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HomeMy WebLinkAbout10-23-1989 Council Minutes• • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 23, 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, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Engineer Cook, City Attorney Barrett, and City Recorder Scheffler. WOODHILL COUNTRY CLUB LIQUOR LICENSE PUBLIC HEARING 7:00 P.M. TO 7:10 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Mark Albrecht was present as a representative of the Woodhill Country Club. City Administrator Bernhardson explained that Woodhill Country Club wished to obtain a liquor license for social events taking place in the barn facility. Bernhardson said that the main issue involved in this application is that a conditional use permit will be necessary. He suggested that approval of the liquor license be conditioned upon the Country Club submitting an application for a conditional use permit. There were no comments from the public and the public hearing was closed. Councilmember Goetten indicated that she had no objections to the liquor license, but questioned whether the conditional use permit should be approved prior to approval of the liquor license. Bernhardson said that the City's initial inclination was to make the liquor license subject to the Country Club obtaining a conditional use permit and the license would not go into effect until that time. Bernhardson suggested that perhaps it would be best to indicate whether it would be appropriate for the Country Club to have the liquor license, but hold the license until a conditional use permit is granted. Goetten indicated that she would prefer to proceed in that manner. Councilmember Nettles questioned what the Country Club had done in the past without a liquor license? • Bernhardson explained that the Country Club had not served liquor in the barn previously, but rather provided set ups to customers bringing their own liquor. The Country Club would like to have control over the alcohol served at the facility and must 1 * w t • + MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 WOODHILL COUNTRY CLUB CONTINUED • obtain a liquor license to do so. The Club does possess a liquor license for their main Clubhouse located in the Wayzata City limits. Mr. Albrecht confirmed Bernhardson's explanation and added that the Country Club receives approximately 20 requests per year for events serving alcohol. He said that he has been advised by their insurance carrier not to allow persons to bring their own liquor. Nettles believed that under the State's "social host rules" that the City would be able to exercise more control or at least offer more protection to the public if the Country Club had a license because there would then be dramshop coverage. Mayor Grabek indicated that he had no preference as to whether the conditional use permit be obtained prior to the liquor license being issued as long as both were obtained. Councilmember Callahan said that if the Zoning Code requires that the conditional use permit be granted prior to a liquor license being approved that the Council should proceed in that manner. City Administrator Bernhardson asked City Attorney Barrett • if it would be possible to make the liquor license conditioned upon the conditional use permit being approved. The liquor license would not be effective until the conditional use permit process is completed. Mayor Grabek questioned whether the conditional use permit would require a public hearing? Bernhardson replied that a public hearing would be required on the Planning Commission Level. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the request for a liquor license, conditioned upon the Country Club obtaining a conditional use permit. The liquor license will not go into effect until such time that the conditional use permit process is completed. Motion, Ayes =5, Nays =O, Motion passed. STREET LIGHTING PROPOSED SUPPLEMENTAL ASSESSMENT SHORELINE DRIVE & SHADYWOOD ROAD PUBLIC HEARING 7:10 P.M. TO 7:15 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. City Administrator Bernhardson explained that the street • lighting assessments to Grace Baptist Church and Lenox Glass were based on a residential use, rather than a non - residential use. 2 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 STREET LIGHTING CONTINUED This supplemental hearing is necessary in order to assess them as non - residential use. The question with Lenox Glass is whether their assessment should be based upon 65' of front footage or reduced by the amount of easement that the City has over the property. Bernhardson said that the assessment could be reduced at a later time if the Council adopted the larger amount this evening. He said that a per foot rate could be adopted. There were no comments from the public and the public hearing was closed. Councilmember Callahan felt that it was unfair to assess other similar facilities one way and these facilities another. - Councilmember Goetten questioned whether churches were allowed any special assessment consideration? It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2724, adopting the Supplemental Street Lighting Improvement Assesssments on County Road 15, subject to reducing the assessment for Lenox Glass should the City find it necessary to do so based on per -foot calculation excluding the City's easement. Motion, Ayes =S, Nays =O, Motion passed. CONSENT AGENDA* Councilmember Goetten requested removal of item #39. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve the Consent Agenda with the exception of Item #39 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 Mayor Grabek, seconded by Councilmember Goetten, to approve the Minutes of the September 25, 1989 Regular Council Meeting. Motion, Ayes =5, Nays =O, Motion passed. APPROVAL OF MINUTES* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve the Minutes of the Special Meeting of September 27, 1989. Motion, Ayes =5, Nays =O, Motion passed. LAKE MINNETONKA CONSERVATION DISTRICT REPORT Representative JoEllen Hurr was unable to attend this meeting. PLANNING COMMISSION COMMENTS Planning Commission Representative Moos was not present for this meeting. • PUBLIC COMMENTS Rosemary Schauer questioned whether the Mayor had any statement of information regarding the sewer plant property. 3 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 PUBLIC COMMENTS CONTINUED • Mayor Grabek said that the City was in receipt of the second draft of an agreement between Long Lake and Orono concerning the exchange of that property for certain restrictive covenants on the property. Mayor Grabek was hopeful that an agreement would be reached by the end of the year. ZONING ADMINISTRATOR'S REPORT: 11368 MCNELLIS /PRUDDEN 315/355 WOODHILL ROAD REQUEST FOR EXTENSION OF FILING DEADLINE DATE RESOLUTION #2716 It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2716, extending the filing deadline date of Resolution #2621. Motion, Ayes =5, Nays =O, Motion passed. #1411 SUSSEX SQUARE DEVELOPMENT 3020 FOX STREET PRELIMINARY SUBDIVISION RESOLUTION #2725 Ms. Nina Wildman, the developer, was present for this matter, as was Mr. Mark Gronberg, her surveyor. City Administrator Bernhardson provided a brief explanation • of this application for a 17 -lot subdivision. Dr. William (Greg) Lawton, questioned what preliminary plat approval meant? He said that he has disputed the original property boundary lines. Bernhardson explained preliminary plat approval. Dr. Lawton said that he had written a letter to the Planning Commission and Council regarding the boundary line dispute. He said that the Planning Commission had assured him that this subdivision would not go any further without resolution of the boundary line discrepancy. Assistant Planning and Zoning Administrator Gaffron explained that condition #5 in the proposed resolution for preliminary plat approval addressed that issue. Mayor Grabek asked that Dr. Lawton be put on the mailing list to receive any further documents from the City regarding and that a letter be sent to him mentioning receipt of his letter and providing him with a complete copy of the subdivision file to date. Councilmember Goetten asked the developer what the status of the boundary line dispute is at this time. • Mr. Gronberg indicated that he had called Mr. Lawton's residence and informed his wife that he would be willing to meet 4 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 • ZONING FILE #1411 - SUSSEX SQUARE DEVELOPMENT CONTINUED with the Lawton's attorney. Councilmember Goetten asked whether the applicant was proposing any entrance monuments? Mr. Gronberg said that entrance monuments were being proposed. He also questioned whether there was a need for the proposed Outlot A to the northeast. City Administrator Bernhardson said that the City's recommendation is to leave the Outlot as proposed and should it prove to be unnecessary in the future, it could be abandoned at a later time. City Engineer Cook said that the developer had an opportunity to place the Outlot at any location. He believed that it was a little late at this time to ask for a revision. Dr. Lawton questioned how logic is served by placing the Outlot as proposed? He said that running a road across the property is really of no benefit to anyone. Gronberg presented the landscape plan for the Council to review. • Councilmember Goetten asked if there was adequate screening for the "exception "? Gronberg replied that some of the existing woods extend beyond that boundary and that there are no houses proposed in that area. Planning Commissioner Representative Kelley noted that screening and landscaping were concerns expressed by abutting property owners at the Planning Commission Meeting. Mayor Grabek asked Dr. Lawton if the landscape plan appeared to be acceptable to him? Dr. Lawton replied that overall, he had no objections to the subdivision. He only wished to see the boundary line discrepancy resolved. Mr. Allan Carlson believed that Mrs. Wildman had done a good job. Gronberg showed the proposed location for the entrance monuments, and noted that they would be set back from the right - of -way so there would be no interference with sight distances. is Mayor Grabek indicated that he would have no objections to the entrance monuments as long as they were placed out of the right -of -way and did not interfere with sight lines. 5 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 ZONING FILE #1411 - SUSSEX SQUARE DEVELOPMENT CONTINUED • Gronberg asked Public Works Director Gerhardson if there are any considerations that must be given as to the location of the monuments and maintenance of the drainage and utility easement? Gerhardson said that he would have to review the proposed monument location more closely to make any determination. Councilmember Goetten questioned whether the landscape plan would be submitted for review by City staff? Mayor Grabek replied that the landscape and entrance monument plan would need to be submitted. Gaffron asked which road configuration the Council preferred to see? Gronberg said that the developer had no preference as to which scheme is used. Gronberg said that the original proposal was designed so as to discourage through traffic. Mayor Grabek indicated that he preferred the Planning Commission's recommendation. City Engineer Cook questioned whether Outlot C would be developed at this time? Gronberg replied that a portion of it would be developed so • as to facilitate emergency vehicles. Gaffron clarified that the road would be continuous with a "T" intersection. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2725, approving the Preliminary Subdivision for Sussex Square Development, 3020 Fox Street. Motion, Ayes =5, Nays =O, Motion passed. #1441 DON COPLEY 1185 TONRAWA ROAD VARIANCE RESOLUTION #2717 Mr. Copley was present for this matter. City Administrator Bernhardson briefly explained this application. He said that Mr. Copley has indicated his willingness to remove the existing accessory structure which will bring hardcover in the 75 -250' setback area to 25.5 %. An additional 72 s.f. of hardcover could be removed from a portion of the driveway, however, staff believes it is necessary to have room to turn around in the driveway. Councilmember Goetten said that she too was concerned about • removing a portion of the driveway. She said that she appreciated the efforts made by Mr. Copley to keep hardcover to a minimum. 6 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 • ZONING FILE 11441- COPLEY CONTINUED It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2717, approving the hardcover variance and average lakeshore setback variance for Mr. Don Copley, 1185 Tonkawa Road. Motion, Ayes =5, Nays =O, Motion passed. #1452 WALTER PEMBERTON 1720 SHADYWOOD ROAD VARIANCE Mr. Pemberton was present for this matter. City Administrator Bernhardson explained this application to the Council and Mayor Grabek. . Councilmember Goetten said that she was surprised that hardcover in the 75 -250' zone was not addressed at the Planning Commission meeting. She said that 58% in that area is far too much. She said that she would like to see a decrease in hardcover in the 75 -250' area if this application is proposed. Goetten said that she did not oppose the structure being proposed, if something could be worked out with the staff to remove existing hardcover. Mayor Grabek expressed his concern with the conversion of decks into structure. Mayor Grabek said that he could not see the hardship for placing the addition in the 0 -75' setback zone. Councilmember Goetten asked Mr. Pemberton if it would be possible to locate the addition elsewhere? Councilmember Callahan indicated that he agreed with the Planning Commissioners that voted against approval of this application. Mr. Pemberton indicated that he did not understand how the deck, which is hardcover, would be allowed, but putting a roof over the deck and closing it in without extending it further toward the lake is not allowable. He said that he did not understand why he would be asked to remove hardcover from the front of the house when he is not proposing to do anything to the front of the house. Mayor Grabek said that the City is trying to protect the area between 0' and 75' of the lakeshore. Mayor Grabek said that the City would set a precedent by allowing structures to be built in that area. Grabek said that each application is reviewed for a hardship that will warrant the approval of a variance. Mr. Pemberton reiterated his inability to understand how his proposal would have any more impact on the lake than what is is currently existing. He noted that the hardcover being removed in front of the house is more than double than the area being converted into the addition on the back of the house. 7 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 ZONING FILE #1452- PENBERTON CONTINUED • Councilmember Goetten tried to offer Mr. Pemberton a further explanation of the difference between deck and structure. She too informed Mr. Pemberton that she could see no hardship for the variance. Mr. Pemberton said that the only hardship he can offer is that he purchased the house with the assumption that there would be no difficulty in obtaining a variance to do this addition. City Administrator Bernhardson said that the City has no records pertaining to the existing deck being allowed. Councilmember Nettles questioned whether the City has any specific policies regarding covering over decks? Bernhardson replied that there is nothing directly dealing with that issue. He said that in the 0 -75' zone the City prefers no encroachment at all. He said that there have previously been requests for minor encroachment into that area and in cases where there is an existing deck, the City has requested that the deck be removed. Nettles said that he disagreed with the policy categorizing decks as hardcover since they are water permeable. He said that in regard to this application, the City has two goals. One is to reduce hardcover, which Mr. Pemberton's proposal would do, and • the other is to prevent the conversion of decking into structure. He said that he could not see a hardship for the variance. Councilmember Goetten offered Mr. Pemberton an opportunity to propose another location for the addition. Mr. Pemberton said that there is no other location for the addition that would allow them to enlarge the dining room. Mayor Grabek said that he would not approve the application as presented. He objected to the excessive hardcover currently existing, the building of a structure on an existing deck that was not approved by the City and adding a deck beyond that structure further into the 0 -75' zone. Mayor Grabek advised Mr. Pemberton that he could request the tabling of this application to allow time to revise his proposal. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to table this application to allow any revision to the proposal that would not encroach into the 0 -751. Councilmember Goetten suggested the addition of language requiring severe reduction of the hardcover. Mayor Grabek incorporated Goetten's suggestion into his motion. Motion, Ayes =S, Nays =O, Motion passed. is E3 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 is 11453 WILLIAM HIBBS 1905 FAGERNESS POINT ROAD VARIANCE Mr. Hibbs was not present for this review. City Administrator Bernhardson recommended tabling this matter until Mr. Hibbs could attend. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table application #1453. Motion, Ayes =5, Nays =O, #1458 BLARE BICHANICH 332 WESTLAKE STREET VARIANCE Mr. Blake Bichanich was present for this matter. City Administrator Bernhardson explained that this application involved a request for a side setback variance to construct a second story addition. Mr. Bichanich said that he hoped to combine the two lots as soon as possible. He was hopeful that City sewer would go through the area, but in the mean time he was asking for an allowance or variance that would allow him to modestly alter the existing residence. • Councilmember Goetten thought that Gaffron's suggestion to extend the drainfield seemed reasonable. Gaffron elaborated on his recommendations for the septic system. Mayor Grabek thought it would be best to allow the addition, leave the septic system as is until such time there is an indication of failure, and then try the additional drainfield. Grabek said that hopefully sewer would be available by that time. Bernhardson said that the City would like to work out an agreement with the applicant that would require him to extend the drainfield when needed or pump if the extension is not possible. He would also explore with the City Attorney whether it would be legal to require the applicant to sign an appeal waiver for any future sewer assessments. Mayor Grabek asked Gaffron whether there were defined standards that would indicate a septic system is failing so there can be no dispute ?. Gaffron said if there was seepage, there would be no question of failure. However, there are gray areas leading up to that point. • Mayor Grabek asked Mr. Bichanich if he would object to a condition of approval that would require him to extend the drainfield if the present septic system failed. 9 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 ZONING FILE #1458 - BICHANICH CONTINUED Mr. Bichanich indicated that would be reasonable. Bernhardson asked if the Council could table this matter to provide time to work out acceptable language for the resolution. Councilmember Callahan questioned whether Lot 4 would provide additional drainfield sites if needed? Gaffron said that combining the two lots would not solve the problem of finding a septic system location. Gaffron said that the combination would provide additional room to extend the drainfield. Gaffron said that he would like to have a special lot combination or other document that would place any future owner of Lot 4 on notice, that there is the need for the encroachment into that Lot for the extension of the drainfield. Councilmember Goetten noted that there had been 4 persons residing at this residence prior to Mr. Bichanich purchasing the property. There were no problems with the septic system during that time period. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to table this application and have staff work with the applicant regarding appropriate language pertaining to the existing and future needs for sewer /septic on this property. • Motion, Ayes =S, Nays =O, Motion passed. #1459 JAMES MULVANNY 559 PARR LANE VARIANCES RESOLUTION #2718 Mr. and Mrs. Mulvanny were present for this matter. City Administrator Bernhardson informed the Council and Mayor Grabek that the Mulvannys were requesting approval of an average lakeshore setback and hardcover variance to construct an addition over an existing deck. Mayor Grabek said that this type of application really put the Council in a difficult position. Mayor Grabek explained the danger of setting a precedent. Mr. Mulvanny replied that unlike many of his neighbors, he has a double lot. Mr. Mulvanny said that the house was built in 1917. Councilmember Goetten questioned the purpose of the addition? Mr. Mulvanny replied that the addition would increase the size of the dining room and bedroom which are both very small. • Goetten questioned whether there was any other location for the addition that would not encroach into the 75 -250' setback 10 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 ZONING FILE 11459- MULVANNY CONTINUED zone? Mr. Mulvanny said that due to the layout of the house, it would not be of any use to put the addition elsewhere. It was moved by Couci lmember Callahan, seconded by Councilmember Nettles, to deny this application. Councilmember Goetten questioned whether the applicant should be given the option of tabling the application to present a revised proposal. Gaffron said that this addition would be located outside of the 0 -75' setback zone, unlike the Pemberton application reviewed earlier this evening. Goetten said that there was still the question of whether to allow hardcover structure over deck hardcover. City Administrator Bernhardson asked whether the Council would approve such an application if the existing deck were not present? Councilmember questioned what hardship was mentioned in the Planning Commission's recommendation for approval? Goetten replied that the small size of the house was considered to be a hardship. Gaffron added that with respect to the average lakeshore setback, the addition would not interfere with any of the neighbors sight lines. Mayor Grabek commented that if this application were presented as is without the existing deck, he would be inclined to approve it. He said that the addition would not be located in the 0 -75' setback zone, and • is being added to a small, existing house. Councilmember Goetten concurred. Councilmember Peterson questioned whether there was any other hardcover that the applicant could remove? Mr. Mulvanny said that only the driveway could be removed. Mayor Grabek said that the applicant was not increasing the amount of hardcover and asking him to remove hardcover would be penalizing him. Councilmember Nettles indicated that he was confused as to the City's policy regarding the covering over of decks. Goetten suggested that the City take a closer look at this issue. Motion, Ayes =2, Goetten, Grabek, Peterson, Nay. Motion failed. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2718, allowing the addition with no increase in hardcover. Approval is based on the fact that the addition will not encroach into the 0 -75' zone. Councilmember Goetten commented that if there was no existing deck on this property, she would have approved the variance request. Goetten said that the deck is going to be removed. Motion, Ayes =3, Callahan, Nettles, Nay. Motion passed. #1461 REV. PAUL W. BERGGREN 585 OLD CRYSTAL BAY ROAD S VARIANCE RESOLUTION #2719 Reverend Berggren was not present for the review of this application. is City Administrator Bernhardson gave a brief explanation of this application. 11 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 ZONING FILE #1461 - BERGGREN CONTINUED It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2719, approving the side setback variance to construct an attached, enclosed porch. Motion, Ayes =S, Nays =O, Motion passed. #1462 RICHARD A. SCHMIDT 3980 WATERTOWN ROAD VARIANCE RESOLUTION #2720 Ms. Roberta Schmidt was present for this matter. City Administrator Bernhardson explained that this application involved a request for a front setback variance for a proposed second story addition. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2720, approving the front setback variance to construct a second story addition. Motion, Ayes =5, Nays =O, Motion passed. #1464 CHARLES NADLER 2509 KELLY AVENUE VARIANCE RESOLUTION #2721 Mr. and Mrs. Nadler were present for this matter. City Administrator Bernhardson informed the Council and Mayor Grabek that the applicants were seeking approval of a hardcover and average lakeshore setback variance for an addition. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2721, approving the hardcover and average lakeshore setback variance. Motion, Ayes =5, Nays =O, Motion passed. #1466 DAN KOKESH 4040 WATERTOWN ROAD VARIANCE RESOLUTION #2722 Mr. Kokesh was present for this matter. City Administrator Bernhardson explained that this application involved a request for front and side setback variances to construct a screen porch and open deck. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2722, approving the front and side setback variances to construct a screen porch and open deck. Motion, Ayes =5, Nays =O, Motion passed. 12 40 ri U MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 0 ENGINEER'S REPORT LIFT STATION 10/43 - THIRD PAYMENT* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve the third payment to Albrecht Excavating, Inc., for the sewer improvement Lift Station No. 10 & 43, in the amount of $25,874.09. Motion, Ayes =5, Nays =O, Motion passed. MAYOR'S REPORT: Mayor Grabek took this opportunity to publicly thank everyone that supported the Centennial celebration. He extended special thanks to the Council, the Gash family, and the Pioneer and Laker. Mayor Grabek reminded everyone that the Centennial Book was still available to purchase for $14.95. Councilmember Goetten asked Bernhardson about the status of the DARE Program. City Administrator Bernhardson replied that there had been delays in implementing the plan, but that he would contact the Superintendent of the Orono Schools and keep the Council apprised of any developments. CITY ADMINISTRATOR'S REPORT: .APPEAL OF ADMINISTRATIVE DECISION 1540 FOX STREET Mrs. Morrison was present for this matter City Administrator Bernhardson explained that Ms. Morrison had applied for a subdivision, but it was determined that there was not a suitable alternate drainfield site for one of the lots. Originally the applicant hoped to lease land required to provide a location for the alternate drainfield site. Since that time, there has been a second option available which would involve purchasing land from another adjacent property owner. Staff would prefer to have the applicant acquire adjacent land. Councilmember Goetten concurred with staff that a lease arrangement would not be appropriate for a number of reasons, mainly because of the risk of the alternate site being destroyed, and the precedent setting potential. Mayor Grabek also agreed that it would be best to direct the applicant to proceed with the application provided that she purchase the necessary land for the alternate drainfield site. HAUSER /LAVER WAYZATA COUNTRY CLUB EASEMENT APPEAL Mr. and Mrs. Hauser, Mr. Jack Taylor, attorney for the Hausers, and Ms. Meredith Howell the Hauser's Real Estate Agent were present. Mr. Ron Lauer and John Downey were also present is for this matter. City Administrator Bernhardson provided a brief history of this application and explained the problem that now exists with 13 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 HAUSER /LAVER WAYZATA COUNTRY CLUB CONTINUED finalizing the subdivision. He said that there is a problem with the Country Club providing the City with the easement for a future roadway as required in the Resolution giving Final Plat Approval. The City is recommending that an agreement be entered into with the Hausers and the Country Club that would deed to the City the outlots free of charge. The City would agree that the centerline of the road would be at the north property line and would provide a 4 to 6 month notice prior to the development of the road. The City would also agree to turn back to the property owners any portion of the right -of -way that is not used for street services. City Attorney Barrett elaborated on the proposal and the reason that it would be best for the City to obtain fee title to the-property needed for the road. Barrett informed the Council and Mayor Grabek that the The Wayzata Country Club Board chooses not to give the City fee title. Mayor Grabek asked Mr. Downey what the Country Club was proposing to solve this dilemma? Mr. Downey said that the City's proposal had changed since the Board voted. He said that the actual giving of the land was different than just giving an easement. Ms. Helen Hauser explained that the property owners to the • south of the road were being asked to give up property and her property will never use the road. Mrs. Hauser said that she and her husband were being "held hostage" to this agreement. Mrs. Hauser said that she and her husband did not find out there was a problem until they came into the City offices to apply for a building permit. She informed the Council that their home was sold on the 28th of July and the purchaser of the property was pressing them for a moving date. City Administrator Bernhardson explained that the Hausers had chosen not to hire an attorney to represent them with the subidivision. He said that when this easement issue with the Country Club became known, the City dealt with the attorney for the Country Club. Bernhardson said that the City may have inappropriately assumed that the Country Club's attorneys were keeping the Hausers abreast of the situation since they were co- developers. Mr. Hauser interjected that as of today's mail they did not receive notice of this matter being on the agenda for this meeting. Bernhardson replied that the Country Club had asked to be placed on the agenda two weeks ago when it was discovered that there would be a problem with the granting of the easement. 0 Councilmember Goetten said that the City asked the Hausers to join in the subdivision of the Country Club. She felt 14 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 HAUSER /LAVER WAYZATA COUNTRY CLUB CONTINUED • therefore, that the City had a responsibility to at least inform the Hausers of the situation. She said that the Hausers are owed an apology. Councilmember Nettles asked whether it would be possible to simply add the City of Orono's name to the deed with the agreement that at such time that it can be established that there is no problem with exclusive rights the City would deed title back. City Attorney Barrett replied that he could not answer without further review. Mrs. Hauser questioned when this problem surfaced? City Attorney Barrett said that he began receiving correspondence from Mr. Lauer's attorney in September asking the City to waive the requirement of the easement being provided. Mayor Grabek asked how to proceed from this point to eliminate the possibility of delaying the Hauser's construction while reaching a mutually satisfactory resolve with the Country Club? •Mr. Taylor asked what more the Country Club and the Hauser's could give the City other than the right for the public to use the road. He said that if the City does have to use the road and must condemn certain rights to do so, the Hauser's have already given what they can. He said that he did not understand what more the City wanted? City Attorney Barrett said that the City wanted a clear easement. Barrett said that more than likely the other existing rights to the easement were probably not very valuable, however, extinguishing those existing rights could be very costly. Councilmember Callahan questioned whether it would be possible to obtain a Quit Claim Deed from the Hausers and allow them to proceed and deal with the Country Club separately? Barrett answered affirmatively. Mr. Hauser noted that as a part of the subdivision, the Hausers agreed to trade off 50' of their property for the outlot accessing Ferndale Road. He questioned whether proceeding separately would affect that trade off. Bernhardson said that one possibility would be to have the Hausers go back and proceed with the subdivision separately. He said that they could appear at the November 20, 1989 Planning Commission meeting and then proceed to the Council meeting on • November 27th. He said that the portion of the property to be traded to the Country Club could be platted as a separate outlot. 15 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 HAUSER /LAVER WAYZATA COUNTRY CLUB CONTINUED • Mayor Grabek asked what additional cost this would be to the Hausers. Bernhardson said that he could not make any estimation. Mr. Thomas Dufrain, the future owner of the Hauser's house, said that the buyers of his home were anxious to move. He asked Barrett why the Hausers and Country Club could not enter into an agreement with the City that would provide the City with the easement at the time it proves to be needed. Barrett replied that the Hausers and Country Club could not give what they did not have. Bernhardson noted that had the Hausers proceeded separately from the very beginning, this problem would still have surfaced. He said that in a normal subdivision with a public road, the City would have taken fee title of the property in question right away. Bernhardson said that it would be difficult to condemn property from the other owners at some future time. Mr. Dufrain felt that the City was using this subdivision as an opportunity to plat a road even though the property being subdivided did not benefit from the road. Mrs. Hauser asked what the required width of the road would • be at such time that it is developed. City Engineer Cook replied that it would be 24' if constructed as a rural section, 28' if urban. Mrs. Hauser suggested that the City should condemn the property needed from the other property owners north and south of the road at such time that the road is to be developed. She said that it was not fair to delay them any further. Councilmember Goetten asked Bernhardson what needed to be done in order for the Hausers to be able to begin building their new home? Bernhardson noted that the City was expecting the property owners to give the City a full and clear easement as part of the final plat approval. He said that is something that is expected from other subdivisions and normally it is not a problem. He said that the solution to this problem would be solved if the property owners are willing to give the City an agreement to fee title in the future. He said the only other way to assist the Hausers would be to have them file their subdivision separately. Mr. Taylor said that this particular subdivision is not generating the need for the road that the City is attempting to • plat. He questioned whether the City is entitled to obtain this type of easement from the Hausers and the Country Club? 16 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 • HAUSER /LAVER WAYZATA COUNTRY CLUB CONTINUED Councilmember Callahan said that the Hausers in fact have not done everything they were supposed to do. Even though they are not reluctant to provide the easement, they have not done so. Callahan noted that it would make no difference to the Hausers whether the 25' is given in the form of an easement or taken in condemnation. He said that the question that needs to be addressed is whether the City is willing to forego its normal expectations and simply take easements. City Attorney Barrett said that there would be no legal impediment to the City taking less than what it normally takes. He said that the two questions involved would be as a policy matter does the City want to take less than normal, and from a financial standpoint, who would pay for the process of extinguishing the other rights to the easement or condemnation. City Administrator Bernhardson informed the Council that the applicants were "in the driver seat" as to whether this issue can be resolved quickly or not. If the Council requests fee title then whether the process stops or not is up to the persons proposing the development. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to require fee title from both the Hausers and the • Wayzata Country Club. Councilmember Goetten questioned whether it had to be done in combination or could be done separately. Mayor Grabek replied that it could be done separately. Motion, Ayes =3, Councilmembers Goetten and Peterson asked for more time to consider their vote. Councilmember Callahan questioned what time frame would be involved with the motion? Gaffron advised that it will be necessary for the Hausers to have new mylars prepared if they are going to proceed separately. Mayor Grabek asked what the proper procedure would be if a Councilmember wished to change his /her vote in light of the fact that 2 of the Councilmembers had not yet voted? Councilmember Callahan said that the Council would need to make a motion to have the matter reconsidered. Mayor Grabek said that he was compelled to follow the suggestions of the City Attorney as to the best way to proceed and therefore preferred not to reconsider his motion. However, he did want to do whatever he could to minimize any hardship for the Hausers. Councilmembers Goetten and Peterson voted in favor, bringing the total vote to Ayes =S, Nays =O, Motion passed. COUNTY ROAD 116 RESOLUTION #2723 Mr. Bruce Polaczyk of Hennepin County was present for the review of this item. City Administrator Bernhardson explained that at the last Council meeting a public hearing was held regarding this matter •and there were two questions that remained unresolved. One question was where the $65,000.00 estimated cost for the project would come? The $65,000.00 would come from M.S.A. funds in the City's capital budget and would be a substitute for the eventual 17 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 COUNTY ROAD 116 RESOLUTION CONTINUED . $310,000.00 expenditure projected for 1995. The other question is what is the source of the increased future traffic used in the County's statistics for warranting the road. Bernhardson said that it is his understanding that the increase would come solely from growth, not from existing traffic currently using other roads. Bernhardson said that the resolution being presented this evening indicates to Hennepin County that the City of Orono is opposed to County Road 116. However, if the project is going ahead to the Medina /Orono border, and provided that preliminary design approval is given with the agreement that County Road 116 extend no further south than Highway 12, the City of Orono will allow the road to be constructed to that point. Mr. Cliff Hillstrom, 1160 Willow Drive, was concerned about the proposed berm that would placed near his home. He said that there is quite a bit of runoff in the spring resulting from the open fields near his home. He questioned whether the berm would cause the water to back up. Public Works Director Gerhardson advised Mr. Hillstrom that the only berm being proposed is the 6" curbing for the road. Mr. Hillstrom asked whether the existing draintile would be • disturbed as a result of this project? Gerhardson said that the draintile should remain as is and that he would be reviewing that issue more closely before the final design is approved. Ms. Roseanne Eppel, a Medina resident, referenced a letter she had recently written to the City. Ms. Eppel said that Orono Council ought to order a speed survey for that section of roadway. She felt that 45 mph was too fast for that road. She also questioned whether there will be a traffic light at the intersection of Highway 12 and Willow. She was concerned about the residents being properly informed of where the construction limit would be in relation to the properties. Ms. Eppel said that she was also concerned about the drainage. There was a discussion between Mr. Denis Battrum and Mr. Polaczyk as to whether Hennepin County had received preliminary design approval from the City of Medina. Mr. Polaczyk said that in May of 1987, Medina approved the preliminary plan. Mr. Battrum said that he had the environmental assessment worksheet from Hennepin County which stated that approval after preliminary plan is pending. Mr. Battrum questioned the reliability of the estimate of the traffic count. He felt that the existing road would be wide enough to handle what traffic is supposed to be in the year 2000. He thought that the estimate of the right -of -way costs to the City of Orono is inadequate. He questioned whether Hennepin County may actually maintain that portion of the road once construction is completed. 18 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 • COUNTY ROAD 116 RESOLUTION CONTINUED Mayor Grabek suggested that Mr. Battrum contact Mr. Gerhardson to have his concerns properly addressed. He also suggested providing Mr. Battrum with a copy of the Medina resolution approving the preliminary plan. Ms. Barbara Hite, 2475 Countryside Drive, believed that opposition to County Road 116 had grown since July of 1987 even though there were not masses of people present to voice that opinion. She said that she too was concerned about whether or not Medina had completed a final resolution for County Road 116 and what impact the road would have on the residents. She said that she was concerned about Councilmembers approving a resolution when there were still so many unanswered questions. She said that she would feel better if she had some direct answers to those questions. Mayor Grabek assured Ms. Hite that the City and Council will make sure that all of the pertinent questions are answered prior to approval being given to proceed. He also suggested that Ms. Hite contact the Public Works Department to receive direct answers to her questions about costs, traffic counts, etc. Ms. Hite said that she does not understand how the Council on one hand can indicate that they are opposed to County Road • 116, and yet pass a resolution giving preliminary approval. Mayor Grabek said that he could understand how Ms. Hite could feel that way, but that there many aspects of this issue. Mayor Grabek said that the economic well being of the entire City had to be considered as did the aspect of traffic flows. Mr. Battrum questioned the need to upgrade the road at all. He said that he did not feel he was getting "neutral answers to his questions" for City staff in this regard. Mayor Grabek said that the Orono portion of 116 must be upgraded in the near future. If the County does not pay for the project, the amount of the project will have to be assessed to the Citizens of Orono. Mr. Robbin Sente l l questioned whether the Council feels it has any leverage with the County on traffic regulations at either of the intersections involved. He said that the citizens of Orono may be less fearful of the upgrade if they were assured that certain types of traf f is regulations were going to be put in place. , Mr. Polaczyk said that the County does not set speed limits, the Commissioner of Transportation has that responsibility. Mayor Grabek asked if there was anything that the City could do to have the speed limit reduced? Mr. Polaczyk said that the speed study could be done, but 19 Ja MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 COUNTY ROAD 116 RESOLUTION CONTINUED that once the study is done there is a possiblity that the study would result in the speed being raised as well as lowered. Mayor Grabek then addressed the issue of the warrant for a stoplight at the intersection of Willow and Highway 12. He said that if there are only so many funds in the State available for stoplights, they must be put where they are most needed. Councilmember Goetten said that she has been doing everything possible to have a light put at that intersection and would continue to do so. Ms. Hite said that she would like to see the Council be stronger in their opposition to County Road 116. She also questioned why the County Road 116 project went from a low priority to top priority in such a short time? Mr. Polaczyk said that this project was initiated by Hennepin County in 1977 and the reason that it did not have high priority because there was no funding source available. The funding source is now available. The preliminary approval given by Medina has authorized the County to go ahead. Mr. Polaczyk said that the priorities change frequently and rapidly. He said that his department just makes recommendations as to what projects need to be done. Councilmember Callahan reminded the Council that they had asked the County to meet with those persons who were in need of information as to how the project would affect their individual property. Public Works Director said that he would like to have those persons call the City Hall and talk with him rather than call the County. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2723, approving the preliminary design for County Road 116 as stated in paragraphs A, B, and C. Motion, Ayes =5, Nays =O, Motion passed. CHRISTMAS LIGHTING - NAVARRE AREA City Administrator Bernhardson explained that the City of Mound and Spring Park are considering Christmas decorations for the street lights. The City of Spring Park has asked the City of Orono whether they would participate. Bernhardson said that he had several concerns, one of which is the lack of equipment to put the decorations up and take them down. Other concerns include storage of the decorations and the source from which payment for the electricty would come. Councilmember Goetten indicated that she would like to see some pictures of the decorations that would be used. Mayor Grabek directed staff to compile information regarding 20 • • MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 • CHRISTMAS LIGHTING NAVARRE CONTINUED the time period and overall cost of this proposal and bring that information back for the Council to consider. STUBBS BAY - REVIEW OF ISSUES It was moved by Councilmember Nettles, seconded by Mayor Grabek, to table this item. Motion, Ayes =5, Nays =O, Motion passed. ACCESSORY STRUCTURE ORDINANCE City Administrator Bernhardson asked the Council and Mayor Grabek whether they would like to have City staff begin work on an ordinance amendment regulating swimming pools. The Council and Mayor Grabek indicated that the City should proceed with such an amendment. PRIVATE /PUBLIC ROAD EXTENSION City Administrator Bernhardson explained that a developer wished to subdivide property north of Wear Lane. Access to the newly subdivided property has been an issue for some time. Bernhardson said that the City could extend the existing private road and designate a public road that would be privately maintained. Bernhardson said that he would recommend that the applicant work with the Homeowner's Association to see if the • extension is agreeable. The Council and Mayor Grabek indicated that they agreed with his recommendation. NAVARRE REDEVELOPMENT CONSULTANT CONTRACT City Administrator Bernhardson explained that there was a need for an additional $5,000.00 for the Consulting fee for the Navarre Redevelopment. Mayor Grabek believed that developing a plan for Navarre was necessary, even if the City did not implement it, it would provide some basis and guidelines for the developer. Councilmember Goetten indicated that Mr. Shardlow had done a very good job with this project and she would like to see his work continue. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to authorize amending of the agreement with Dahlgren, Shardlow and Uban regarding Navarre Redevelopment to include an additional $5,000.00 for beginning Stage II work. Motion, Ayes =S, Nays =O, Motion passed. LIEUTENANT SELECTION PROCESS Mayor Grabek said that he preferred to see management determine the selection process, rather than the Council becoming involved with discussions for an alternative process. 21 s MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 LIEUTENANT SELECTION PROCESS CONTINUED 1 • Councilmember Goetten asked how long the probation period is for the second of the three lieutenants. Chief Kilbo said that the probation period would end approximately March 13, 1990. Councilmember Goetten asked to be updated as to the progress of the second lieutenant position. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept the information presented regarding the seclection process. Motion, Ayes =S, Nays =O, Motion passed. PLANNING COMMISSION /COUNCIL FACILITIES MEETING* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to set November 8, 1989 as a date for the joint meeting of the Council /Planning Commission for consideration of the City facilities. Motion, Ayes =5, Nays =O, Motion passed. NAVARRE REDEVELOPMENT MEETING* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to accept the information regarding the Navarre Redevelopment Meeting. Motion, Ayes =5, Nays =O, Motion passed. • STREET LIGHTING ASSESSMENT RESOLUTION #2724* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2724, adopting the Supplemental Street Lighting Improvement Assessments on County Road 15. Motion, Ayes =5, Nays =O, Motion passed. EMPLOYMENT - BUILDING INSPECTOR* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to concur in the appointment of Lyle Oman to the position of Senior Building Inspector at Level 9, Step 2 +, at a rate of $14.77 an hour ($30,720 annual), and also that the Council approve the employment of Bruce Vang for the position of Building Inspector at $12.98 an hour ($27,000 annual) with a review to be conducted of both at 6 months predicated on performance. Motion, Ayes =S, Nays =O, Motion passed. ASSISTANT FINANCE DIRECTOR SALARY REVIEW* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adjust Assistant Finance Director Linda Walters' hourly wage rate from Level 5, Step I ($10.056) to Level 5, Step II ($10.647) effective October 2, 1989. Motion, Ayes =S, Nays =O, Motion passed. r 22 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 is AMM POLICY ADOPTION MEETING* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to acknowledge receipt of the policies together with any comments they may have on the policies. Motion, Ayes =S, Nays =O, Motion passed. HIGHWAY 12 SAFETY IMPROVFMENTS* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to table further discussion on this awaiting word from Long Lake on the project but City staff and the City Engineer work together to develop the feasibility study and layouts to begin discussion with appropriate property owners for the frontage roads. Motion, Ayes =5, Nays =O, Motion passed. AUDITOR APPOINTMENT 1989* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to appoint the audit firm of Pannell Kerr Forster to perform the required audits for the 1989 fiscal year at an estimated cost of $14,750 plus direct expenses. Motion, Ayes =5, Nays =O, Motion passed. SALE OF CITY PROPERTY* This item was previously removed from the agenda. 1990 -2000 CAPITAL BUDGET UPDATE* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to table this matter for further discussion in the 1990 budget process. Motion, Ayes =S, Nays =O, Motion passed. SITE APPRAISAL* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to authorize the expenditures of up to $2,000.00 for appraisal of value on Site C from the Building Fund. Motion, Ayes =5, Nays =O, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to accept the City Administrator's Information regarding: Recycling Results; Summary of Receipts & Disbursements- August; Electronic Funds; Goal Setting Status. Motion, Ayes =5, Nays =O, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett requested an Executive Session. LICENSES Councilmember Goetten expressed her concern about the use of leghold traps for controlling beavers that are causing damage to trees located near the lakeshore. 23 It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the following licenses: 23 MINUTES OF ORONO COUNCIL MEETING HELD OCTOBER 23, 1989 Septic System Installer: Duane Ritter Excavating 7120 Vernon Street Rockford, MN Gambling License: Lions Club Mound Northwest Tonka Sell Pull tabs at: Navarre Lanes 3435 Shoreline Drive Trapping Permit: Michael & Sally Bosanko 2090 Shoreline Drive Motion, Ayes =4, Goetted, Nay, Motion passed. BILLS* It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve payment of the All Funds Accounts. Motion, Ayes =5, Nays =O, Motion passed. EXECUTIVE SESSION - 10:40 P.M. Mayor Grabek requested that the Council go into an executive session at 10:40 p.m. ADJOURNMENT 11:00 P.M. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adjourn the Regular Council Meeting at 11:00 p.m. Motion, Ayes =S, Nays =O, Motion passed. 24 w&kd J. Ca lahan, 'Jr. Acting Mayor/ • �J •