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Home My WebLink About06-12-1989 Council Minutes.�:d • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 12, 1989 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Nettles, Peterson and Callahan. The following represented the City staff: Acting City Administrator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron, City Engineer Cook, City Attorney Barrett, and City Recorder Scheffler. CONSENT AGENDA* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the Consent Agenda. Motion, Ayes =5, Nays =O, Motion passed. APPROVAL OF MINUTES* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the Minutes of the May 22, 1989 Regular Council Meeting. Motion, Ayes =5, Nays =O, Motion passed. APPROVAL OF MINUTES* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the Minutes of the Reconvened Board of Review •Meeting of May 24, 1989. Motion, Ayes =5, Nays =O, Motion passed. LAKE MINNETONKA CONSERVATION DISTRICT REPORT Mr. Eugene Strommen was present to update the Council and Mayor Grabek regarding the Eurasian Milfoil project. Funding for the milfoil project has reached its goal, with $168,000.00 being contributed. The harvesting equipment is due to arrive within a week. The harvesters are unique in that it is propeller driven. They will cut a swath 15' wide and will pull the weeds into a center platform that has a 3 ton capacity. The DNR is limiting the amount of weed that the LMCD can harvest. Mayor Grabek questioned why that was so. Mr. Strommen explained that the DNR is concerned that harvesting the milfoil may upset the aquatic balance of the lake. If this were to happen, algae would grow. Mayor Grabek asked why cutting was more effective than using chemicals to eradicate the weed? Mr. Strommen replied that the weed, and consequently the chemicals, would remain in the lake, once the weed died. He also noted that cutting would not spread the weed any more than it would be capable of doing on its own through propagation. Mr. Strommen also reported on the status of the Comprehensive Plan. He said that the Shoreline Management portion of the plan was currently being printed and would be ready for review shortly. Mayor Grabek expressed his concern •regarding the possibility of Orono loosing jurisdiction over shoreline regulations. Councilmember Goetten commented that Orono has always been very strict in regard to such regulations and she did not wish to see any of the regulations relaxed. 1 • MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 12, 1989 LMCD REPORT CONTINUTED Zoning Administrator Mabusth interjected that the LMCD concurred with Orono's tough stand on shoreline development. As a final note, Mr. Strommen informed the Council that the LMCD would be waiving the need for residents to obtain a dock extension permit. He said the LMCD would monitor dock extensions to insure that they were done in a safe, reasonable manner, but no permit would be necessary. PUBLIC COMMENTS There were no public comments. PLANNING COMMISSION REPRESENTATIVE Planning Commission Representative, Sarah Moos was present, but had no comments at this time. ZONING ADMINISTRATOR'S REPORT: #1326 WAYZATA COUNTRY CLUB 200 WAYZATA BOULEVARD SUBDIVISION- PRELIMINARY PLAT APPROVAL RESOLUTION Mr. John Downey, of the Wayzata Country Club, the applicant, • Ronald Lauer, and Mr. Larry Berg, attorney for the Wayzata Country Club, were present for this matter. Assistant Planning and Zoning Administrator Gaffron provided a brief summary and update regarding this application for a subdivision. He noted that the Planning Commission had voted 2- 4 to approve this subdivision and had been concerned about the point of access for Mr. Lauer's property. Gaffron said that Mr. Lauer would require a lot width variance and a variance for lack of frontage on a public roadway. He said that staff is recommending approval. Councilmember Goetten asked about a pending agreement between Mr. Lauer and Mr. Leo Hauser regarding access. Gaffron clarified that at the May 15, 1989 Planning Commission Meeting, Mr. Hauser proposed allowing Mr. Lauer to access his new subdivision via a portion of Mr. Hauser's property. Since that time, however, Mr. Lauer felt that was not the best way to proceed. Councilmember Callahan relayed his concerns about the safety of the existing private driveway that serves the houses in that area. He said that the road was extremely narrow and he had experienced difficulty when meeting another vehicle. •Mr. Lauer expressed his concerns for Mr. Hauser's proposal, saying that placing the access point in such a location would create a sight distance problem, especially in the winter. Gaffron depicted the various options available for accessing MINUTES OF THE ORONO COUNCIL METING OF JUNE 12, 1989 ZONING FILE #1326 - WAYZATA COUNTRY CLUB CONTINUED • Mr. Lauer's property. Mr. Berg addressed the Council and Mayor Grabek, and said that access through Mr. Hauser's property would create a steep driveway to Mr. Lauer's home. He added that Mr. Lauer would require additional variances if he abandoned his original proposal, which required only two variances. He said that Mr. Lauer would be willing to buffer his driveway from Mr. Hauser's property. Mr. Hauser disagreed with Mr. Lauer's proposal and believed it would be far more dangerous to create another access onto the existing private drive. He said there had already been a couple of accidents and many near misses involving vehicles trying to access onto North Ferndale. This was due to excessive foliage that hindered sight distances. Mrs. Hauser questioned the City's standard widths for public roads and private drives. City Engineer Cook said that public roads were to be 24', a private drive would be about 12' noting that the City does not set a minimum standard for private driveways. Cook noted that Gaffron's option involving a cul -de- sac accessing directly onto North Ferndale would be the most sensible option. Mr. Al Greig reiterated the concerns he had regarding the • proposed retention pond and berm. He believed that the retention pond would create more drainage problems. City Engineer Cook addressed Mr. Greig's concerns. Councilmember Goetten questioned whether the 4" pipe would be sufficient to drain the water. Cook responded that it would be sufficient to drain the pond and prevent excessive runoff from the Chevy Chase properties. Mr. Berg interjected that if it were the residents' concensus, his client would omit the retention pond. Mayor Grabek expressed his concerns for the serious issues involved with this subdivision. He said it was Mr. Lauer's responsibility to protect the neighbors from runoff created by the development of his property, and that the applicant had addressed those concerns, but the access issues required further consideration. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to table this item. Motion, Ayes =S, Nays =O, Motion passed. #1391 TERRY SADLER 1395 BALDUR PARR ROAD CUP/VARIANCE RESOLUTION Mr. Sadler was present for this matter. • Assistant Planning and Zoning Administrator Gaffron explained that Mr. Sadler was requesting a conditional use permit MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 12, 1989 • ZONING FILE #1391 - SADLER CONTINUED and variances for the purpose of constructing a retaining wall. The City Engineer has reviewed this application and recommended that the retaining wall extend to a point 80' from the lakeshore at full height and then taper to the ground in the next 10' to a point 70' from the shoreline. Cook felt this revision to the applicant's proposal would be more in keeping with the City's regulations concerning filling and grading within 75' of the lake. Mr. Sadler stated that the City Engineer's proposal would not alleviate the sloped area, and mowing or otherwise maintaining that area would be very difficult. He also stated that the revised plan would not limit runoff from the slope onto his neighbor's property. Councilmember Callahan stated that he disliked the proposal allowing 5' of retaining wall to encroach into the 0 -75' zone. He also felt that placement of the wall so close to the shared lot line, could create future problems between the property owners. Councilmember Goetten concurred with Callahan. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to deny application #1391, and direct •staff to draft a denial resolution. Motion, Ayes =S, Nays =O, Motion passed. #1397 ART CENTER OF MINNESOTA 2180/2240 NORTH SHORE DRIVE LOT LINE REARRANGEMENT RESOLUTION #2639 Ms. Michelle Frahm was present, as was Ms. Ann Stover, Executive Director of the Art Center. Zoning Administrator Mabusth informed the Council and Mayor Grabek that the Art Center was presenting a Quit Claim Deed that would provide the County with a 33' right -of -way. All other aspects of this metes and bounds subdivision have been met. The tennis court will now meet the required 10' setback. A total of 62 parking stalls will be provided. Mabusth said that she had received a request from the Art Center to waive the requirement of a letter of credit. Ms. Frahm explained that in light of no new development actually occurring with this subdivision application, that a letter of credit should not be a requirement. Ms. Stover added that the required screening, lighting and parking would be achieved with minimal expense. Mayor Grabek expressed his preference to have some form of •letter of credit. Ms. Frahm suggested that the Art Center be required to place a certain sum in an escrow account in lieu of a letter of credit. Councilmember Callahan indicated that he would not object to that. Mayor Grabek suggested that the sum of $5,000.00 be escrowed. 4 MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 12, 1989 ZONING FILE #1397 -ART CENTER OF MINNESOTA CONTINUED • It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2639, approving the lot line rearrangement for the Art Center of Minnesota, and requiring the Art Center to place an appropriate sum in escrow in lieu of a letter of credit. Motion, Ayes =5, Nays =O, Motion passed. #1401 JOHN FIBBELRORN 2730/2740 SHADYWOOD ROAD LOT LINE REARRANGEMENT FINAL APPROVAL RESOLUTION #2640(a), #2640(b) Mr. Fiebelkorn was present for this matter. There were no expressed concerns on behalf of the Council, nor the applicant. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2640(a) and #2640(b), approving the lot line rearrangement and variance for John Fiebelkorn. Motion, Ayes =S, Nays =O, Motion passed. #1402 JOHN LEHMEYER 320 CRESTVIEW AVENUE VARIANCE RESOLUTION #2641 • Mr. Lehmeyer was present for this matter and indicated that he had no questions or objections. There was no further discussion on behalf of the Council. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2641, approving the rear setback and structure -to- structure variance for John Lehmeyer. Motion, Ayes =5, Nays =O, Motion passed. #1403 3205, 3215, 3255 AND 3265 CRYSTAL BAY ROAD CUP/VARIANCE RESOLUTIONS #2642, #2643, #2644 Mr. and Mrs. Schupp, Ms. Wolfe and Mr. Erger were present for this matter. Zoning Administrator Mabusth advised the Council that the Resolutions would be amended to omit the language pertaining to the requirement of a building permit for installation of retaining walls. There were no further comments or questions on behalf of the applicants, nor the Council. It was moved by Mayor Grabek, seconded by Councilmember • Nettles, to adopt Resolutions #2642, #2643, #2644, approving the conditional use permit and variance for Erger, Wolfe, Schupp and Anderson. Motion, Ayes =S, Nays =O, Motion passed. MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 12, 1989 • #1404 JOHN MIKLETHUN /HAROLD HAUG 1385 CHERRY PLACE VARIANCE RESOLUTION #2645 The applicants were not present for this matter. The Council expressed no concerns regarding this application for a lot area variance. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2645, approving the lot area variance in order to construct a single family residence. Motion, Ayes =S, Nays =O, Motion passed. #1406 DENNIS KUMLIN 2665 FOX STREET PRELIMINARY SUBDIVISION RESOLUTION #2646 Mr. Kumlin was present for this matter and indicated that he understood and had no objections to the proposed Resolution. There were no concerns on behalf of the Council. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2646, approving the preliminary is subdivision for Dennis Kumlin. Motion, Ayes =5, Nays =O, Motion passed. 11407 LEOPOLD HAUSER 475 FERNDALE ROAD NORTH SUBDIVISION REPLIMINARY PLAT APPROVAL Mr. and Mrs. Hauser were present for this matter. Councilmember Callahan suggested that this application be tabled due to the need to further examinine the issue of access location for the Wayzata Country Club's application. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to table this application. Motion, Ayes =5, Nays =O, Motion passed. #1408 SMITH BAY MARINA 1955 SHORELINE DRIVE RENEWAL VARIANCES RESOLUTION #2648* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2648, renewing the variances and approving the commercial site plan for the Smith Bay Marina. Motion, Ayes =5, Nays =O, Motion passed. • �` 6 MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 12, 1989 #1409 JANN /RENEE OLSTEN • 3090 FARVIEW CONDITIONAL USE PERMIT RESOLUTION #2647 Mr. Olsten was present for this matter. There was no request for further discussion on behalf of the applicant nor the Council. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2647, approving the conditional use permit for Jann and Renee Olsten. Motion, Ayes =5, Nays =O, Motion passed. #1410 RON AND JULIE PRINEAS 1980 HERITAGE DRIVE VARIANCE Mr. and Mrs. Prineas were present for this matter, as was their Realtor, Carol LaQuay, and their surveyor, Mr. Cardarelle. Assistant Planning and Zoning Administrator Gaffron informed the Council of the major issues involved with this application. At the May 15, 1989 Planning Commission Meeting, access became thisissue of concern. The applicants' are proposing access to the non - homestead parcel directly off of County Road 15. They obtained a letter from Mr. David Zetterstrom of Hennepin County • indicating that the County had no objections to such a proposal. Mr. and Mrs. Robert Stierna, neighboring property owners, expressed their concerns for safety should a new access onto County Road 15 be created. The Planning Commission suggested that the applicants explore the possibility of sharing Mr. and Mrs. Stierna's driveway. Mr. and Mrs. Stierna had indicated that could be an option, in addition the option of accessing the property from the rear using an existing easement. Mr. Stierna said that he had determined that sharing a driveway would not be beneficial. He briefly explained the easement that was reflected on his certificate of title. Ms. LaQuay advised the Council on the history of the easement to which Mr. Stierna referred. She said that it had since been extinguished as it was no longer necessary once Heritage Drive was constructed. Councilmember Goetten said that she disliked the proposed location of the driveway. Councilmember Nettles concurred and suggested that the driveway be configured away from the Stierna's property line. Gaffron said that locating the driveway further north elsewhere could interfere with the front alternate drainfield site. Gaffron suggested that a third site to the rear of the property be tested for mound system capabilities. If the site is suitable, the alternate site to the front of the property could be eliminated. This would allow for the driveway to be • located more to the center of the parcel, and would also provide a slight increase in the size of the building envelope. 7 MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 12, 1989 • ZONING FILE #1410 - PRINEAS CONTINUED Councilmember Callahan questioned whether a lot line rearrangement had been copsidered by the applicants? Gaff ron replied that the applicants were aware of such an option, but preferred to proceed with this plan. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to table this application until the June 26, 1989 Council Meeting in order to allow the applicants to test for a third septic system location. Mr. Prineas indicated that he preferred not to have this matter continue any longer. Councilmembers Goetten, Nettles and Mayor Grabek indicated that they could not vote to approve the current proposal. Motion, Ayes =5, Nays =O, Motion passed. ENGINEER'S REPORT LIVINGSTON AVENUE DRAINAGE Ms. Karen Cuff was present for this matter and distributed information pertaining to testing for possible contaminants located on their property. She explained that there would be a cost between $700 and $1500.00 to have the testing done if no contaminants were found to exist in dangerous levels. She questioned whether the City had any responsibility in this regard. • Mayor Grabek responded that the City of Orono had no such responsibility. Councilmember Goetten added that a precedent would be set if the City were to pay to have soil testing done on her private property. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to agree that Ms. Cuff proceed with soil testing at no cost to the City of Orono. Motion, Ayes =5, Nays =O, Motion passed. Ms. Cuff expressed her concern involving liability on her behalf should an above ground drainage system be used and contaminants are found downstream from her. Councilmember Callahan said that the City could proceed with a Public Hearing to obtain input from neighboring property owners regarding storm sewer installation. Acting City Administrator Gerhardson noted that Ms. Cuff had not obtained the required number of signatures on a petition to warrant a Public Hearing. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to table this item until the required number of signatures are obtained on a petition. Motion, Ayes =5, Nays =O, Motion passed. • 1989 SEAL COAT BID AWARD It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to accept Allied Blacktop's bid of $68,200.40. Motion, Ayes =5, Nays =O, Motion passed. MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 12, 1989 MAYOR /COUNCIL REPORT: CITY ADMINISTRATOR TERMS OF CONTRACT Councilmember Goetten said that she and B, but disagreed with paragraph C. Administrator should be required to give of resigning. Councilmember Peterson After a brief discussion, Mayor Grabek i notice of resignation. agreed with paragraphs A She felt that the City more than 45 days notice concurred with Goetten. igreed to require 60 days Councilmember Callahan questioned whether it was appropriate to provide the City Administrator with 3 months salary for involuntary termination. In his opinion, even though termination may not occur due to a criminal violation, any behavior leading to termination should not be awarded with 3 months severance pay. Mayor Grabek explained to Callahan that severance pay was part of the negoiated contract and was a common practice for executives. Councilmember Goetten asked Mayor Grabek whether it would be possible to divide the motion into two sections. She said due to the fact that she voted against the additional .5% raise for the City employees, she felt the need to be consistent. However, she had no objections to a 3% increase, 60 days notice and the remaining terms of the Contract. Councilmember Peterson concurred. It was moved by Mayor Grabek, seconded by Councilmember • Nettles, to accept the terms of the City Administrator's Contract as outlined in the proposed Appendix "D" and a 3.5% salary increase, with the exception that 60 days notice of resignation be given. Motion, Ayes =3, Goetten, Peterson, Nay, Motion passed. SUBCOMMITTEE MEMBERS -ORAL STATUS REPORTS: J. DIANN GOETTEN -LAKE ACCESS - None ALAN NETTLES -LAKE USE - None JEANNE MABUSTH - ONSHORE RELATED FACILITIES - None ORONO CENTENNIAL Mayor Grabek said that Orono would be celebrating its 100th anniversary. He proposed celebrating the centennial by having a ball at the Lafayette Club and encouraging the construction of parade floats. Additionally, a Medina resident, Mr. Jim Roehl, will be writing a book on the history of Orono. Mayor Grabek requested approval from the Council to send a letter to Orono residents seeking contributions for these activities. He said that he had contacted the Western Hennepin County Pioneers Museum and they have agreed to be the established foundation to which donations can be sent. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to send a letter to the residents of Orono apprising • them of the planned celebration and requesting donations. Motion, Ayes =S, Nays =O, Motion passed. 9 - 0 MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 12, 1989 CITY ADMINISTRATOR'S REPORT: FACILITY SITE TOUR ARRANGEMENT The Council agreed to set Thursday, June 29, 1989 as the date to tour and review the Mendota Heights, Savage, and Champlin public works, police and administration facilities and the South Lake Minnetonka Police facility. EMPLOYEE RECOGNITION PROGRAM Acting City Administrator Gerhardson informed the Council and Mayor Grabek that the City wished to initiate an employee recognition program for length of service. This being an informational item, there was no motion. CHANGES IN MINNESOTA LIQUOR STATUTE This was an information item to update the Council and Mayor Grabek on the recent changes in Minnesota Liquor Statutes. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this matter tothe June 26, 1989 Council Meeting. Motion, Ayes =S, Nays =O, Motion passed. HIGHWAY 12 GOALS AND OBJECTIVES It was moved by Councilmember Callahan, seconded by • Councilmember Nettles, to send a letter to Mr. Bruce thanking him for his concerns and direct staff to send a letter to MNDOT District 5 to request the review of goals and objectives by the public be a step as part of the feasibility study. Motion, Ayes =5, Nays =O, Motion passed. CITY ADMINISTRATOR DRAFT 89 -90 GOAL SETTING It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this item until the June 26, 1989 Council Meeting. Motion, Ayes =5, Nays =O, Motion passed. FACSIMILE MACHINE* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the purchase of the Harris /3M 2250 Facsimile Machine for $2,297.00, which does not include a maintenance agreement. Motion, Ayes =S, Nays =O, Motion passed. TRANSFER OF FUNDS M.S.A. CONSTRUCTION FUND TO PERMANENT IMPROVEMENT REVOLVING FUND* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to transfer $190,000 from the Municipal State Aid Construction Fund to the Permanent Improvement Revolving Fund as reimbursement for monies expended for the County Road 15 street improvement project in the Navarre area. Motion, Ayes =S, Nays =O, Motion passed. 1990 PRELIMINARY BUDGET GUILELINES* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept the information and present their directions to staff and table the item for future discussion. 10 MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 12, 1989 Motion, Ayes =5, Nays =O, Motion passed. ADMINISTRATOR'S INFORMATION It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept the City Administrator's Information regarding: 1950 Shoreline Drive; 1972 Shadywood Road; Bicycle Race; Legislative Summary- Senator Gen Olson's Letter; 4555 Wayzata Boulevard /Train Accident; Summary of Receipts and Disbursements -April Year to Date and Electronic Funds Transfers. Motion, Ayes =5, Nays =O, Motion passed. CITY ATTORNEY'S REPORT: There was no report from City Attorney Barrett. LICENSES* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the following licenses: Garbage & Refuse Collector: Septic System Installer: Baldy Sanitation, Inc. 5906 Henry Street Maple Plain Quickway Excavating Co. Route 3, Box 3 Rockford, MN Hayes Excavating Route 1, Box 202 Montrose, MN Motion, Ayes =5, Nays =O, Motion passed. BILLS* It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve payment of the All Funds Accounts. Motion, Ayes =5, Nays =O, Motion passed. ADJOURNMENT 10:15 P.M. It was moved by Councilmember Nettles, seconded by Councilmember Nettles, to adjourn the Regular Council Meeting at 10:15 p.m. Motion, Ayes =5, Nays =O, Motion passed. JamAs R. Grabe , ayor 7, 0