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HomeMy WebLinkAbout05-11-1987 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 'ENDANCE 7:00 P.M. The Orono Council met on the above date with the following members present: Mayor Grabek, Councilmembers Callahan, Sime, Peterson, and Goetten. 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 Barrett and City Engineer f Cook were also present. CONSENT AGENDA* It was moved by Councilmember Sime, seconded by Councilmember Goetten, to approve the Consent Agenda subject to: Removal of - Item #31 -Off Sale Liquor License requested by City Administrator Bernhardson Item #21- #1151 Ann Fisher requested by Callahan Item #40- Administrator's Information requested by Callahan Addition of - Item #25 -4545 Wayzata Blvd. Access requested by Callahan Motion, Ayes 5, Nays 0. _'ROYAL OF MINUTES* It was moved by Councilmember Sime, seconded by Councilmember Goetten, to approve the Minutes of the April 27, 1987 Council meeting as submitted. Motion, Ayes 5, Nays 0. PARR COMMISSION COMMENTS RESIGNATION OF CHAIRPERSON - TERRY MORSE It was moved by Mayor Grabek, seconded by Councilmember Peterson, to accept with regret the resignation of Mr. Terry Morse as Park Commission Chair and member effective May 4, 1987, and for the Park Commission to determine and recommend to Council at a later date as to a new Chairperson for the Park Commission. Motion, Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS Planning Commission representative Paul Taylor had no comments at this time. PUBLIC COMMENTS There were no comments from the public at this time. 1 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 70NING ADMINISTRATOR'S REPORT: %- OMPREHENSIVE PLAN #2- HIGHWAY 12* TABLED TO MAY 26, 1987 It was moved by Councilmember Sime, seconded by Councilmember Goetten, to postpone all action and consideration of the Comprehensive Plan Amendment involving the Highway 12 Corridor until the Council meeting of Tuesday, May 26, 1987. Motion, Ayes 5, Nays 0. #1075 JOSEPH DURDA 3135 NORTH SHORE DRIVE VARIANCE REQUEST FOR RECONSIDERATION Present for this matter were applicant's son Dan Durda, Attorney Ray Piirainen, and landscape contractor'John Perkins. City Administrator Bernhardson explained the request for reconsideration of a variance request that granted a 0- 75' setback variance to construct a balcony and an after - the -fact variance to construct a deck in the 0 -75' zone for a property located on a lagoon off Lake Minnetonka on North Shore Drive. Originally, the house was constructed prior to the adoption of the 75' lakeshore setback requirement, subsequently a deck addition was constructed in 1982 which was about 30' from the lagoon, the Building & Zoning Dept. at that time incorrectly considered the lagoon to be a wetland. Last year, applicant built another connecting deck without a permit, and the 75' setback was invoked deeming the lagoon as part of the lake. Planning Commission recommended after - the -fact approval of the deck subject to removal of an equivalent amount (72 s.f.) of plastic sheeting in the 0 -75' zone for no net increase in hardcover. Council ultimately approved the variances with a 2 -1 vote subject to removal of all plastic sheeting under rock beds on the property (approximately 2,200 s.f.) and denied the ability to replace it with geotechnical fabric. (It was noted that the one councilmember who voted against this approval was opposed to approving any additional hardcover on this property.) Applicant is requesting to not have to remove all the plastic on the property because there are some areas where it acts as a protective barrier to keep water away from the house; and be allowed to use a geotechnical fabric under the other rock beds to prevent the use of chemicals to control the weeds which may be considered a pollutant to the lake. In staff's opinion, there are areas where the plastic could be removed with no effect on the house, amounting to about 1,660 s.f. 2 i ti MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 075 DURDA CONTINUED Mr. Piirainen explained the history of the screen porch and patio addition some of which was done previously to the ownership of the Durda's in 1985. Applicant is requesting reconsideration and adoption of the Planning Commission recommendation of removing 72 s.f. of plastic sheeting in the 0 -75'. He noted that the house is 400' back from the main lake and the problem occurs now that the pond is considered lake. Applicant feels that even the staff recommendation of 1,660 s.f. removal is unnecessary to solve the problem. Councilmember Goetten stated she was a member of the ' Planning Commission that approved this application, she questioned why Council would not allow use of geotechnical fabric. Councilmember Callahan stated that his concern with the use of geotechnical fabric is that the City does not yet have specific standards for use of this fabric as an alternative. Dan Durda explained that there is a storm run -off structure. that is on the adjoining property which already direct the majority of run -off into the pond. He implored the Council to allow this variance for his parents taking into consideration their hard earned work upgrading the channel and pond area. John Perkins reviewed the drainage areas of concern and the efforts that were taken with the use of plastic liner to resolve the water problem. Councilmember Goetten felt this was a unique property, however agreed that the back portion is overbuilt. She asked if applicant would be content with the staff recommendation in an effort to help cut down of the hardcover. Mr. Piirainen stated that they felt that Planning Commission recommendation is reasonable and fair, whereas the staff recommendation and Council recommendation is too extreme. Councilmember Goetten moved to recommend approval of the staff recommendation of removal of 1,660 s.f. of plastic and replaced with geotechnical fabric. No second was made to this motion. Motion fails. 3 i MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 L075 DURDA CONTINUED It was moved by Councilmember Callahan, seconded by Mayor Grabek, to deny the application and that the previous action by Council be sustained. Motion, Ayes 3, Nays 2. Councilmember Goetten and Sime voted nay. Councilmember Sime stated that when the home was built, the City had a different view of what consituted a lake and the house was put in legally conforming with City guidelines at that time, however, since that time, the City has changed its opinion finding that the pond was considered--lake in addition to its hardcover regulations. He is in favor of the Planning Commission recommendation. Councilmember Goetten stated since she ' was part of the original Planning Commission recommendation, she still feels it is the most reasonable fair recommendation. Mr. Piirainen asked what their next avenue of recourse would be? Mayor Grabek referred Mr. Piirainen's question to City Attorney Barrett and asked Mr. Barrett what the City's action would be if applicant did not comply with the variance conditions previously imposed by Council. City Attorney Barrett stated that applicant can either accept the variance on the terms granted, or the City has the right to require applicant to de- construct the deck. Attorney Piirainen stated that they are only willing to take out 72 s.f. of the deck. indicating they are not willing to comply with the terms of the granting of the variance for the deck. #1103 HOWARD EISINGER 3245 WAYZATA BOULEVARD CONDITIONAL USE PERMIT Howard Eisinger and John Gannon of Park Construction were present for this matter. City Administrator Bernhardson explained the request for a conditional use permit to fill the 12 acre former dump site with approximately 150,000 - 200,000 cubic yards of fill obtained from the I -394 upgrading. Based on 200,0.00 cubic yards of fill, it would level the area by adding approximately 101. Various agencies have been contacted and all have commented on the impact on the wetlands, etc. One issue raised by the City Engineer is what effect this fill, would have on the landfill, which is surrounded by wetlands — what would happen to the organic materials and other debris in the landfill - would it migrate out into the wetlands causing 4 4 MINUTES OF THE .REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 1103 EISINGER CONTINUED contamination? Since this issue has been raised, a letter was sent to the 5 agencies that had previously reviewed the application seeking their opinion on this concern. One agency recommended that the applicant submit the original soils analysis of 1974 to a soils engineer for his analysis of the impact of the fill loading on the existing dump site and potential of contaminated materials migrating out into adjacent wetlands. Staff recommends tabling until this information is submitted by applicant. Mr. Eisinger stated that they plan to put as much fill necessary (up to 200,00 cubic yards) to obtain a 990 -992 elevation. Mayor Grabek felt the Council should give applicant some direction as to what they would recommend prior to his investing in the soils'analysis. Planning Commission member Johnson noted that Planning Commission recommended approval of 100,000 cubic yards of fill and the City to montior during the next year for consideration of more fill. City Administrator Bernhardson noted that possibly the only acceptable use for this land after it is filled would be a driving range, noting that agricultural use would not be acceptable nor for residential home development. City Engineer Cook commented that the site as it currently exists presents potential for increased leachate, pot holes, and retention po:ids and felt that it would be beneficial to put some fill to smooth out elevations. Mayor Grabek stated he would be in favor of allowing some fill based on the City Engineer's recommendaiton, but applicant should submit supportive documentation for allowing more fill than necessary. Councilmember Goetten stated she would like more detailed information from P.C.A. City Engineer Cook recommended that an analysis be done by a soils lab on the effects of such a project. Council unanimously agreed that they would react positively to allowing some fill if the soils lab report came back favorably. E7 { MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 1103 EISINGER CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Goetten, to table this matter until sufficient supportive information has been submitted to staff (to the least amount expense to the applicant). Motion, Ayes 5, Nays 0. #1109 CURTIS L. JOHNSON 2024 SHADYWOOD ROAD VARIANCE RESOLUTION #2168 Curtis Johnson and Pam Willette were present for this matter. City Administrator Bernhardson explained the request for lot area /lot width, hardcover, side setback, average lakeshore setback variances to put a new foundation under house, centering it on the lot, and add a second story with second story deck.' He explained the Planning Commission recommendation on 4/20/87 of approval and, per applicant's request, Planning Commission's revised recommendation of approval regarding the location of the house and deck in relation to the average lakeshore setback on 5/4/87. The revised recommendation stated that the house must be behind the average house setback line; and second story deck may extend 6' further lakeward or up to the "average second story deck setback line ", whichever is more restrictive. This recommendation was made taking into consideration the locations of the adjacent properties' decks. Councilmember Callahan suggested that Council address future standards of measuring average deck /house setbacks. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2168 granting the variances per staff and Planning Commission recommendation. Motion, Ayes 5, nays 0. #1117 WILLARD C. SHULL 1125 SPRING HILL ROAD VARIANCE DENIAL RESOLUTION Mrs. Shull was present and had no comments. Per request by applicant's attorney, it was moved by Mayor Grabek, seconded by Councilmember Goetten, to table this matter at this time. Motion, Ayes 5, Nays 0. I 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 41119 W. DUNCAN MACMILLAN 1700 FOX STREET CONDITIONAL USE PERMIT Present for this matter were: James McNulty of McNulty Construction; Consultant Planner Edward Hasek of Dahlgren, Shardlow, Uban; Attorney Todd D. Andrews; Duncan MacMillan; and other members of the MacMillan family. City Administrator Bernhardson explained the request for a variance and conditional use permit to construct a caretaker house and a 16,000 s.f. (in floor area) recreational facility, most of which consists of and indoor tennis court. He noted that the attorney for the MacMillan's has submitted a list of their hardships. One question is whether the construction of this facility may or may not be out of line with this particular sizeable property. Secondly, it may not reach the level of hardships,' however unique, to justify the variances. Because of these questions, staff recommends possibly looking at an ordinance to regulate accessory structures over 1000 s.f. by the use of a conditional use permit. Mr. McNulty explained the proposed landscaping in order to minimize the effect that the difficulty in location of the the recreational facility due to the soils and slopes. Mr. Hasek further explained the careful planning involved in the final proposed location of the facility and their plans for two levels of 12' -16' pine trees to accomplish year around natural screening. Mr. Duncan MacMillan explained that this property has been in their family for over 60 years and has remained basically the same during this period of time and do not plan or desire to change the nature of the property. He stated that the intent of the recreational, facility is strictly for family use noting they have taken great care, including filing a covenant pertaining to the use, to avoid any concerns from the community. There were no comments from the public regarding this matter. Councilmember Goetten questioned the location of the caretaker residence as opposed to being more centrally located. Mr. McNulty stated that proposed location seemed the most logical for maintenance functions and security. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 #1119 MACMILLAN �•a CONTINUED Mayor Grabek alleviate the this is a 13+ expressed concern with restrictions to possibilty of a future subdivision being acre parcel in a 2 acre zone. Assistant Zoning Administrator Gaff ron noted that the applicant's proposed covenant -states if the property were ever sold or subdivided the recreational facility would remain with the main residence, however it does not state that the property would never be subdivided. Mr. Andrews stated he has submitted a proposed covenant to the City Attorney for her review but to date has not received a response. Mayor Grabek stated that he felt the proposal was compatible to this piece of property and that it would not upset the environment and natural state, taking into consideration that this property could be developed into 7 two acre homes sites. City Administrator Bernhardson stated that the nature of the structure may blend very well with this 13.5 acre parcel and with the appropriate screening and private covenants may be an acceptable product. However, the problem lies with any similar application on a 3 -4 acre parcel where the applicant is willing to provide the same type of screening measures with equivalent hardships, the City may be hardpressed to deny a variance. Therefore, staff suggests doing an ordinance amendment which would scale the size of the accessory structure over 1000 s.f. to the size of the property and setbacks etc. Staff recommends this amendment procedure prior to approval of this application, which may delay approval of this application until late June /early July. Mr. McNulty stated that this project would take approximately 5 -6 months and they wanted it ready by winter. Mayor Grabek questioned if there was some way to accomodate the applicant yet protect the City? City Attorney Barrett felt that either the variance would have to be granted or table for the amendment, anything in the interim or temporary would not be appropriate. Mayor Grabek noted that this application started in March and a great deal of work has been involved in finalizing it to the City's satisfaction, which in fairness should not be delayed further. 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 11119 MACMILLAN CONTINUED Councilmember Sime stated for all practical purposes he did not see that the City would be inundated with requests and that this would not be setting a precedent. E Councilmember Callahan agreed with Councilmember Sime regarding the need for such an amendment. City Administrator Bernhardson explained that because of the few applications per year for accessory structures over 1000. s.f., staff still felt it was appropriate to address those in an amendment. It was moved-by Mayor Grabek, seconded by Councilmember Peterson, to approve the variance and conditional use permit as proposed. Motion, Ayes 4, Nays 1. Councilmember Callahan voted nay stating he had difficulty regarding the size and finding a real hardship involved in addition to his concern with the covenant and the future use. #1120 RICHARD RAGATZ 1945 CONCORDIA STREET VARIANCE Richard Ragatz was present for this matter. City Administrator Bernhardson explained the request for a permanent hardcover variance or for a four year period of time which was tabled at the April 27th .Council meeting for additional information from Assistant Zoning Administrator Gaffron who handled this application and was not present at that meeting. Gaffron has since outlined in a memo the facts in this case, of which he stated that the issue of the addition was not part of the original application but was strictly an issue of side setbacks for the garage. Mr. Ragatz' original placement of the garage was to avoid a hardcover issue, however, Planning Commission requested the garage be moved further back which did create a need for a hardcover variance. Assistant Zoning Administrator Gaffron's recommends that a permanent hardcover variance status not be granted, finding no hardships or unusual circumstances and finding that granting such a status would be in keeping neither with past practice nor with zoning code requirements. Mr. Ragatz was present for this matter and stated that he requested to build a new garage in the same location as it exists. The garage on the property is on his lot line. The Planning Commission recommended a more conforming location which created the problem of hardcover for a future addition. He stated that the D MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 #1120 RAGATZ CONTINUED garage is not of interest to him if he cannot put on a room addition later, and that is why he brought up the hardcover and room addition issue at the Planning Commission meeting, in order to avoid a future problem. He .felt Planning Commission led him to believe that their recommendation was valid for an undetermined amount of time. Assistant Zoning Administrator Gaffron stated Planning Commission very likely did give the impression that an indefinite variance was being granted based on the y discussions. Planning Commission member Taylor recollected that in exchange for moving the garage location to maintain some setback, Planning Commission would approve the additional hardcover needed for a future addition. He noted that the length of the variance was not discussed as in most cases because variances have always been valid for only one year. Planning Commission member Johnson agreed with Taylor's recollection, however, he noted that Mr. Ragatz made it very clear the importance of a future addition. Councilmember Goetten stated that variances have always been valid for only one year and unfortunate that Mr. Ragatz may have been lead to believe otherwise. Councilmember Callahan stated that he was present at that Planning Commission meeting and understood why the misunderstanding may have occurred but did not feel Planning Commission actually made a recommendation based on a time frame other than one year. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to deny the request for a permanent variance. Motion, Ayes 5, Nays 0. #1124 JIM AND RUTHANNE LANGE 4160 FOREST LAKE DRIVE VARIANCE RESOLUTION #2169 RuthAnne Lange was present for this matter. City Administrator Bernhardson a lot area variance to build sewered area. Planning recommended approval. 10 explained the request for on a substandard lot in a Commission unanimously MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 #1124 LANGE CONTINUED It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2169 approving the variance per the recommended conditions. Motion, Ayes 4, Nays 0, Abstention 1. Mayor Grabek abstained because he is an abutting property owner of the applicant. #1125 CHARLES B. REID 1400 BALDUR PARR ROAD VARIANCE RESOLUTION #2170 Charles Reid was present for this matter. City Administrator Bernhardson explained the request for a side setback variance and hardcover variance to construct an addition to the existing residence. Planning Commission recommended approval subject to applicant holding his 75 -250' hardcover to no more than 40 %. Applicant has since submitted a revised proposal with a 4' narrower addition, 'removing the sidewalk, and narrowing the driveway to the minimum usable width, ending up with 39.7% hardcover in the 75 -250' zone. Councilmember Goetten commented on the attractiveness of upgrading done in the Baldur Park Road area over the past few years. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2170 approving the variances per the revised plan in accordance with Planning Commission's recommendation. Motion, Ayes 5, Nays 0. #1126 ROBERT GEHRMAN 4300 SIXTH AVENUE NORTH VARIANCE RESOLUTION #2171 Robert Gehrman was present for this matter. City Administrator Bernhardson explained the request for construction of a family room addition requiring a side yard setback variance. Due to the septic drainfield location, County Road 6, and interior floor plan, there is no other possible location for the addition. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2171 granting the variance per staff recommendation. Motion, Ayes 5, Nays 0. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 #1129 TODD WATERS 3061 CASCO POINT ROAD VARIANCE RESOLUTION #2172 City Administrator Bernhardson explained the request for hardcover, average lakeshore setback, deck in 0 -75' setback variances; and to relocate municipal sewer line. Because applicant planned to replace the existing foundation, Planning Commission recommended that the house be moved back to make it more conforming. Mr. & Mrs. Todd Waters were present for this matter. Mr. Waters clarified to staff and Council that they proposed to move the existing house to another location in Mound, and build an entirely new house. He outlined the three issues: 1. Hardcover variance in the 0 -75': the existing house consists of 7.1% hardcover in the 0 -75', proposal consists of 5.5% hardcover in the 0 -75', a reduction of what currently exists. He noted that because of the the downhill slope, if the house were moved back any further, they would lose their view of the lake. 2. Average Lakeshore setback variance which is more restricted because of one of the adjacent houses sits relatively far back from the lakeshore. 3. In order to properly locate the new house they must relocate the sewer line at their expense, and the costs and feasibility of that reloaction are a factor in the proposed house location. Councilmember Goetten felt that variance requests for an existing structure is a different issue than considering variances for a complete new structure, v-here the new structure could conform. Mr. Waters stated that the house was basically custom designed to fit the lot and to take advantage of the best lake views. Mayor Grabek stated that he felt the City was gaining because there will be less encroachment with the new house than what currently exists, and that by rights applicant could re -build on existing foundation. Councilmember Sime concurred with Mayor Grabek. It was moved by Councilmember Sime, seconded by Mayor Grabek, to adopt Resolution #2172 approving the variances as proposed. Motion, Ayes 4, Nays 1. Councilmember Goetten voted nay stating that the new structure could conform with the setbacks. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 #1130 KEN AND RENEE EGGERT* 1371 REST POINT ROAD VARIANCE RESOLUTION #2173 It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2173 granting variances per staff recommendation. Motion, Ayes 5, Nays 0. #1131 GUENTHER NOELTING 1060 TONKAWA ROAD CONDITIONAL USE PERMIT RESOLUTION #2174 Guenther and Gertrud Noelting were present for this matter. City Administrator Bernhardson explained the request for a conditional use permit to construct a permanent platform that is anchored or tied to the adjacent lake bank which consists of excavation within 75 feet of the lakeshore and concrete footing's, of which platform will sustain a temporary dock. Assistant Zoning Administrator Gaffron clarified that this platform will be over the existing rip -rap area. Mrs. Noelting stated that they had two permanent docks destroyed by ice and feel this proposal may solve their problem. City Engineer Cook recommended the use of a silt fence to control erosion during construction. It was moved by Councilmember Callahan, seconded3 by Councilmember Peterson, to adopt Resolution #2174 approving the conditional use permit as proposed subject to supervision by staff. Motion, Ayes 5, Nays 0. #1134 PAUL BASZUCKI 250 WAKEFIELD ROAD CONDITIONAL USE PERMIT RESOLUTION #2175 Mr. Baszucki was not present for this matter. City Administrator Bernhardson explained the request for a conditional use permit to excavate a decorative pond area that is not a designated wetland. The DNR and City Engineer Cook have recommended approval. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2175 approving the conditional use permit. Motion, Ayes 5, Nays 0. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 #1135 ROBERT HANNING JR. 4220 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT Robert and Julie Hanning were present for this matter. City Administrator Bernhardson explained the request for a .conditional use permit for fill along County Road 6 to create a berm for the purpose of noise control. Planning Commission recommended 3 -3 to approve a maximum berm of 6' above the crown of the road with side slopes of 2:1 or f latter (two of the dissenting voters stated they would have no problem with the 11' high berm as proposed). •5 Mr. Hanning explained that this is not a privacy fence but a legitimate sound barrier in which he felt would be aesthetically compatible with the area. He further explained that the traffic on County Road 6 is very heavy and noisy especially-in the morning and evening. He felt that the berm would eliminate approximately 2/3 of the noise. He noted that there are many comparable berms in Orono ranging to 15' in height that were constructed in the past few years. He did not feel that a 6' berm would eliminate the noise because his house is located up on a hill. Regarding the grade, he proposes a 2:1 grade on the house side and would like to reserve the right for a 1:1 grade on the road side. He also noted that none of the neighbors have voiced any objection to his proposal. Councilmember Goetten asked the City Engineer for this opinion regarding a berm for sound control and the recommended height and grade. City Engineer Cook stated that an earth berm would best eliminate the sound, aesthetically a lower berm height would be more pleasing, and he recommended a 3:1 grade in order to properly maintain. City Administrator Bernhardson noted that the berm in the recent Ulrich application was limited to 3 -1/2' above the crown of the road in conjuction to the maximum height a fence could be allowed in that area. Dick Hassel, owner of property to the north, was present and concurred that County Road 6 is very noisy. He does not oppose the plan nor does he feel it would be aesthetically unpleasing. Mr. Hanning was opposed to a 3:1 slope because an 11' high berm would be about 100' wide. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 #1135 HANNING CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Sime, to approve the conditional use permit for a maximum 6' high berm above the crown of the road (which is not to surpass the recommend height of an allowed fence) subject to: 1. Staff and Engineer to determine the slope ratio for proper maintenance. 2. Staff's recommended conditions. 3. Permit obtained by MCWD if necessary for the berm located near the wetland. Mrs. Hanning noted that there is a natural berm down the road from their home that is 8' above the crown of the road. Councilmember Sime stated that he would have concerns with allowing a berm over 6' high. Councilmember Peterson did not feel a 6' high berm would accomplish the needed noise control. Councilmember Goetten felt this was a unique situation and agreed that a 6' high berm would not solve the problem', therefore, this was a reasonable request. Motion, Ayes 2, Nays 3. Councilmembers Peterson, Goetten, and Callahan voted nay. Motion fails. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve a maximum berm of 11' above the crown of the road at a 2:1 slope per staff's recommended conditions. Mayor Grabek stated that there is no documentation that an 11' high berm would accomplish the needed noise control and felt an 11' berm would look like an 11' fence. Councilmember Callahan stated he would be in favor of a 6' berm but would like an expert opinion to be assured that if an 11' berm were permitted it would solve the problem. ,City Engineer Cook noted that an Environmental Engineer could give an expert opinion on the noise control. Motion, Ayes 3, Nays 2. Mayor Grabek and Councilmember Callahan voted nay. Motion passed. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 #1136 DICK HASSEL 840 HUNT FARM ROAD SUBDIVISION CLASS III RESOLUTION #2176 Dick Hassel was present for this matter. City Administrator Bernhardson explained the request for a subdivision replat. The purpose of replat is to redesignate Outlot D, Huntington Farm as a buildable pad within the existing PRD of 9 units. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2176 approving the proposed subdivision replat as proposed. Motion, Ayes 5, Nays 0. #1137 MARC FRITZLER AND DESYL PETERSON 4385 CHIPPEWA LANE VARIANCE RESOLUTION #2177 Applicants were not present for this matter. City Administrator Bernhardson explained the request for variances for major rehabilitation of existing house in additional to partial second story addition, attached garage and porch to rear of house. The house was placed on property prior to RR -lA zoning standards. Planning Commission recommended approval per staff's recommendations. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2177 approving the variances as proposed. Motion, Ayes 5, Nays 0. #1151 ANN FISHER 774 TONKAWA ROAD RENEWAL VARIANCE WAIVER OF REQUIRED PLANNING COMMISSION REVIEW Ann Fisher was not present for this matter. Councilmember Callahan stated he was opposed to waiving the required public hearing before the Planning Commission as a matter of policy. Councilmember Callahan moved to refer this application to the Planning Commission through the normal course of procedure. Mayor Grabek seconded the motion for discussion. 16 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 #1151 FISHER CONTINUED City Administrator Bernhardson explained that originally a side setback and average lakeshore setback variance was granted on July 22, 1985 to construct an addition to the lakeshore side of the house 8 feet with a deck and screened porch attachment. Applicant did not proceed with the construction at that time and has since amended the plans so that the current proposal only involves the 8 feet principal structure addition and grade level deck eliminating the need for the average lakeshore setback. Not realizing that the variance had lapsed, applicant engaged a builder to start construction on June 1st. Because this application is a renewal variance in addition to reducing the scope of the improvement plan, applicant asks Council's consideration by waiving the required public hearing before the Planning Commission. Staff recommends scheduling the application as an information and discussion item at the May 18th Planning Commission meeting for their recommendation and scheduling the required public hearing before the Council at their meeting of May 26, 1987. Planning Commission member Taylor stated that because this particular application is fairly modest in impact it would be acceptable for Planning Commission to review as an information item. Previous motion withdrawn. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve the request of Ann Fisher to waive reference to the Planning Commission per Section 10.08 Subdivision 3(A) for the formal review of her amended renewal variance application and to direct staff to schedule a public hearing before the Council on May 26, 1987 at 7:00 P.M. Motion, Ayes 5, Nays 0. Councilmember Callahan voted aye as the referral required a unanimous vote and while opposed to waiving it did not want to be an obstruction to the process if the majority of the Council was in favor of waiving the requirement. ENGINEER'S REPORT: CRYSTAL BAY SEWER PROJECT - FINAL* TABLED TO JUNE 8, 1987 It was moved by Councilmember Sime, seconded by Councilmember Goetten, to table this matter until the June 8, 1987 Council meeting. Motion, Ayes 5, Nays 0. 17 - a MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 OLD CRYSTAL BAY/WILLOW DRIVE OVERLAY - FINAL* It was moved by' Councilmember Sime, seconded by Councilmember Goetten, to approve final payment to Wm. Mueller & Sons, Inc. for the Old Crystal Bay Road /Willow Drive Overlay project in the amount of $3,952.30. Motion, Ayes 5, Nays 0. MAYOR'S REPORT: ADMINISTRATOR'S EVALUATION AND COMPENSATION It was moved by Mayor Grabek to approve a salary increase for City Administrator Bernhardson of 6% as outlined in his memo dated May 6, 1987. Motion seconded by Councilmember Sime. Discussion followed. Councilmember Peterson stated she felt 6% was excessive considering the 7 -1/2% salary increase given to City Administrator Bernhardson last year, and also considering the fact that all other City employees only received a 3% salary increase this year. She also noted that opinion is based on considerable research done. Mayor Grabek stated that as with any other profession, you get what you pay for and felt this particular discussion should have been brought up prior to this public 'meeting. He stated that in his opinion, the goals and objectives the City Administrator Bernhardson has accomplished in the short time he has been with Orono is remarkable in addition to creating an environment within the City staff that has prevented the loss of other City employees. He noted that his recommendation took into consideration the discussions he had with some of the City employees. Councilmember Peterson stated that she too talked with the department heads, but felt it was being run like a corporation rather than a public servant position. Councilmember Sime stated that he felt the City should be run very much like a corporation. Councilmember Goetten noted that in her discussions with various department heads, they felt the proposed raise increase was fair. She noted that most City employees received a comparable worth salary increase. Councilmember Callahan felt that City Administrator :.... Bernhardson has assisted the City in progressive goals in addition to turning around a situation of deterioration that existed prior to his employment, and therefore merits the salary increase. Motion, Ayes 4, Nays 1. Councilmember Peterson voted nay. W MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 TRANSPORTATION REPORT There was no Transportation report. CITY ADMINISTRATOR'S REPORT: 4545 WAYZATA BOULEVARD - ACCESS* It was moved by Councilmember Sime, seconded by Councilmember Goetten, that the Council table this matter of the access for the property at 4545 Wayzata Blvd. until May 26, 1987. Motion, Ayes 5, Nays 0. WAYZATA INSPECTIONS CONTRACT AMENDMENT City Administrator Bernhardson explained the proposed extension and modification of phasing out the building inspection services between the City of Orono and the City of Wayzata during the next 10 months. Curt Quady, 1223 Brown Road South, was opposed to "farming out" Orono's inspector to the City of Wayzata when his services are needed in Orono. City Administrator Bernhardson explained that the reason Orono entered this contract was two -fold which ultimately benefitted both cities: 1. It allowed Orono's inspectors to obtain the opportunity to get some commercial construction experience which there is little of in Orono. 2. Assisted Wayzata with their inspector who had the training but did not have the practical experience. It was moved by Mayor Grabek, seconded by Councilmember Sime, that the Orono City Council agrees to approve Addendum 1 to the Wayzata /Orono Building Inspections Services Contract dated July 31, 1986. Motion, Ayes 5, Nays-,-b. DESIGNATION OF DIRECTOR & ALTERNATE DIRECTOR TO MPRS* RESOLUTION 12178 It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2178 designating Melvin Kilbo, Police Chief as Director and Mark Bernhardson, City Administrator as Alternate Director to the Minnesota Police Recruitment System Board of Directors. Motion, Ayes 5, Nays 0. CITY FACILITIES SPACE STUDY* TABLED TO MAY 26, 1987 It was moved by Councilmember Sime, seconded by Councilmember Goetten, that the City Council table this matter until the May 26, 1987 Council meeting. Motion, Ayes 5, Nays 0. 19 v 0­ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 BIG ISLAND TOUR - MAY 15, 1987* It was moved by Councilmember Sime, seconded by Councilmember Goetten, that the City Council acknowledge the scheduled date for the Big Island Veteran's Camp Tour as Friday, May 15, 1987 at 5:00 P.M. Motion, Ayes 5, Nays 0. BOARD OF REVIEW - MAY 13, 1987* It was moved by Councilmember Sime, seconded by Councilmember Goetten, that the Council acknowledge the established date for the Board of Review as Wednesday, May 13, 1987. Motion, Ayes 5, Nays 0. OFF SALE LIQUOR LICENSE STEVE CORL /NAVARRE LIQUORS City�Administrator .Bernhardson,stated that the lease has not been finalized as planned, therefore recommends the issuance of license be contingent upon finalization of lease and the other items listed in proposed motion as follows: It was moved by Councilmember Sime, seconded by Mayor Grabek, Orono City Council issues an off -sale liquor license to Navarre Liquors effective 1 June 1987 to 31 December 1987 with issuance of license contingent upon finalization of lease, closing of the sale for the municipal liquor store, and receipt of the appropriate certificate of insurance together with the required bond. Motion, Ayes 5, Nays 0. POLICE /LELS 1987 CONTRACT* It was moved by Councilmember Sime, seconded by Councilmember Goetten, to accept the contract terms as presented for adoption of the 1987 Police Contract. Motion, Ayes 5, Nays 0. 1987 HEALTH INSURANCE CONTRIBUTION* It was moved by Councilmember Sime, seconded by - Councilmember Goetten, the Council authorize the increase of health insurance for 1987 from the initially established amount of $161.00 to $166.00 effective 1 January 1987 for those non -LELS employees with family coverage which represents a $15.00 a month increase over the 1986 contribution. Motion, Ayes 5, Nays 0. CONTROLLED SUBSTANCES ORDINANCE AND SUMMARY ORDINANCE* ORDINANCE NO. 35, SECOND SERIES It-was moved by Councilmember Sime, seconded by Councilmember Goetten, that the Orono City Council adopt Ordinance No. 35, Second Series as an amendment to Section 9 and further authorizes the adoption of Attachment B as a summary ordinance of Ordinance No. 35, Second Series for publication. Motion, Ayes 5, Nays 0. 20 r' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 RESOLUTION OF SYMPATHY FOR THE WINTON BURMASTER FAMILY* RESOLUTION #2179 It was moved by Councilmember Sime, seconded by Councilmember Goetten, that the Council adopt Resolution #2179 extending its sympathy and that of the City's to the family of Winton Burmaster. Motion, Ayes 5, Nays 0. ROBIN MIKELSON - PROPOSED PAY INCREASE* It was moved by Councilmember Sime, seconded by Councilmember Goetten, to approve a salary increase for the Finance Accounting Clerk, Robin Mikelson, from $1,500 per month to $1,625 per month effective April 1, 1987. Motion, Ayes 5, Nays 0. TEMPORARY INCREASE IN HOURS - PART TIME CLERICAL* It was moved by Councilmember Sime, seconded by Councilmember Goetten, that the Council authorizes the increase in hours up to an average 5 hours per week for the time period of 1 June to 31 August 1987 and approve a transfer from the contingency of $500.00 for funding of this increase in hours. Motion, Ayes 5, Nays 0. HAZARDOUS BUILDING - SECURING OF UNSAFE BUILDING* 3645 NORTH SHORE DRIVE RESOLUTION #2180 It was moved by Councilmember Sime, seconded by Councilmember Goetten, that the Council adopt Resolution #2180 initiating hazardous building proceedings on the structure and securing the building against unlawful trespass. Motion, Ayes 5, Nays 0. TEMPORARY EMPLOYMENT - ORONO GOLF COURSE* It was moved by Councilmember Sime, seconded by Councilmember Goetten, to employ John Ross and Jane Delaney as temporary counter, helpers at the Orono Golf Course at an hourly rate of $4.25 per hour effective May 12, 1987. Motion, Ayes 5, Nays 0. ADMINISTRATOR'S INFORMATION - Councilmember Callahan asked City Administrator Bernhardson to comment on the Long Lake Sewer Plant issue. City Administrator Bernhardson explained that a letter was received from Mr. Rollin Lacy complaining about the storage on the sewer plant property by the City of Long Lake, a complaint that is shared by 16 Long Lake and - Orono property owners in the immediate area. Orono staff is attempting to work with the City of Long Lake in the same manner as it would any other property owner on whom it receives a complaint of this nature. Staff is currently researching the legal aspects of the outside storage and it's impact on Orono's storage procedures. 21 •� MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987 ADMINISTRATOR'S INFORMATION CONTINUED - Regarding the 200 Hollander Road issue, Councilmember Callahan recommended that staff continue to aim for a June court date to resolve this matter. Council accepted City Administrator Bernhardson's information report regarding: 200 Hollander Road, Long Lkae Sewer Plant Property, Metro Waste Interceptor, 1929 Fagerness Point, Minnesota Cities Managers Association Conference, and Orono Spring Clean Up. CITY ATTORNEY'S REPORT: City Attorney Barrett request the Council enter into Executive Session at this time. LICENSES* It was moved by Councilmember Sime, seconded by Councilmember Goetten, to approve the following licenses: Residential Kennel License - Wayne & Gayle Carrier, 1276 North Arm Drive Septic System Installer - Don's Backhoe & Exc. Garbage & Refuse Collector's License - Blackowiak & Son East Tonka Sanitation Solicitor's License - Fabian Seafood, Tom Fabian Motion, Ayes 5, Nays 0. BILLS* It was moved by Councilmember Sime, seconded by Councilmember Goetten, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. ADJOURNMENT 11:15 P.M. It was moved Peterson, to a+- 1 1 .1 r, p.M. by Mayor Grabek, seconded by Councilmember adjourn the regular Orono Council meeting Motion, Ayes 5, Nays 0. 22 Jam s R. Grabek, Mayor