HomeMy WebLinkAbout05-26-1987 Council Minutes.a
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
ATTENDANCE 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 Deputy
'Clerk Naab. City Attorney Blatz was also present.
CONSENT AGENDA*
It was moved by Councilmember Sime, seconded by
,Coun.ci'lmember Goetten, to 'approve the Consent Agenda.
Motion, Ayes 5, Nays 0.
APPROVAL OF MINUTES* . •.-
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to approve the Minutes of the May
11, 1987 Council meeting and May 13, 1987 Board of
Review as submitted. Motion, Ayes 5, Nays 0.
PUBLIC HEARING - 7:00 TO 7:03 P.M.
11151 ANN FISHER
774 TONKAWA ROAD
RENEWAL VARIANCE
RESOLUTION42181
Present for this .matter was the applicant, Ann Fisher.
PUBLIC COMMENTS
City Administrator Bernhardson explained this is a
request for renewal variances for both side yard setback
and average lakeshore setback. This variance was
originally granted in 1985. The plan presently proposed
involves only the side yard setback, but staff felt it
appropriate to grant both variances in line with the
..,....previously granted variances.
It was moved by Councilmember Sime, seconded by Mayor
Grabek, to adopt Resolution #2181 granting the renewal
variances per staff and Planning Commission
recommendation. Motion: Ayes 5, nays 0.
There were no comments from the public at this time.
ZONING ADMINISTRATOR'S REPORT:
COMPREHENSIVE PLAN #2- HIGHWAY 12*
TABLED TO JUNE 22, 1987
It was moved
Councilmember
consideration
involving the
meeting of Mon
0.
1
by Councilmember Sime, seconded by
Goetten, to postpone all action and
of ` t-he -'Comp-reh-ensive Plan Amendment
Highway 12 Corridor until the Council
day, June 22, 1987. Motion, Ayes 5, Nays
1
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
90 WARD FERRELL
3405 WATERTOWN ROAD
VARIANCES
CONTINUATION OF REVIEW
Present for this matter were Mr. & Mrs. Ward Ferrell.
City Administrator Bernhardson explained that Mr.
Ferrell owned a parcel of land appoximately 4.19 acres.
which was subdivided into 4 lots in the winter of 1958.
Mr. Ferrell's request, which commenced in April of 1985,
is that he be allowed to build on the 2 remaining
vacant parcels of land. The application was
subsequently brought to Council in April 1986, who
directed staff to draft a denial resolution which was
tabled- twice. At the June.91- .1986 meeting Council moved -
to adopt the denial resolution, the applicant then asked
that it be tabled. Subsequent to that he requested that
it not be considered at the June 23rd, 1986 meeting.
City Administrator Bernhardson stated that is where the
application currently stands. The previous Council had
indicated one of the courses of action was to allow Mr.
Ferrell to amend his request from two additional
building units to one. The second option was to pass
the denial resolution which would prohibit Mr. Ferrell
from bringing up the request for another six months.
Mr. Ferrell stated that his tax statement reads one
property at. 1.22 acres and the other property. at .97.
acres which makes it over two acres for both lots
together. He asked the Council what they consider to be
a hardship.
Mayor Grabek noted that when determining whether a
hardship exists,. the Council evaluates the effect of the
proposed variance on the health, safety and welfare of
the community and the applicant.
Mr. Ferrell notes that the house proposed to be built on
one lot is a 2,000 s.f. house with garage on 40,000 s.f.
of land which will not affect the light. He also noted
that Asst Planning & Zoning Administrator Gaffron stated
that both lots were satisfactory for septic systems. He
feels that the surrounding property values will not
decrease and may in fact increase with a new residence
on the vacant lot.
Mr. Ferrell cited instances in which he believes
building permits were issued on parcels with less than 2
acres of dry buildable land.
-North Brown Road - Oberg residence - septic system
was built "in the water ".
-Bill Mills residence ( just south of Ferrell
property).
-North Brown Road - house built on 1/3 acre and the
rest of the lot is all ditch.
`A
MINUTES OF
90 WARD FERRELL
THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
CONT.
Mr. Ferrell also noted that the assessed value for each
property is at $5,000 and the average vacant lot in
Orono is selling for $29,000, thus if the 2 vacant lots
were combined and sold as one vacant lot at $29,000 it
would be a financial loss to him.
Mayor Grabek stated he would like time to look into the
properties that applicant says are similar cases.
Mrs. Ferrell stated she felt that since the lots were
already - subdivided with past Council's approval, they
should be able to be built on.
t It was moved-.by Mayor Grabek, seconded by Councilmember
Sime, to table this matter until staff has had time
investigate the mentioned lots by the applicant and
bring back the application again at the June 8th, 1987
meeting. Motion: Ayes 5, Nays 0.
#1112 & #1142 SMITH BAY MARINA & YACHT CLUB
1950, 1955, 1960-SHORELINE DRIVE
CONDITIONAL USE PERMIT
COMMERICAL SITE PLAN REVIEW
VARIANCE
Present for this matter were Woody Love, project
planner, and Mr. Toberman, the owner.
•
City Administrator Bernhardson explained that this is a
request which covers three parcels of land. The,
application for 1955 Shoreline Drive involves a
reconfiguration of the current structure, construction
of a new structure, layout of a parking lot which is
recommended to be asphalt with filtering strips to
lessen the concerns for run -off, removal of some of the
current wood platforms from the parcel, and proposed the
new building would be further setback from the lake than
_ the current structure. In addition, the new..structure
would be 25' in height, 2 story with an open deck on
top. Currently the property is zoned B -2, commercial
marina district. The property at 1960 Shoreline Drive,
currently Tonka Transmission property, is zoned
residential which currently exists under a conditional
use permit for a legal non - conforming use and structure.
Proposed is a boat and accessory retail sales to be
.._. leased to a separate operator. Curb cut onto Shoreline
"'" Drive would be- removed making the only °access onto the
property from Spates Avenue. The intent is to clean up
the property plus put some additional parking on the
property which does not currently exist. In part of the
proposal brought to the City, the applicant has proposed
...__to...c.onvertw_.the 1950 _,Shoreline Drive property to a
parking lot. Such a change would necessitate a zoning
amendment as parking lots are not permitted or
conditional use permits allowed in a residential
district. On March 17, 1987, the Council reviewed a
zoning amendment which would have allowed parking lots
in residential districts.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
*Al2 & 1142 SMITH BAY MARINA & YACHT CLUB CONT.
That amendment was tabled at that time. A second
alternative to create parking on this property would be
a rezoning to B -2, marina. Subsequent to those
considerations, however, the owner's purchase agreement
lapsed on the property, and additionally the owner was
apprised of a previous arrangement for overflow parking
at the municipal parking lot.
Mr. Love clarified that their intent was to ask for the
parking area at 1950 Shoreline Drive, however, to make
it economically viable, they would have to be able to
:.:.have.. winter boat storage on the property. He noted
there is adequate parking on the lakeside and especially
if the overflow parking is available at the municipal
lot. He noted on the lakeside there would be 42 stalls
with a fire. lane.around the building with 79 boat slips.
• -•• Landscaping will be kept at a minimum in order to
protect sight distance on County Road 15. 1960
Shoreline Drive will have 8 parking stalls, with storage
for 7 boat displays. The parking area at 1950 Shoreline
Drive would have 27 parking spaces for overflow parking
(2 -3 company vehicles stored there). The boat repairs
are not performed at 1960 Shoreline Drive but are done
right at the boat slips at a marina or private dock.
Mr. Toberman noted that the retail area would be moved
off site from the marina to the current transmission
sight to provide more space for car parking.
Mr.. Love .explained there will be no food service at the
marina, however, there is a kitchenette and gas grills
provided for members and their guests.
Mayor Grabek noted he feels the project is an
improvement both aesthetically and ecologically, but is
concerned about.crossing over County Road 15 and feels
that perhaps signal lights should be installed. Also,
he is concerned about the parking area at 1950 Shoreline
Drive but feels with the right restrictions it would be
an improvement.
Councilmember•-Goetten noted she is opposed to the
parking lot in a residential zone.
Councilmember Sime noted he is also opposed to allowing
the 1950 Shoreline Drive property to be used as a
:parking area or for the storage of boats.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
#1112 °& 1142 SMITH BAY MARINA S YACHT CLUB CONT.
Art Tourangeau, 2060 Spates Avenue, noted that the he is
in favor of the parking lot with certain restrictions on
the plan such as height of trees, and also the summer
hours the lot wi 11 be open.
`1117 WILLARD C.
-125 SPRING HILL
VARIANCE
RESOLUTION
Councilmember Callahan stated he felt the project is an
improvement over what is presently - there, but felt it is
an intensification of commercial use because by making a
unit complex of commercial activities there.
.It was moved by Mayor Grabek, seconded by Councilmember
Sime, to conceptually approve the proposal for the
marina and retail areas and table for the June 8th
meeting action on the issue of 1950 Shoreline Drive
until pending verification of neighbors' feelings of the
parking.lo.t regarding winter boat storage.and to
investigate the feasibility of the walkway across County
Road 15. Motion: Ayes 4, Nays 1. Councilmember
Callahan voted nay because he is opposed to the parking
lot.
Allan Nettles, 1940 Shoreline Drive, and Dan Crear, 1980
Spates Avenue, arrived later in the meeting to express
their opposition to the winter storage of boats on 1950
Shoreline Dri -ve. They both agreed that the summer
parking area was agreeable to them.
SHULL
ROAD
Mr. & Mrs. Willard C. Shull were present for this
matter.
Mr. Shull explained his request for a variance for a
boat ramp to draw the boat up and out of the water to be
stored on his lot. He noted the hardships are the water
conditions on this property and there is a lot of
=wildlife around (including muskrats and beavers who are
known to chew at the housing of boats), also the
..vegetation because of the Woldsfeld Creek flowing into
-Long Lake causing problems with the steering mechanism,
planing control apparatus, and sensing device for the
speedometer. He noted that algae adheres to and eats
into the gelco on a fiberglass boat causing the surface
to be damaged. In addition, mooring at a dock would
.require a more substantial dock because of the unstable_
%lake--bed with potential wave .action pulling up -the dock
and moving the boat. Shull would like to limit
construction of this magnitude on Long Lake because of
the conservation easement.
F-0
' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
11117 WILLARD C. SHULL
Mayor Grabek felt that approving the application would
be setting a precedent and the hardships noted do not
justify this structure. He also noted that if staff
receives complaints or sees any violation of the
ordinances regarding these ramps, they should be handled
in the appropriate manner.
City Administrator Bernhardson stated that these
structures are in violation of the 0 -75' zone hardcover
limit. Also, storage of the boat on land and in the
front yard is also in violation of the zoning code.
Zoning Administrator Mabusth noted that the applicant
has only 30' of lakeshore not included in the
conservation.easement.
Councilmember Goetten asked.the applicant what his
course of action will be if the application is denied.
Mr. Shull stated he will start an application with the
DNR for a permanent dock with dredging. He also noted
that approximately 1/2 of the sand bottom of the lake is
silt.
It was moved by Mayor Grabek, seconded by Councilmember
Sime, to adopt Resolution #2182 denying the variance per
Planning Commission recommendation. Ayes 3, Nays 2.
Councilmembers Goetten and Peterson voted nay.
.119 W. DUNCAN MACMILLAN
1700 FOX STREET
CONDITIONAL USE PERMIT/VARIANCE
Mr. McNulty, representative for the applicants, was
present.
City Administrator Bernhardson explained that at the
last meeting, Council directed staff to draft a
resolution to allow the variance for. the construction of
a sports center with a conditional use permit for the
caretaker residence. The resolution outlined 5
conditions which should be addressed by covenants which
- needed°to be met by the applicant, subject to
satisfaction and acceptance by the City Attorney. One
of the conditions involved setbacks and also left an
unspecified amount of acreage for the Council to deem
appropriate, in order that the primary house and
recreational structure are always preserved as one. Mr.
McNulty, representing the applicant, felt that by
setting the 150' setback --limit on the recreational
Structure and the caretaker's residence from other
properties, that should basically satisfy the issue
without putting in the additional acreage restrictions
(9.5 acres would meet the 150' setback). Applicant
would prefer that the City drop the acreage requirement
as part of the covenant. The 9.5 acres would leave a 4
acre parcel to the north and west, but removing the 9.5
acre restriction would allow a possible 2 acre split
from the southeast corner of the property.
6
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
#1119 W. DUNCAN MACMILLAN CONT.
Councilmembers Sime and Goetten expressed their concern
over the possible subdivision of the property. They
stated that an acreage condition needed to be a part of
the resolution of approval and that their preliminary
support of the application was based in part on that
understanding.
Mr. McNulty noted that the owners have made no attempt
to date to subdivide the property, however, it is in the
2 acre zone and at some future date this may become a
desirable option.
City Administrator Bernhardson noted one minor amendment
in the Resolution, Page 5, Condition #7 should read as
follows: "recording of resolution and the covenants in
the chain of title. "
Councilmember Sime stated he is in favor of staying at
the 13+ acres, and if they want to change it they can
come before the Council at a later date.
Councilmember Callahan noted he also feels they should
stay at the 13 acre minimum. Also, he would like to
amend the Resolution, Page 2, #C by deleting the
following: . "Additionally, the City ordinances would
allow . . . both should be treated similarly."
It was moved by Mayor Grabek, seconded by Councilmember
Sime, to table acceptance of the resolution with the
amended changes to give Mr. McNulty time to review the
minimum acreage and inability to subdivide the property
at a future date with the owners and this item to be
brought back to the June 8th meeting. Motion, Ayes 5,
nays 0.
#1135 ROBERT HANNING, JR.
4220 SIXTH AVENUE NORTH
CONDITIONAL USE PERMIT
RESOLUTION #2183
No one was present for this matter.
City Administrator Bernhardson explained that Council
had directed staff on a 3 -2 vote to draft a resolution
approving the proposed variance for a berm to extend up
to 11' above the crown of the road on private property.
Councilmember Callahan asked staff if the resolution was
worded in such a way as to protect the wetlands adjacent
to the berm.and staff concurred that it did.
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to adopt Resolution #2183 per
staff and Planning Commission recommendation. Motion,
Ayes 4, Nays 1. Mayor Grabek voted nay stating he did
not like the thought of having an 11' berm along 600' of
roadway with a small break for the driveway.
h
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
I RONALD DEMSHAR
2821 CASCO POINT ROAD
'ARIANCE
_.ESOLUTION #2184
Ronald Demshar was present for this matter.
City Administrator Bernhardson explained the request for
an addition of a second story over the main portion of
the house which does have a substandard setback.
Additionally, they will build an attached garage,
enlarge the driveway and also add a deck on the lakeside
of the house. This does require a number of variances
partially 'd'ue to the substandard nature of the house.
The hardcover would increase in the 75 -250` from 52.9%
to 54.4% which staff noted in the memo could be feasibly
reduced within the deck and driveway by at least the 143
s.£.-nece.ssary.to result in no hardcover increase.
Councilmember Callahan noted that if it is feasible to
remove the 143.s.f. of hardcover, he would like to have
that incorporated.
It was moved by Councilmember Callahan, seconded by
Councilmember Goetten, to adopt Resolution #2184 with
the amendment to Condition #1 removing the additional
143 s.f. resulting in no additional hardcover. Motion,
41139 JAMES LEAK Ayes 5, Nays 0.
525 DUNWOODY AVENUE
VARIANCE
RESOLUTION #2185
James Lear was present for this matter.
City Administrator Bernhardson explained the request to
construct an addition to the house and because of the
proximity° of the house to the garage it was decided to
connect these and by that connection, because the garage
was substandard which would require a variance.
..Although the application will result in no net increase
in hardcover, it already is over the allowed 25 %, so
that would also require an approval. Mr. Lear has noted
that the area above the garage, although it will be
sheetrocked and heated, will not be used as living space
by humans.
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to adopt Resolution #2185
approving: the variance per staff and Planning Commission
recommendation. Motion, Ayes 5, Nays 0.
.I
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
#1140 TOM BERTHIAUME /CHERRYL KACHENMEISTER
3035 CASCO POINT ROAD
RIANCE
-SOLUTION #2186
No one was present for this matter.
City Administrator Bernhardson explained this request
was to construct a second story bedroom and bath over an
existing garage and -because of the substandard side yard
setback requires a variance.
It was moved by Councilmember Peterson, seconded by
Councilmember Callahan, to adopt Resolution #2186
approving the variance per staff and Planning
Commission's recommendation. Motion, Ayes 5, Nays 0.
#1141'' XARLTON GEMPLER /MARIA
1955 EAGERNESS POINT ROAD
VARIANCE
RESOLUTION #2187
Karlton
matter.
IVES
Gempler and Maria Ives were present for this
City Administrator Bernhardson explained the applicants
request is to construct a tuck under garage with one
story above it to the back of the house, and also
construct a deck in front of the house which would be at
grade. The current house sits in the 0 -75' zone so this
deck would be construction would be in that zone and
constitute' an increase in hardcover - in that zone. The
Planning Commission was sp'lit'on a 3 -3 vote.-
Mr. Gempler explained that the original proposal was for
a 35' deck but has been reduced to approximately 23'
deck. There is an unforeseen additional 149 s.f. of
hardcover for the front steps raising the hardcover in
the 75 -250' zone from 32.5% to 34.25 %. Mr. Gempler
noted his hardship is that without the deck, the front
lawn. is virtually unusable for part of the year. If the
west facing deck is allowed, the sun will melt the snow
during the winter and it will remain usable throughout
the year.
Councilmember Goetten noted the steep contour of the
property and feels the applicants do need some sort of
deck /stairs coming out of the sliding doors in the
front. She felt this was a reasonable request for the
0 -75' zone.
Councilmember Callahan noted he would like one
additional finding added to the resolution that being
"The addition of the deck in the manner proposed brings
the property in general conformity with the neighbors
properties ".
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
#1141 RARLTON GEMPLER /MARIA IVES CONT.
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to adopt Resolution #2187
granting the variance per staff recommendation with the
amendment of hardcover in the 75 -250' zone from 32.5% to
34.25 %. Motion: Ayes 4, Nays 1. Mayor Grabek voted
nay.
#1132 DOUGLAS BUMGARDNER
3800 WEST WAYZATA BOULEVARD
CONDITIONAL USE PERMIT
RESOLUTION #2188
Douglas Bumgardner was present for this matter.
City Administrator Bernhardson explained the Vie de
France /Summerfield Farms at the corner of County Road 6
and Highway 12 is a legal non - conforming use. A number
of years ago the City undertook to try to control use
the spread of. the. commerical use of the property.
Subsequent to that they adopted a very restrictive use
of that property under Resolution No. 1377. When it
changed hands, the pertinent sections that are noted
tonight were also incorporated in resolution #1646 which
included a prohibition on the delicatessen use and a
mini bakery. Following that in Resolution #1735 which
was approved in March 11, .1985, the owners were approved
the use of a mini bakery and delicatessen. They did
install the mini bakery but not the delicatessen. The
application is three fold, the first is that the current
resolution states that if it wasn't sold to one of a few
parties, it had to come to Council for approval of the
sale; .`and secondly.,. because the delicatessen was not put
in at the time that it was approved, they are requesting
that use be approved; and thirdly, they would like to do
some rearranging within the footprint of the retail
store by changing the furnace thus reducing that needed
area plus rearrangement of the office area and thereby
adding -90 s.f. of retail space. One issue is does the
90 s.f V classify as an intensification of the commercial
use of the property?
Mr. Bumgardner clarified that there will be no change in
actual retail space, as the office area is being
relocated in an area already classified as commercial
floor area that would be equal in area to 90 s.f.
It wa. moved 'by Councilmember Goetten, seconded by
Councilmember Peterson, to adopt Resolution #2188
approving the conditional use permit as proposed
amending the resol,ution•to--ref lect no increase in retail
space proposed. Motion, Ayes 4, Abstention 1. Mayor
Grabek abstained.
10
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
#1127 RICHARD BROWN /RICHARD ERICKSON
1245 -1295 SIXTH AVENUE NORTH
""BDIVISION
'NAL RESOLUTION #2189
No one was present for this matter.
City Administrator Bernhardson explained this
application is a subdivision of a lot line rearrangement
to allow for a tennis court construction to meet the
appropriate setbacks.
Asst Planning & Zoning Administrator Gaffron stated that
.. the catch basin will be moved so as not to affect the
septic system. There will also be a 5' easement on
either side of the new drainti le.
I-t was moved by-Councilmember Sime, seconded by
Councilmember Goetten, to adopt Resolution #2189
approving the final subdivision as proposed. Motion,
Ayes 5, Nays 0.
MAYOR'S REPORT:
PARK COMMISSION CHAIRPERSON APPOINTMENT
It was moved by Mayor Grabek, seconded by Councilmember
Peterson to approve Mr. Robert Kost be appointed as
Chairperson for the Orono Park Commission. Motion:
Ayes 5, Nays 0.
PARK COMMISSION APPOINTMENT
Mayor Grabek stated that he would like the people
contacted that have applied for.•positions in the past to.
see--if anyone is interested in filling the vacant
position.
It was moved by Councilmember Sime, seconded by Mayor
Grabek to table the appointment until all applicants can
be contacted. Motion: Ayes 5, Nays 0.
11
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
CITY ADMINISTRATOR'S REPORT:
43536 LYRIC AVENUE
REVOCATION TEMPORARY CERTIFICATE OF OCCUPANCY
RESOLUTION #2190
Mr. Henke was present for this matter.
City Attorney Blatz explained that in 1982 the previous
property owner had died and the City had started taking
action to have the house condemned. Mr. Henke contacted
the City expressing an interest in buying the property
stating that he would fix it up and had no intention of
making it his permanent home. Mr. Jacobs worked with
Mr. Henke, and given the fact that Mr. Henke was going
to build another home on the property, listed certain
items which had to be done. When Mr. Henke made it
known that he: was going to live in the house
permanently, Mr. Jacobs said that he would have to put
in a foundation as the house is on cinder blocks with no
mortar or cement in between the blocks. Furthermore,
Mr. Henke has not demonstrated that the blocks go down
into the ground as required by the UBC. Mr. Henke
signed a temporary certificate of occupancy agreeing to
comply to those two conditions and had until the end of
July 1983 to comply. Prior to and since July 1983, Mr.
Henke has refused to comply with the agreeded upon
conditions. Subsequent to July 1983, a citation was
issued and a court hearing scheduled. The court hearing
was continued so the City Council could have a hearing _
:on--the matter. Upon review of the matter, the Council
gave Mr. Henke until July 1984, to comply and insisted
that the conditions of footings and roof repair be met.
Since the Council hearing, Mr Henke still has not taken
any action. However, another court hearing was set in
May 1986. Upon deliberation it was the opinion of the
attorney and staff that the remedy needed was not for
Mr. Henke to pay a f ine but rather to remedy the house
conditions as it posses a danger to the community. In
response'• °ta Mr. Henke's assertion that the house is
structurally secure, the City has suggested that Mr.
Henke contract with a structural engineer for an
opinion as to the stability of the house. Mr. Henke has
choosen not to go that route.
In order to move forward, a hearing on this matter was
scheduled for January 31, 1987 before Mr. Campbell, an
Administrative -Law Judge. Based on the hearing and the
record, Mr: Campbell issued an•opinion that the house is
-
-structurally unsafe. Mr. Campbell recommended that the
temporary certificate of occupancy be revoked and Mr.
Henke given a reasonable amount of time to make the
structural repairs.
1 1)
. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
43536 LYRIC AVENUE - REVOCATION TEMPORARY CERTIFICATE OF OCCUPANCY CONT.
Mr. Henke responded to the City Attorney's report by
stating that in 1982 he did purchase the property at
which time he went to the City inspector and was given a
list of corrections to be made. The original list of
improvements to be made did not include the foundation.
Mr. Henke stated that the concrete blocks under the
structure were put there in 1935 and have not settled,
and that there is no erosion taking place under the
building. The house is enclosed by plastic on the
bottom now. He noted that he sees no benefit to the
City to make the structure more permanent than it
currently is.. Finally, Mr. Henke stated that the fact
that the house has existed since 1935, exempts its
condition from the UBC reugirements.
City Attorney Blatz stated that all homes, regardless of
when they: were built, must not present a hazard to the
community. Moreover, Blatz noted that Section 104 of
the UBC applied the provisions of the code to all
altered structures that are made unsafe due to the
alteration. The City maintains that the alterations
made by Mr. Henke added substantial weight to the
already unstable foundation.
It was moved by .Mayor Grabek, seconded by Councilmember
Sime, to adopt Resolution #2190 revocating the temporary
certificate of occupancy for Charles Henke at 3536 Lyric
Avenue. Motion, Ayes 5, Nays 0.
.336 LYRIC AVENUE
HAZARDOUS BUILDINGS PROCEEDINGS
RESOLUTION #2191
It was moved by Mayor Grabek, seconded by Councilmember
Sime, to adopt Resolution #2191 commencing with
hazardous buildings proceedings for property at 3536
Lyric Avenue based on the evidence regarding the
unstable condition of his house brought forward at the
hearing on Mr. Henke's temporary certificate of
occupancy. Motion, Ayes 5, Nays 0.
13
y,
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
875 - WAYZATA BOULEVARD - REQUEST FOR WATER CONNECTION
City Administrator Bernhardson explained the reason the
Cici's are requesting municipal water is they discovered
their proposed day care facility will have to be
sprinkled for fire protection which would involve
drilling two wells and because of the size of one would
be very costly. He noted that municipal hookup, if
approved, would only be for the day care center and not
for the surrounding property should it be subdivided.
To date Long Lake has not determined the hookup charge
and the City staff will be working with them on this
charge.
It was moved by Councilmember Sime, seconded by Mayor
Grabek, to approve the request for municipal water
connection to be handled separately from the
comprehensive plan amendment. Motion, Ayes 5, Nays.0.
CITY FACILITIES SPACE STUDY*
TABLED TO JUNE 22, 1987
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, that the City Council table this
matter until the June 22, 1987 Council meeting. Motion,
Ayes 5, Nays 0.
BUDGET EDUCATION MEETING
It was. moved by Mayor Grabek, seconded by Councilmember
Peterson, to setting the meeting date for this matter
for July 7, 1987. Motion, Ayes 5, Nays 0.
- -4NUAL FIRE .ARMS PERMIT
ORDINANCE.3.6, SECOND SERIES
City Administrator Bernhardson explained this is an
ordinance to extend the fire arms permit from 15 days to
120 days, which is the approximate time frame for a
growing season and the basic time in which there is a
problem with wildlife. This would also extend the bow
and arrow permit to 120 days.
Councilmember Goetten stated her concerns as follows:
This is almost a 4 month change, should be less of
an extention; does not necessarily feel that killing
these animals is the only way to control them; feels the
community service officer could handle many of the
nuisances and is concerned for the safety of the Orono
residents.
It was moved by Councilmember Sime, seconded by Mayor
Grabek, to adopt Ordinance No. 36, Second Series amended
t'b"extend• the length of the permit to 120 days at- the
discretion of the Chief of Police. Motion, Ayes 3, Nays
2. Councilmembers Goetten and Peterson voted nay.
Councilmember Goetten stated she would like staff to
investigate the possibility of limiting the fire arms
permits to certain zones within the City limits.
14
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
AUTHORITY OF HIRE TEMPORARY'-EMPLOYMENT
"OLICE DEPARTMENT
It was moved by Mayor Grabek, seconded by Councilmember
Sime, to authorize the employment of Jean Hoogenakker at
$6.00 per hour effective 27 May 1987 to work no more
than 140 hours in a period whose term ends 15 September
1987. Motion, Ayes 5, Nays 0.
4545 WAYZATA BOULEVARD*
TABLE TO JUNE 22, 1987
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to table this matter until the
June 22, 1987 meeting.
Motion, Ayes 5, Nays 0.
REJECT BIDS FOR UTILITY TRACTOR*
It!iVas moved by Councilmember Sime, seconded by
Councilmember Goetten, that the City Council reject all
bids for utility tractor and that staff be directed to
rebid for the item that is a 1987 Budget item. Motion,
Ayes 5, Nays 0.
AUTHORITY TO HIRE
PATROL OFFICER*
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, that the City Council authorize
the City Administrator to hire Michael Murphy upon the
successful completion of the required physical and
phychological tests effective 15 June 1987 to be
confirmed at a subsequent meeting. As an alternative
authority is granted to'employ Mr. Fischenich subject to
the same conditions:- Motion, Ayes 5, Nays 0.
ORONO/WAYZATA FIRE CONSTRACT EXTENSION*
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, that the Orono City Council
approve extension of the Wayzata fire service contract
for 1987, in th6 amount of $4,300. Motion, Ayes 5, Nays
0.
ADMINISTRATOR'S INFORMATION
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, that the Orono City Council
approve the City Administrator's information report
regarding: County Road 116, MCWD meeting 5/28/87,
Municipal liquor store sale, 3965 Sixth Avenue North,
200 Hollander Road, City Manager's spring conference,
. ......• MnDot Highway 12 meeting.. Motion, Ayes 5, . Nays 0.
CITY ATTORNEY'S REPORT:
City Attorney Blatz requested the Council enter into
Executive Session at this time.
15
M, r
I
" MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987
LICENSES*
BILLS*
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to approve the following
licenses:
Septic System Installer -
Quality Sewer & Water
Coppin Plumbing
Garbage & Refuse Collector's License -
R & W Sanitation, Inc.
Solicitor's License -
Blue Bell Ice Cream, Inc.
Special Event and One Day Set Up Permit
Restart, Inc.
Cigarette License -
Navarre Liquors, Inc.
Motion, Ayes 5, Nays 0.
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to approve payment of the All
Funds Accounts. Motion, Ayes 5, Nays 0.
ADJOURNMENT 10:43 P.M.
It was moved
Peterson, to
by Mayor Grabek, seconded by Councilmember
adjourn the regular Orono Council meeting
Motion, Ayes 5, Nays 0.
16
Jame R. Gra-bYb, Mayor