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HomeMy WebLinkAbout07-13-1987 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 ATTENDANCE 7:00 P.M. The Orono Council met on the above date with the following members present: Mayor Grabek, Councilmembers Sime, Peterson, Callahan, and Goetten. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Police Chief Kilbo, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. Also present were City Attorney Blatz and�City Engineer Cook. CONSENT AGENDA* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Consent Agenda* subject to removal of the following items: #33 -Linda Freeman, 3415 Eastlake Street - requested by Councilmember Callahan #35 -Golf Course Garage - requested by Mayor Grabek #37 -571 North Brown Road - Hazardous Building - requested by Councilmember Peterson Motion, Ayes 5, Nays 0. PRESENTATION /RECOGNITION - WILLIAM 'BILL' CARLSON Mayor Grabek presented to Bill Carlson Orono Resolution No. 2209 adopted June 22, 1987 in recognition of his 20 years and five months service to the City of Orono as Light Equipment Operator, Utility Mechanic, and Utility Foreman. OATH OF OFFICE - OFFICER DAN FISCHENICH City Administrator Bernhardson introduced Officer Dan Fischenich. Officer Fischenich started as a Noble County Sheriff jailor, followed by serving on the Lakefield Police Dept. for 2 years and the LeSueur Police Dept. for 7 years before coming to the Orono Police Dept. City Administrator Bernhardson administered the Oath of Office to Officer Dan Fischenich. Mayor Grabek noted that within this meeting Council packet there were several letters relating to the Orono Police Department's outstanding service during the past few months. He encouraged the press to publish some positive recognition to the Orono Police Dept. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 EXTENSION OF COUNTY ROAD 116 - PUBLIC HEARING 7:08 -8:07 Mayor Grabek explained the purpose of the public hearing to consider the request made to Hennepin County by the City of Medina to extend County Road 116 south from the Orono /Medina border on Willow Drive to Highway 12 in the City of Orono. City Recorder Peterson noted the affidavit of publication. City Administrator Bernhardson introduced Commissioner Budd Robb of Hennepin County for this area; Vern Genzlinger of Hennepin County; Ted Hoffman, Hennepin County Engineer; and Acting Mayor Scherer of the City of Medina. City Administrator Bernhardson explained that for several years the City of Medina has been looking for a route that generally runs north and south through the center of the community. Recently Hennepin County indicated that since it was their policy that County roads extend from one State highway to another, they would consider an extension from Hwy. 55 to Hwy. 12. The obvious advantage to the City of Medina would be the north /south route to be,constructed with money other than local tax money. Medina, unlike Orono, does not receive Municipal State Aid funds because they are under the 5,000 population limit. Issues for the City of Orono to consider are better intersection control at Willow Drive - County Road 6 (4 -way stop sign) and Willow Drive - Hwy. 12 (traffic signal light). Items of concern include the traffic speed limit increase and widening the road in relation to properties on the north side of County Rd. 6. The County indicated that in regard to the signal issue, they cannot make any committment to traffic control improvements pending meeting the required warrants. Ted Hoffman reported that in 1976 Hennepin County undertook a study of their overall transporation system. This study recognized the need for another north /south route between Hwy. 101 and County Rd. 19 that would extend from Hwy.12 to Hwy 55. The proposed route at issue is referred to as the Willow Drive alignment which is consistent with Hennepin County's plans, and consistent with the plans of the Met Council, City of Medina, and Orono's 1980 Comprehensive Management Plan. He reviewed the steps involved to undergo this project as follow: 1. Approval of the route alignment by the communities involved. (The City of Medina Council approved the plan on May 19, 1987.) 0 r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 COUNTY ROAD 116 CONTINUED 2. Approval by the County Board of the route designation. 3. Approval of the screening committee comprised of state -wide representatives to get the proposed route on the county -state aid highway system. 4. County Board to approve the project in the 5 -year capital improvement program. 5. Staff to design the project. 6. Approval by both community Council's of the final detail plans. He reviewed the proposed alignment which would consist of two 12' lanes with 8' shoulders on an 80' right -of- way. He noted the concern with the impact to residents north of County Road 6. To solve this problem, an urban section could be considered that would involve different types of bituminous or concrete curb and gutter. The proposed traffic control at County Rd. 6- County 116 would be a stop condition on Cty. 116 and a non -stop condition on County Rd. 6. The proposed traffic control at Hwy. 12- County 116 would be a stop condition for County 116, however, they would recommend installation of the undergound conduit for a future signal system that is anticipated as coming sometime in the future. In response to Mayor Grabek's question, Mr. Hoffman stated that a signals system is not a proposed expenditure at this time because they are unsure that the intersection meets the required warrants based on traffic volume criteria that would allow them to install such signal. Acting Mayor Scherer reviewed the reasons for approving the proposed County 116 extension as noted in their letter dated July 13, 1987 submitted to the Council. Polly McCrea, spokesperson for the Medina residents opposed to the extension of County 116 reviewed their reasons for opposition as noted in their letter and petition containing 352 signatures of Medina residents. She noted that County 116 would not benefit the Medina residents and would bring undesirable economic consequences, more conjestion and pollution, increased car and truck traffic and noise, and hazardous conditions for bikers, joggers, and walkers. They urged the Orono Council to say no to this intrusion into the area. She noted that the action taken by the Medina City Council in approving the extension of County 116 did not represent the views of a large number of Medina residents. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 COUNTY ROAD 116 CONTINUED Acting Mayor Scherer noted that the Medina population is approximately 3,000, with approximately 1,607 registered voters. The Medina Council voted 4 -1 to approve the extension, noting that the one disenting vote preferred and alternative north /south route in which Medina would have to pay the cost. Gene Hite, 2475 Countryside Drive, contested the City of Medina's viewpoint on the necessity of the extension, and further felt that the extension would impact Willow Drive south of Hwy. 12 feeling the traffic would continue south on Willow rather than turning east /west on Hwy. 12. He submitted petitions signed by 99 Orono residents mainly on Abingdon Way, Countryside Drive, Woodhaven Drive, Dickey Lake Drive, Devin Lane, Longview Circle, Willow Drive, North Brown Road, and Salem Court opposing the proposed County 116 extension. Bruce Kelley, 2340 Fox Street, felt it was a misconception that the extension will generate traffic whereas the increased population generates its own traffic. He also noted that the extension would serve northbound traffic as well as southbound traffic and that it is a much needed road. Gary Roderick, 770 Dickey Lake Road, did not feel the local residents needed a road extension of this magnitude. Phil Miller, 2435 Countryside Drive, felt that the first necessity is a stop signal at Willow Drive and Hwy. 12 where an extremely serious problem exists. Bill Wear, 36 Hackberry Hill, felt a north /south access has been long needed in addition to proper signals installed. Steve Helland, 1920 Beach Lane, Minnetonka Beach, explained that his two children were recently involved in a personal injury accident at the intersection of Willow Drive and Hwy. 12 and desperately urged the installation of a stop signal at this intersection as a more important need at this time than a north /south access. Jim Long, Willow Drive North, felt that the proposed extension to County 116 had the following disadvantages: - traffic and speed volume would increase, noting the existing speed on Willow is intolerable - decrease in property values -found no advantage to Orono, only advantageous to the northern communities 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 COUNTY ROAD 116 CONTINUED He felt that the only advantage was the possibility of getting a stop signal at Willow & 12, feeling there are better alternatives to getting the stop light than increasing the traffic volume. Mary Fettig, 960 Willow Drive North, stated that there are north /south access alternatives, noting they are the rural alternatives that the residents prefer. She did not feel the traffic level warranting another north /south access was present. Debbie Lewis, 2355 Abingdon Way, felt that the extension would generate more traffic into Orono residential areas rather than east /west on Hwy. 12 where east /west accesses already exist. Mayor Grabek questioned Acting Mayor Scherer where the City of Medina anticipated the destinations of the traffic requiring the need for the extension. Acting Mayor Scherer felt the major need was for going to and from work north and south. A Willow Drive resident noted that when Willow Drive was upgraded traffic increased. Jim Dillman, 225 Willow Drive, noted that many voiced concern with ruining the rural development, whereas all the new developments have ruined the rural atmosphere for him. Ron Rogers, 225 Medina Road, felt that Medina residents needed some decent major north /south access road. He noted that gravel roads are costly to maintain, that a blacktop road would not ruin the rural atmosphere. He also noted that the City of Medina needs the County's help to put an access road in because of the funding problems. Dick Ziminski, 1095 Brown Road North, felt that the extension would generate traffic from northbound weekend travelers. Martha VanDeVen, 1765 Medina Road, noted that Medina has a plan to pave their own road to eliminate the "dirt" roads and would eliminate the need for an access road. There were no other comments from the public and the public hearing was closed. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 COUNTY ROAD 116 CONTINUED Councilmember Goetten asked about the status of installation of a stoplight at Willow Drive & Hwy. 12, feeling it was an important need to be addressed. City Administrator Bernhardson stated that staff will continue to work on the stop light issue independently regardless of the outcome of the County 116 issue. Ted Hoffman stated that the stop light was a State matter of which he understands that the intersection is a long way from warranting the need for a light at this time. Based on this, City Administrator Bernhardson stated that staff will review the requirements needed to warrant a stop signal, where they stand in regard to those requirements and the funding; and then what alternatives they have to possibly getting the lights in through other means. Acting Mayor Scherer stated that the City of Medina would assist Orono and Long Lake in any way possible to acquiring the stop signal, which is also of concern to them. In response to Councilmember Peterson's question, Acting Mayor Scherer stated Medina will not proceed to pave County 116 on their own if Orono votes against the County 116 extension. Councilmember Callahan felt that the proposed extension seemed contrary to the comprehensive plan amendment. He noted that there are long range problems to consider, and would like to give the matter more thought. Councilmember Sime felt the prime reason to upgrading the road is because the, County will pay for it, noting that the residents ultimately pay the County. He would like to see more recent traffic statistics. Councilmember Goetten stated she would like to remain open and review the matter further in conjunction with Orono's plan for Hwy. 12. Mayor Grabek found no concrete information from Medina to support the proposal, other than basing it on a need in a 10 year old County traffic study. He felt the stop light was a major issue and concern. N. I MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 COUNTY ROAD 116 CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Sime, to direct staff to relay Council's concerns to the City of Medina and Hennepin County and table this matter pending more information to consider the proposed County 116 extension. Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Minutes of the June 22, 1987 Council meeting as submitted. Motion, Ayes 5, Nays 0. PARK COMMISSION COMMENTS Chairperson Robert Kost was present for this matter. - LIVINGSTON TOWER PARK PLAN Chairperson Kost reviewed the background of the Livingston Tower Park (previously designated at the Navarre Tot -Lot). He explained that based on the 1986 park tour and maintenance survey, the Park Commission identified the Livingston Tower Park as a park which was both underused and in need of attention, therefore the Park Commission has developed a landscape plan which would utilize the existing benches, diminish the effects of the nearby water tower and incorporate plantings that were available in the City nursery. As a focal point, the plan suggests placing a small piece of sculpture in front of a backdrop of evergreen trees. The Park Commission recommends using the recent Lions Club donation for public beautification for this purpose and has also contacted the Minnesota Art Center on this matter. Proposed improvements without the sculpture would cost approximately $5,000 to be paid out of the park dedication fund. Councilmember Sime asked if the park fund was precluded from the downtown Navarre redevelopment plan. Staff advised Councilmember Sime that the fund was for park use only. Chairperson Kost noted that during the spring tour, the Park Commission came up with a variety of improvements for other parks to be presented in the future. Councilmember Sime felt the Park Commission has done an excellent job with the parks, specifically Summit Park on Long Lake. It was moved by Councilmember Sime, seconded by Councilmember Goetten, that Council conceptually approve the Livingston Tower Park Improvement plan as presented. Motion, Ayes 5, Nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13. 1987 - PIIBLIC INFORMATION MEETING* ON HACKBERRY PARK SKATING RINK It was moved by Councilmember Sime, seconded by Councilmember Peterson, to schedule a public information meeting for the Hackberry Skating Rink to be held on July 27, 1987 at 7:00 P.M. Motion, Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS Planning Commissioner Johnson had no comments at this time. PIIBLIC COMMENTS City Administrator Bernhardson introduced the matter in which Mr. William Wear was present to discuss with the Council. He explained that Mr. Wear submitted a letter to the Council dated July 7, 1987 regarding a gasoline leakage onto his commercial property at 2160 W. Wayzata Blvd. The purpose of Mr. Wear's letter is two -fold: 1)to put the Cities of Long Lake and Orono on notice regarding the problem which was first noticed on April 1, 1987; and 2) to possibly look to the cities support in applying for "superfund" money should it become an issue in the future. Mr. Wear stated there is a real problem in that the gasoline is seeping onto his property and he has not been able to remove it. He has contacted the PCA and has had no response or assistance. As noted in his letter, his gasoline tanks have been tested and found to be sound and not leaking. He feels the leakage is coming from southwesterly of his property. He stated the gasoline is running downhill and will ultimately pass through his property and end up in the lake. He also noted that there are four 55 gallon drums marked "Hazardous Waste" on his property that are apparently from the initial April lst incident, which he has been advised to remove and does not feel is his responsibility. City Administrator Benrhardson stated that staff has also been inquiring into the P_ CA status with no update as yet. Mayor Grabek and Council directed staff to assist Mr. Wear in this matter to the best of the City's ability as soon as possible; and further recommended use of the public media to assist. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 ZONING ADMINISTRATOR'S REPORT: #842 BOB ZIMMERMAN* 3415 CRYSTAL BAY ROAD REQUEST FOR MINOR VARIANCE REVISION It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the addition of 25 s.f. of patio hardcover in exchange for removal of 25 s.f. of driveway hardcover in the 75 -250' zone, resulting in no net increase above the 28.5% hardcover level approved in Resolution #1932 on February 24, 1986. Motion, Ayes 5, Nays 0. #1122 BIG ISLAND VETERAN'S CAMP BOARD OF GOVERNORS CONDITIONAL USE PERMIT RESOLUTION Present for this matter were Jim Lund, Stuart Gorney, Larry Sharpe, Donald Miller, Alan Wisdorf, Joe Backes, Ed Morrow, Leonard Carlton, and Rolf Olson. City Administrator Bernhardson reviewed the Boards request for a staged rehabilitation with simultaneous public use. Staff met with the Board two times in June in order to review the specific required structural repairs• of existing structures and resolve of the structures to be rezed. Alan Wisdorf asked the Council to disregard a letter from James Lund dated July 10, 1987 stating that it was inadvertently sent to the Council prior to the Board of Governors review and approval. He again requested a delay in the passing of the condemnation resolutions pending the designated task force inspection and opinion. Council expressed to the Board the fact that time is of the essence. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table this matter until further notification from the Board of Governors. Motion, Ayes 5, Nays 0. #1128 RAINEY ANDERSON* 780 OLD CRYSTAL BAY ROAD PRELIMINARY SUBDIVISION REFERRAL BACK TO PLANNING COMMISSION It was moved by Councilmember Sime, seconded by Councilmember Peterson, to refer subdivision application #1128, Rainey Anderson, to the Planning Commission for review of the proposed revisions at their July 20, 1987 meeting. Motion, Ayes 5, Nays 0. �i r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 #1133 BETTY MINER 3830 AND 3860 BAYSIDE ROAD SUBDIVISION OF A LOT LINE REARRANGEMENT - CLASS I RESOLUTION #2211 Betty Miner and agent, Larry Langhans, were present for this matter. City Administrator Bernhardson explained the proposed lot line rearrangement and staff's recommendation of approval finding that the division and combination will result in an improved building envelope noting that all existing improvements and structures are located within the newly defined lot. It was moved by Councilmember Goetten, seconded by Councilmember Sime, to adopt Resolution #2211 approving the subdivision of a lot line rearrangement per staff recommendation. Motion, Ayes 5, Nays 0. #1143 DONALD WILDMAN 745 SPRING HILL ROAD CONDITIONAL USE PERMIT RESOLUTION #2212 City Administrator Bernhardson explained the request for a conditional use permit for a detached combination guest house and 4 -stall garage; and variance for accessory structure f loor area in excess of 1,000 s.f. Planning Commission, after several unsuccessful motions, finally voted 4 -2 to deny the application in order to pass the application on to the Council. Staff recommends approval as proposed finding hardships, as stated in the drafted resolution of approval, to be adequate in this case to justify the variances. Don & Nina Wildman were present for this matter and agreed with staff's drafted resolution of approval. Councilmember Callahan asked the opinion of the City Attorney regarding hardship standards in relation to granting conditional use permits and variances. City Attorney Blatz explained that a conditional use is something that is set forth in the code that says you can have this use but you have to meet certain conditions. A permitted use carries the presumption that the person has a right to that and the City would have an unbelievable burden to prove that they really did not meet that fact. There is nothing in the code under conditional uses or permitted uses that would allow this size of a structure without asking for a variance. When variances are involved, at this point a hardship is required. This is a legislative decision, it's whether or not the Council finds hardship exists. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 11143 WILDMAN CONTINUED Hardship defined in the statute and then adopted by Orono's code needs to be "peculiar to the land, economic considerations alone do not justify a variance, and that the person would be deprived reasonable use of the property ". If a hardship is found, it should be defined in the resolution so that the next person that comes in, who may not have that hardship, may not by law and precedent, have a right to the same variance, unless they too have a similar or different hardship. Councilmember Peterson noted that the applicants verified at the Planning Commission meeting that they had no intention of subdividing their property. She also questioned the difference of this application versus the recent MacMillan application which was approved. Councilmember Goetten felt there was a difference in that the MacMillan tennis court was a permitted use under the code. Mrs. Wildman noted the need for a 4 -stall garage to accomodate the caretaker's vehicle and equipment to maintain their sizeable property. It was noted by Councilmember Peterson and Assistant Zoning Administrator Gaffron that the applicant could, as an alternative, have many accessory structures under 1,000 s.f. on this size property, therefore, felt the request was justified for a 24 acre property. Mr. Wildman noted that there currently is a restrictive covenant on the property that precludes them from subdividing off more than one addtional lot in the next 20 years. Councilmember Sime found no justifiable problem in approving the request. In response to Councilmember Goetten's question, Mr. Wildman stated that they do not plan on bringing in any fill. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2122 approving the conditional use permit and variances per staff recommendation. Motion, Ayes 5, Nays 0. -11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 #1144 J. WILLIAM CRAGG* 735 NORTH FERNDALE ROAD FINAL PLAT APPROVAL RESOLUTION #2213 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2213 approving the final plat of "Janet Acres ". Motion, Ayes 5, Nays 0. # #1149 SCOTT VICRERMAN* 2500 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT - LAND ALTERATION RESOLUTION #2214 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2214 approving the renewal conditional use permit to permit the excavation of a decorative /wildlife pond per staff recommendation.' Motion, Ayes 5, Nays 0. #1153 RICHARD ERICRSON /JULIE CORTY 1295 SIXTH AVENUE NORTH VARIANCES RESOLUTION #2215 Richard Erickson and Architect Herb Baldwin were present for this matter. City Administrator Bernhardson explained the request for hardcover /structure variances to construct a lakeshore stairway. Hardcover variances would be 4.5% in the 0- 75' and an increase of .4% in the 75 -250'. Mr. Baldwin - described the construction,of the stairway consisting of ties at grade level with a soft walking material. Mayor Grabek voiced concern with the impact of structure aesthetics. Mr. Baldwin stated that the stairway drawings are misleading noting that the stairway will be aesthetically screened by the heavy vegetation, and that the vegetation will be further enhanced after construction to maintain the wooded screening effect. He also noted a discrepancy in staff's drafted resolution and Planning Commission's recommendation in that Planning Commission approved a midway resting bench needed to rest. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2215 approving the variance per staff recommendation subject to: a) allow additional 2' for a midway resting bench b) final landscape plan verified by staff Motion, Ayes 5, Nays 0. 12 . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 11154 PAUL VITRO 80 CYGNET PLACE CONDITIONAL USE PERMIT RESOLUTION 12216 City Administrator Bernhardson explained the request to bring in 450 cubic yards of dirt to fill a 20' x 60' x 6' deep "trout pond" that was excavated in 1972. He noted the survey indicates that the neighbor's pond overflow can be graded to drain across the 10' easement at the applicant's rear ,lot line and will then flow over the park lot to the creek, creating no impact on neighboring property to the east. Public Works Coordinator Gerhardson has granted approval for trucks to access via Cygnet Park subject to conditions listed. Mr. Vitko was present and was agreeable with staff recommendation /resolution. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2216 approving the conditional use permit per staff recommendation. Motion, Ayes 5, Nays 0. #1155/ #1156 L1OYD DRAPER 3955 WEBB STREET /1929 EAGERNESS POINT ROAD VARIANCES RESOLUTION It was moved by Mayor Grabek, seconded by Sime, to table this matter per applicant's the July 27, 1987 Council meeting. Motion, 0. #1157 WALTER F. KRAKE, JR. 1380 REST POINT ROAD VARIANCE RESOLUTION #2217 Councilmember request until Ayes 5, Nays City Administrator Bernhardson explained the request to construct an addition consisting of two -car garage and a family & laundry room. The proposed addition will increase the 75 -250' hardcover from 32.6% to 38.8 %. The proposal also requires a minor average lakeshore and street setback variance. Walter and Vaughn De Lea Krake were present for this matter. Assistant Zoning Administrator Gaffron noted that applicant has removed as much hardcover as can be removed and that the plan has been reduced substantially from the original proposal. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 #1157 BRAKE CONTINUED Councilmember Callahan questioned staff's recommendation for approval because it is "consistent" with previous approvals on lakeshore properties. Mayor Grabek agreed with Councilmember Callahan feeling that the terminology ( "consistent ") used by staff may place the City in a bad position with future applications. Assistant Zoning Administrator Gaffron explained the reason behind the statement was to stress to the Council that the hardship reasonings have been consistent. City Attorney Blatz explained the need to be consistent with similar hardships. Councilmember Callahan questioned staff recommendation of approval when the memo states that the applicants have demonstrated no hardship to justify the variance, but the variance would be consistent with previous variance approvals. Assistant Zoning Administrator Gaffron explained that in reviewing the history of hardships used in approved variances, that this may be a long standing problem with the City's policies, and in fact may not be as much a hardship as the statute mandates. It was moved by Sime, to adopt plan per staff Councilmember satisfied with #1159 FRANKLIN GROVES JR. 215 HOLLANDER ROAD CONDITIONAL USE PERMIT RESOLUTION #2218 Mayor Grabek, seconded by Councilmember Resolution #2217 approving the revised recommendation. Motion, Ayes 4, Nays 1. Callahan voted nay stating he was not the drafted resolution. City Administrator Bernhardson explained the request for a conditional use permit for regrading yard area - importation of 500 -1,000 cubic yards of fill. City Engineer Cook has reviewed and approved the grading plan feeling it would have minimal effect on the drainage in the area. Present representing Mr. Groves was his accountant. He stated Mr. Groves has reviewed and approved staff's resolution. 14 MINUTES OF THE REGULAR ORONO COUNCIL MELTING HELD JULY 13, 1987 #1159 GROVES CONTINUED It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2218 granting the conditional use permit per staff recommendation. Motion, Ayes 5, Nays 0. #1160 WILLARD BURY 2695 CASCO POINT ROAD VARIANCE RESOLUTION City Administrator Bernhardson reviewed the history of the property. To summarize the current request, applicant's property has been allowed as much as 32.4% hardcover in the 75 -250' zone. Applicant agreed to install a "strip" driveway (2 -24" wide tracks) in order to meet the hardcover requirements. Applicant is now requesting not to have to construct the tracks, but leave the existing driveway as -is in order to make a steep driveway safer. Planning Commission recommended approval of the full driveway subject to a 75 -250' hardcover reduction to the 32.4% level. Assistant Zoning Administrator Gaffron reviewed the three alternatives submitted by the applicant to reduce the 75 -250' hardcover to: Alternative #1 = 35.1 %; Alternative #2 = 34.0 %; Alternative #3 = 32.4 %. Staff feels that Alternative #3 may create a problem with parking and driveway safety; and that Alternative #1 does not seem to be much of a concession. Staff feels relatively comfortable with Alternative #2. Willard Bury was present for this matter. He stated he prefers Alternative #1, however, because he owns two small cars, he could live with Alternative #2. He noted that he has sold the home contingent upon resolving this issue. Councilmember Goetten noted that fact that the driveway was very narrow. Councilmember Sime suggested eliminating the natural vegetation that is obstructing the driveway at Casco Point Road which is a real hazard. Mr. Bury stated he has, to a certain point, tried to trim back the vegetation. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 #1160 BURY CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Callahan, to deny the variance on the basis that the property has been sold and the City should deal with the new owners' preference. Motion, Ayes 2, Nays 3. Motion fails. Councilmembers Goetten, Sime, and Peterson voted nay recommending tabling the matter, rather than denial, and give the new owner the opportunity to appear before the Council. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to table the application until the July 27th meeting to give the new owner the opportunity to be present for discussion. Motion, Ayes 4, Nays 1. Mayor Grabek voted nay. #1161 / #1162 RANDY WEESTRAND 525 ORCHARD PARR ROAD VARIANCE /CONDITIONAL USE PERMIT RESOLUTION City Administrator Bernhardson explained the request for a lot area variance, rear setback variance, variance for number of horses, and conditional use permit for driveway crossing of designated wetland to build a new house. Planning Commission voted 3 -3 to recommend approval of the lot area variance and variance for number of horses, denying the rear setback variance of 67' where 100' is required. Planning Commission recommended 5 -1 approval of the driveway conditional use permit subject to redefining the wetland per City engineer recommendation. Assistant Zoning Administrator Gaffron submitted, at this meeting, staff's drafted resolution reflecting Planning Commission's recommendation. Because the Council and applicant did not have the opportunity to review the drafted resolution prior to the meeting, City Administrator Bernhardson recommended that the Council, if so inclined, "conceptually" approve the application for final approval at the July 27th meeting. Assistant Zoning Administrator Gaffron explained in detail the request. Regarding the common ownership issue, staff feels that even though this technically is a common ownership situation, denial of the lot area variance based solely on that fact is not justifiable from a health, safety, and welfare standpoint and the owner would have lost substantial property rights. It was noted that the lot meets the 2 -acre minimum required for septic system use. 16 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 #1161 / #1162 WEESTRAND CONTINUED Randy Weestrand was present for this matter and stated that he is withdrawing his request for the rear setback variance because of the neighbors', Mr. Kokesh, opposition. It was moved by Mayor Grabek, seconded by Councilmember Sime, to conceptually approve the resolution as drafted. Motion, Ayes 5, Nays 0. #1163 JOHN McDOWELL/WOODHILL COUNTRY CLUB 1255 WOODHILL AVENUE PRELIMINARY SUBDIVISION RESOLUTION #2219 Present for this matter were: John McDowell, Engineer /Surveyor Rick Sathre, and Henry Kingman representing Woodhill Country Club. City Administrator Bernhardson explained the joint subdivision request by John McDowell and Woodhill Country Club. In March of 1986, the City approved a division of the John Pillsbury estate allowing the estate house on a 5 acre tract to be divided off for independent sale with the remaining parcel B to be combined with the adjacent Woodhill Country Club land. The current subdivision involves a division of the Outlot retained by Woodhill. Mr. McDowell proposes a 5 lot division of the 17.5 acre area to be served by a proposed private road with the exception of Lot 3 served by an existing private (Pillsbury) driveway. Lot 2 does not meet the required 200 feet of width 50 feet in from the road right -of -way. The developer proposes the road at a minimum paved width of 20 feet hoping to minimize the loss of trees and major land alteration required with road construction because of the difficult topography. Because of specific safety standards, City Engineer Cook has recommended the following design standards: 1. A 22 foot paved width. 2. Minimum width for the road section with the retaining wall to be maintained at 26 feet to the shoulder point of impact. 3. Cul -de -sac diameter must be 80 feet. Regarding Woodhill Avenue, because it is substandard per public road standards for a road that would now serve a total of seven residential units, City Engineer Cook has recommended the following:. 1. A 80 feet diameter cul -de -sac installed at the entrance to plat road to minimize traffic on private road. 2. Additional right -of -way granted by applicant for cul -de -sac. 17 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 #1163 MCDOWELL/WOODHILL CONTINUED 3. Woodhill Avenue to be upgraded to 24 foot wide street section from the west edge of the plat to the first cul -de -sac. Rick Sathre briefly reviewed the proposed accesses. He noted the lot width variance needed for Lot 2 noting that alternatives to resolve the problem would ultimately be problematic to the other lots. In order to preserve trees, they are requesting a 20' paved surface roadway, requiring a variance from the required 24' minimum paved width. Regarding Woodhill Avenue and staffs four options, they support option 4 mainly because it would cause the least disruption to the neighborhood. Attorney David Davenport, representing Mr. & Mrs. Mark Fox of 1230 Woodhill Ave., who are opposed to any improvement of Woodhill Ave. and the dedication and construction of a cul -de -sac. They are also in favor of staffs Option 4, and if Council approves any other option he requested that staff work with the Fox's on the details. Councilmember Callahan questioned City Engineer Cook's recommendation of a 22' paved roadway. City Engineer Cook stated his recommendation was based mainly on safety reasons. He explained that the City could work with the applicant to create the least impact and yet maintain safety standards. Rick Sathre did not feel it was necessary to widen Woodhill Ave, however, if the City requires it suggested widening on one side only. Ms. Lindstrom, 1315 Woodhill Ave., stated she objected to the road being improved at all because it would result in the removal of many mature trees. They would like to maintain the low traffic level. Mayor Grabek stated that the City has to consider the health, safety and welfare of the people and provide access for emergency vehicles. Mr. Davenport noted that the Fox's would be the only residents that would gain emergency vehicle access by providing the cul -de -sac, and felt that the Fox's already have adequate access for emergency vehicles. 18 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 #1163 McDOWELL/WOODHILL CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2119 approving the preliminary subdivision subject to: 1. Widen Woodhill Ave. to 22' per City Engineer Cooks recommendation with least disruption to plantings. 2. Provide platted cul -de -sac on the east end of the public portion of Woodhill Ave. without actually constructing it. 3. Private road be constructed at 22' minimum width with cul -de -sac at 80' paved diameter. 4. Provide single access to existing highway at its conjunction with Orono Orchard Road. Ms. Lindstrom asked who would pay for Woodhill Ave. being upgraded? City Administrator Bernhardson explained that the owners of the affected properties would pay for it in addition to the developer contributing because the improvement is in part to serve the new development. He noted that it would involve the public hearing process. City Engineer Cook recommended some type of turn - around area at the end of Woodhill for snow removal. Mayor Grabek stated that the City has manage to perform adequate snow removal without the turn - around for many years, therefore, felt it unnecessary. Motion, Ayes 5, Nays 0. #1164 JOHN McDOWELL 405 TONRAWA ROAD SUBDIVISION OF A LOT LINE REARRANGEMENT RESOLUTION #2220 John McDowell was present for this matter. City Administrator Bernhardson explained the request for a Class I subdivision of a lot line rearrangement and division for tax purposes. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to adopt Resolution #2220 approving the metes and bounds subdivision of a lot line rearrangement per staff resolution. Motion, Ayes 5, Nays 0. 19 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 MAYOR'S REPORT: Mayor Grabek asked the media to take into consideration the numerous recommendations of the Orono Police force for their service to the community and review with Chief Kilbo additional letters previously received, in order to give the Police Officers some credit where credit is due. CITY ADMINISTRATOR'S REPORT: FOREST ARMS PURCHASE AGREEMENT Mayor Grabek removed himself from the Council for this matter and appointed Actina Mavor Callahan. Acting Mayor Callahan explained the matter regarding modification of the Forest Arms purchase agreement to allow for reduction in quarterly payments by the pro - rata share of any pre - payments. Tom Theisen, 4175 Forest Lake Drive, President of the Forest Arms Country Club Association was present for this matter. He stated that they object and are not willing to pay 50% of the legal costs for the agreement modification. They feel this is an expense the Council concurred on their own. Even though 50% of the costs ($240) is not a great amount, however, they feel they are already spending $100,000 for a piece of property that they rightfully owned. The City made the decision to get legal counsel on this matter, and if the seller (the City) felt uncomfortable with their contract, they should pay the legal costs for modification. He stated that they have no problem with the contract change. City Administrator Bernhardson reviewed the reason this issue came to light with the sale of the Dongoske property, as outlined in a letter to Mr. Theisen dated May 8, 1987 in reference to the oversight. Subsequently, Mr. Theisen, in his letter dated May 15, 1987, requested an amendment to their payment schdeule to reduce the quarterly payment paid to the City as pre- payments are made by individual lots. Because staff felt it should be legally reviewed, proceeded with the amendment. He noted that the legal costs were, however, more than he anticipated. Councilmember Sime agreed with the position of the Forest Arms Country Club Association. He recommended that the City pay the entire legal costs for the oversight in the contract. 20 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 FOREST ARMS PURCHASE AGREEMENT CONTINUED Councilmember Peterson felt, that it was not an oversight through discussions with several Councilmembers and others that were involved in the purchase agreement. She felt that the Forest Arms Homeowners Assocation asked for the change, therefore, should pay the legal costs. Councilmember Goetten stated that although she felt the matter was somewhat confusing, in the best interest of the City, the person(s) that requested the change should pay the legal costs. Acting Mayor Callahan stated that based on the serious history of conflicting ownership he felt the change was necessary and that the City's Finance Director instigated the change in order to enforce the payment. City Attorney Blatz stated that she would have the legal fees charged reviewed. It was moved by Acting Mayor Callahan, seconded by Councilmember Sime, to approve the contract modifications and the City pay the legal fees involved. Motion, Ayes 2, Nays 2. Motion tied. Councilmembers Peterson and Goetten voted nay. Councilmember Peterson stated it was in the City's best interest to get their money as soon as possible, therefore, would not vote to change the amounts to a pro -rata amount. 4545 WAYZATA BOULEVARD City Administrator Bernhardson explained the issue of determining if the- City wants to undertake the process to create a public easement across the railroad to provide access to 4545 Wayzata Boulevard and other properties in the area. He stated that the Slaughters were turned down by 13 different mortgage insurance companies, and were finally able to obtain permanent financing from the 14th based on a favorable opinion regarding the access and have undertaken their construction at this time. The Slaughters, however, feel that the issue regarding access remains and would like the Council to again address it. Jane Slaughter stated that she is pursuing this matter of easement for all four homeowners affected, however, she noted that the other homeowners feel the Slaughters will resolve the problem for them and have not actively been involved. 21 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 4545 WAYZATA BOULEVARD CONTINUED Councilmember Callahan felt the City should first find out how the other three property owners felt about this easement. He agreed that being land - locked was a bad situation. Councilmember Goetten recommended the formation of a homeowners association. It was moved by Mayor Grabek, seconded by Councilmember Goetten, that the Council indicate that they will further consider condemnation of the public easement at the owners' expense across the railroad tracks once the homeowners involved have: a) Formed a homeowners association. b) Undertaken the steps necessary and agreed to private road to serve the properties. c) Have jointly sought access not involving crossing the railroad track. Mayor Grabek suggested staff send a letter to the other three property owners advising them of the situation. Motion, Ayes 5, Nays 0. MARKETING CITY OBJECTIVES PROGRAM City Administrator Bernhardson explained that this was the first attempt to address a "clout" program in the short term objectives for 1987. Mayor Grabek recommended that the Councilmembers review this issue independently and discuss with City Administrator Bernhardson. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to table this matter at this time. Motion, Ayes 5, Nays 0. AUTHORITY TO HIRE - PART -TIME POLICE OFFICER City Administrator Bernhardson explained that due to problem continued manpower problems, staff requests authority to hire a part -time licensed police officer. It was moved by Mayor Grabek, seconded by Councilmember Goetten, the Orono City Council authorizes creation of a part -time position in the Police Department for the period of August 1, 1987 to January 1, 1988 or until Officer Kirnyczyk returns to full duty, whichever is first. Further, it authorizes staff to undertake selection of an individual for the position to be brought to Council for final hiring authority. Motion, Ayes 5, Nays 0. 22 b 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 TRUCK RESTRICTIONS — SELECTED ROUTES ORDINANCE NO. 38 SECOND SERIES City Administrator Bernhardson explained the request for amend the ordinance to prohibit large trucks from using certain City streets as shortcuts, specifically Old Beach Road and Townline Road, which would require working with abutting communities. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Ordinance No. 38 Second Series amending Ordinance No. 7.10 restricting truck traffic on certain City streets as authorized by the Orono City Council. Motion, Ayes 5, Nays 0. CITY FACILITIES STUDY* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to table this matter until the July 27, 1987 Council meeting. Motion, Ayes 5, Nays 0•. CAROL HANSING - RETROACTIVE VACATION AND SICK LEAVE* It was moved by Councilmember Sime, seconded by Councilmember Peterson, the Orono City Council hereby grants the retroactive authority for vacation and sick leave on a prorata basis from December 1, 1985 to July 30, 1987 at 66.6 hours of vacation and 80.0 hours of sick leave. Motion, Ayes 5, Nays 0. PERMIT FOR BUOY AT 1420 SHORELINE DRIVE* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that Council accept the information regarding a buoy being installed at 1420 Shoreline Drive as submitted by staff. Motion, Ayes 5, Nays 0. LINDA FREEMAN, 3415 EASTLAKE STREET - HOLDING TANK Councilmember Callahan inquired about the status of this problem between 1984 and the present request. Assistant Zoning Administrator Gaffron explained that, for a period of time the property was unrented and also a time when the renters were not there on a full -time basis. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to allow the installation and maintenance of a holding tank system at 3415 Eastlake Street to replace the existing failing septic system. Motion, Ayes 5, Nays 0. 23 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 PART -TIME PARR EMPLOYMENT CONFIRMATION* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to employ Mr. Robert Stiles as a temporary parks maintenance helper at an hourly rate of $5.00 per hour effective July 13, 1987. Motion, Ayes 5, Nays 0. GOLF COURSE GARAGE Mayor Grabek asked what it would cost to simply build a new garage. Public Works Coordinator Gerhardson stated that the budgeted $5,000 would provide a 12' x 24' garage area, as opposed to the proposal of a 24' x 36' garage for $8,900. He stated it would cost approximately $16,000 to build a new 24' x 36' garage. It was moved by Mayor Grabek, seconded by Councilmember Sime, that the Orono City Council approves expenditure of $8,900 for moving of an existing garage and related costs for utilization at the golf course. Motion, Ayes 5, Nays 0. ASSESSMENT - DEVELOPER'S FEES /FALSE ALARM FEES* RESOLUTION #2221 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2221 providing for the collection of unpaid 1986 Developers' Fees and Alarm Users' Fees in the amount of $1,107.06, and to add 10.0% interest to the amounts due, effective July, 1987. Motion, Ayes 5, Nays 0. 571 NORTH BROWN ROAD - HAZARDOUS BUILDINGS RESOLUTION #2222 City Attorney Blatz requested that the 'drafted resolution be amended to read: A RESOLUTION ORDERING ABATEMENT OF HAZARDOUS BUILDING CONDITION AT 571 NORTH BROWN ROAD, ORONO. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2222 commencing hazardous proceedings against the property at 571 North Brown Road as amended. Motion, Ayes 5, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept City Administrator Bernhardson's Information Report regarding: First English Lutheran vs. County of Los Angeles - Legal Summary, Marina Regulation, Goal Setting Status, 3946 Sixth Avenue North, 200 Hollander Road, and City Hall Parking Area - "Bridge" Replacement. Motion, Ayes 5, Nays 0. 24 -+ 1 .' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 CITY ATTORNEY'S REPORT: MARCEL DITTRICH, SHADYWOOD ROAD EXECUTIVE SESSION The Council entered into Executive Session for this matter. LICENSES* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the following Lice gesPic Installers License - Ingleside Engineering & Construction Inc. Parades & Special Events - Corn Days - Four Mile at Willow Drive, Brown Road; Orchard Lane Solicitor's License - Fabian Seafood, 2120 Wayzata Blvd. Green Peace USA Inc. ' Motion, Ayes 5, Nays 0. BILLS* _ It was moved ` by - Councilmember Sime; seconded by Councilmember Peterson, approve payment of the All Accounts. ot o, Aye 5 Nays 0. ADJOURNMENT 11:55 P:M: It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adjourn the regular Council meeting at 11:55 P.M. Motion, Ayes 5, Nays 0. ATTIST: lone . 25