoning Administrator Mabusth noted that the parking situation has been cleaned up and that Mr. Olson has come up with a policy and procedure for removal of the extra cars. It was moved by Councilmember Grabek, seconded by Councilmember Adams, to concur with the two options as outlined by staff. Motion, Ayes 3, Nays 0. PERMANENT PART TIME CLERICAL POSITION - JAMIE BOSMA It was moved by Mayor Butler, seconded by Councilmember Grabek, to establish the position of Office Assistant at the rate of $6.00 per hour commencing 1 August 1986 and that the status of current temporary part -time employee Jamie Bosma be changed to permanent part time employee in that position commencing on that date with benefits retroactive to the 1st of June 1.986. Motion, Ayes 3, Nays 0. ASSESSOR'S CONTRACT City Administrator Bernhardson stated that in renewing the assessors contract, staff recommends approval of the 10% increase in contract price because of the quality of the work done by them together with the fact that considerable personal attention is paid to people by the contractor's. They have made extensive efforts to improve their service both to the property owners and their work with the City. He also noted the increase in construction activity over the level when the contract was originally drawn. 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 28, 1986 ASSESSOR'S CONTRACT continued It was moved by Councilmember Grabek, seconded�by Mayor Butler, to accept the amount of $45,204 as a contract price and that the City Administrator be directed to enter into the appropriate contract with teh Assessors for the year 1 September 1986 to 31 August 1987. Motion, Ayes 3, Nays 0. Councilmember Adams indicated that the assessors -should work on more preparedness at the the Board of Review meetings. 1987 BUDGET PROCESS It was moved by Mayor Butler, seconded by Councilmember Adams, to set Wednesday, September 17, 1986 at 6:00 P.M. as the initial budget meeting for the 1987 budget. Motion, Ayes 3, Nays 0. 1985 AUDIT REPORT - FEDERAL FUNDS* It was moved by Councilmember Adams, seconded by Mayor Butler, to accept the Auditor's report for federal funds compliance. Motion, Ayes 3, Nays 0. 11IGHWAY 12 CORRIDOR STUDY* It was moved by Councilmember Adams, seconded by Mayor Butler, to accept the date of September 3, 1986 as the next meeting date for the planning study and that the City Administrator be directed to negotiate appropriate contract revision for the Highway 12 Study with Mr. Shardlow. Motion, Ayes 3, Nays 0. ELECTED OFFICIALS SALARY It was moved by Mayor Butler, seconded by Councilmember Adams, to accept an increase from $3,300 to $3,600 for the Mayor's salary and that the Councilmember's salary be increased from $2,640 to $2,900 for 1987 -88. Motion, Ayes 2, Nays 1. Councilmember Grabek voted nay. PETITION - SKATING RINK REQUEST* It was moved by Councilmember Adams, seconded by Mayor Butler, for Council to refer the petition for a skating rink in Hackberry Park to the Park Commission for recommendation. Motion, Ayes 3, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Adams, seconded by Mayor Butler, to accept City Administrator Bernhardson's information report regarding Ed Lehman, 2695 Casco Point Road, Countryside Homeowners, Deering Island, Liquor Store End of Quarter Results, LELS /Grievance Arbitration, Crystal Bay Sewer Appeals, and County Road 19 - Speed Reduction Request. Motion, Ayes 3, Nays 0. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 28, 1986 CITY ATTORNEY'S REPORT: City Attorney Blatz reported that the appeals hearings on the Crystal Bay sewer have been completed and a post hearing memorandum will be submitted by the attorneys and Council will recieve a status report from City Attorney Tom Barrett. LICENSES* It was moved by Councilmember Adams, seconded by Mayor Butler, to approve the following licenses: Residential Kennel License — Shannon N. Brogan 2240 W. Wayzata Blvd. BILLS* Solicitors License - Fabian Seafood 15500 Wayzata Blvd. Dow -Sat of Minnesota/ D.R.P. Marketing 9729 Utica Road, Bloomington Motion, Ayes 3, Nays 0. It was moved by Councilmember Adams, seconded by Mayor Butler, to approve payment of the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 3, Nays 0. ADJOURNMENT 8:54 P.M. It was moved by Mayor Butler, seconded by Councilmember Adams, to adjourn the regular Council meeting at 8:54 U M Mn +;.,n, Ayes 3, Nays 0. 11 �x CN Mary C. Butler, Mayor Tim Adams, Acting Mayor