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HomeMy WebLinkAbout12-11-1989 Council Minutes• • n U MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 11, 1989 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Peterson and Callahan; Councilmember Nettles arrived at 7:45 p.m. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, Chief Rilbo, City Attorney Barrett, City Engineer Cook and City Recorder Scheff ler. C.D.B.G. REALLOCATION OF YEAR XIV FUNDS PUBLIC HEARING 7:00 P.M. TO 7:05 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution 2742, amending Year XIV of the Community Development Block Grant Program transferring $14,553 from the Highway 12 Corridor Study to the Housing Rehabilitation Program. Motion, Ayes =4, Nays =O, Motion passed. CONSENT AGENDA* City Administrator Bernhardson noted that the summary of fee ordinance changes had been distributed to the Council today and that the Wayzata and Woodhill Country Clubs' applications for liquor licenses had been added to the licenses for approval this evening. Councilmember Callahan requested that items #24 and #27 be removed from the consent agenda. Councilmember Goetten requested the removal of items #29 and #30. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve the Consent Agenda, with the exception of items #24, #27, #29 and #30, which were removed and discussed in the order appearing on the agenda, and with the addition of the Wayzata and Woodhill Country Clubs' applications for liquor licenses. Motion, Ayes =4, Nays =O, Motion passed. APPPROVAL OF MINUTES* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve the Minutes of the November 27, 1989 Regular Council Meeting. Motion, Ayes =4, Nays =O, Motion passed. APPROVAL OF MINUTES* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve the Minutes of the November 30, 1989, 1990 1 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 • APPROVAL OF MINUTES CONTINUED Budget Public Hearing. Motion, Ayes =4, Nays =O, Motion passed. PARR COMMISSION COMMENTS PARR DEDICATION POLICY City Administrator Bernhardson indicated that there would be no representative present at this meeting. Berhardson said that he was presenting the park dedication policy for initial consideration. A Park Commission Representative would come to the January 8, 1990 Meeting for discussion of this policy. Councilmember Goetten thought it was a good idea to be looking at the Park Commission fees, but thought the proposed fees were a drastic change. Goetten was glad that the Park Commission was presenting this to the Council, and wondered if the Planning Commission should review this. Mayor Grabek suggested sending the Park Commission information to the Planning Commission for their review and comments before the January 8, 1990 Council Meeting. PLANNING COMMISSION COMMENTS Planning Commission Representative, Edward Brown, arrived • later. PUBLIC COMMENTS Ms. Barbara Hite, 2475 Countryside Drive, read an open letter to the Orono City Council concerning County Road 116. Ms. Rosemary Scheuer, Laker Newspaper, asked Mayor Grabek for a brief statement regarding the City of Long Lake and the sewer plant property. Mayor Grabek stated that the City of Orono had received a letter from Long Lake indicating that they disagreed with a number of points brought out in negotiations. Mayor Grabek said that the letter also indicated that Long Lake will probably proceed with annexation of the sewer plant property. Mayor Grabek said that this issue is a form of litigation and therefore he cannot discuss the matter further. ZONING ADMINISTRATOR'S REPORT: #1289 ROBERT WILL 115 OLD CRYSTAL BAY ROAD NORTH SUBDIVISION- RESOLUTION Mr. and Mrs. Will were present for this review. • City Administrator Bernhardson gave a brief explanation of this application for subdivision. Zoning Administrator Mabusth advised that the applicant 2 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 ZONING FILE #1289 -WILL CONTINUED • plans to provide an access corridor along the north side of Lot 1 to serve Lot 2 as originally indicated. At the Planning Commission Meeting, the applicant revised his proposal to locate the access corridor along the south side. Mabusth said that additional septic testing will be necessary if the access corridor is to be located along the northern boundary. Mabusth said that the location of the cul -de -sac should be left to staff's determination so that elevations, plantings and the location of the septic site on the far eastern lot can be taken into consideration. She said that the road cannot encroach within 20' of the septic test site. Mabusth asked Mr. Will to indicate his preference of the location of the driveway outlot. Mr. Will said that the real preference is to locate it on the north side of the property. He said that if the cul -de -sac is moved further north, the outlot should be along the northern border. Mr. Will said that there are less trees in that area as opposed to the south side. Mayor Grabek asked how access to the north would be achieved if the cul -de -sac is located in a more southerly location? Mabusth asked City Engineer Cook to respond to that • question. Cook said that a driveway could be constructed between the cul -de -sac and the northern outlot? He said that the cost to the property owner will increase the further the City extends the road. Cook said if the City does extend the road along the street right -of -way it should be constructed to City standards. Mabusth said that as part of this application, the Council is being asked to approve Wear Lane North as a public roadway. She said that the Planning Commission has recommended public maintenance of the road if it is to be dedicated to the public. Planning Commission Representative Brown commented that the Planning Commission recommended public maintenance because it was their feeling that the road would not otherwise be maintained. Mayor Grabek asked what made this different from other private roads. Mabusth replied that the cost factor set for each unit by the current owner of the subdivision on which Wear Lane North is presently located is $20,000.00 and that is prohibitive to Mr. Will. Councilmember Goetten expressed her concern for the need to • address the issue of private vs. public roads. She questioned whether a precedent would be set by making this a public road to be maintained publicly. 3 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 • ZONING FILE #1289 -WILL CONTINUED Bernhardson said that the City does have the ability to dedicate the road for public use and require it to be privately maintained. He said that there are multiple property owners along this road, as opposed to one developer owning all of the property as in other subdivisions, which makes this unique. Councilmember Goetten asked whether the City should be addressing the issue of private /public roads as a whole, rather than addressing them individually. Bernhardson said that access, maintenance and development of the road are the issues. The developer will be responsible for the development of the road either way. The question in regard to maintenance is whether or not the property owners of the three lots, short of the dedication of a public road, have the right to go over that portion of the privately maintained Wear Lane North. City Attorney Barrett advised that the Council need only draft an Ordinance amendment stating that in such circumstances access must be allowed to any adjacent property via underlying public access easements taken over private road outlots. Mr. Bill Wear asked where the cul -de -sac would be located. is Mabusth depicted the approximate location on the overhead sketch. Mr. Wear asked if the City was aware of the trees located in that area that would need to removed? Mabusth replied that the trees will be considered when determining the actual location of the cul -de -sac. Mr. Wear had no other comments. Mabusth asked for clarification from the City Attorney as to how much of the road will be dedicated as a public road? Barrett replied that at a minimum the northern portion will be dedicated because the easement that is available to the developer to the north is the one that the City owns. Mabusth asked if the portion of Wear Lane North now existing will remain a private road. Barrett suggested that the Council pass an ordinance that says in these circumstances these private roads must be opened to homeowners and their invitees who need to cross over the private road in order to get to their residences. • Mr. Bob Lorenzen, 2050 Wear Circle, said that he currently has a 1 /6th interest over Outlot A, which includes both Wear Circle and Wear Lane North. He asked how this public /private issue will affect the maintenance costs he now pays. 4 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 ZONING FILE #1289 -WILL CONTINUED • (Councilmember Nettles arrived at this time) Mabusth replied that the 6 properties in the development will still be responsible for maintaining Wear Circle and Wear Lane North. Mabusth asked who would be responsible for maintaining the portion of the roadway constructed by Mr. Will that exists on Mr. Wear's property as a result of extending the cul -de -sac. Barrett said that his understanding is that Planning Commission's proposal was that, because of problems of enforcing maintenance, that Mr. Will would be responsible for maintaining that portion. Planning Commission Representative Brown said that was not his understanding. He said that the Planning Commission had preferred to have the entire road publicly maintained. Mr. Wear asked about compensation from Mr. Will for constructing the road. Barrett said that the issue might be whether or not Mr. Wear has the right to compensation of that portion of the road by the homeowners and their invitees that would use it. Barrett said • that in his opinion, he would not be entitled to such compensation because the would City regulate it. Mr. Wear asked whether or not the Council had approved the covenant filed with his property? Mabusth said that the Council does not approve specific covenants or easements filed against plats. The covenants are completed by the developer, using a standard form provided by the City. The City has no authority to specify unit costs for future access of the road. Mr. Wear asked whether the Wills had actually purchased this property they are applying to subdivide? Mr. Will said that he has not had the closing to purchase the land as of this date. Mayor Grabek asked whether the City has spent all of this time on this application and they have not been dealing with the property owner? Mabusth said that Mrs. White, the owner of the property, joined in the application with the Wills. Mr. Lorenzen asked whether the existing covenants were • sufficient in handling what is being proposed. Mabusth said that what now exists is sufficient. MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 • ZONING FILE #1289 -WILL CONTINUED Councilmember Callahan said that the road, regardless of where the cul -de -sac is located, ought to go to the northern boundary line of Lots 1, 2, and 3. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to direct staff to prepare an ordinance in accordance with the opinion of the City Attorney, which will require land owners in the position of the Wear Subdivision ownership to provide access to adjoining land owners and following such preparation and in conjunction with it, the preliminary subdivision be brought back for review, and is therefore tabled at this time. Motion, Ayes =4, Goetten, Nay, Motion passed. #1445 GREGORY C. PETERSON 1355 ARBOR STREET VARIANCE /CONDITIONAL USE PERMIT FURTHER CLARIFICATION OF COUNCIL'S RECOMMENDATION Mr. and Mrs. Peterson were present for this matter. City Administrator Bernhardson summarized the events leading to this reconsideration of variance approvals. Bernhardson said that the Public Works Director has denied the applicant's request to keep the fence in its present location in the right -of -way. • Zoning Administrator Mabusth said that this is a two part application; the appeal of the administrative decision disallowing the fence to be located in the right -of -way and the height variance for the fence located within the 50' rear yard setback area. Mr. Peterson explained that he had indicated that he would be installing a 6' fence and that was part of the building permit application for the pool and the porch. He said that they had indicated at the Planning Commission Meeting that they intended to replace the existing fence. Mr. Peterson said that they made the same representations when they met with the Council. He said that he is shocked to be back before the Council because he thought he had covered everything the City required. He said that he had all along asked the City Staff if there was anything missing from their application. Mr. Peterson said that the Resolution only refers to the fence in one paragraph, but the fencing was part of the application from the very beginning. Mrs. Peterson said that she distinctly remembered talking of replacing the existing fence at the Planning Commission Meeting. Councilmember Goetten read a portion of the Planning Commission minutes from that meeting. Goetten also recollected the discussion that took place at the Council Meeting regarding • this matter. Goetten said that she did not believe any discussion took place regarding a fence under 6' around the property. Mr. Peterson said that this was a terminology issue. He i MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 ZONING FILE #1445- PETERSON • said that in his mind, the fence is around the pool area. Mr. Peterson said he never referred to the fence being around the pool. In Mr. Peterson's opinion, the backyard is the pool area. He asked why there was no specific mention, other than reference to height, in the resolution, to where the fence is to be located. He said they have done everything as they said they were going to do. Mrs. Peterson said they do not have a large enough yard to have various fences breaking up the amount of area. She said that 5' security is imperative because there is a playground right across the street. Councilmember Callahan said that he recollected that the discussions at the Council Meeting centered around the pool, the variance needed to put in the pool, and the requirements of the insurance company to protect the pool with a fence. Callahan said that the Council never thought, or thinks now, that they gave approval for the fence that now exists. Callahan said that there may be a misunderstanding, but he does not believe it is proper to leave the fence in the right -of -way. Callahan said that he could not allow a pool to be installed in that neighborhood without fencing around it. Callahan said that what is left to be decided is how to screen the pool and what variances are required to accomplish that. • Mr. Peterson said that many of the decisions they have made in regard to the pool were based on the approval given. He said that at no time did he say anything other than they intended to replace the existing fencing. Councilmember Callahan said that he does not recall replacement of a fence being discussed. Councilmember Peterson said that she had listened to the tapes of the Council Meeting twice today and at no time did she make the comment noted in the Peterson's letter. Peterson also said that at no time did the Peterson's mention replacing the fence. Peterson indicated that she too did not approve of the fence being located in the right -of -way because the Peterson's neighbor to the north could come in and request the same. She said allowing that to happen would create sight line problems. Mr. Peterson said that Mrs. Belt, to the south of them, has a fence in the right -of -way. Mr. Peterson said there are many fences in that area that are located in the right -of -way. He asked whether any size fence would be allowed within the right - of -way? Mr. Peterson said that he does not intend to declare any rights to the City's property by locating the fence there. Councilmember Callahan asked Mr. Peterson if he had • discussed the installation of the pool with the City staff? Mr. Peterson said yes, quite a bit. rl MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 • ZONING FILE #1445- PETERSON CONTINUED Callahan asked if there was any discussion about the need to fence the swimming pool? Mr. Peterson said yes. Mrs. Peterson said that she was confused by the conversation involved with the fencing and lot coverage. Callahan said that despite the misunderstanding, he did not believe the fence should exist without a fence near the pool. Councilmember Goetten said that issue was discussed all along, but at no time was a fence around the perimeter of the yard or in the right -of -way discussed. City Administrator Bernhardson said if the Council does not allow the fence to remain in the right -of -way, a determination of where to relocate the fence should be made. He said that the Council probably will not require the fence to be moved this winter. Mrs. Peterson asked what the City considered a reasonable distance between the fence and the pool? Mr. Peterson asked why that criteria was not mentioned before this? • Councilmember Peterson said that her understanding is that the fence would be put immediately beyond the width of the decking of the pool. Mr. Peterson said that he was told the only reason he needed a variance was because he had a through lot. Mabusth said that a conditional use permit is required because of the through lot, the variance is necessary for the setbacks. Mayor Grabek asked Mr. Peterson what his neighbors thought of what had been done? Mr. Peterson said that his neighbors were in favor of what he had done and that Mrs. Belt had come to the Planning Commission meeting to make sure everything was going smoothly. Public Works Director Gerhardson said that the section of Mrs. Belt's fence in the right -of -way had been removed at the request of the City. Councilmember Goetten said that she would be comfortable with a 3.5' fence as it was existing around the property to tie • in with the front picket fence. Goetten said that she did not want the fence in the right -of -way and she was concerned about the "fencing in of Orono ". She added that a fence around the pool would also be appropriate for their own liability. E3 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 ZONING FILE #1289-WILL 40 Mayor Grabek asked Public Works Director Gerhardson if the fence in the right -of -way would pose a problem? Gerhardson replied that fences usually do pose a problem because of maintenance, tree removal, etc. Mayor Grabek suggested requiring the Petersons to move the fence back out of the right -of -way, but keep the fence the way it is now and if there is any change in the height, a variance will be required. Councilmember Goetten asked what height the fence could be? Mayor Grabek said that it could remain at the 5' height on the one side, but 3.5' will remain. He said allowing the fence to be 5' all the way around would give a "boxed -in look" to Orono. Mrs. Peterson said that all of the houses in their neighborhood were already boxed -in. Mayor Grabek said that the fence has to be removed from the right -of -way. He said the Petersons could then come back to the Council with a plan of what they would like to do with the rest of the lot. • Mr. Peterson said that he had thought he had already done that. Mayor Grabek said that he was trying to reach a compromise for the Petersons that would mean the minimal amount of work at a minimal price. Mayor Grabek said that in the Spring they can move the fence back out of the right -of -way and come back before the Council with their proposal for the remainder of the fence. Councilmember Peterson said that she understood their hardship about buying the additional 18' of the adjacent property. Councilmember Nettles asked the Petersons if their primary concern was safety or privacy. Mrs. Peterson said that it is both. The Art Center parking lot is across from their property. Councilmember Nettles suggested a cover for the pool that could be locked. Mr. Peterson indicated that financially that would not be possible. Nettles believed that it was unreasonable to have a fence 3' • from the pool. 0 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 ZONING FILE #1289- PETERSON CONTINUED Nettles asked what problems had been encountered with Mrs. Belt's fence that had been located in the right -of -way? Gerhardson said that maintenance requirements differ from year to year. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to move the fence back out of the right -of -way by June 30, 1990 and present a plan to the City for the remainder of the fencing on the property by May 1, 1990. Councilmember Goetten asked at what height the fence being removed from the right -of- way could be re-installed? Mayor Grabek said 51. Councilmember Nettles said that he would probably vote against this because he does not believe the fence should be moved out of the right -of- way. He said that the fence has been in that location for many, many years and has not caused any problems. Councilmember Callahan said that he does not believe stuctures should be allowed in the public right -of -way. Councilmember Goetten concurred. Motion, Ayes =3, Goetten, Nettles, Nay. #1471 DARYLE UPHOFF 2699 KELLY AVENUE CONDITIONAL USE PERMIT RESOLUTION #2737 Mr. Uphoff was present for this matter. City Administrator Bernhardson explained this application for a conditional use permit to repair a sea wall. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to adopt Resolution #2737, approving the conditional use permit for repairing a sea wall at 2699 Kelly Avenue. Motion, Ayes =S, Nays =O, Motion passed. #1472 DAVID CARLSON 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT Mayor Grabek informed the public and the Council that this item had been tabled at the request of the applicant. City Administrator Bernhardson requested authorization from the Council to direct the City Attorney to research reasonable uses of this property. Mayor Grabek stated that the City Attorney is so authorized. #1474 DONALD BELAWSKI 1695 CONCORDIA STRET VARIANCE is The applicant was not present for this matter. City Administrator Bernhardson informed the Council and Mayor Grabek that the applicants were seeking a hardcover variance to remove an existing garage and replace it with a 10 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 ZONING FILE #1474- BELAWSRI CONTINUED garage existing on an adjacent property. Assistant Planning and Zoning Administrator Gaffron said that the Planning Commission did not recommend removing any existing hardcover. Councilmember Goetten said that she would like to see a little trade -off and that removal of some hardcover would be appropriate. Mayor Grabek asked whether the Council could request removal of hardcover without the applicants being present? Bernhardson replied that if Council voted in favor of hardcover removal, the applicant could come back before them to express his objections. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to request the applicant to remove excess hardcover (amounts and location to be determined by staff ) and allow him to come back before the Council should he object to removing hardcover. Motion, Ayes =S, Nays =O, Motion passed. #1476 DAVID AND SUZANNE PRASS 1065 LINDEN LANE VARIANCE RESOLUTION #2738 Mr. and Mrs. Prass were present for this review. City Administrator Bernhardson explained the brief history of this application. He said that the applicants have submitted proof of insurance as requested by the Planning Commission, but coverage is unclear. Bernhardson suggested that approval be conditioned on proof of insurance being satisfactory. Mr. Prass said that he did not understand what question the City had regarding liability. Bernhardson said that the binder indicated that coverage is in effect for a vacant lot, but if there are any buildings on the property, a special insurance would be required. Bernhardson said that the pump house and the pool may both constitute buildings. Councilmember Goetten asked Mr. Prass if he had a time in mind for rebuilding? Mr. Prass understood that he had one year to file for a building permit. Goetten asked if that was his intent? Mr. Prass said it was. 11 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 • ZONING FILE #1476 -PRASS CONTINUED Councilmember Callahan said that the application should be denied because he sees no reason for an accessory structure remaining without a principal structure. He said that the pre- existing principal structure was removed due to the failure of the applicant to conform to the requirements of the City. Callahan believed that it would be a long time, if ever, before the Prasses will rebuild. Councilmember Goetten said that she agreed with Callahan, but thought that a deadline for building could be established by Council. Zoning Administrator Mabusth noted that the resolution addresses those concerns and deadlines. Mabusth added that the resolution will be amended to include the pumphouse. Bernhardson said there was a problem with the City's policy regarding the building deadline in that it allowed a 24 -month construction period. He suggested placing a 6 -month deadline on construction time. Mabusth said that the City's policy requires that construction activity begin within 6 months of the issuance of the building permit. • Bernhardson said that a certificate of occupancy should be obtained within 6 months. Mayor Grabek noted that the pool cannot be removed until spring. Mrs. Prass clarified that the pumphouse is not a free standing structure, but it is built into a hill, like a cave. She said if the pumphouse were to be removed, the hill would also be removed. Mr. Prass asked why the City would only allow him 6 months to construct a house when 24 months is the standard. He said they have owned and used the property for 20 years. Councilmember Callahan asked who had signed the zoning application? Mr. Prass replied that the fee holder had signed and noted that he purchased the property on a contract for deed 20 years ago. Mayor Grabek asked the Prasses where they live? • Mrs. Prass said that they live in Minneapolis and the home they had to tear down was their summer home. Mayor Grabek suggested the date of September 1, 1990 for applying for the building permit and giving the Prasses 12 months MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 ZONING FILE #1476 -PRASS CONTINUED • to complete the exterior of the building and an additional 12 months for the interior work to be completed. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to amend Resolution #2738, to require the applicants to apply for a building permit by September 1, 1990, have the exterior work completed within one year and the interior work completed one year beyond that. Motion, Ayes =4, Callahan, Nay, Motion passed. #1478 ROBERT RITCHIE 3572 SHORELINE DRIVE CONDITIONAL USE PERMIT RESOLUTION #2739 Mr. Ritchie was present for this matter, as was Dr. Janet Roshar, the proposed occupant of this property. City Administrator Bernhardson explained this application for a conditional use permit for a veterinarian clinic. Councilmember Callahan said that the Planning Commission's recommendation was unusual. Callahan questioned the circumstances that could result if the Council denies the application. Callahan recollected that the reason for the Planning Commission recommendation was due to the date of the • real estate closing on the property. Mr. Ritchie added that the date for Dr. Roshar to begin her practice was also a pertinent factor in the Planning Commission recommendation. Councilmember Nettles said that any risks would fall on the buyer of the property. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2739, approving the conditional use permit for Robert Ritchie. Motion, Ayes =5, Nays =O, Motion passed. #1480 ED AND GERDA TOTH 725 OLD CRYSTAL BAY ROAD SOUTH VACATION - RESOLUTION #2740 Mr. and Mrs. Toth were present for this review. Assistant Planning and Zoning Administrator Gaffron explained this application for a vacation and rededication of a drainage easement. Gaffron said that the City Engineer has reviewed this proposal and recommends approval of the vacation and rededications. In addition, the applicants are requesting approval of a side setback variance for a deck and appeal of an administrative decision denying construction of a fence in the • right -of -way of Farview Lane. Gaffron briefly explained the request for a side setback 13 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 • ZONING FILE #1480 -TOTH CONTINUED variance of just under one foot relation to the west lot line. due to the angle of the house in Public Works Director Gerhardson said that a driveway had been constructed off of Farview Lane. He said that the fence would identify the curb cut and would have aesthetic value, but offers no security. Mayor Grabek asked why the fence could not be placed within the property lines? Gerhardson said that the applicants believe that would serve no purpose because of the steep slope. Mayor Grabek asked if the fence would pose a problem for road maintenance? Gerhardson said that it may interfere with snow removal but the City prefers not to have structures in the right -of -way. Gerhardson said that he would provide information concerning liability for structures within the right -of -way at a later time. Mr. Toth said there is a heavy stand of trees that are closer to the roadway than the fence. Mr. Toth believed that • the City put a split rail fence on the corner of Farview that is only 3' or 4' from the roadway. Mr. Toth said that there was a steep grade in the driveway coming off of Farview and a delivery truck fell off of the drive. He said that he had brought in a lot of fill for both sides of the driveway, but can add no more without changing the topography. Mr. Toth said the fence will add to the lot aesthetically and will provide safety by defining the driveway. Gerhardson said that the City has not placed any fencing in the right -of -way. Councilmember Goetten asked if the access onto Old Crystal Bay Road was being closed? Gerhardson said that is the intent, but that this driveway onto Farview is being used on a trial basis over the winter. Councilmember Goetten said that it was unusual to have two separate accesses to one property. Gaffron explained that David Nitz, previous owner of the property, had constructed the house and had originally proposed three different locations for the driveway. Gaffron said that there were certain requirements that had to be addressed with the • various locations, and Nitz eventually settled on the Farview access after the house and Old Crystal Bay Road acess were built. Gaffron said that it is the City's position that there be only one access for this property. 14 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 ZONING FILE #1480 -TOTH CONTINUED • Gernhardson added that the Toths agreed to that. Mr. Toth said that he would willing to sign a hold harmless agreement releasing the City from any liability should the fence be damaged. He said that the fence will help define the driveway. Mayor Grabek asked Gerhardson whether the fence will in fact aid in defining the driveway? Gerhardson said the fence would be one way to define the driveway. Goetten suggested that shrubs would serve the same purpose. Mr. Toth said that the fence would offer more support in keeping any vehicles from falling off of the driveway. Goetten advised Mr. Toth that he did not need a variance for bushes and shrubs. City Administrator Bernhardson said that there are alternatives for defining the driveway. He suggested tabling that portion of the application until the January 8, 1990 meeting to allow time to explore those options. is It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2740, approving the vacation, and to approve the .9' side setback variance. Goetten said that she could not see any hardship for the deck setback variance. Callahan asked the applicant to explain his hardship. Mr. Toth said that there is a discrepancy in the surveys indicating the location of the house. Motion, Ayes =2, Peterson, Goetten, Callahan, Nay. Motion failed. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2740, approving the vacation and rededication of the drainage easements. Motion, Ayes =S, Nays =O, Motion passed. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to conceptually deny the .9' side setback variance. Mayor Grabek indicated he felt that the .9' is such a small amount that it will have no impact on anything. Motion, Ayes =3, Nettles, Mayor Grabek, Nay, Motion passed. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to table the administrative appeal regarding the placement of a fence in the right -of -way to the January 8, 1990 Council Meeting. Motion, Ayes =5, Nays =O, Motion passed. • 15 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 • ENGINEER'S REPORT: HIGHWAY 12 SEWER AND WATER PAYMENT #1* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve payment #1 in the amount of $84,872.25 to Albrecht Excavating, Inc., for the Highway 12 sanitary sewer and water main project. Motion, Ayes =4, Nays =O, Motion passed. LIFT STATION #10 PAYMENT #4* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve payment #4 in the amount of $23,157.33 to Albrecht Excavating, Inc., for the sanitary sewer improvements lift station #10 and #43 replacement. Motion, Ayes =4, Nays =O, Motion passed. REQUEST FOR PAYMENT WOODHILL AVENUE 3RD AND FINAL PAYMENT* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve the third and final payment in the amount of $6600.70 to Hardrives, Inc., for Woodhill Avenue Street Improvements. Motion, Ayes =4, Nays =O, Motion passed. WATER WELL TEST DRILLING PAYMENT #1* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve payment #1 in the amount of $20,688.62 to •Keys Well Drilling Company for water well test drilling. Motion, Ayes =4, Nays =O, Motion passed. MAYOR /COUNCIL REPORT: There was no report from the Mayor or Councilmembers. CITY ADMINISTRATOR'S REPORT CITY FACILITIES City Administrator Bernhardson said that he was presenting information regarding cost information at $80.00 per square foot for the city facility and at $48.00 per square foot for the public works. Bernhardson said that Ehlers and Associates was asked to layout the financing options and that information is also being presented. Bernhardson said that it would be helpful if the schematic phase of this project could begin with the architect. The cost to initiate this phase will be approximately $22,000.00 which will be offset from the architectural fees quoted. Bernhardson said that the schematics would be especially helpful in determining the amount of space needed, including expansion room. Bernhardson said that the information presented also sets out the various decisions and issues that will need to be addressed as the process continues. Mayor Grabek said that it was a good idea to keep moving • forward. Councilmember Goetten thought that the $80.00 and $48.00 per square foot indicated was high. Goetten said that she was concerned about the escalating cost of this project and the lack 16 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 CITY FACILITIES CONTINUED • of definite information being presented to support the costs. Mayor Grabek said that he understood it was the concensus of the Council and Planning Commission to go with the higher cost /foot because of the long term maintenance cost. Goetten said that she would like to compare the $80.00 with a lesser cost per foot. Grabek said that was the purpose of visiting other facilities. Grabek said that the majority of Council and Planning Commission felt it was better to go with cement than dry wall. Grabek said that the $80.00 was not for luxurious furnishings, but rather good, sound construction and maintenance. Goetten said that she has not seen any facts to support that. She said that she does not know how the estimates went from approximately $70.00 to $80.00. Goetten said that she too was concerned about the most quality for the dollar. Councilmember Callahan said that the City was not committing itself to $80.00 /square foot. Callahan said until the knows what it is going to build a cost /square foot will be difficult to determine. He agreed with Goetten that the estimated cost has escalated considerably. • Councilmember Goetten said that she wanted to be assured that the $80.00 figure is the only figure that is considered. Goetten said there should be some give and take and other options considered. Councilmember Callahan asked how the schematics could be drawn without a site for the facilities being determined? Bernhardson said that the schematic preparation could be started without knowledge of the actual site. Councilmember Goetten believed that having a public meeting in January or February would be too early. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to direct staff to provide the necessary information to aid in determining a site for the facilities and to adopt attachment F extending Boarman's contract to undertake the conceptual design. Motion, Ayes =S, Nays =O, Motion passed. WESTONRA POOL - REQUEST FOR ASSISTANCE Ms. Lorraine Painter and Mr. Chuck Champine were present as representatives for the Westonka Pool Boosters. City Administrator Bernhardson said that there will be a • $12,500 deficit for the Westonka pool. The Westonka Pool Boosters are requesting contributions from the cities of Orono, Mound, Spring Park, and Minnetrista in the amount of 17 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 WESTONKA POOL CONTINUED approximately $1,200 to $1,800. Bernhardson suggested a contribution at this time of $1,500. He said that Spring Park is hoping for a joint powers, or some other funding arrangement. Mound, Spring Park and Minnetrista have agreed to contribute the same amount Orono is proposing. Ms. Painter explained the circumstances under which the pool situation came to be. She also informed the Council of the many community uses for the pool. She said that community use far outweighs school use. Ms. Painter said that the School Board is being asked to fund whatever portion they can. She said that research has indicated that there is only one pool in the entire metropolitan area that is not subsidized. She indicated that in going door -to -door there has been over 90% of persons indicating support and signing the petition being circulated. Councilmember Goetten asked what impact this request for funding will have on the new Orono pool? She assured Ms. Painter that she is not against the Pool Boosters proposal. Bernhardson said that Councilmember Goetten's question is one reason he is recommending the $1500.00 interim contribution. This will allow the City to contribute, but look into the ramifications of future funding. Mr. Chuck Champine showed the Council how the Pool Boosters hope future funding of the pool will be accomplished. He believed that there is a present need for funding that will diminish in the future. Mr. Champine said that there should be a reduction in the operation cost of the pool due to the acquisition of a pool blanket. He said that with the combination of the School Board, Pool Boosters and community service funds that it may not be necessary to ask Orono for money next year. He urged the Council and Mayor Grabek to consider entering into a joint powers agreement with the other cities. Mayor Grabek said that he had no objections to Orono paying its fair share, but he is concerned about long term subsidizing. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to authorize a $1500.00 contribution out of contingency for 1990. Ms. Painter suggested that Orono may wish to contribute more to show a good faith effort on their part. She said that would signal the School Board and other cities to do likewise. Mayor Grabek stated that $1500.00 is an affordable and reasonable contribution. Mayor Grabek said that the City needed to explore the issue of joint powers. Motion, Ayes =S, Nays =O, Motion passed. • 1990 HEALTH INSURANCE It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt a rate of $211.00 per month for family health coverage for general employees for 1990. Motion, Ayes =S, Nays =O, Motion passed. 1R MINUTES OP THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 1990 COMPENSATION ADJUSTMENT - RESOLUTION #2741 • It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2741, establishing the compensation schedule for 1990. Councilmember Peterson said that she still does not understand the proposal for lump sum payments to certain Public Works employees. Bernhardson said that the purpose of lump sum payments is to bring those employees in line with the comparable worth. Bernhardson said that these persons will receive a 3% increase and a 1% lump sum payment payable quarterly. He said that the standard 4% increase could be used if the Council would prefer. Councilmember Goetten indicated that she would prefer to see a merit system used for raises rather than an across - the -board raise. Goetten said that she failed to see where there is any incentive if an employee already knows of his /her raise for the year. Bernhardson said that he has looked into the aspect of merit raises and would bring that information forward at a future meeting. He said that in order for an employee to receive this increase he /she must be performing at an adequate level. He said that the system does not provide a way to reward those that are is doing superior performance. Motion, Ayes =3, Peterson, Goetten Nays; Goetten would prefer to see a merit system, Peterson concurred and would like to see the Public Works employees receive 4 %, rather than the lump sum payments. Motion passed. STUBBS BAY SEWER - ESTABLISH MEETING DATE Councilmember Callahan questioned whether there would be a joint meeting with the Planning Commission every time there is an issue to be discussed? Mayor Grabek said that joint meetings with the Planning Commission are a good idea. He said they don't have to meet with them every time. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to establish January 30, 1990 as the date for a joint meeting with the residents of the Stubbs Bay area regarding Stubbs Bay Sewer. Motion, Ayes =S, Nays =O, Motion passed. CANINE PROGRAM City Administrator Bernhardson presented information to the Council following up on the meeting earlier this summer. Bernhardson said that he would address any comments or questions the Council may have, but is recommending tabling. • It was moved by Councilmember Callahan, seconded by Mayor Grabek, to table this matter until the January 8, 1990 Council 19 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 • CANINE PROGRAM CONTINUED Meeting. Councilmember Goetten did not believe that there is any need for a canine program. Councilmember Peterson thought that a decision had been delayed long enough. Motion, Ayes =4, Peterson, Nay, Motion passed. CONSULTANT SERVICES REVIEW PLAN Councilmember Callahan asked whether just a cursory review of the consultant fees had been performed? Bernhardson said that was correct. Councilmember Goetten said that the 5 -year frequency for reviews is a long time. Goetten suggested a 3 -year review would be more appropriate. Councilmember Callahan suggested tabling this until more comparative fee information is provided. Bernhardson indicated that he would prefer to have the Council vote this evening so that Bonestroo will have a contract by the lst of January. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to table this matter until the February 12, 1990 Council Meeting to allow staff time to complete their review of the fees. Motion, Ayes =5, Nays =O, Motion passed. 1990 BUDGET* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to adopt Attachment A as its 1990 Budget. Motion, Ayes =4, Nays =O, Motion passed. 1990 STRATEGIC PLAN* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to adopt Attachment A Strategic Plan for 1990 with 1990 to be included in the Administrators Goal Setting. Motion, Ayes =4, Nays =O, Motioin passed. 1990 FEES - ORDINANCE AMENDMENT AND SUMMARY FOR PUBLICATION ORDINANCE 76, 2ND SERIES Councilmember Callahan questioned whether the proposed fees are high enough, especially the fees for the golf course. Public Works Director Gerhardson said the golf course fees are approximately $1.50 less per round than surrounding golf courses. Gerhardson said that the topography of the golf course is such that it is necessary to draw golfers to the course. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to adopt Ordinance #76, Second Series, as the 1990 Fee Schedule repealing Ordinance Number 62 Second Series, 65 Second Series, 68 Second Series, 70 Second Series, 73 Second Series and 74 Second Series and adopt Attachment B as the Summary Ordinance 20 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 1990 FEES - ORDINANCE AMENDMENT CONTINUED is for Publication. Motion, Ayes =5, Nays =O, Motion passed. 1990 -91 ASSESSING SERVICES* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to select Paul Smith and Associates to provide its assessing services for the period of 1 January 1990 to 31 August 1991 and that staff be directed to enter into a contract with Mr. Smith to provide such services. Motion, Ayes =4, Nays =O, Motion passed. COMPREHENSIVE PLAN - SYSTEMS STATEMENTS - RESOLUTION 2743 Councilmember Goetten asked whether the issue of private /public road was being addressed in the comprehensive plan. City Administrator Bernhardson said that it probably does not matter to the Metropolitan Council whether Orono has private or public roads as it would not effect the regional transportation system. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2743, requesting a time extension from the Metropolitan Council for responses to the systems statement. Motion, Ayes =S, Nays =O, Motion passed. DARE PROGRAM - ORONO SCHOOLS Councilmember Goetten said that she is elated that the 5th grade Coordinator has established a pilot DARE program. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to accept the information encouraging the school district to work to make the pilot program a success and to then expand the program f or the f a 11 f or grades 4 through 6. Motion, Ayes =5, Nays =O, Motion passed. RECYCLING BID AWARD - 1990* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to award the curbside recyling bid for 1990 to Polka Dot Recyclers of Buffalo, Minnesota for an annual amount of $26,400 for bi- weekly curbside pick -up and to enter into a contract with Polka Dot Recyclers. Motion, Ayes =4, Nays =O, Motion passed. CDBG REALLOCATION OF YEAR XIV FUNDS - RESOLUTION #2742* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to adopt Resolution #2742, amending Year XIV of the Community Development Block Grant Program transferring $14,553 from the Highway 12 Corridor Study to the Housing Rehabilitation Program. Motion, Ayes =4, Nays =O, Motion passed. 1990 MOUND FIRE CONTRACT* It was moved by Mayor Grabek, seconded by Councilmember 10 Callahan, to adopt its fire service contract with Mound for 1990. Motion, Ayes =4, Nays =O, Motion passed. 21 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 00- 1_UWNSURANCE RENEWALS* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to award the City of Orono 1990 insurances to the League of Minnesota Cities Insurance Trust, United Fire & Casualty and Western National, effective January 1, 1990, as proposed. Motion, Ayes =4, Nays =O, Motion passed. AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to authorize the City Treasurer to disburse City funds in payment of claims received for the December 25th Council meeting, which has been cancelled and that such paid claims are to be presented at the January 8, 1990 regular Council meeting for formal approval. Motion, Ayes =4, Nays =O, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to accept the City Administrator's Information regarding: Art Center; 1950 Shoreline Drive; Section 89; 3442 Rest Point Circle; Certificate of Achievement for Excellence in Financial Reporting. Motion, Ayes =4, Nays =O, Motion passed. CITY ATTORNEY'S REPORT: There was no report from the City Attorney, however, City Attorney Barrett requested an Executive Session. SBS* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve the following license: Septic System Installer: K's Mechanical 20880 Nowthan Blvd. Elk River, MN Commercial Kennel: D. Brian /Cathy L. Fulmer The Dog House Boarding Kennels, Inc. 3505 Wayzata Blvd /Cathy L. Fulmer Residential Kennel: 404,j- 40 Maxwell E. Alvord 960 North Brown Road Thomas & Ingrid Anderson 3550 North Shore Drive Wayne E. & Gayle D. Carrier 1376 North Arm Drive Frank & Sue Kokesh 4100 Watertown Road Marilyn Pickard 4607 Watertown Road G. James & Judith A. Spinner 940 North Arm Drive 22 MINUTES OF THE ORONO COUNCIL MEETING OF DECEMBER 11, 1989 LICENSES CONTINUED Frank Yusup 2220 French Creek Circle John E. Baker 4680 West Branch Road Rollie & Nancy Martin 2675 Shadywood Road Ross B. Nathanson 2420 Countryside Drive Liquor: Wayzata Country Club 200 Wayzata Blvd. Woodhill Country Club 202 Woodhill Road Motion, Ayes =4, Nays =O, Motion passed. a BILLS* It was moved by Mayor Grabek, seconded by Councilmember Callahan, to approve payment of the All Funds Accounts. Motion, Ayes =4, Nays =O, Motion passed. EXECUTIVE SESSION - 10:10 P.M. City Attorney Barrett requested that the Council go into an executive session at 10:10 p.m. ADJOURNMENT 10:35 P.M. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adjourn the Regular Council Meeting at 10:35 p.m. Motion, Ayes =5, Nays =O, Motion passed. 23 Jam s R. Grab4k,, 11albor W At *0