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HomeMy WebLinkAbout11-24-1986 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 24, 1986 ATTENDANCE 7:02 P.M. The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Grabek, Frahm, and Adams. Councilmember Callahan was absent. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Blatz and City Engineer Cook were also present. CONSENT AGENDA* It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve the Consent Agenda* as submitted. Motion, Ayes 4, Nays 0. APPROVAL OF MINUTES* It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve the Minutes of the Canvassing Board Meeting of November 5, 1986 as submitted. Motion, Ayes 4, Nays 0. DNR PRESENTATION - REFER TO PAGES 7 -9 PUBLIC COMMENTS It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve the Minutes of the regular Council Meeting of November 10, 1986 as submitted. Motion, Ayes 4, Nays 0. There were no comments from the public at this time. ZONING ADMINISTRATOR'S REPORT: #1003 HANS G. WEILER /DON KEMPF 1125 AND 1135 NORTH ARM DRIVE FINAL SUBDVISION RESOLUTION #2082 Hans G. Weiler was present for this matter. City Administrator Bernhardson explained the request for a lot line rearrangement which was previously approved in 1972 but not filed. It was moved by Councilmember Frahm, seconded by Mayor Butler, to adopt Resolution #2082 approving a Metes and Bounds Subdivision of a Lot Line Rearrangement for Hans G. Weiler and Don Kempf. Motion, Ayes 4, Nays 0. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 24, 1986 #1075 JOSEPH DURDA 3135 NORTH SHORE DRIVE VARIANCE - REQUEST TO RECONSIDER COUNCIL ACTION Assistant Zoning Administrator Gaffron reported that the applicant was unable to attend this meeting and requested the Council table this matter. It was moved by Mayor Butler, seconded by Councilmember Adams, to table this matter until staff is notified by applicant when they can attend. Motion, Ayes 4, Nays 0. #1081 GREGORY W. LONG 3359 CRYSTAL BAY ROAD VARIANCE RESOLUTION Gregory Long was present for this matter. He submitted a revised plan indicating areas of hardcover to be removed which would decrease the 0 -75' hardcover to 29.3% from the previous proposed 41.9% level. He stated that his main concern was to avoid parking on the street to allow access to driveway and garage. Councilmember Frahm restated his feelings indicated at the last Council meeting regarding the reduction of hardcover in the 0 -75' to a maximum of 25% in return for the City allowing structure in the 0 -751. Mayor Butler stated that she felt the topography was a hardship and would be willing to approve the revised proposal. It was moved by Councilmember Frahm, seconded by Mayor Butler, to approve the revised proposal which shortens the depth of the porch by 31, narrow driveway width to 16', and decrease 0 -75' hardcover to 29.3 %. Approval based on hardship of lot, size, topography. Motion, Ayes 2, Nays 2. Councilmember Grabek and Adams voted nay. Councilmember Grabek stated that he still felt the structure was an intrusion into the 75' sightline and allowing it would create a precedent. Councilmember Adams stated that he did not agree with the philosophy of the smaller the lot, the more allowed penetration into the 0 -75' setback. Councilmember Frahm stated that he felt the reduction of 0 -75' hardcover is a benefit to the City and is a suitable exchange. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 24, 1986 11081 LONG CONTINUED Councilmember Adams stated that he would like this request tabled so he could review the property more thoroughly. Mr. Long noted that he wanted to rip -rip the shoreline about 10 years ago and was denied by the City, and now he has lost 4 -5' of shoreline credit from erosion. It was moved by Councilmember Adams, seconded by Mayor Butler, to table this matter for further review. Motion, Ayes 3, Nays 1. Councilmember Grabek voted nay. #1082 JOHN F. DOUGAN 2785 WHITE OAR CIRCLE CONDITIONAL USE PERMIT RESOLUTION #2083 City Administrator Bernhardson explained the request for a conditional use permit for construction of a water retention area. This request was tabled at the last meeting pending a)a letter of non - objection from the downstream neighbor ( Marier), b) Mr. Dougan's presence at the meeting, and c) comments regarding drainage to a dedicated drainage easement along White Oak Circle. Mr. & Mrs. John Dougan were present for this matter. Mr. Dougan submitted a letter of non - objection from the neighbor at 2775 White Oak Circle. Mayor Butler read the letter of non - objection from Mr. Marier into the record. Mayor Butler wanted to make sure Mr. Dougan understood that this proposal may not cure his problem. Mr. Dougan stated that he understood this fact. Assistant Zoning Administrator Gaffron reviewed the drainage easement area and noted that staff recommends requiring a developer's agreement. It was moved by Councilmember Adams, seconded by Councilmember Frahm, to adopt Resolution #2083 approving the conditional use permit subject to providing a Hold Harmless Agreement and Developer's Agreement., Motion, Ayes 4, Nays 0. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 24, 1986 #1083 BERNIER /RLINT /BARR 3535 & 3545 IVY PLACE AND 3034 CASCO POINT ROAD PRELIMINARY SUBDIVISION RESOLUTION #2084 City Administrator Bernhardson explained the renewal of a preliminary subdivision of a lot line rearrangement was originally approved in February 1985 but was never filed. Mr. & Mrs. Bernier were present for this matter. It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #2084 granting Preliminary approval of a plat of a lot line rearrangement known as Casco Cove. Motion, Ayes 4, Nays 0. #1089 R. HUNT GREENE 865 PARTENWOOD ROAD VARIANCE RESOLUTION #2085 City Administrator Bernhardson explained the request for hardcover and lakeshore setback variances to construct 2 -story kitchen /master bedroom extension and sunroom additions. He noted that the previous owner was granted approval to construct a 576 s.f. addition in 1983, but the addition was never constructed. Applicant is requesting to add on in a different location a total of 292 s.f. Planning Commission recommended approval subject to removal of 500 s.f. of gravel parking area. Hunt Greene was present for this matter and noted that he could remove approximately 800 s.f. of gravel parking area if necessary. Councilmember Adams stated that he supported the application and felt that applicant has done everything possible to minimize the encroachment. Mr. Greene showed photos of the undersized kitchen and bedroom. Councilmember Grabek stated that he did not find any difference in this application from the previous Long application in giving approval of encroachment of structure further into the lakeshore setback. Applicant bought the house as such knowing the size of the kitchen and bedroom. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 24, 1986 #1089 GREENE CONTINUED Mr. Greene noted that there is a possiblity of changing the configuration of the addition slightly in order to conform to the roofline, which would reduce the hardcover approximately 60 s.f. He requested that the Council approve the possible change subject to staff approval. Council noted that staff has the authority to approve the change if it results in a decrease of hardcover. It was moved by Councilmember Adams, seconded by Councilmember Frahm, to adopt Resolution #2085 approving the variance as presented subject to removal of 800 s.f. gravel parking area hardcover. Motion, Ayes 3, Nays 1. Councilmember Grabek voted nay. #1094 DR. GLEN NELSON 500 TONRAWA ROAD CONDITIONAL USE PERMIT RESOLUTION #2086 City Administrator Bernhardson explained that the Council had considered the request for a variance and conditional use permit to construct a tennis court at the last meeting but had concerns in applicants absence regarding fencing, lighting, and screening from the lake. ENGINEER'S REPORT: MAYOR'S REPORT: CABLE TV REPORT: Applicant's architect Dale Gustafson was present for this matter. He explained the proposed type of fencing around the court as a 10' high green vinyl- coated cyclone fence with green poles. Lighting is proposed to be directed downward into the tennis court area only and will turn on -off at the tennis court. He noted that the existing vegetation and location of the gazebo will screen the tennis court from most vantage points on or across the lake. U It was moved by Councilmember Adams, seconded by Councilmember Grabek, to adopt Resolution #2086 granting a variance and after - the -fact conditional use permit as presented. Motion, Ayes 4. Nays 0. City Engineer Cook had no report. Mayor Butler had no report. Councilmember Frahm reported on the status of the proposed new franchise ownership of Dow -Sat Inc. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 24, 1986 CITY ADMINISTRATOR'S REPORT: ORONO LANE - ACCESS IMPROVEMENT City Administrator Bernhardson explained that the discussion of construction of a change of access from Orono Lane to County Rd. 15 was tabled for additional information. Staff has reviewed the accident history, _. noting that there have been 14 accidents from 1980 -1986 none of which were related to the access location on the curve. Since there appeared to' be no outside funding available from County or M.S.A. funds, staff recommends that the bulk of the project be funded on a local assessment. Because there may be a small benefit to the City by reducing the possible accident concern, staff recommends that the City spend up to a total of 10% of $3,500.00 to include up to $1,000 for the feasability. study. Mayor Butler suggested a possible alternative of creating an eastbound acceleration lane lenghthy enough to provide exiting from Orono Lane time to reach the speed limit of County 15. City Engineer Cook stated that Mayor Butler's suggestion might be more in line with a County funded safety improvement and it would help the hazardous condition. Councilmember Frahm suggested reducing the speed limit over the entire stretch of County 15. He felt hardpressed to.spend Orono money for this project. Mr. Newell Weed, 1385 Orono Lane, was present for this matter and stated that reducing and abiding the speed limit would help but not solve the problem. Speaking on behalf of the Orono Lane residents, they request that the City undertake the feasability study and they would be willing to pay half (up to $500) of the"study cost. Councilmember Adams stated that he felt Mr. Weeds suggestion was excellent and an act of good faith on their part. It was moved by Councilmember Adams, seconded by Councilmember Frahm, to proceed with the feasability study based on a 50/50 shared cost up to $1000 total cost. Motion, Ayes 4, Nays 0. Results of study will be brought back to the January Council meeting. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 24, 1986 NORTH BROWN ROAD PETITION City Administrator Bernhardson explained that since this issue was first presented in October, the Police Department has done some speed enforcement which resulted in a small impact. He noted that the traffic volume has increased since 1982 on the south end 58% and 25% on the north end. Regarding the placement of a stop sign, staff feels it would not impact either the speed or volume except possibly in the direct vicinity of the stop sign. George Johnson, 879 Brown Road North, was present for this matter. He stated that he felt placement of a stop sign near the middle area of the road would help significantly. He noted that the residents have great concerns for the safety of children, bicyclists, and joggers. Councilmember Adams stated that this issue should be discussed with Long Lake. George Johnson expressed concerns regarding the through road on Willow Dr. and also the need to address bike routes for safety within the Hwy. 12 study. It was moved by Councilmember Adams, seconded by Councilmember Grabek, to direct staff to work on sporatic enforcement in an effort to reduce the average speed on the road and also continue to deal with volume issues through the Highway 12 study. Motion, Ayes 4, Nays 0. ULRICH REQUEST FOR DNR HEARING REPRESENTATIVES OF DNR Present to discuss the Ulrich heating /cooling system from the Department of Natural Resources were: Hedia Adelsman, Groundwater Appropriations; Judy Boudreau, Area Hydrologist; and James Japs, Groundwater Appropriations. Representing Mr. William Ulrich were John Noble and Gregory Halbert. Ms. Adelsman reviewed the type of information that went into the decision to issue Mr. Ulrich's appropriation permit. She listed the three concerns considered when issuing water appropriation permits: 1. What impact the project will have on the resource uncluding water development and water protection. 2. What impact the project well would have on other wells. 3. Allocation of resource. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 24, 1986 DNR PRESENTATION CONTINUED Ms. Adelsman indicated by graph that the groundwater level from 1971 - 1980 has decreased and consistently recovered to remain at basically the same level. She stated that with all the concerns considered, the DNR has determined that the Ulrich project itself would not have any impact on the lake. Based on some of the other projects in Minnesota, the Ulrich project pumping 11 million gallons of water per year is not considered a major appropriation. Councilmember Grabek asked staff what concerns the Freshwater Biological Institute had regarding this project. City Administrator Bernhardson stated that the main concern indicated by the FWBI was the impact on the aquifer if numerous systems were installed. Councilmember Adams asked how the DNR would react if 50 permits for heating /cooling systems were applied for. Ms. Adelsman stated that they would only be concerned if they were all in one area. Mr. Japs noted that other requests would most likely be on a much smaller basis than the Ulrich project. Ms. Adelsman noted that the DNR can revoke or change the conditions of a permit at any time if they find that the project is causing a detrimental impact on the resource. Mayor Butler stated that, based on information she has received, this type of system would not work in Minnesota because of the chance of freeze -up. Ms. Adelsman stated that she does not fedl that would occur based on the success of much larger scale Minnesota projects. Ms. Boudreau noted that because of the slight chance of the discharge creating ice melt, they felt discharge into the lagoon area would be safest at this point. Councilmember Frahm asked if the City could ~initiate a DNR study after the permits have been issued if the City feels there are problems. Ms. Adelsman and Ms. Boudreau acknowledged that they are always willing to listen and re- evaluate the permit. 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 24, 1986 DNR PRESENTATION CONTINUED City Attorney Blatz noted that City Attorney Barrett indicated two concerns: 1. Electricity used for such a project. 2. Alternatives to this type of system. Ms. Adelsman stated that the DNR does not consider the economics of the project, their main consideration is whether it is a reasonable use of the resource. Councilmember Grabek stated that he would like time to absorb the information presented at this meeting before making a final decision. He also noted that he would like more back -up from the FWBI on this'matter. Councilmember Frahm suggested the possibility of this project being a test case and placing a moratorium on other requests until results are known. It was moved by Councilmember Grabek, seconded by Councilmember Frahm, to table this matter at this time. Motion, Ayes 4, Nays 0. COMPARABLE WORTH - PART I It was moved by Mayor Butler, seconded by Councilmember Frahm, to accept the information on comparable worth and recommendations for proposed changes and that these be brought back to the December 8, 1986 meeting for implementation. Motion, Ayes 4, Nays 0. HENNEPIN COUNTY PARRS - LAKE MINNETONKA After discussion of the proposed draft letter, it was moved by Councilmember Grabek, seconded by Councilmember Frahm, to direct staff in their response to Hennepin Parks at this stage in the process. Motion, Ayes 4, Nays 0. o- SOLID WASTE - JOINT POWERS City Administrator Bernhardson noted issues towards the development of a joint powers agreement with neighborhood communities for handling of recycling specifically and possible solid waste collection generally. Mayor Butler expressed concern of the necessity of a full scale garbage collection in order to achieve the goal. She felt that the community should be able to achieve the proper results on their own with the responsibilty put on the homeowner. City Administrator Bernhardson stated that is one of the issues of concern to be addressed. 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 24, 1986 SOLID WASTE - JOINT POWERS CONTINUED It was moved by Councilmember Grabek, seconded by Mayor Butler, to direct staff to incorporate any changes it feels appropriate in the direction of the joint powers agreement. Motion, Ayes 4, Nays 0. WESTONRA SENIORS PROCLAMATION* RESOLUTION #2087 It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution #2087 declaring December 1 to December 5, 1986 as Westonka Senior Citizens Week. Motion, Ayes 4, Nays 0. NADEAU SEPTIC SYSTEM* It was moved by Mayor Butler, seconded by Councilmember Frahm, to accept staff's information regarding the letter of concern on the property at 2055 Webber Hills Road. Motion, Ayes 4, Nays 0. SOUTH BROWN ROAD/FOX STREET - 4 WAY STOP* It was moved by Mayor Butler, seconded by Councilmember Frahm, to initiate a speed survey, correct site distance problems and post appropriate signage to correct the intersection confusion. Motion, Ayes 4, Nays 0. SOIL BORING REQUEST CITY PROPERTY - McCULLEY ROAD* It was moved by Mayor Butler, seconded by Councilmember Frahm, direct staff to contract for soil borings on City property adjacent to McCulley Road to determine the capabilities of each property to support an on -site septic system. The results of the soil borings will be brought to Council upon completion of the report. Motion, Ayes 4, Nays 0. 1290 SPRUCE PLACE* RESOLUTION #2088 It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution #2088 for the sale of the property 1290 Spruce Place to abutting owners. Motion, Ayes 4, Nays 0. BONESTROO DONATION - PARRS* It was moved by Mayor Butler, seconded by Councilmember Frahm, to accept the donation of $200.00 from .Bonestroo and Associates and that money be placed in the Park Dedication Fund. Motion, Ayes 4, Nays 0. AUTHORIZATION OF CITY TREASURER* - WIRE TRANSFER FUNDS - RESOLUTION #2089 It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution #2089 approving the use of, and designating officials authorized to initiate wire transfer of City funds. Motion, Ayes 4, Nays 0. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 24, 1986 APPROVAL FOR HIRING - FINANCIAL ACCOUNTING CLERK* It was moved by Mayor Butler, seconded by Councilmember Frahm, to acknowledge the hiring of Robin Mikelson, Finance Accounting Clerk effective December 1, 1986, at a salary of $18,000 per year with review at the three and six month mark, but with no increase January 1, 1987. Motion, Ayes 4, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Mayor Butler, seconded by Councilmember Frahm, to accept City Administrator Bernhardson's information regarding Countryside Addition and Chapman Easement. Motion, Ayes 4, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Blatz requested the Council enter into Executive Session at 9:42 P.M. LICENSES* BILLS* ADJOURNMENT 9:48 It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve the following licenses: Kennel License - Ross B. Nathanson 2420 Countryside Drive Gambling License - Maple Plain Lions Club (Pull -tabs) Conducted at Jimmy's Lounge 3380 Shoreline Drive Solicitors License - Minnesota Public Interest Research Group Motion, Ayes 4, Nays 0. It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve payment of the All Funds Accounts. Motion, Ayes 4, Nays 0. P.M. It was moved by Mayor Butler, seconded Grabek, to adjourn the regular Council P.M. Motion, Ayes 4, Nays 0. 11 by`Councilmember meeting at 9:48 kill mmon - mayor