HomeMy WebLinkAbout06-26-1989 Council Minutes.r
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD JUNE 26, 1989
ATTENDANCE 7:00 P.M.
The Council met on the above date with the following members
present: Mayor Grabek, Councilmembers Nettles, Goetten, Callahan
and Peterson. The following represented the City staff: City
Administrator Bernhardson, Assistant Planning and Zoning
Administrator Gaffron, Public Works Director Gerhardson, City
Attorney Representative Whitney, City Engineer Cook and City
Recorder Scheff ler.
CONSENT AGENDA*
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to approve the Consent Agenda. Motion,
Ayes =5, Nays =O, Motion passed.
GOVERNMENT FINANCE OFFICERS ASSOCIATION
Mr. Fred Christiansen presented the Mayor and the Council
with a certificate of achievement for excellence of financial
reporting. The certificate of achievement is the highest form of
recognition that the Government Finance Officers Association
gives. Mayor Grabek asked Finance Director, Thomas Kuehn, to
come forward for the presentation. Mr. Christiansen said that on
•a National level, Minnesota was a leader in the GFOA program and
is ranked #6 with regard to the total number of recipients of
this award.
APPPROVAL OF MINUTES*
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to approve the Minutes of the June 12,
1989 Regular Council Meeting. Motion, Ayes =5, Nays =O, Motion
passed.
PUBLIC COMMENTS
There were no comments from the Public.
ZONING ADMINISTRATOR'S REPORT:
#1326 WAYZATA COUNTRY CLUB
200 WAYZATA BOULEVARD
SUBDIVISION- PRELIMINARY PLAT APPROVAL
AND
#1407 LEOPOLD & HELEN HAUSER
475 NORTH FERNDALE ROAD
SUBDIVISION PRELIMINARY PLAT APPROVAL
City Administrator Bernhardson said that this item and
application #1407, Leo Hauser, were linked because of the access
issue being resolved by a proposal and compromise on behalf of
Mr. Lauer and the Hausers. The proposal would omit the flag lot
•and the need for another access onto the private road. It would
provide Mr. Hauser with a portion of adjacent property northwest
of the existing residence and would allow the trees in that area
to remain. All three lots would access directly onto North
Ferndale Road.
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MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 26, 1989
ZONING FILES #1326 & 1407- WAYZATA COUNTRY CLUB /HAUSER
Assistant Planning and Zoning Administrator Gaffron
explained that there were various options available if this
proposal were approved. The Hauser application could be combined
with the Wayzata Country Club application into one plat. Gaffron
said that he had no preference as to how to proceed in this
regard, but felt that it may be less complicated to combine the
two into one. Gaffron noted that the Hausers prefer to have a
separate access onto North Ferndale. Gaffron said that the City
would recommend that all three lots be served by the one existing
curb cut off of North Ferndale.
Mrs. Helen Hauser said that she had four reasons why they
preferred a separate access. She said that shared driveways are
a concern from a real estate point of view. Secondly, it is
difficult to equally share the responsibility for maintaining the
driveway. In addition, there is a sharp dropoff at the point
where their property line will be. This would create a steep
driveway that would be difficult to exit especially in the
winter. Lastly, if the driveway is configured as the City
recommends, the Hausers would approach their house from the
garage. The Hausers also intend to layout water and sewer lines
• to the street and felt that the City's recommendation would
interfere with such plans. Mr. Hauser said that the City
Engineer had looked at the location where they would prefer to
have their driveway access and did not feel there would be a
safety problem.
Assistant Planning and Zoning Administrator Gaffron
explained that the City's concern is the additional access
location with which traffic on North Ferndale will have to
contend.
Mr. Downey, who represented the Wayzata Country Club,
indicated that he and Mr. Lauer were in favor of the revised
proposal to access off of North Ferndale. He said that the only
question Mr. Lauer had pertained to the required width of the
driveway. Gaffron said that was a question yet to be determined;
due to the driveway serving three properties, should it be
upgraded to a private road? The City's zoning code was
inconclusive in this regard. Construction of a cul -de -sac was
another possibility. Councilmember Callahan opined that a cul-
de -sac did not seem to be appropriate.
Councilmember Goetten questioned whether the Country Club
had any future plans to do any additional subdivision of the
property adjacent to Mr. Lauer's? Mr. Downey replied that area
was the 4th hole and there would be no plans to subdivide that
• portion of property. Goetten said that she could not see a cul-
de -sac.
City Engineer Cook confirmed the City's position regarding
the use of the existing driveway for all three lots. Mayor
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MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 26, 1989
ZONING FILES #1326 b 1407— WAYZATA COUNTRY CLUB /HAUSER •
Grabek asked whether it would be possible for the Hauser's to use
their driveway as the City is proposing it to be? Cook said that
they (the Hausers) would have to do some work and it may require
more tree removal than they preferred to do, but it was workable.
The issue of drainage was addressed. Mr. Downey recollected
that at the last meeting, Mr. Greig had indicated that he did not
want the detention pond at all. He said that the Country Club
was looking to the City for direction.
City Engineer Cook said that if there is no detention pond,
runoff would occur throughout the Chevy Chase neighborhood very
rapidly. He said that there were no incidents of flooding that
occurred this past Spring, but the water comes very close to the
Nelson property and could pose a problem. He said that the pond
in the backyard of the Simmons property currently acts as a
detention basin.
Councilmember Goetten asked Cook whether he anticipated any
increase in runoff due to the Lauer subdivision /development?
Cook said that he was unsure as to the exact data, but that
runoff would increase. Goetten questioned whose responsibility
it would be in the future if the City did nothing at this time?
Cook said that the City would probably be responsible no matter •
how it chose to proceed; he recommended that the City Attorney's
opinion be sought. Goetten asked whether the Country Club had a
shared responsibility? Cook said in the event there was a
flooding problem in the future, the City would investigate the
problem and solve it. Financing for the solution would probably
come from the Country Club, the new subdivision, as well as the
benefitting neighbors.
Mr. Brooke Nelson explained the history of his drainage
problem. He said that he had cured the problem by putting a
groove along his property to allow water to run to the front of
his property. He said that prior to Orono putting in the sewer
system in that area, the road was lower than his property. He
said the road was raised and a lot was created in front of a pond
area. He said that the culvert that was put under his driveway
by the City was put in wrong and the water has washed the culvert
away. He said he had attempted to put in a new driveway last
fall but the contractor could not guarantee that it would not
wash away again. He said his requests to the City to repair the
culvert have not been addressed. Mayor Grabek asked Mr. Nelson
whether he would prefer to have the situation left as it is, or
whether he would like to have the retention basin? Mr. Nelson
said that he would like the City to fix the culvert running under
his driveway. Public Works Director Gerhardson said that he
would re- examine the culvert.
Councilmember Callahan said that in his opinion, the existing •
drainage problem had very little to do with the Country Club's
application for subdivision. He suggested that the City follow
the normal procedure for storm sewer installation and allow the
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MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 26, 1989
• ZONING FILES #1326 a #1407 - WAYZATA COUNTRY CLUB /HAUSER
subdivision application to proceed on its own merits.
Mrs. Hauser stated that the subdivision of the Country Club
should be a separate issue, especially in respect to the drainage
increase. City Administrator Bernhardson noted that drainage
from the Country Club would join with the drainage from the
Hauser property and the combination would cause an increase in
existing drainage problem. Gaffron confirmed what the City
Engineer had determined.
Mayor Grabek said the City had to address the concerns of
the neighbors regarding drainage, but also had to allow the
Country Club's subdivision to proceed. He suggested that the
detention pond be omitted at this time and a 1 low drainage to f low
naturally. He directed staff to do a site inspection of the
problem with Mr. Nelson's culvert.
Councilember Goetten said that she would be willing to go
ahead with the subdivision provided that the City further
investigate the drainage problems and report back.
City Administrator Bernhardson said that the Council would
only be conceptually approving the subdivision at this time. He
• suggested that between the time of this evening's meeting and the
final approval, that staff get the elevations of the Nelson
culvert and the drainage coming into it. He said that the staff
would bring that information back before the Council along with a
recommendation as to the detention pond on the Lauer property.
Mr. Greig expressed his concerns about the 4" inch pipe that
is proposed to be placed in the bottom of the detention pond
clogging. He said that the detention pond would be right against
his back property line. He also objected to the berm being
placed adjacent to his property.
Councilmember Callahan asked Mr. Greig whether or not he
preferred to have the detention pond? Mr. Greig said that he
personally did not want the pond. Callahan asked the same
question of Mr. Nelson. Mr. Nelson indicated that he preferred
to have the pond.
Mayor Grabek reverted back to the issue of the curb cuts for
the Lauer /Hauser subdivision? He asked Gaffron how many curb
cuts currently existed along that road and how many may be
forthcoming? Gaffron pointed out the existing curb cuts on the
plat map.
It was moved by Mayor Grabek, seconded by Councilmember
Nettles, to accept on a conceptual basis the proposed subdivision
• of the Hausers and allow access for the Lauer property and the
existing house off of the same curb cut. Access for the new
house in the Hauser subdivision will be allowed an additional
curb cut. The subdivision for the Country Club may move ahead
for resolution with a recommendation from the City Engineer as to
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MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 26, 1989
ZONING FILES #1326 a #1407- WAYZATA COUNTRY CLUB /HAUSER •
what should be done with the drainage situation. Staff is
directed to address the problems expressed by Mr. Nelson
regarding his culvert. Mayor Grabek suggested that the two
subdivisions be combined into one plat. Mr. Downey asked about
the need for the outlot along the northern border of the
property. The Council agreed that it was important that the
outlot be designated at this time. Mr. Greig asked where the
responsibility would lie should he suffer water damage due to
this subdivision? City Attorney Representative Whitney replied
that the City would probably be responsible, but it would be
necessary to research that issue further. Mayor Grabek asked
that the City Attorney provide a legal opinion in that regard at
the time this application is brought back for final approval.
Motion, Ayes =5, Nays =O, Motion passed.
11391 TERRY SADLER
1395 BALDUR PARR ROAD
DENIAL RESOLUTION #2649*
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to adopt Resolution #2649, denying
variances and a conditional use permit for construction of
retaining walls and placement of fill in the 0 -75' lakeshore
setback zone at 1396 Baldur Park Road. Motion, Ayes =S, Nays =O,
Motion passed. •
#1410 JULIE PRINEAS
1980 HERITAGE DRIVE
VARIANCE
RESOLUTION #2650
Ms. Carol Laquay was present on behalf of the applicants.
Mr. and Mrs. Robert Stierna were present, as was Mr. Nelson,
the adjacent property owner to the north of the Prineas lot.
City Administrator Bernhardson explained that the septic
testing had been done to determine whether there was an alternate
site location to the rear of the property. An acceptable site
was found and this will allow the driveway to be placed in the
middle of the "neck" portion of the lot. There would be no need
for a shared driveway with the Stiernas.
Assistant Planning and Zoning Administrator Gaffron noted
that as a result of this newly defined alternate septic site, the
building envelope would also be enlarged.
Mr. Stierna said that he had met with Mr. Prineas to discuss
a proposal that would be mutually beneficial. Mr. Stierna said
that it was agreed that the driveway would be placed along the
north side of the property and then would swing down within 30'
of the lot edge. He said that a legal document was drafted by a
lawyer hired by the applicants depicting that arrangement. He •
said that he and his wife had signed the agreement, but shortly
before this evening's meeting he received a call from Mrs.
Prineas saying that they would not sign the agreement.
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MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 26, 1989
• ZONING FILE 11410 - PRINEAS CONTINUED
Ms. Laquay explained that the reason Mr. and Mrs. Prineas
did not wish to execute the agreement was because they did not
feel that the revised driveway location would be fair to the
Nelsons. They wanted to get approval from the Nelsons before
they signed the agreement. They tried to contact the Nelsons,
but could not reach them because they were out of town on
vacation.
Mr. Nelson felt that it was inappropriate to place any
restrictions on the future owners of the Prineas' property. He
felt that should it be necessary to place any restrictions
regarding the location of the driveway that it would be better to
have it located in the center of the property.
Mayor Grabek said that he felt inclined to table this
matter. Ms. Laquay indicated that the Prineases would prefer to
have the matter resolved without further delay. She said that
there were no specific code requirements by the City pertaining
to the location of the driveway and that if they so chose, there
should be no reason why the driveway could not abut the Stierna's
property the way the Stierna driveway abutted their property.
Ms. Laquay said that the applicants were only trying to make both
adjacent property owners happy.
• It was moved by Councilmember Callahan, seconded by
Councilmember Goetten, to approve the lot width variance.
Councilmember Nettles moved to amend Councilmember Callahan's
motion to include a specific driveway location as a condition of
variance approval. Councilmember Callahan did not wish to amend
his original motion and Councilmember Goetten indicated that she
would not second Councilmember Nettles amendment. Motion,
Ayes =S, Nays =O, Motion passed.
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#1423 EDWARD BROWN
355 STUBBS BAY ROAD
VARIANCE
RESOLUTION #2651
Mr. and Mrs. Brown were present for this matter.
City Administrator Bernhardson informed the Council and
Mayor Grabek that the Browns were seeking approval of a variance
to allow an accessory building to be located nearer the front lot
line than the principal building.
It was moved by Councilmember Callahan, seconded by
Councilmember Goetten, to approve the variance to allow an
accessory structure to be located nearer the lot line than the
principal structure. Motion, Ayes =S, Nays =O, Motion passed.
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MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 26, 1989
MAYOR'S /COUNCIL REPORT: •
REGIONAL TRANSPORTATION BOARD NOMINATION
This was an informational item.
CITY ADMINISTRATOR'S REPORT:
NAVARRE REDEVELOPMENT
City Administrator Bernhardson inquired as to whether the
Council will want the public to have a further opportunity to
see the presentation at the upcoming joint meeting on the Navarre
Redevelopment. The Mayor and Council agreed that the public
should be present.
It was moved by Mayor Grabek, seconded by Councilmember
Nettles, to direct staff to set another presentation of the
Navarre redevelopment information together with setting a time
for further discussions with Planning Commission on the direction
for Navarre. Motion, Ayes =S, Nays =O, Motion passed.
WATER CONSERVATION REGULATIONS
It was moved by Councilmember Callahan, seconded by
Councilmember Goetten, to table this item until the August 14,
1989 Council meeting. Motion, Ayes =S, Nays =O, Motion passed.
1990 PRELIMINARY BUDGET GUIDELINES •
This was an informational item.
1988 AUDIT PRESENTATION
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to table this item until the July 10, 1989 Council
meeting. Motion, Ayes =S, Nays =O, Motion passed.
SET WOODHILL PUBLIC HEARING DATE*
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to set August 28, 1989 at 7:00 p.m. as
the assessment hearing date for Woodhill Avenue. Motion, Ayes =S,
Nays =O, Motion passed.
HIGHWAY 12 1991 SAFETY IMPROVEMENT
SET PUBLIC INFORMATION MEETING*
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to set July 24, 1989 at 7:00 p.m. as the
time and date for a public information meeting regarding proposed
improvements to Highway 12. Motion, Ayes =5, Nays =O, Motion
passed.
CITY FACILITIES TOUR -JUNE 29, 1989*
This being an informational item, there was no motion.
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MINUTES OF THE ORONO COIINCIL MEETING OF JUNE 26, 1989
• PERFORMANCE REVIEW -RANDY O'BRIEN AND BARRY RATHBUN*
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to adjust Barry Rathbun's hourly rate to
$11.23 per hour effective July 13, which is step III of the City
of Orono Compensation Plan and to review salary and performance
in 6 months. Motion, Ayes =5, Nays =O, Motion passed.
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to adjust Randy O'Brian's hourly rate to
$11.23 per hour effective July 13, which is step III of the City
of Orono Compensation Plan and to review salary and performance
in 6 months. Motion, Ayes =5, Nays =O, Motion passed.
PERFORMANCE REVIEW- LAURIE SCHEFFLER*
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to increase Laurie Scheff ler's salary to
$9.972/hr (Level. 4 -Step II) effective July 11, 1989. Motion,
Ayes =5, Nays =O, Motion passed.
LIQUOR ORDINANCE AMENDMENT #69, 2ND SERIES*
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, that the proposed Ordinance No. 69, 2nd
Series amending the liquor ordinance be adopted. Motion, Ayes =5,
Nays =O, Motion passed.
• ADMINISTRATOR'S INFORMATION*
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to accept the City Administrator's
Information regarding: Recycling Program; County Road 116 Update;
Waterfowl Relocation; Shoreland Regulations; Highwood Storm
Sewer; County Road 51 Parking; Lake Minnetonka Regional Park;
Minnesota Safety Council; LMCD Report. Motion, Ayes =5, Nays =O,
Motion passed.
CITY ATTORNEY'S REPORT:
There was no report from City Attorney Representative
Whitney.
LICENSES*
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to approve the following licenses:
Set -Up Permit Renewal: Navarre Lanes
3435 Shoreline Drive
Fire Works Permit: Roger Frommelt
2805 Casco Point Road
Ron Potas
2190 Shadywood Road
0 Motion, Ayes =5, Nays =O, Motion passed.
BILLS*
It was moved by Councilmember Goetten, seconded by
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MINUTES OF THE ORONO COUNCIL MEETING OF JUNE 26, 1989
Councilmember Peterson, to approve payment of the All Funds
Accounts. Motion, Ayes =S, Nays =O, Motion passed.
ADJOURNMENT 8:30 P.M.
It was moved by Councilmember Peterson, seconded by
Councilmember Callahan, to adjourn the Regular Council Meeting at
8:30 p.m. Motion, Ayes =5, Nays =O, Motion passed.
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Jam s R. Grabe , Mayor
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