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HomeMy WebLinkAbout11-09-1987 Council MinutesA, MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 7 'SMANCE 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 Director Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City. Recorder Peterson. City Attorney Blatz and City Engineer Cook were also present. CONSENT AGENDA* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Consent Agenda subject to removal of the following items: #3 - Approval of 10/26/87 Minutes - requested by Councilmember Goetten #23 - Hackberry Hill Park Well Installation - requested by Councilmember Peterson #26 - Administrator's Information -Metro Goose Hunt - requested by Councilmember Goetten Motion, Ayes 5, Nays 0. DESIGNATION OF TOM BRUNANSRY DAY NOVEMBER 27, 1987 F °SOLUTION 12288 It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2288 declaring November 27, 1987 as Tom Brunansky Day in the City of Orono. Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES Councilmember Goetten requested amending comments made by her in the Minutes as follows: #1168 Helstrom (Page 3) _ " Councilmember Goetten felt that the patio area under the deck /porch that extends beyond the deck /porch could also be removed to decrease the hardcover from 45.7%." #1188 Kaplan (Page 8) "She noted that none of them were riparian lots (with the exception of the Smiley lot) and none required additional variances for the existing homestead lots." PLANNING COMMISSION COMMENTS Planning Commissioner Brown arrived later in the meeting and had no comments. PUBLIC COMMENTS There were no comments from the public. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 - 'NNING ADMINISTRATOR'S REPORT: #643 BRUCE CURTISS 1920 FAGERNESS POINT ROAD CONSIDERATION OF VARIANCE APPLICATION Bruce and Camille Curtiss were present for this matter. City Administrator Bernhardson reviewed the pertinent issues as follows: 1. A 6' privacy fence has been erected on the street side of the lakeshore lot. The fence is considered a hazard in its present location and a portion has been erected -in the City right -of -way. 2. Violation of conditions of approval of variances approved in September 1981 in that the applicant failed to provide a required turnaround. Zoning Administrator Mabusth explained the proposed turnaround location on the south noting that a mature tree and power pole limits the turnaround being located to the north. Camille Curtiss did not feel locating a turnaround within their front yard was feasible noting it would not be useable for the car parked in the right hand garage stall. Councilmember Peterson concurred that she could not maneuver her truck in the driveway. Councilmember Goetten felt the 6' fence created a visual safety hazard. Mayor Grabek stated he understood the problems with having a turnaround in the front yard and the small area for maneuvering. He felt the major issue was the fence. Camille Curtiss felt the hardship was having no back yard and the need for a private safe place for family recreation. Councilmember Peterson inquired as to the feasible installation of a mirror for safe access onto Fagerness Point Road. Dave Slavik, neighbor across the street, stated a mirror could be installed on his property. He felt the 6' fence should be allowed because a 3 -1/2' fence is a safety hazard for climbing children. 2 r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 -43 CURTISS CONTINUED Bruce Curtiss stated that the turnaround would not be useable for his truck. Regarding the need for a 6' fence for privacy, he stated that the fence would screen storage of trailer, boat, and truck which are stored outside. It was moved by Mayor Grabek, seconded by Councilmember Sime, to eliminate the turnaround as a condition of the original variance and allow a 3 -1/2' fence subject to removing a portion to provide adequate sight distance. Councilmember Callahan felt a 6' fence could be allowed subject to angling the fence to provide the adequate site distance. He concurred with eliminating the turnaround. Councilmember Peterson also concurred with eliminating the turnaround. She agreed with Councilmember Callahan regarding a 6' fence finding that it would be an asset in that area for children, especially given the fact that there are no windows in the Curtiss residence on that side to observe the children playing. Councilmember Goetten concurred with Councilmembers Callahan and Peterson. Mayor Grabek expressed concern with approving 6' high fences around the lakeshore for privacy reason in which previous requests have been denied. He felt a 3 -1/2' fence was adequate in addressing the safety concern. Motion, Ayes 2, Nays 3. Councilmembers Callahan, Peterson and Goetten voted nay. Motion fails. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to eliminate the turnaround as a condition of the original variance and allow a 6' fence to the lakeshore subject to angling the fence from the garage for adequate sight distance. Motion, Ayes,2, Nays 3. Mayor Grabek, and Councilmembers Sime and Goetten voted nay. Councilmember Goetten was opposed to the 6' fence being allowed along the north side to the lakeshore. It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to table this matter until the next Council meeting for further review and consideration by the Council. Motion, Ayes 3, Nays 2. Mayor Grabek and Councilmember Sime voted nay feeling that tabling the matter would not resolve or change the facts. Motion carried. 3 t MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER.9, 1987 `84 JOE SAWCHUR* 05 WATERTOWN ROAD VARIANCE D$NIAL RESOLUTION #2289 It was moved Councilmember denying Joe S variances for Watertown Road. #1168 RICHARD G. HELSTROM 2895 CASCO POINT ROAD VARIANCE RESOLUTION #2290 by Councilmember Sime, seconded by Peterson, to adopt Resolution #2289 awchuk's application for side setback construction of a horse barn at 4105 Motion, Ayes 5, Nays 0. Richard Helstrom was present for this matter. City Administrator Bernhardson explained the revised proposal per Planning Commission direction to construct a deck encroaching 12' into the average lakeshore setback and increasing 75 -250' hardcover from 45.3% to 45.7 %. The proposed deck replaces a smaller dilapidated deck that was removed last year. Council tabled this application at their last meeting since the applicant was not present to answer questions relating to the play structure constructed and the possible removal of additional patio hardcover extending outside the proposed deck area. Mr. Helstrom stated he would rather not move the, play structure to the rear yard area for childrens safety reasons. He stated he is willing to remove the patio block area under the play structure and some patio area adjacent to the proposed deck extending outside the deck. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2290 approving the variances amending it to allow the play structure to remain and subject to removal of the 12'x 14' block patio area and removal of patio area adjacent to the deck extending outside of deck. Motion, Ayes 5, Nays 0. #1169 WEAR PARTNERSHIP ENTERPRISES WATERTOWN ROAD PRELIMINARY SUBDIVISION RESOLUTION #2291 William Wear was not present for this matter. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2291 granting preliminary approval of a subdivision of Lots 2 and 3, Peterman Addition of Wear Enterprises Partnership. Motion, Ayes 5, Nays 0. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 n'_177 TODD WATERS 61 CASCO POINT ROAD CONDITIONAL USE PERMIT/ VARIANCES DENIAL RESOLUTION #2292 Todd Waters and present for this his attorney David Davenport were matter. City Administrator Bernhardson explained that Council directed staff at their last meeting to draft a resolution denying an after - the -fact conditional use permit and variances and ordering the applicant to restore the lakeshore yard to the original condition. Staff has submitted this denial resolution for Council consideration, noting that the deadline for restoration is June 15, 1988'. Zoning Administrator Mabusth reviewed the pertinent points within the denial resolution. Attorney David Davenport stated that they obviously did not agree with the findings of the denial resolution feeling that they have not been supported by the evidence that had been presented to the Planning Commission and Council. Referring to Finding #15, he noted that it is their intention to provide the easement document. He requested clarification of Finding #26B stating that it was their understanding that the intent of the resolution was to require completed restoration of the site to its original condition which would involve reinstallation of the small drainage tile that existed prior to construction. It is his understanding that Engineer Cook may be recommending that an 18" pipe be installed and if this is the case, it is inconsistent with the finding made by Council at the last review that the property be restored to its original condition. Therefore, they object on the basis that they are requiring the Waters' to solve the ponding or inundation problem that is not their responsibility to solve. City Engineer Cook clarified that restoration to the original condition would involve reinstallation of an 8" pipe, however it would not change the previous conditions which involved the ponding area. Attorney Davenport explained that the 8" pipe would not solve the past and current drainage problem. Councilmember Callahan objected to the references made in the resolution that Council "conceptually" denies the request and that staff, consultants, and applicants should work together to decide what size pipe should be installed. He viewed the after - the -fact conditional use 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 11177 WATERS CONTINUED permit and variances as simply being denied (not conceptually) and property should be restored to its original condition which includes an 8" pipe. He recommended that the resolution be amended to reflect his opinion. He also felt Finding #35 was incomprehensible. Referring to Finding #33, he recommended amending the resolution by adding the deadline date of June 1, 1988. Zoning Administrator Mabusth clarified the rationale of Finding #35. Mayor Grabek stated that Finding #35 not be removed from the drafted resolution. Todd Waters expressed his feelings that the City has imposed regulations and conditions upon him that were not made clear at the beginning of this project and regulations that are not consistent with the intent of democratic government of this country. Mr. Waters and Mr. Davenport left the meeting at this point. City Administrator Bernhardson commented that Mr. Waters and his neighbors could petition the City for a storm sewer review hearing, which would be a separate action, if they felt there was a stormwater problem noting that this could be accomplished before the June 1, 1988 completion deadline date. Councilmember Sime noted that the information given out by City staff when a building permit is applied for does specifically reference submission of any grade changes proposed which he felt was ignored by Mr. Waters' contractor. He stated he will vote against denial of the resolution because he felt total restoration would be detrimental to the lake itself. Councilmember Goetten stated she will also vote against denial of the resolution because she felt there was a. better way to resolve the problem based on the City Engineer's recommendation. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2292 Denying the After the -fact Conditional Use Permit and Variances amending the resolution as previously recommended by Councilmember Callahan. Motion, Ayes 3, Nays 2. Councilmembers Sime and Goetten voted nay. Motion carried. N. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 +1199 RICHARD AND GAY KELLY 25 OXFORD ROAD VARIANCE City Administrator Bernhardson explained the request for a variance to construct a house 65' in front of the average lakeshore setback. Planning Commission .recommended denial of the request. Assistant Zoning Administrator Gaffron reviewed the areas available for mound or trench septic systems. Richard Kelly was present for this matter. He noted that they have made attempts to compromise from their original plan by reduction of the porch and house size because of the neighbors' concerns. He stated their hardship was having to remove several large trees. He felt that the Peterson !s view (the objecting neighbor) would not be impaired if the house were constructed as proposed. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to deny the request and require that the house be constructed behind the average lakeshore setback, and directed staff to draft a resolution of denial for formal approval. Motion, Ayes 5, Nays 0. #1205 ROBERT MAXFIELD* 4175 NORTH SHORE DRIVE RENEWAL VARIANCE RESOLUTION #2293 It was moved Councilmember approving the 1986 per staff by Councilmember Sime, seconded by Peterson, to adopt Resolution #2293 renewal variance approved on November 10, recommendation. Motion, Ayes 5, Nays 0. #1211 GERALD NESLUND 1225 ORONO OAKS DRIVE CONDITIONAL USE PERNIT/VARIANCE RESOLIITION It was moved by Councilmember Sime, seconded by Mayor Grabek, to table this application per staff recommendation. Motion, Ayes 5, Nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 #1212 PAUL BOYKE 793 AND 795 NORTH FERNDALE SUBDIVISION OF A LOT LINE REARRANGEMENT RESOLUTION #2294 City Administrator Bernhardson explained the request for a lot line rearrangement which is a rearrangement of the recent plat of Lauranne Woods. Planning Commission and • staff recommends approval. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to adopt Resolution #2294 approving a metes and bounds subdivision of a lot line rearrangement. Motion, Ayes 5, Nays 0. #1213 ROLLIN LACY 2655 NORTH SHORE DRIVE VARIANCE RESOLUTION #2295 Mr. & Mrs. Rollin Lacy were present for this matter. City Administrator Bernhardson explained the request for reconstruction of a house in the lakeshore yard requiring a sideyard setback variance and 75 -250' hardcover variance. He explained the issue of the 33' public easement that is adjacent to applicant's property. Mr. Lacy noted that the proposal involves a 5.1% hardcover increase, but overall hardcover on property is under the amount allowed and most likely less hardcover than most of the existing area properties. Because the property is fairly flat, he did not believe that construction of the new garage with a second story would create any additional runoff into the lake. It was moved by Councilmember Goetten, seconded by Councilmember Sime, to adopt Resolution #2295 approving the variances as proposed subject to incorporating the actual hardcover calculations into the resolution. Motion, Ayes 5, Nays 0. Mr. Lacy thanked the Council for visiting his property which contributed to their understanding of the proposal resulting in their approval. He commented that the Planning Commission recommended with a 3 -3 vote approval of his proposal. He felt the 3 objecting members were caught up in design issues which he felt was not their function. M. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 #1216 CLARK WINSLOW 1595 BOHNS POINT ROAD CONDITIONAL USE PERMIT/VARIANCE RESOLUTION #2296 City Administrator Bernhardson explained the request for a conditional use permit and variance for the dredging of a designated wetland. The applicant wishes to dredge the pond so that there is water standing at all times. He noted that this project will result in the necessity to change the elevation of a culvert. Planning Commission recommended approval. Councilmember Callahan voiced concern with the changing of the drainage pattern through a culvert from the Ulrich property. He felt there was nothing to be gained from this project and certainly no hardship has been proven to justify approval of the project. Applicant's Landscape Designer, Dale Gustafson, was present for this matter. He explained the applicant's desire to have a pond area that previously existed rather than a dry area with cattails. He stated that the value of dredging the pond is reestablishing a silt basin for excessive runoff. He explained that the majority of drainage from the Ulrich property runs over an extensive grassed area of the property with only one area provided with a section of culvert. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2296 approving the conditional use permit and variance as proposed. Motion, Ayes 4, Nays 1. Councilmember Callahan voted nay. MAYOR'S REPORT: Mayor Grabek had no report. ENGINEER'S REPORT: COUNTY ROAD 15 COSTS OF LOCAL IMPROVEMENTS - PROGRESS City Administrator Bernhardson explained that the upgrade of County Road 15 entails the cost of approximately $500,000 for Orono's share in this improvement. Final plans for this upgrade should be delivered to the City within the next week. These plans will be available for the public to review in the Council Chambers. The County will make a presentation of- the final plans at the next Council meeting. Staff will be working on financing issues. He noted that use of MSA funds for upgrade of a County road will incur a penalty. The City could assess the project costs to adjacent benefiting land owners for sidewalk and storm drainage etc. which would entail a special public hearing process. Staff will make a recommendation of D MINUTES OF THE REGULAR ORONO COUNCIL. MEETING HELD NOVEMBER 9e 1987 COUNTY ROAD 15 IMPROVEMENTS CONTINUED financing options for consideration by Council at their December 14th meeting. There has been some concern from the public regarding inclusion and final design of the sidewalks. City Engineer Cook reviewed the assessing area noting the option of assessing the adjacent private and /or commercial property owners. He explained the need to recover .some of the penalty cost for using MSA funds. He felt it was reasonable to expect the adjacent property owners to contribute to this improvement but not mandatory. He felt the main consideration should be the fairness issue. Debbi Lind, 2414 Carman Street, felt that the abutting property owners would not be the only users of the sidewalk noting the sidewalk runs from community to community, therefore felt it unfair to assess only abutting property owners. Liza Crear, owner of the Casco Run building, voiced concern with removing their landscaping and some of their parking area for the sidewalk. In response to a question as to why the sidewalk was necessary, City Engineer Cook stated the County felt it was necessary as a safety issue., Mayor Grabek stated that the Orono, Spring Park, and Mound City Councils agreed with the County regarding keeping the pedestrians off the road and providing sidewalks. Robert Kost, Park Commission Chairman, stated that the Park Commission is in favor of the proposed 2 -sided sidewalks for pedestrians to travel safely between communities. A member of the audience stated they felt there was not enough walking pedestrians between the communities to warrant a sidewalk. The public also responsibility of some cases could be owner. 10 voiced concern with having the snow removal on the sidewalk and in very costly to the abutting property MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 CITY ADMINISTRATOR'S REPORT: 1988 STRATEGIC PLANNING City Administrator Bernhardson reviewed the proposed 1988 Strategic Planning. Councilmember Peterson asked about a Housing & Redevelopment Authority. In response to this, City Administrator Bernhardson stated they have not specifically addressed formulating a Housing & Redevelopment Authority, however, if the City looks strongly at the Navarre Redevelopment they should have a Housing & Redevelopment Authority as a mechanism by which to get it accomplished. He noted the 1988 Strategic Plan would be amended to read * Consider the formulation of a Housing and Redevelopment Authority by 2/88. — — Councilmember Goetten voiced concern regarding waste management and recommended that this issue be include in this plan. City Administrator Bernhardson stated he would add *Solid Waste Management as an objective to the plan. It was moved by Mayor Grabek, seconded by Councilmember Sime, that the Council adopt the proposed 1988 Strategic Planning document as amended and incorporate as part of the Administrator's Goal Setting., Motion, Ayes 5, Nays 0. 1988 LEGISLATIVE POLICIES City Administrator Bernhardson reviewed the recommended legislative policies. He recommended adding Geese Control to this package. He noted that there will probably be some legislative requests regarding police pursuit regulations. City Administrator Bernhardson explained the process of tax exempt property to the Council. Councilmember Goetten offered her services as a legislative liaison noting she has been involved in the AMMR Committee. It was moved by Councilmember Goetten, seconded by Mayor Grabek, that the Council adopt the legislative policies, as amended and direct staff to attend the League of Minnesota Cities and Association of Metropolitan Municipalities policy adoption meetings together with submitting the City's policies to its representatives and establish a date for attendance by its representatives to meet with the Council. Motion, Ayes 5, Nays 0. 11 .- MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 TAX FORFEITED PROPERTY - PRELIMINARY REVIEW City Administrator Bernhardson reviewed the attachments regarding action for tax forfeited properties. It was moved by Mayor Grabek, seconded by Councilmember Callahan, that Council direct staff to develop resolutions for adoptions at the November 23, 1987 meeting regarding the tax forfeited lots listed in Attachment A. Motion, Ayes 5, Nays 0. RESIGNATION PART TIME POLICE OFFICER -* WILLIAM BREIMHORST It was moved by Councilmember Sime, seconded by Councilmember Peterson, the Orono Council accepts the resignation of William Breimhorst as a part time officer effective November 9, 1987, thanking him for a job well done. In addition Council authorizes staff, if deemed to be needed, to seek a replacement until Officer Kirnyczuk's return subject to Council approval of the individual selected. Motion, Ayes 5, Nays 0. SALARY ADJUSTMENT - JAMIE BOSMA* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Orono Council approve a retroactive compensation increase for Jamie Bosma from $6.18 per hour to $6.40 per hour effective 1/21/87. Motion, Ayes 5, Nays 0. LONG LAKE /CICI WATER AGREEMENT* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the City of Orono consents to the licensure agreement between the City of Long Lake and the owners of the property at 875 Wayzata Boulevard for the extension of water service to the property. Motion, Ayes 5, Nays 0. 1988 AUDITOR AUTHORIZATION* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to appoint the audit firm of Pannell Kerr Forster to perform the required audits for the 1987 fiscal year at an estimated cost of $12,650 plus direct expenses. Motion, Ayes 5, Nays 0. HACKBERRY HILL PARK - WELL INSTALLATION Councilmember Peterson asked if the bids for a well at Hackberry Park were realistic and how this well differed. from a residential well. City Engineer Cook stated that the only difference he was aware of is that this well has a control panel. 12 MINUTES OF THE REGULAR ORONO COUNCIL FETING HELD NOVEMBER 9, 1987 HACKBERRY HILL PARK WELL CONTINUED Public Works Coordinator Gerhardson felt the bids were realistic based on the cost of approximately $8,400 for the well at- Bederwood Park in 1980. It was moved by Councilmember Peterson, seconded by Councilmember Sime, to award the construction of the well at Hackberry Park to Renner Well Company for an amount not exceed $11,267.50 and to fund this project from the Park Dedication Fund. Motion, Ayes 5, Nays 0. ADDITIONAL DEPOSITORY* RESOLUTION #2297 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2297 making additional depository appointment for 1987. Motion, Ayes 5, Nays 0. ASSESSMENT REDUCTION - 525 TONKAWA ROAD* RESOLUTION #2298 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2298 reducing the number of sewer units at 525 Tonkawa Road and reducing the assessment amount by $2,619.66. Motion, Ayes 5, Nays 0. ADMINISTRATOR'S INFORMATION Councilmember Goetten asked who is requesting the City to allow an earlier hunting time than 8:00 A.M.? City Administrator Bernhardson stated that the hunters have requested this change noting that staff would not recommend earlier than 7:00 A.M. Council concurred with that recommendation. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept City Administrator Bernhardson's Information regarding: Highway 12 Task Force, Metro Goose Hunt - December, 3382 Shoreline Drive, Comprehensive Plan Amendment, Space Consultant Progress Report, 3405 Shoreline Drive, 3536 Lyric Avenue, 200 Hollander Road, 4220 Sixth Avenue North, 1160 North Arm Drive, 1700 Fox Street, 1988 Employee Health Insurance, International City Management Association Conference, and Goal Setting Status- October. Motion, Ayes 5, Nays, 0. CITY ATTORNEY'S REPORT: City Attorney Blatz requested an Executive Session at this time. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1987 LICENSES* BILLS* There were no licenses submitted for approval. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. ADJOURNMENT 10:05 P.M. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adjourn the regular Council meeting at 10:05 P.M. Motion, Ayes 5, Nays 0. 14 +Jas. ZGka�be-X, Mayor