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HomeMy WebLinkAbout09-11-1989 Council Minutes• • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 11, 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: City Administrator Bernhardson, Finance Director Kuehn, Building & Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron, City Engineer Cook, City Attorney Barrett, and City Recorder Scheffler. SALE OF BONDS RESOLUTION #2691 The Affidavit of Publication and Certificate of Mailing were duly noted. City Administrator Bernhardson said that the City wished to award the bid for the sale of $2,300,000 of Water and Sewer Revenue Bonds for future improvements to Highway 12. Bernhardson noted that the City had been upgraded from a Aa bond rating to Aal- This puts the City of Orono in the same classification as the Cities of Edina, St. Louis Park, and Fridley and the Edina School District. The only rating above Aal is Aaa, which is held by Hennepin County, Ramsey County and the Cities of Minneapolis and Rochester. Mayor Grabek asked what the City of Orono had done to achieve such an excellent rating? Ms. Carolyn Drude of Ehlers & Associates, replied that it was a combination of the financial health of Orono, the planning that has been done in the past, and the economic factors of the City as a whole. Ms. Drude noted that Moody's had not given any other City the size of Orono an Aal rating. Drude added that the efforts of the City staff were also responsible for the Aal rating as was the way in which the City Council acted as a body. Mayor Grabek complimented the Council and City Staff for a job well done. Bernhardson added that Carolyn Drude was also deserving of recognition for her assistance in working with the City, as was Tom Kuehn, Finance Director, in light of his effective method of financial reporting. Ms. Drude called the Council's attention to the coupon rates and how competitive they were with one another and with the market. It was moved by Mayor Grabek, seconded by Councilmember • Goetten, to adopt Resolution #2691 awarding the bid to Dean Witter Reynolds, Inc., Prudential -Bache Capital Funding, Shearson Lehman Hutton, Inc., Smith Barney, Harris Upham & Company, Inc., at a bid price of $2,283,070.00, for the issuance of $2.3 million in bonds, at a net interest cost of 6.5101 %. Motion, Ayes =5, 1 ti= MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 SALE OF BONDS CONTINUED Nays =O, Motion passed. CONSENT AGENDA* City Administrator Bernhardson noted that with regard to item #12, Ralph Burgess, Mr. Burgess requested that his application be withdrawn until October 9, to allow him time to revise his proposal. Bernhardson also requested that item #14, Award of Bids for Highway 12 well be tabled. With regard to item #25, Licenses, Bernhardson said that he had received an additional license request for a Special Event (Parade of Homes for VanEeckout) and asked that it be included for consideration. Councilmember Peterson requested that item #23 be removed. • It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Consent Agenda, tabling items #12 and #14, including VanEeckout's Special Event license application with the other licenses noted in item #25, and excepting item #23, which was removed and discussed in the order it appears on the agenda. Motion, Ayes =5, Nays =O, Motion passed. APPROVAL OF MINUTES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the August 28, • 1989 Regular Council Meeting. PARR COMMISSION COMMENTS* There were no Park Commission comments. PLANNING COMMISSION COMMENTS Planning Commission Representative Johnson was present and indicated that he no comments at this time. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT: #1428 CLIFFORD OTTEN NORTHEAST QUADRANT WILLOW & HWY 12 PUD- REZONING PRELIMINARY SUBDIVISION VACATION RESOLUTION #2692 Mr. Otten was present for this matter. City Administrator Bernhardson provided a brief explanation of this application. Building and Zoning Administrator Mabusth noted that this application included the vacation of Pine Ridge Lane which is in • keeping with the City's Comprehensive Plan Amendment. All but 25' of Pine Ridge Lane wi 11 be vacated and the 25' remaining wi 11 serve as an access corridor for Lot 2. • MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 ZONING FILE #1428 -OTTEN CONTINUED Bernhardson said that the proposed access road off of Highway 12 had not yet been approved by MNDOT. In addition, the final draft of the water and sewer proposal was not complete. He said that these issues, when finalized could be made a part of the subdividers agreement. Mr. Otten elaborated on the Highway 12 access issue saying that he was only requesting approval of ingress for west -bound traffic. Otten said that he had met with MNDOT and they had indicated that they would like more time to study that proposal. He said that the District Engineer had suggested that the Council support his proposal, subject to MNDOT's approval. Mayor Grabek asked whether the City considered future development of Highway 12, i.e. Interstate 394, when asking for right -of -way dedication? Mabusth said that the City was asking for an additional 10' of right -of -way from Mr. Otten. She asked City Engineer Cook whether the 10' was for safety improvements only? City Engineer Cook replied that the 10' would only be for safety improvements. He said that if 394 were to proceed through Long Lake, there would be a need for a corridor • approximately 300' wide. Mayor Grabek asked how wide the present corridor is? Cook said it was 1001. Bernhardson said that technically 394 could not extend west beyond 494. More than likely a 4 lane highway would be designed, the question is whether it would have separated crossings with limited access or at grade crossings. He said that he did not believe that the funding was available for a "freeway style" design. He said if necessary, 4 lanes could be squeeezed into a 100 foot width. Cook concurred with Bernhardson saying the the old County Road 18 was an example of that design. Mayor Grabek suggested that the City consider the improvement of Highway 12 as development occurs in that area to insure that adequate right -of -way is provided. He said it would be less "traumatic" for the property owner to plan for the additional right -of -way at the time of development, rather than having to give up additional land at a later time. Mabusth reminded the Council and Mayor Grabek that Mr. Otten's business structure would be located 110' from the newly • defined right-of-way- Mr. Otten also noted that because Highway 12 was designed as a rural section, there is a significant ditch area that would not be needed if the road is redesigned as an urban section. 3 MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 ZONING FILE #1428 -OTTEN CONTINUED • Mayor Grabek asked whether the City's Comprehensive Plan addresses the need for additional right -of -way along Highway 12? Bernhardson replied that at the time the Comprehensive Plan Amendment was being drafted, indications were that the problem area for upgrading Highway 12 existed in Downtown Long Lake and east. The City felt that there was adequate area for additional right -of -way ( 100' ) along Highway 12 located in Orono. He said that it has been difficult to determine from MNDOT how much right -of -way may be needed. Mayor Grabek said that the City needs to address this and should obtain an answer from MNDOT. Bernhardson said that he would attempt to obtain a definitive number from MNDOT. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2692, approving the PUD- Rezoning, Preliminary Subdivision and Vacation for Clifford Otten, including the support of Mr. Otten's request for an ingress off of Highway 12 to serve as an access, subject to approval by MNDOT. Motion, Ayes =5, Nays =O, Motion passed. #1430 MORSE HOMES 4127 OAR STREET VARIANCE • RESOLUTION #2693 Mr. David Morse was present for this matter. Mr. and Mrs. Charles Hommeyer, abutting property owners, were also present. City Administrator Bernhardson informed the Council and Mayor Grabek that this application involved a request for average lakeshore setback variance to construct a gazebo and deck behind the 75' setback line. In addition, a tram will be constructed ahead of the average lakeshore setback and within the 75' setback area. With regard to hardcover, Bernhardson said that even though hardcover will remain under the allowable percentage in the 75 -250' zone, it will slightly exceed the percentage allowed in the 250 -500' setback zone. Bernhardson noted that the Planning Commission had voted to recommend denial of the gazebo with the roof. Mr. Morse asked that the Council review the application with the gazebo as he initially proposed. He said that the gazebo would not interfere with sight lines. He said that due to the grade dropping 8' the gazebo would be 16' tall, but that the walls would only be 8' high. Counci lmember Goetten said that she did not object to the concept of the gazebo, but did not like the size of the structure being proposed and would like to see a smaller structure. Building and Zoning Administrator Mabusth clarified that the • Planning Commission's objections pertained to the gazebo being too "intense" a structure for a gazebo and that it appeared more 4 MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 • ZONING FILE #1430 -MORSE HOMES CONTINUTED like a "bunk house ". Mr. Morse said that the gazebo would be 12' x 14' and said that was a normal size for a screen porch. Planning Commission Representative Johnson said that a gazebo is generally open on all sides. Mr. Hommeyer said that he too was concerned about the mass and size of the gazebo structure being proposed. Mr. Hommeyer said that it would be easy to convert the structure being proposed into a 3- season porch by adding windows. He said that it was a large structure to be built in front of the average lakeshore setback line. Councilmember Goetten concurred with Mr. Hommeyer's comments regarding the ease of converting this structure into a 3- season porch. She said that she would approve the other aspects of this application, but that she objected to the gazebo design. Councilmember Nettles asked Mr. Morse how he would like to have the Council proceed? Mr. Morse said that it was important that he continue • building. He said that he would accept the Council's vote as the proposed Resolution set forth and that he would bring back a revised plan for the gazebo at a later time. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to adopt Resolution #2693, approving the construction of the tram and deck, and tabling the portion of the application pertaining to the gazebo. Motion, Ayes =S, Nays =O, Motion passed. #1432 JULIA WHITNEY 4470 FOREST LAKE LANDING VARIANCE RESOLUTION #2694 Ms. Whitney was present architect, Mr. Randall Supplee. for this matter as was her City Administrator Bernhardson explained that Ms. Whitney was requesting approval of a hardcover variance to remodel and construct an addition on her existing residence. Hardcover will be reduced from 33.8% to 31.7% in the 75 -250' zone. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2694, approving the the hardcover variance required to construct an addition to an • existing residence. Motion, Ayes =5, Nays =O, Motion passed. 5 MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 #1437 JOHN IDSTROM • 2580 FOX STREET VARIANCE RESOLUTION #2695 Mr. Idstrom was present for this matter. City Administrator Bernhardson informed the Council and Mayor Grabek that the applicant wished to construct a barn nearer the front lot line that the principal structure. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2695, approving the construction of an accessory structure nearer the front lot line than the existing principal structure. Motion, Ayes =S, Nays =O, Motion passed. #1439 LAWRENCE LANGHANS 1366 REST POINT ROAD CONDITIONAL USE PERMIT/VARIANCE RESOLUTION Mr. Langhans was in attendance of this meeting. City Administrator Bernhardson provided a brief history of this after - the -fact application for construction of a deck and retaining walls. Assistant Building and Zoning Administrator Gaffron said that the City staff was recommending approval of the retaining walls in that they are necessary to protect the banks from further erosion. He also said that the remaining foundation walls were serving the same purpose. Mayor Grabek asked Mr. Langhans if he was aware of the fact that a permit was required to construct the deck? Mr. Langhans replied that he did not think a permit was required to replace what was there. He said that if he were going to put on a new structure he would have applied for a permit. Mayor Grabek asked what measures could be taken by the City to assure that the deck would not be converted into a 3- season porch? Building and Zoning Administrator Mabusth replied that the deck was a non - conforming structure subject to all pertinent ordinances. Mabusth said that Mr. Langhans or a future owner of the property would have to apply for a building permit and that the Resolution would filed on the chain of title. Councilmember Goetten expressed concerns about the stability foundation. • of the concrete City Engineer Cook said that he had not visited the site and could not render an opinion at this time. 6 • • MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 ZONING FILE #1439- LANGHANS CONTINUED Mr. Langhans said that the two remaining side walls are helping to support the foundation. Gaffron said that he had not seen any cracks in the wall or any other indications that the wall was deteriorating. Mr. Robert Bredasen, 1410 Rest Point Road, said there were many structures similar to that of Mr. Langhans in the West Arm Bay. He said that he was in favor of what Mr. Langhans had done and added that it does not interfere with sight lines and it prevents the bank for eroding. He urged the Council to approve Mr. Langhans' application. Mr. George Bloom, 1374 Rest Point Road, said that he too favored Mr. Langhans' proposal due to the roof and foundation helping to alleviate any further bank erosion. Mr. Bloom also commented that whether or not the deck remains, a railing is necessary as a safety measure due to the steep drop. Councilmember Peterson asked Gaffron whether the Lake returning to a normal level would have any adverse effect on the foundation of the deck? Mr. Langhans replied that the lake level has never been high enough to reach that area. Gaffron agreed, noting the 934' elevation of the pier footings per the topographical survey. Councilmember Peterson said that she had commented to Mr. Langhans that she would like to see screening for the cement foundation. Mr. Langhans said that he would like to plant some vines that would cover the wall. He said that he would be willing to paint it if that was the Council's desire. Mayor Grabek said that the only factor that would give him reason to approve this application is that the damage to the boathouse occured in the 1987 storm. Mayor Grabek said that it would be helpful if the press would make an attempt to once again inform Orono citizens that permits are reqired for doing anything within 0 -75' of the lake. Mayor Grabek said this would be the first time that he can remember voting in favor of any new structures within 75' of Lake Minnetonka. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve the construction of the deck and retaining • walls provided that proper screening is used and that at no such time in the future anything further be done in that area. Councilmember Goetten asked that staff examine the stability of the foundation prior to the building permit being issued. Motion, Ayes =S, Nays =O, Motion passed. 7 MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 #1442 LANDSCHUTE GROUP INC. • 3300 BAYSIDE /375 LEAF STREET PRELIMINARY SUBDIVISION RESOLUTION Mr. John Munsen, a potential buyer of 3300 Bayside Road and 375 Leaf Street, was present for this matter. City Administrator Bernhardson said that this was a renewal application for a preliminary subdivision. The original application was approved in 1987 and expired in November, 1988. A lot width variance will be required for each lot. Mr. Dale Nyhammer, 3280 Bayside Road, said that he was concerned about the development affecting his privacy and the creek that runs along Bayside Road. Mr. Nyhammer said that he was new to the area and had been advised by the previous owner of his property that there were problems with water flow. Mr. Nyhammer also said that there were several large trees on the property to be developed that he would hate to see removed. Mayor Grabek informed Mr. Nyhammmer that the City had policies in place that protect property owners from increased runoff resulting from newly developed adjacent property. Mayor Grabek also said that property owners had a right to develop their property, but not in such a way that it would negatively impact neighboring properties. • Planning and Zoning Administrator Gaffron said that the house sites would be located a good distance from the property lines. Gaffron showed where the driveways would be located on both properties. Mayor Grabek asked Mr. Nyhammer if he was mainly concerned about the closeness of the driveways or the location of the houses? Mr. Nyhammer said that the driveway was a major concern because the culvert problems may worsen. Mr. Wojcik, 3310 Bayside Road, explained that in the winter water in the culvert freezes and in the spring when it thaws, it washes out his driveway. Mr. Wojcik also said that the driveway off of Bayside would be located in such a way that car lights would shine directly in his house. He questioned why the driveway could not be brought up the center. Mr. Munsen clarified that he was not the original owner of the property. He said that he had not talked with the neighboring property owners. Mayor Grabek suggested that Mr. Munsen meet with the neighbors to reach an agreement that would be mutually beneficial • to all parties. Mr. Munsen said that he would have no problem working out a MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 • ZONING FILE 31442 - LANDSCHUTE GROUP, INC. compromise with the abutting property owners. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this application until the September 25, 1989 Council meeting. Motion, Ayes =S, Nays =O, Motion passed. #1443 JOHN SKOGLUND 1840 FOX STREET VARIANCE RESOLUTION #2697 The applicants were present for this matter. City Administrator Bernhardson stated that this was an application for a setback variance for a pool that would be located in front of the principal structure. There were no questions or concerns on the part of the Council or the applicants. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2697, approving the setback variance to construct a pool in front of the principal residence. Motion, Ayes =5, Nays =O, Motion passed. • #1448 KEVIN HAWKINSON 1125 WILLOW DRIVE NORTH PRELIMINARY SUBDIVISION RESOLUTION #2698 The applicants were not present for this matter. City Administrator Bernhardson explained that this application was for a two lot subdivision. Building and Zoning Administrator Mabusth said that she had spoken with the applicants and they had requested that the Council proceed even though they were unable to attend. Mayor Grabek questioned whether the Council could proceed with this application and whether there were any major concerns that needed to be addressed? Gaffron said that there had been some discussion by Hennepin County regarding an additional 10' of right -of -way they may require as a result of the upgrade of County Road 116. Gaffron said that at this time staff was recommending that the additional 10' right -of -way requested by Hennepin County not be a requirement of the subdivision. It was moved by Mayor Grabek, seconded by Councilmember • Nettles, to adopt Resolution #2698, approving the 2 -lot subdivision for Kevin and Mona Hawkinson. Motion, Ayes =S, Nays =O, Motion passed. 9 MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 #1429 RALPH BURGESS 2610 WEST LAFAYETTE ROAD DENIAL RESOLUTION* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to table this item to allow Mr. Burgess an opportunity to revise his proposal. Motion, Ayes =S, Nays =O, Motion passed. ENGINEER'S REPORT REQUEST FOR PAYMENT #2 LIFT STATION 10/43* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve pay request #2 for Albrecht Construction Co. in the amount of $46,739.19. Motion Ayes =5, Nays =O, Motion passed. AWARD OF BIDS - WELL /HIGHWAY 12* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to table this item as requested by City Administrator Bernhardson. Motion, Ayes =S, Nays =O, Motion passed. REQUEST FOR PAYMENT #1 1989 SEAL COATING* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve pay request #1 for Allied Blacktop, Inc., in the amount of $66,962.14. Motion, Ayes =5, Nays =O, Motion passed. MAYOR'S REPORT: Mayor Grabek indicated that he had no report for this meeting. CITY ADMINISTRATOR'S REPORT: 1990 CABLE TV BUDGET RESOLUTION #2699 It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to adopt Resolution #2699 giving its approval to the 1990 Lake Minnetonka Cable Communications Commission's budget. Motion, Ayes =5, Nays =O, Motion passed. LIQUOR ORDINANCE PROPOSED AMENDMENT 75, SECOND SERIES Councilmember Goetten questioned whether 25 miles was a reasonable distance requirement? City Administrator Bernhardson said that the 25 mile requirement was recommended by Chief Rilbo. • • It was moved by Mayor Grabek, seconded by Councilmember • Callahan, to adopt Attachment B as amendment Ordinance 75, Second Series, as an amendment to Ordinance 32, Second Series. Motion, Ayes =S, Nays =O, Motion passed. 10 • MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 COUNCIL /PLANNING COMMISSION MEETING- FACILITIES SEPTEMBER 14, 1989 City Administrator Bernhardson said that one of the Councilmembers would be unable to attend the meeting as scheduled. Bernhardson suggested rescheduling when more is known about the dates available. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to table this item. Motion, Ayes-.25y Nays-20, Motion passed. 1990 BUDGET DATE It was moved by Mayor Grabek, seconded by Councilmember Peterson, that the 1990 budget meeting would be held Wednesday. September 27th at 6:00 p.m. Motion, Ayes =5, Nays =O, Motion passed. NAVARRE REDEVELOPMENT DATE It was moved by Mayor Grabek, seconded by Councilmember Goetten, to have the Navarre. Redevelopment meeting on Saturday, November 18, at 9:00 a.m. at the Freshwater Biological Institute. COMPENSATION ADJUSTMENT -LYLE OMAN* It was moved by Councilmember Goetten, seconded by • Councilmember Peterson, to approve the salary increase for Lyle Oman to $13.86 per hour, Step 4 at Level 7 under the Compensation Plan, effective September 1, 1989. Motion, Ayes =5, Nays =O, Motion passed. PROGRESS REPORT RECYCLING FIRST HALF 1989* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the 1st half of 1989 recycling program report. Motion, Ayes =5, Nays =O, Motion passed. FALL CLEAN UP DATE Councilmember Peterson asked whether the Fall Clean Up day could be rescheduled so that it would not interfere with Centennial activities scheduled for that same day? It was moved by Mayor Grabek, seconded by Councilmember Peterson, to designate October 21, 1989 as Orono Fall Clean -up Day. 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: Highway 12 /Willow Drive; Highway 12 Feasibility; United Way; Assessing Service Status; Golf Course • Operation (Letters /Receipts); Summary of Receipts/Disbursements- July; Electronic Funds; Goal Setting Status. Motion, Ayes =5, Nays =O, Motion passed. MINUTES OF THE ORONO COUNCIL MEETING SEPTEMBER 11, 1989 CITY ATTORNEY'S REPORT: is City Attorney Barrett requested an Executive Session. LICENSES* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the following licenses: Home Occupation: Thomas Gorman 2640 Watertown Road Special Event: Viking Bassmasters- Fishing Contest North Shore Drive Marina 3220 North Shore Drive September 24, 1989 6:00 a.m.` to 2:00 p.m. John Laurent Parade of Homes 1270 French Creek Drive 9/10/89 - 9/24/89 1:00 to 8:00 p.m. VanEeckhout Building Corp. Parade of Homes 2690 Rainey Road 9/10/89 - 9/24/89 1:00 to 8:00 p.m. Motion, Ayes =5, Nays =O, Motion passed. • BILLS* It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes =S, Nays =O, Motion passed. EXECUTIVE SESSION - 8:15 P.M. Mayor Grabek requested that the Council go into an executive session at 8:15 p.m. ADJOURNMENT 8:37 P.M. It was moved by Councilmember Goetten, seconded by Councilmember Peterson to adjourn the Regular Council Meeting at 8:37 p.m. Motion, Ayes =S, Nays =O, Motion passed. ATT`FJST : D rothy Hallin, City Clerk James R. Grabek, Mayor Edward J. Callahan, Jr., Acting Mayor • 12