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HomeMy WebLinkAbout11-23-1987 Council Minutesr MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 'ITTENDANCE 7:00 P.M. The Orono Council met on the above date with the following members present: Mayor Grabek, Councilmember Peterson, Sime, Callahan, and Goetten. The following represented the City staff: City Administrator Bernhardson, Public Works Director Gerhardson, Building & Zoning Adminstrator 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 Callahan, to approve the Consent Agenda as submitted. Motion, Ayes 5, Nays 0. ORONO HIGH SCHOOL FOOTBALL TEAM RESOLUTION OF CONGRATULATIONS 12313 Mayor Grabek read a Resolution of Congratulations recognizing the Orono Spartans Football Team, the Coach and staff of the Orono School District congratulating them for a successful 1987 ' season. WOODHILL AVENUE IMPROVEMENT PUBLIC HEARING 7:03 77:12 `RESOLUTION #2299 City Recorder Peterson noted the Affidavit of Publication. City Administrator Bernhardson explained that approval of the Woodhill plat was contingent upon upgrading Woodhill Avenue in order to handle the increase volume of traffic and emergency vehicle access. The original feasibility study done had the cost of the project between $50,700 and $61,680 depending on the alternative selected. This has subsequently been amended as the original feasibility study submitted by the City Engineer was done in advance of soil borings done on site. Because of the soil borings, it has been determined that additional expense would be entailed in the project and the City Engineer is recommending a revised Alternative II with some relocation of the road as Alternative I is no longer cost effective. Prior to the amended cost, staff negotiated with the developer, John McDowell, and Woodhill Country Club who agreed to pay 75% of the total cost of the original feasibility study not to exceed $46,260. Staff recommends the City ,pick up 10% of the balance remaining (plus any expense over the original maximum of $61,680) and the abutting three property owners (David Lindstrom, 1315 Woodhill Avenue; Mark Fox, 1230 Woodhill Avenue; and Jane McClaren, 190 Orono Orchard Road) bear the other 15% of the balance which would amount to $3,084 each. Staff 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 WOODHILL AVENUE IMPROVEMENT CONTINUED recommends approving the revised Alternative II for Woodhill Avenue street improvement as presented by the City Engineer and to direct the City Engineer to prepare plans and specifications for the street improvements to Woodhill Avenue. It is further recommended that Council direct staff to set an assessment hearing date for an appropriate time in 1988. David Lindstrom did not feel the improvement of Woodhill Avenue would in any way benefit him. He noted that buffer brush and pine trees would be removed with the project. Jane McClaren agreed with Mr. Lindstrom and felt the upgrade would increase the traffic and she likes the road as is. Mark Fox stated he has been against the street improvement since the beginning. He stated the improvements will cause damage to shrubs and trees and create a traffic problem. He sees no benefit to him and two other property owners with the improvement. John McDowell stated he and Woodhill Country Club agreed to pick up a sizeable portion of the the improvement in order to expedite the plat approval. He stated the original reason the Council wanted the street improvement was for safety purposes i.e.- emergency vehicle access. He felt his private road (Outlot A) takes care of this need. He noted there were other substandard roads in Orono that were in need of upgrade more than Woodhill Avenue. He does not feel a proven need for upgrading Woodhill Avenue is present and therefore not neccessary. Jane McClaren noted that Woodhill Avenue as it exists is straight and open with clear sight distances that maintains safety. If anything, she felt the narrowness of the road slowed the traffic. There were no other comments from the public and the public hearing was closed.. Councilmember Sime asked what the existing width of Woodhill Avenue is and what width is considered safe. He noted in driving the road today, he had to pull off onto the shoulder to allow a passing car by. Public Works Director Gerhardson stated Woodhill Avenue is currently 16' in driving surface width and 24' is considered a safe width. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 WOODHILL AVENUE IMPROVEMENT CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Sime, to approve the revised Alternative II presented by the City Engineer for the Woodhill Avenue street improvements and to direct the City Engineer to prepare plans and specifications-for the street improvements to Woodhill Avenue. It is further recommended that Council direct staff to set an assessment hearing date for an appropriate time in 1988. Councilmember Callahan asked how much the revised Alternative II is expected to add to the cost. City Engineer Cook stated approximately 10% more but anticipate the project actually coming in lower to approximately $56,000 - $57,000. Councilmember Callahan felt the original feasibility study should not have been submitted until the actual soil borings done. Motion, Ayes 3, Nays 2. Councilmembers Goetten and Peterson voted nay. Councilmember Goetten stated she has seen no true benefit to the abutting property owners and also objected to the City bearing any additional cost over the maximum amount stated. Councilmember Peterson also did not see a benefit to the property owners and objected to assessing them for the upgrade due to the impending subdivision. APPROVAL OF MINUTES* It was moved by Councilmember Sime, seconded by Councilmember Callahan, to approve the Minutes of the November 9, 1987 Council meeting as submitted., Motion, Ayes 5, Nays 0. LAKE MINNETONKA CONSERVATION DISTRICT REPORT Representative Jo Ellen Hurr was present for this matter. Comprehensive Plan - The Plan has not yet been received back and hopefully she will be able to report back to Council on this issue in January. Executive Director - Search - Status - She stated there should be 2 or 3 people presented to the board on December 9th for a vote. She did not know who the candidates would be. She stated she withdrew her interest in the position because of suggested conflicts. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 LMCD REPORT CONTINUED Mayor Grabek asked what kind of qualifications are being requested for this position. Ms. Hurr stated the ad asked for someone with background in planning, fund raising and lobbying. She hopes that the person chosen will have all those qualifications because all of these qualifications are very important to the existince of the LMCD. She stated that she will be asking for the candidates profile resume and will be happy to get the Councils' input on the candidates. Mayor Grabek asked if she felt this was an unbiased approach to filling the position of a political decision? Ms. Hurr stated she could not comment on that until she knew the candidates. , Mayor Grabek asked Ms. Hurr to keep the Council updated on this issue because it is a very important position. For the record, Councilmember Sime stated he was disappointed that Ms. Hurr was not in consideration for the position feeling she would have been fantastic. Councilmember Goetten agreed. Ms. Hurr explained that it was based on legal opinion and had turned into a political issue which was disappointing to her but she did not wish to put the organization through any turmoil. Minnehaha Creek Watershed District Representative- - Mayor Grabek asked about the status of their recommendation that a LMCD representative serve on the MCWD. Ms. Hurr stated their recommendation was presented with no response from them. She noted that none of the Council recommendations for the position were chosen. Councilmember Goetten questioned why they would pick someone so closely affiliated with a marina. Ms. Hurr could not answer that question. She stated she is still fighting for representation from the LMCD. 1988 Legislative Package - She stated that there has been a general overall approval of the package to be submitted. Council unanimously felt the LMCp should not have any authority over the land. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 LMCD REPORT CONTINUED Ms. Hurr stated she would correct the package to reflect Council's opinion on this. She noted that Orono does a good job with protecting the 0 -75' lakeshore area, however some cities do not. PUBLIC COMMENTS Sandy Rauschendorfer, 3895 Shoreline Drive, suggested that the Council agendas be published in the paper prior to the meeting in order to give the public more opportunity for input on issues of concern to them. City Administrator Bernhardson stated that generally there is not enough lead time in finalizing the agenda to have it published. Councilmember Goetten noted that publication is made on all land use applications prior to the Planning Commission meeting. Mayor Grabek suggested that general issues with definite agenda dates may possibly be published prior to the Council meeting. City Administrator Bernhardson stated staff will work on this. -WING ADMINISTRATOR'S REPORT: 343 BRUCE CURTISS 1920 EAGERNESS POINT ROAD CONSIDERATION OF VARIANCE APPLICATION Bruce & Camille Curtiss were present for this matter. City Administrator Bernhardson explained that this application was tabled at the last meeting to provide the Council and applicants time for further review and consideration. He explained staff's recommendation to reconsider the Planning Commmission's recommendation to allow a 3 -1/2' fence within the lakeshore protected area if the prime purpose is for the protection of the children. Staff presented a compromised sketch which would allow a 3 -1/2' fence along the roadway, wetland area, and shoreline with plantings allowed to provide additional privacy (plantings not to exceed 3 -1/2' in height within the view protection area as noted on the sketch). Camille Curtiss felt that staff's proposal was extremely restrictive, did not meet their need of privacy and child protections, and consisted of three times the fencing compared to what currently exists. They felt fencing was not needed along the wetlands because the wetlands serve as a natural barrier which the children will not go beyond. W MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 #643 CURTISS CONTINUED Mayor Grabek felt child security precedent. allowing a 6' fence for privacy and reasons would be setting a major Camille Curtiss submitted example photos of many 6' fences in Orono. Bruce Curtiss felt their - property was unique because they do not have a front or back yard, they have only one side yard area useable for a family recreation area which is not visible from the house to supervise children. They did not feel a 3 -1/2' fence was adequate to protect the children. Mayor Grabek stated he understood their concern for the safety of children however, it was not justification as the sole reason for needing the 6' fence. Bruce'Curtiss noted that the proposed gate would be unlocked only for access of boat and trailer. It was moved by Mayor Grabek to allow a 3 -1/2' fence as proposed by staff subject to .angling the fence on the south side out of the view protection area. Noting his reasoning was that allowing a 61 fence will set a precedent and other requests for a 6' fence will be made. Councilmember Sime seconded the motion. Bruce Curtiss noted the concept of variance procedure to view each particular case as a separate issue which he did not feel many other properties in Orono would have the same problems as theirs. Councilmember Callahan stated he was in favor of an alternative at the last meeting and would not vote to approve staff recommendation feeling there was too much encroachment into the lakeshore area. Vicki Slavik, 1913 Fagerness Point Road, neighbor across the road, stated she was in favor of the 6' fence due to the hazards of traffic on Fagerness Point Road and agreed that a 3 -1/2' fence did not effectively provide security for the children. Motion, Ayes 2, Nays 3. Councilmembers Goetten, Peterson, and Callahan voted nay. Motion fails. Councilmember Goetten noted her concern for children playing safely in an area where they cannot be supervised from the house. She was also concerned with a 6' fence obstructing the view from the street and was MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 #643 CURTISS CONTINUED not in favor of allowing a 6' fence within the 0 -75' setback area. She suggested allowing the 6' fence in any area not located within the right -of -way or the 0- 75' lakeshore setback, angled for adequate sight distance, with plantings to serve for the additional privacy needed within the 0 -75' area. In addition, allowing a secured access gate. It was noted there was a discrepancy in the actual wetland /lake boundaries. It was moved by Councilmember Goetten to allow a 6' fence out of the 0 -75' setback, right -of -way, and designated view area with plantings allowed for additional privacy, and directed staff to verify the wetland area. Councilmember Callahan noted that to comply with constructing a fence out of the 0 -75' setback and right - of -way, there would be a gap in the fence, There was no second to the motion. Councilmember Goetten withdrew her motion. It was moved by Councilmember Peterson to allow a 6' fence along the roadway to the wetland area, angled for view protection, including the secured gate, and allowing 3 -1/2' plantings within the designated view protection area. Councilmember Callahan seconded the motion. Mayor Grabek asked what the hardship is to justify the motion proposed? Councilmembers Peterson and Callahan responded to protect the children. Motion, Ayes 2, Nays 3. Mayor Grabek and Councilmembers Goetten and Sime voted nay. Motion failed. It was moved by Councilmember Goetten, seconded by Councilmember Sime, to allow a 3 -1/2' fence along the roadway to the wetland area with suitable plantings and including the secured gate. Bruce Curtiss noted that the plantings needed would be cost prohibitive and that the 3 -1/2' fence does not provide the privacy needed. Motion, Ayes 4, Nays 1. Councilmember Peterson voted nay stating she was in favor of allowing the 6' fence. Motion carried. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 #1104 GREG PERL 109 WESTLAKE STREET ARIANCE RESOLUTION Gregg & Bette Perl were present for this matter. City Administrator Bernhardson explained the request for rear and side setback variances and height variance to construct an addition to existing residence. Planning Commission recommended approval per staff recommendations. Regarding the status of the existing septic system, Assistant Zoning Administrator Gaffron explained staff recommendation that applicant be required to complete interim repairs on the septic system no later than July 1, -1988, with due consideration given to flexibility in that date depending on the status of the Stubbs Bay Sewer Project. Gaffron also noted that applicant has agreed to the attachment of the house to the garage that exists which would eliminate the need for a building -to- building setback. Lee Harren, 3895 Bayside Road, stated that the applicant has been operating a landscaping business from their property for the last three years and has complained to the City several times. His complaints consist of diesel fumes, heavy equipment kept on the property, repair work done in the garage late into the night and weekends, and also disturbing the peace by applicants conflicts with his own employees. Mr. Harren is opposed to the project on the basis that he is not in compliance with the ordinance regarding operation of a business on the property. Staff recalled for the Council that Mr. Perl applied for a Home Occupation permit this past summer, but Council felt a Home Occupation permit was not necessary based on the fact that Mr. Perl stated his entire business operation would be moving to a new location in Plymouth. Mr. Harren stated this was not the case. Gregg Perl stated all his equipment has been moved to Plymouth. Bette Perl stated that they have had a truck hauling firewood in for their residential use. She stated they have a building in Plymouth which is being used for their business. She also stated their has been some equipment on the property being used to put in footings around the garage which was required by the City. C MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 #1104 PERL CONTINUED Mayor Grabek felt this application should be tabled pending signed affidavits by the neighbors. Councilmember Sime stated he was not anxious to approve this based on the assumption that sewer will be put in in the near future, of which he is not entirely convinced. It was moved by Mayor Grabek, seconded by Councilmember Sime, to table this application pending staff review regarding the complaints. Motion, Ayes 5, Nays 0. #1107 LEWIS /TRETTEL 475 LINDEN AVENUE VARIANCE RESOLUTION #2300 City Administrator Bernhardson explained the request for a lot area variance for construction of a residence. Planning Commission recommended approval per staff recommendation subject to improvements on the property not adversely affecting the drainage pattern in the neighborhood. Kathleen Trettel was present for this matter and stated they are requesting renewal of a lot area variance that was granted previous to their purchase of the property and felt that a properly built house should not affect the drainage in the neighborhood. Councilmember Callahan stated he was concerned with the City's responsibility to supervise the drainage if problems arise. Engineer Cook stated that drainage plans would have to be submitted and approved prior to issuance of the. building permit. In this particular case, upon site inspection of the property they felt there would be some added run -off if a house was constructed, but felt it could be controlled by some work being done around the outlet of the existing pipe. Mayor Grabek asked City Attorney Blatz about the City's liability if drainage problems arise. City Attorney Blatz stated that based on the facts in this application with reasonable conditions and legislative procedures she did not feel the City was exposing themselves to liability for any accumulative neighborhood drainage problems. D MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 #1107 LEWIS /TRETTEL CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2300 approving the renewal of lot area variance to construct a residence per staff recommendation. Motion, Ayes 5, Nays 0. Applicant was advised that variance approval is valid for one year only. #1171 LANDMARK CONSTRUCTION INC. 3820 /3830 BAYSIDE ROAD PRELIMINARY SUBDIVISION RESOLUTION #2301 Paul Swanson, President of Landmark Construction, Inc. and Peg Swanson were present for this matter. Mayor Grabek excused himself from the Council for this application due to personal dealings with the applicant. He deferred to Councilmember Callahan as Acting Mayor. Acting Mayor Callahan explained the request for preliminary subdivision approval to create one new building site within the RR -lA zone. Paul Swanson stated he was agreeable with the staff and Planning Commission recommendation except with regard to the riparian lots. He would like to have a maximum of 4 slips to serve 3 lots instead of the,recommended maximum of 4 slips to serve 2 lots. Steve Gardiner, 3770 Bayside Road, showed an enlargement of the property noting that the proposed new road and cul -de -sac will completely enclose his property resulting in a loss of privacy and decreased property value. He noted concern with losing a mature basswood tree by construction of the road. He requested that the actual roadway surface be as far away from his property as possible. Paul Swanson explained where he proposes to construct the roadway surface which will most likely be as far away from the Gardiner and Anderson property as possible in order to save as many trees as possible. He noted that the basswood tree is a City tree and will not be disturbed. Steve Gardiner noted that a portion of the Lofgren residence intrudes on the riparian lot. 'Paul Swanson stated he was aware of the fact that a small portion of the Lofgren's concrete step is on the riparian lot and finds no problem with this. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 #1171 LANDMARK CONSTRUCTION CONTINUED Mary Lou Swenson, speaking on behalf of her mother, Hazel Anderson of 3780 Bayside Road, stated that her mother's house is approximately 15' from the lot line and is concerned with traffic so close to the house. She noted concern with their plans to possibly build a new house on their property. Paul Swanson explained that the roadway surface will be approximately 13' from the lot line Zoning Administrator Mabusth noted that current house setbacks for the Anderson property would be 30' from the side lot line. Paul Swanson noted that the new road will be cutting off the existing easement thus eliminating the existing traffic next to the Gardiner and Anderson property. Acting Mayor Callahan noted a letter from Candace & Jerry Rowlette of 3775 Bayside Road noting their concern with the road placement and use of the riparian lot. Because they would be out of town for this meeting, they asked Council to table action on this application so they could participate in the process, however, if Council did not table action they would appreciate consideration of their concerns as outlined in their letter. Councilmembers Goetten and Peterson felt the application should be tabled as requested by the Rowlette's. Councilmember Sime felt the application should not be tabled if it costs the applicant valuable time and expense and considering that the Rowlette's have - expressed their concerns in the letter. Paul Swanson stated that it was late in the year and he had hoped to get the road in this year so it can settle over the winter. Councilmember Goetten had concerns with the riparian access and asked staff about the status of the Greentree's riparian outlot and its relevance to this situation. Zoning Administrator Mabusth explained that Council used a formula using the total lineage of shoreline which created 3 outlots based on the fact that there was total lineal footage to satisfy 6 lots in a 200' width zone. In this case there was also an existing road and trees. This same formula was used for Planning Commission's consideration of the riparian use of the outlot. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 #1171 LANDMARK CONSTRUCTION CONTINUED It was moved by Councilmember Sime, seconded by Councilmember Goetten, to approve the preliminary subdivision per Planning Commission and staff recommendation including riparian use of outlot to be limited to 2 lots served by a single shared dock (4 slips). Acting Mayor Callahan stated he favored riparian use of the outlot limited to 1 lot (preferably Lot 3) because he felt the inlet should not be included in lakeshore footage, and felt the 2 rear lots were a considerable distance away from the outlot. Councilmember Goetten noted that there are many instances where the inlets are included in the lakeshore footage that allow shared dockage rights. Motion, Ayes 2, Nays 2. Acting Mayor Callahan and Councilmember Peterson voted nay. It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, to approve the preliminary subdivision subject to riparian use of outlot limited to Lot 3 only. Peg Swanson stated that if riparian rights were used by one lot the LMCD would allow up to 8 slips. They propose a homeowners agreement to restrict outlot to four slips in a shared situation. City Administrator Bernhardson stated he understood the LMCD was now using a formula based on water availability units which was 1 slip per 50' of lakeshore not to exceed 4 slips for a residential lot. In light of this information, Acting Mayor Callahan and Councilmember Peterson withdrew their motion and indicated favor of the first motion. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2301 approving the preliminary subdivision per Planning Commission and staff recommendation including riparian use of outlot to be limited to 2 lots served by a single shared dock (4 slips). Motion, Ayes 4, Nays 0. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 #1187 NORTH ARM ESTATES ASSOCIATION A*^ VICTORIA ESTATES ASSOCIATION ( )ITIONAL USE PERMIT/VARIANCE RESOLUTION #2302 Rod Backerud was present on behalf of this application. City Administrator Bernhardson explained the request to dredge the North Arm Channel to allow access on the channel which has been silting up over the years. Two berm areas will be created using the spoils from the suction dredging. The City Engineer has reviewed the proposal. Staff recommends amending the drafted resolution requiring all the affected property owners signing a disclaimer putting them on notice this project may affect the buildability of their lots and /or subdividability of their lots because the project involves major land alteration within certain properties. Zoning Administrator Mabusth read the proposed statement of disclaimer. Alice Fowler, a prospective buyer of 350 North Arm Lane, voiced concern with the berms possibly placing limitations on construction and dividabilty of the property. She also asked about any documentation assuring access to the channel. Mayor Grabek did not feel such a document would exist. City Attorney Blatz noted that the case law states that riparian lots have a right to access. City Administrator Bernhardson noted that the project cannot go into effect until all the property owners sign the resolution of approval and disclaimer. Rod Backerud noted that the DNR and MCWD have given permission to dredge. Regarding the time table for this project, City Engineer Cook recommended a change from May 15 to October 1, 1988 as the deadline. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2302 approving the conditional use permit amending the deadline date to October 1, 1988 and subject to all property owners signing the resolution. Motion, Ayes 5, Nays 0. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 #1203 LEHMEYER /MADDEN ?--1350 CRESTVIEW AVENUE DIVISION OF A LOT LINE REARRANGEMENT RESOLUTION #2303 Rose Madden was present for this matter. City Administrator Bernhardson explained the request to change a lot line boundary between 320 and 350 Crestview Avenue. Planning Commission recommended approval. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2303 approving a metes and bounds subdivision of a lot line rearrangement. Motion, Ayes 5, Nays 0. #1209 TINA WHITE 2150 PROSPECT AVENUE VARIANCE RESOLUTION #2304 Tina White was present for this matter. City Administrator Bernhardson explained the request to replace an existing dilapidated porch with a slightly larger solarium room that will further encroach the side setback by 41. It was moved by Councilmember Goetten, seconded by Councilmember Sime, to adopt Resolution #2304 approving the variance as proposed. Motion, Ayes 5, Nays 0. #1211 GERALD NESLUND 1225 ORONO OARS DRIVE CONDITIONAL USE PERMIT/VARIANCE RESOLUTION #2305 Leo Hamilton was present representing Gerald Neslund. City Administrator Bernhardson explained the request to construct a driveway through a designated wetland to serve a vacant lot. He reviewed the most direct route recommended by the staff and City Engineer. Councilmember Goetten noted concern with the wetland expanding further causing an impact on.the driveway. Assistant Zoning Administrator Gaffron stated he felt the driveway would be built in consideration of the expanding wetland. Mr. Hamilton and City Engineer Cook verified this. 14 MINUTES OF #1211 NESLUND THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 CONTINUED It was moved by Councilmember S„ime, seconded by Councilmember Goetten, to adopt Resolution #2305 approving the request per staff recommendation and subject to the condition that the culvert underneath the driveway shall be 24..inches in diameter. Motion, Ayes 5, Nays 0. #1215 SMITH BAY MARINA 1955 SHORELINE DRIVE CONDITIONAL USE PERMIT RESOLUTION #2306 Vern Larsen was present representing Mr. Toberman, owner of Smith Bay Marina. City Administrator Bernhardson explained the request for a.variance and conditional use permit to construct a seawall. The seawall consists of a non - galvanized material. A photo of a similar seawall was shown. Zoning Administrator Mabusth noted an additional condition staff is recommending be incorporated into the drafted resolution stating "in no case shall the installation of a seawall result in any reclaimation of land areas below the 929.4 elevation but shall be placed at the normal shoreline elevation as shown on Exhibit P entitled 'Site Plan Locating Retaining Wall'. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2306 approving the seawall as proposed including the above stated condition. Motion, Ayes 5, Nays 0. #1219 ORONO COMMUITY CHURCH 770 OLD CRYSTAL BAY ROAD AFTER -THE -FACT CONDITIONAL USE PERMIT RESOLUTION #2307 A representative from the Orono Community Church was present for this matter. City Administrator Bernhardson explained the request for an after - the -fact conditional use permit for the operation of the Busy Beaver Day Care Center within the Orono Community Church. Council conceptually approved the request at their October 26th meeting, and Planning Commission recommended approval at at their November 16th meeting. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2307 approving the after - the -fact conditional use permit. Motion, Ayes 5, Nays 0. 15 MINUTES OF THE REGULAR #1224 MINNETONKA BOAT WORKS 19 SHORELINE DRIVE A. ER -THE -FACT CONDITIONAL RESOLUTION #2308 ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 USE PERMIT/VARIANCE A representative of Minnetonka Boat Works was present for this matter. City Administrator Bernhardson explained the request for an after - the -fact conditional use permit and variance for upgrading and expansion of the boat lift. Council conceptually approved the request at their October 26th meeting, and Planning Commission recommended approval at at their November 16th meeting. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2308 approving the after - the -fact conditional use permit and variance as proposed. Motion, Ayes 5, Nays 0. #1220 ROBERT ROEHNEN 537 HANLON AVENUE VARIANCE RESOLUTION #2309 City Administrator Bernhardson asked to have this application added to the agenda for Council action based on a verbal commitment by staff that this item would be brought directly to Council after the Planning Commission meeting which staff had overlooked and was brought to their attention by Councilmember Goetten. City Administrator Bernhardson explained the request for a front setback variance to construct a 161x 24' room addition extending the front line of the house which has a substandard setback. Planning Commission recommended approval. Applicant was not present for this matter. .Councilmember Goetten stated that applicant was very concerned about getting the addition started before winter set in. She told applicant that Council would consider the application at this meeting. She asked Council to consider this application in applicant's absence. Staff noted that there was-no opposition from the public at the Planning Commission public hearing meeting. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2309 granting the variance to construct the room addition as proposed. Motion, Ayes 5, Nays 0. 16 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 MAYOR'S REPORT: Mayor Grabek asked about the impact of the type of fill being used in the berm at 4220 Sixth Avenue North. It was his understanding the the berm would be created using fill from the 394 project which has not yet begun. He asked if they are allowed to use concrete in the fill? City Administrator Bernhardson stated that the property owner was requested to remove some of the concrete being used. However, he noted that the resolutions did not specifically state "clean" fill, which staff will specify from this point on in resolution regarding fill. Mayor Grabek asked if there would be a problem with using concrete in the berm. City Engineer Cook stated the problem would be large slabs of concrete creating a potential for rodents. CITY ADMINISTRATOR'S REPORT: FINAL PLANS /FINANCING ALTERNATIVES - COUNTY 15 City Administrator Bernhardson introduced Ted Hoffman and Al Herzog from Hennepin County who will be presenting final plans for upgrading County Road 15. He reviewed the types of financing for consideration. Staff recommends that Council review and approve the final plans and table the financing issues after discussion for a recommendation and preliminary action until the December 14th Council meeting: Ted Hoffman explained that this project started in October 1984 and that the final plan is in accordance with the preliminary plan approved in 1984. The project would dictate 160' working day which is more than one construction season, therefore, they have put in a special provision for 120 working days thereby involving some 12 hour days. Spring Park has approved the project. Ed Layman asked how they propose pedestrians to cross County 15? Mr. Hoffman stated that there is a stoplight at County 15 & 19 for a safe crossing area, however, crosswalks are not a part of this plan. Public Works Director Gerhardson explained the procedure for designating crosswalks whereas the City requests the areas for the desired crosswalks, the County provides the signs and the City pays for the striping of the crosswalk. Currently, there is one designated crosswalk in Navarre. 17 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 COUNTY 15 FINAL PLANS CONTINUED Wayne Storlien, owner of the Delo Barber Shop, voiced concerns with the elimination of the curbside parking and would like to plan to extend the curbside parking beyond the business district buildings. Public Works Director Gerhardson stated he is reviewing this noting that there is a right -of -way problem involved. John Lenox, owner of the Delo Barber Shop buildings, noted there is an hazardous condition involving the apron and easement where there is a potential for vehicles to collide with the actual building.. He also asked if the City could designate Park & Ride parking spaces in the municipal lot because the majority of the parking stalls closest to the businesses are being used by Park & Ride cars (approximately 25 -30 cars parked f rom 6 AM to 6 PM) . Al Herzog stated they could adjust the roadway somewhat to eliminate the hazard. Regarding the Municipal Parking lot, Mayor Grabek felt the City should reaccess that parking area. Carol Page asked if the speed limit would be decreased on County 15? Al Herzog stated that the speed limit will be set by the Highway Dept., however, the road is designed for 35 mph speed limit. . Sandy & Joe Rauschendorfer, 3895 Shoreline Drive, noted that that plan allocates a 20' driveway entrance as opposed to 38' that currently exists. They feel they need at least 36' in order to accomodate more than two cars. She stated that they currently have a privacy fence to buffer the noise and pollution from the road, will this fence be replaced? Al Herzog stated that they would be compensated and fence replaced. He did not feel they could accommodate a 36' driveway entrance. He believed the existing driveway entrance was only 301. He stated they would review this situation. Cort McFarland, manager of the D'Vinci's building, asked how long the sidewalk construction would take and what would be provided in the interim for shoppers? MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 COUNTY 15 FINAL PLANS CONTINUED Al Herzog stated it could take as little as 5 days weather permitting. He noted that the contractor has to provide some type of walking area (i.e. pallets) during the sidewalk construction. David Bye, 3496 Shoreline Drive, noted concern with the snow removal in the Navarre area. Public Works Director Gerhardson.stated the City can schedule more frequent removal of the snow piled in that area. Lowell Zitzloff, 3501 Shoreline Drive, was concerned that the sidewalks would encourage children alongside this road and their safety. Karen Pederson, 2413 Carman Street (across from Lowell's Auto Parts), noted that there has been many rear -end collisions at that intersection and felt that with the sidewalk taking up extra roadway will create even more collisions. Al Herzog stated that even with the sidewalks, there will be more roadway than exists. Larry Sohns, 3770 Shoreline Drive, stated that the people did not need or want to pay for a sidewalk. Comments were made from the audience that the sidewalks were a community improvement and the entire community should pay for the improvement. Joe Rauschendorfer asked about the impact of drainage from the upgraded road and the location of mailboxes. Al Herzog stated that the drainage will remain on the street and the mailboxes will be boxed out. Mary Butler suggested that the entire Navarre water district be assessed for the improvements because they will be the prime users of the sidewalk. Mayor Grabek felt that was a good point and believed that the assessment could be worked out fairly. Lowell Zitzloff felt crosswalks should be considered further. Mayor Grabek agreed. Liza Crear, 3701 Shoreline Drive, submitted a petition from abutting property owners who are against the sidewalk and /or paying for it. She noted concern for 19 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 COUNTY 15 FINAL PLANS CONTINUED safety of children on the sidewalk and their liabilities. She is also concerned with the added expense of sidewalk snow removal and losing landscaping and parking area at her Casco Run Office building. 1988 FEE SCHEDULE Mayor Grabek noted that the City is reviewing the possibility of maintaining the sidewalk snow removal. There were no further comments from the public. It was moved by Mayor Grabek, seconded by Councilmember Sime, to accept the final project plans as presented contingent upon review of the agreement by the City Attorney; and table the preliminary financing plan until the December 14, 1987 Council meeting. Motion, Ayes 5,Nays 0. Council requested a copy of the 1987 Fee Schedule for comparison to the proposed 1988 Fee Schedule. It was moved by Councilmember Sime, seconded by Councilmember Callahan, that Council acknowledge receipt of proposed 1988 Fee Schedule and table until December 14, 1987 the final approval of 1988 Fee Schedule Ordinance together with the summary ordinance for publication. Motion, Ayes 5, Nays 0. TAX FORFEITED PROPERTIES* RESOLUTIONS #2310 AND #2311 It was moved by Councilmember Sime, seconded by Councilmember Callahan, that the Council adopt Resolutions #2310 and #2311 regarding parcels of tax forfeited properties together with directing staff to explore the park usage of these properties. Motion, Ayes 5, Nays 0. 1988 ANIMAL CONTROL CONTRACTS* It was moved by Councilmember Sime, seconded by Councilmember Callahan, that the City of Orono agrees to enter into contracts with the cities of Spring Park and Minnetonka Beach for animal control services for 1988. Motion, Ayes 5, Nays 0. UNCOLLECTED N.S.F. CHECKS AND CHARGE SALES - 1986 -1987* RESOLUTION #2312 It was moved by Councilmember Sime, seconded by Councilmember Callahan, to adopt Resolution #2312 declaring certain N.S.F. checks and charges uncollectable and removing them from the City accounts effective October 31, 1987. Motion, Ayes 5, Nays 0. 20 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 FINAL LIQUOR STORE CLOSE OUT REPORT* It was moved by Councilmember Sime, seconded by Councilmember Callahan, to approve the close out of Liquor Operating Fund and transfer of cash and interest receivable balances to the General Fund effective October 31, 1987, in the amount of $153,904.03. Motion, Ayes 5, Nays 0. COMMENDATION - ORONO HIGH SCHOOL FOOTBALL TEAM* RESOLUTION #2313 It was moved by Councilmember Sime, seconded by Councilmember Callahan, that the City Council of the City of Orono adopt Resolution #2313 of Congratulations commending the Orono High School Football Team for their excellent 1987 season. Motion, Ayes 5, Nays 0. 1988 HEALTH INSURANCE* It was moved by Councilmember Sime, seconded by Councilmember Callahan, that the Council formally withdraw from the participation in the County's health and life plan and direct staff to contract individually with the health insurance companies for 1988 and explore the joint and individual options for health care coverage for 1989. Motion, Ayes 5, Nays 0. 1988 STRATEGIC OBJECTIVES* ' It was moved by Councilmember Sime, seconded by Councilmember Callahan, the Council acknowledges receipt of 1988 Strategic Short Term Objectives. Motion, Ayes 5, Nays 0. CANCELLATION - DECEMBER 28, 1987 COUNCIL MEETING ' SET COUNCIL WORK SESSION - WEER OF DECEMBER 7, 1987 It was moved by Mayor Grabek, seconded by Councilmember Sime, to establish a work session on December 7, 1987 at 5:30 P.M. to discuss comparable worth and space consultant progress. The Council additionally authorizes the City Treasurer to disburse City funds in payment of claims received for the December 28th Council meeting, which has been cancelled, and that such paid claims are to be presented at the January 11, 1988 regular Council meeting for formal approval. Motion, Ayes 5, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Sime, seconded by Councilmember Callahan, to accept City Administrator Bernhardson's Information Report regarding: 200 Hollander Road, 1160 North Arm Road, 3536 Lyric Avenue, 4635 Tonkaview, and Space Consultant Status. Motion, Ayes 5, Nays 0. 21 v 4. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 CITY ATTORNEY'S REPORT: City Attorney Blat'z had no report. LICENSES* It was moved by Councilmember Sime, seconded by Councilmember Callahan, to approve the following licenses: Solicitor's License - Discount Flowers Septic System Installer - Northern Plumbing & Htg. Residential Kennel License - Frank Yusup, 2200 French Creek Circle Motion, Ayes 5, Nays 0. BILLS* It was moved by Councilmember Sime, seconded by Councilmember Callahan, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. ADJOURNMENT 10:55 P.M. It was moved by Councilmember Peterson, seconded by Councilmember Sime, to adjourn the regular Council Meeting at 10:55 P.M. Motion, Ayes 5, Nays 0. ATTESM : -othy M.. llin, City Clerk Jame' R. Grabek, Mayor 4 22