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HomeMy WebLinkAbout08-22-1983 Council Minutes CITY OF ORONO REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 22, 1983. ATTENDANCE 7: 0H PM The Orono Council met on the above date with the following members present : Mayor Butler , Council- members Adams , Frahm and Hammerel . Councilmember Grabek was absent. Also present: Zoning Administrator Mabusth , Public Wcrks Coordinator Gerhardson, City Attorney Malkerson, City Engineer Cook , Planning Commission Representative Adams , and Recorder Sutton. City Administrator Benson was absent. PUBLIC HEARING CA�MAN BAY SEWER PROJECT LEHMA�/EDWARDS 7: �� �M Mayor Butler announced that now was the time and place for the public hearing concerning the Carman Bay Sewer Project. Recorder Sutton presented the affidavit of publication and the certificate of mailing . Edward Lehman and Ward Edwards were present . Butler noted that this public hearing would continue to their next Council meeting of September 12 , 1983 . Butler noted the staff ineeting on Thursday, August 25 , 1983 , to be held with the Lehm�ns and Fdw�rds . Edward Lehman noted that they have been requesting sewer since they original_ly put the main trunk lines in. He noted that at that time the trunk line was put in the surveyor stated that it would be cheaper to just raise the trunk lines and that the City would put in a lift station. Ward Edwards noted that they had requested the hookup a long time ago and that there have been so many delays . Butler stated that this public hearing will be continued on September 12 , 1983 , after more information is submitted from the staff ineeting to be held on August 25 , 19P3 , with the Edwards and Lehmans . C�RT�FNT AGENDA* Councilmember Hammerel moved , Councilmember Adams seconded , to remove item #20 from the consent agenda for further discussion. Motion, Ayes (4) , Nays (0) . Councilmember Hammerel moved , Councilmember Adams seconded , to approve the Consent Agenda* subject to � removing item #20 from the Consent Agenda , with all staff reports concerning items reviewed at this meeting to be attached to the original copy of these minutes on file in the City Clerk' s office . Motion, Ayes (4) , Nays (G3) . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 22, 19$�. APPEARANCE — DON MOSHER 7:3q PM Don Mosher asked the Council ' s opinions on such issues as revenue sharing , cable tv, new federalism and tax incentives for industrial development . Mayor Butler noted the City' s concern if they elimin�ted all revenue sharing . She noted that the current level would be fine but to cut any of that the City would have a problem with that . Butler stated that with Cable TV Orono is involved in a joint powers agreement with 1� other cities . She noted their request has been responded to and those responses are bei.ng analyized tc chcose the best one . Butler stated that none of the 14 cities are at all happy with the idea that all of a sudden all of the safeguards that they have been assured of as far as being able to control the holder of the franchise is going to go right down the tube . Butler noted that that was not part of the equation when they started into this , that the 14 cities have always been assured that we would in fact be in control of the situation. Butler felt that if the City is cut off from controlling the situation, who will control it , certainlynotthefederalgovernment? Mayor Butler noted that the City has used the industrial development bonds on rare occasions and that they would hate to see that option eliminated . AP�RflVAL OF MINUTES* Councilmember Hammerel moved , Councilmember Adams seconded , to approve the Minutes of the Regular Council Meeting of August 8 , 1983 . Motion , Ayes (4) , Nays (0) . PARK COMMISSION COMME�ITS There were no Park Commission comments . LARE MINNETONRA CONSERVATION DIST. There were no Lake Minnetonka Conservation District comments. PLANNING CC�MMISSION COMMENTS Planning Commission Representative Adams had no comments . PUBLIC COMMENTS There were no public comments . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 22, 1983. RESOLUTION #1514 #739 EDWARD LEHMAN 2450 CARMAN STREET SUBDIVISION — ISSUANCE OF BUILDING PERMIT Zoning AdministratorMabusth stated thatMr . Lehmanhas fulfilled all the requirements for final subdivision approval but that staff has asked that the City delay final approval until the Cit.y knows where those sewer lines will be . Mabusth noted that the staff would like to see utility easements dedicated on the plat . Mabusth stated that Mr . Lehman wishes to obtain a building permit to build on Lot 4 where his future homestead will be . Mr . Lehman stated that he would not include Lot 4 in the project so that he can proceed with the building permit . Councilmember Adams stated th�t the City should include such languange in the resolution that it is at the owners r i sk that he proceed , and that the Ci ty be held harmless . City Engineer Cook stated that he didn ' t think that Mr . Lehman would lose any of his options but that the applicant must make a decision by the time he installs the plumbing . City Attorney Malkerson stated additional language could be added to the resolution to read "that owner proceeds at own risk" and that "the building permit wouldn' t be approved except for the fact that sewer is available and that the certificate of occupancy will not be issued until they are hooked up to sewer" . He noted that way if they don ' t resolve anything it is still encumbant upon them to hook up to sewer . Mr . Lehman stated that he had no problem with that addition to the resolution. C�uncilmember Frahm moved , Councilmember Adams seconded , to adopt Resolution #1514 , A Resolution Approving The Request Of Edward T. Lehman To Apply For ABuilding Permit Prior To Final Subdivision Approval , subject to the additions being made as noted above and that City staff works out with the applicant for a � signature on the amended Resolution. Motion , Ayes (4) , Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 22, 1983. #754 DARYLE L. UPHOFF 2497 KELLEY AVENUE SUBDIVISION Daryle Uphoff was present . Mabusth noted Mr . Uphoff ' srequestforaPRD, duplexcredit subdivision , which would bring the property into conformance again. Councilmember Adams asked that the wording be clarified for Lot 1-4 . He stated that it should read "a single family detached. residence may never be constructed on these lots" . Mayor Butler noted that Outlot A should then be included in that type of wording too . Councilmember Frahm stated that Outlot A should read "No structure or bui.lding allowed on Outlot A" . Councilmember Frahm moved , Mayor Butler seconded , to renew this application for the subdivision noting the two changes to be made adding the word "detached" and adding "Outlot A never to be built on" . Motion , Ayes (�) , Nays (0) . �755 ROBERT DUMAS 4�I 5 OL,D CRYSTAL BAY S�JSDIVISION Robert Dumas was present . Mabusth noted Mr . Dumas requestsatwolotsubdivision. Mabusth noted the 33 ' wide easement would not be suitable to expand on Lot 2 to serve as a future access . Mabusth stated that the access issue would best be solved when the Robb property comes up for development. Mr . Dumas noted that he plans to continue to raise apples for quite a while . Mayor Butler moved , Councilmember Adams seconded , to approve the subdivision application of Robert Dumas creating two residential lots , finding the subdivision meets all standards of the RR-1B zoning district and the Orono On-Site Septic code , such approval is subject to the following conditions : l . Consideration of access to east for Lot 2 be delayed until property to immediate east is platted . 2 . Access to Lot 1 shall remain via the existing driveway easement . 3 . Lot 2 must be combined with Dumas ' new homestead as the City would be creating a land/locked parcel . 4 . Payment of a $20Q , �J01 park fee for Lot 1 . Motion, Ayes (4) , Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 22, 1983. #753 MILTON SEIFERT 1856 SHADYWOOD ROAD VARIANCE Mr . and Mrs . Seifert were present along with a tenant . Stewart Perry, applicant' s attorney, was also present . Zoning Administrator Mabusth noted that Mr . Seifert is asking for an amendment to original Resolution #11h5. Mabusth noted that in that Resolution it gave specific dates in which a lakeside cabin be removed by July l , 1983 , and that rental use of the two cabins along Shadywood cease being rented by July l , 1990 . Mabusth noted Mr . Seiferts request that that period be extended for another three years to July 1 , 1986 . Mabusth noted the Planning Commission majority opinion and minority opinion. Mayor Butler noted that she is very sensitive to the concern of the neighbors . Butler noted that she was present when Resolution �1165 was adopted and that those dates were not picked for any certain �eason except that the three years given would be ample time to amortize out the elimination of the building . Butler noted that at that time in 1980 the rental units had not posed any problem to any of the surrounding neighbors , and as a result could continue on until 1990 . Butler noted the current comments from the neighbors and their concern with the lakeside cabin and Seifert ' s request to extend the removal date another three years. Councilmember Adams stated that they were trying to move over time to a resolution of the situation , which were settled upon dates. Adams stated that if they were to move forward a year on one of them could the applicant give on the other one by making a tradeoff . Councilmember Frahm stated that this was the way they had looked at it in 1980 as a tradeoff and not coercion. Frahm noted that they had worked out a reasonable trade to help both parties . Stewart Perry, Seifert ' s attorney, s�ated that it was reasonable at the time but that there has been a change of circumstances . Perry noted that Mr . Seifert entered into that agreement in good faith but something that was totally unforeseen has happened . He noted Mr . Seifert' s involvement in a national , project , whilededicating hismedical talents , hasput a financial bind on him. Also that his new bride was un�ble to work because of the new child . Perry asked that the Citygive some consideration to one of Orono ' s citizens who is doing a good deed for a lot of people . Perry noted that by granting an extension it would help him to continue with his grant. REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 22, 1983. #763 MILTON SEIFERT Stewart Perry and the Seiferts left to discuss CouncilmemberAdamsproposalandthenreturned with an answer . Perry noted that the Seiferts would agree to giving up two years . Mayor Butler noted that that would back the street cabins up to 1988 and move the 1983 cabin to 198h . Councilmember Adams asked if the three years was related to the grant expiration . Perry noted that the grant lasts approximately a year and a half more but that it would take them some time more to recover . Mayor Butler noted the Planning Commission' s recommendati.on of the majority opinion to deny Mr . Seifert ' s request and theminorityopinion to grant a 1 year extension for the lakeshore cabin . Butler stated that in 198� the City did think they had an agreement and that they felt assured then that the agreement would be met in 1983 . What sort of thing is the City suppose to look for to assure that you won ' t be back in 198�? Perry stated that the applicant is willing to waive any objections that they presently have against the circumstances in which the agreement was arrived at . He noted that they would also waive any objections to � taking of property without compensation . Perry stated that this time it would not be a coercive situation. Mayor Butler asked if the applicant is anticipating any other innovative forms of use of his mec3ical talents? Mr . Seifert stated that he didn ' t think so . Councilmember Hammerel stated that in 198P� the applicant was told that the City doesn ' t recognize economics as a hardship. He stated that they are right back where they started in 1980 with financial problems . Councilmember Frahm stated that the City was in receipt of surrounding neighbors complaints. He noted that by granting this extension that the Citymay be setting a precedent for others . City Attorney Malkerson clarified some points by stating that the agreement is valid and an enforceable one , but that also there would not be an adverse precedent set if the Council were to modify the resolution . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 22, 1983. #753 MILTON SEIFERT Councilmember Adamsstated thathe wasappreciativeof the applicant ' s willingness to shorten the ultimate time period . Councilmember Frahm stated that a Council in 1988 could again change or give them another extension. Mayor Butler stated that she has a hard time rationalizing the granting of a variance for financial hardships . Butler stated that a two year extension would be more reasonable . Councilmember Frahm noted that the City is trying to avoid those cabins down by the lake, he noted it wasn' t discriminatory, but that the cabin located within the Q-75' setback area is detrimental to Lake Minnetonka , which is why that date was set earlier than the other . CouncilmemberHammerelasked whatthehardshipis that differs from two to three years , he noted that they still have the same hardship. Councilmember Frahm noted that the City grants variances only if there is a hardship to the land , and asked for a valid reason other than a financial one? Frahm noted that people living on fixed incomes have the same problem with the soaring taxes . City Attorney Malkerson suggested two things the City Council may wish to consider . Although this is technicallya new variance, they are actually talking about a modification of a condition to a variance that wasgranted in 1980 . Malkerson noted thatoriginally wherl these dates were set there was a lot of discussion about amortization of values , from the dol.lar value they are probably giving up more by giving up the rental on those two units for two years vs what they would be gaining for three years on the lakeshore cabin. Perry noted that he would be losing $13 , 000 and gaining about $6 ,000 . Councilmember Frahm noted that they would be modifying an existing agreement and that this really isn' t a variance . ' Councilmember Frahm stated that he was against modifying the agreement and that he didn' t want to get into another contest with coercion. He noted that he has trouble justifying it. He stated that the City' s stand on buildings within the 75 ' of the lake which is increased hardcover hasalwaysbeen strict. He noted that by giving the extension he may not have control over this in a few years . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 22, 1983. #763 MILTON SEIFERT Mayor Butler stated that it is easy enough to police the removal of the cabin by the lake but difficult to police the renting of the cabins next to the street . Stewart Perry stated that two years might not be enough time to recover from his financial bind and that three years would give him ample time. Councilmember Frahm stated thatMr . Seifertmade those decisions in 198� knowing full well what was in the agreement . Stewart Perry asked for 3P1 months to give Mr . Seifert that extra time to remove the cabin and with the reassurance that the applicant will not ask for an extension . Councilmember Frahm stated that he would only approve an extension no later than December , 1984 , based on the same Council being in office . Any thing further than that he will not approve . Mayor Butler noted that there was never any specific reason or hardship that was cited in the original resolution in 1980 . City Attorney Malkerson stated that in 198� the Council viewed this as an unique situation and acted accordingly. Mayor Butler moved , Councilmember Adams seconded , to grant an extension to the conditions as stated in Resolution �11�5 altering the dates of July l , 1983 to December 31 , 1985 for removal of the lakeshore cabin and also altering the dates on the two rental properties adjacent to the street from .7uly l , 1990 , to July l , 1988 , subject to the applicant waiving the right of challenge the constitutionality of taking without compensation and any or all other claims related to the action by the City both now and before and in the future. Butler directed staff to draft a resolution for Council ' s final approval at their meeting of September 12, 1983 , and that this is only conceptual approval . Motion, Ayes (3) , Nays ( 1) . Councilmember Frahm voted Nay. STNC�L.E SEPARATE - COPiMON OWNERSHIP ISSUE Mayor Butler asked for an update of the common ownership issue. Mabusth stated that by October staff should be able to schedule a joint meeting between the Council and Planning Commission . Mabusth noted that the common- ownership issue should be resolved by the first of the year . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 22, 1983. CHANGE ORDER �2 - 82-?_ VALLEY PAVING City Engineer Cook asked the Council for an extension of time from July 31 to August 31 based on the contractors request . City Attorney Malkerson asked if the City had incurred any additional expenses because of the delay. City Engineer Cook stated . that some inspection fees would be increased a little. Cook noted that they are over 1Qo on this particular street project . Cook stated that the sewer project will be under about 1 or 2$. Councilmember Frahm stated that he had a problem granting an extension because they are already 10� over on this project . City Engineer Cook stated that the City could justify granting the extension based on the weather . Cook stated that it wouldri' t be a hardship on the neighbors . ' City Attorney Malkerson stated that the Council could wait to grant the extension until they see that the contractor is going to finish the job. Mayor Butler stated that the City would like to see the project finished this week because school will be starting and the bus traffic will be bad . Council gave direction to City Engineer Cook that they will wait and see if the contractor can finish the job and that they will not take any action tonight . ADOPT RESOLUTION �1515 FOR 82-1 PROJECT AND CALLING PUBLIC HEARING City Engineer Cook stated thattheCity Councilneedsto call a public hearing for the Navarre Street and Utility Project 82-1 and 82-2. Cook stated the total cost for the sewer project was $301 , a46 . 62 with the same total to be assessed . Cook noted that in Schlee ' s portion that they have sewer and water . Mayor Butler moved , Councilmember Hammerel seconded , toadopt Resolution #1515, A Resolution Declaring Cost To Be Assessed , Ordering Preparation Of Proposed Assessment And Calling For A Public Hearing On The ' Proposed Assessment For Navarre Sewer And Water Improvement Project 82-1, such public hearing to be September 26, 1983 , at 7: 00 PM. Motion , Ayes (4) , Nays (p) . REGULAR MEETING OF TAE ORONO COUNCIL, AUGUST 22, 1983_ RESOLUTION �1516 FOR 82-2 PROJECT AND CALLING PUBLIC HEARING Mayor Butler moved , Councilmember Frahm seconded , to adoptResolution # 1515, A Resolution Declaring Cost To Be Asessed , Ordering Preparation Of Proposed Assessment And Calling For A Public Hearing On The Proposed Assessment For Navarre Street Improvement Project 82-2 , such public hearinq to be held September 26, 1983 , at 7 : 3� PM. Mot,ion , Ayes (4) , Nays (m) . COUNTY ROAD 15 & 19 TRAFFIC COUNTS City Engineer stated that the traffic counts presented were information items for the Council . Cook' s conclusion from those traffic counts was that the total traffic at intersection of County Road 15 and 19 is increasing and the same number of people are still using the ring route . HENNEPIN COUNTY COMMUNITY HEALTB SERVICES PLAN - PUBLIC MEETINGS Mayor Butler noted the public meetings concerning community health service to be held on August 23 , 1983 , at the Minnetonka City Hall at 7 : 00 PM and August 7_4 , 1983 , at the Richfield City Hall at 7 : 00 PM. CABLE TV REPORT Mayor Butler noted that the August 23 , and September 13 , 1983 meetings had been canceled and that on October 4 , J_983 would be the next meeting . Butler noted that the City had taken a $5, Q4�Q bid . RESOLUTION �1517 - UPPER WATERSHED RETENTION PROJECT Mayor Butler noted that this Resolution resulted out of Dave Kockran asking if the City would submit a Resolution of support for the Upper Watershed Sewer Retention Project . Mayor Butler moved , Councilmember Adams seconded , to adopt Resolution #1.517 , A Resolution Supporting The Petition Of The Lake Minnetonka Conservation District Submitted To The Board Of Managers In July, 1975 To Construct An Upper Watershed Storage And Retention Project/CP-5 Painter Creek , recognizing that this resolution will be read into the public record on August 25, 1983 , at the public hearing at Orono Senior High Auditorium. Motion, Ayes (4) , Nays (0) . REVENUE SHARING PUBLIC HEARING DATES* Councilmember Hammerel moved , Councilmember Adams seconded , to approve City Administrator Bensons memo stating the public hearing dates for Federal Revenue Sharing . August 31 , 1983 at 7 : RJPJ PM and September 26 , 1983 at 8 : 00 PM. Motion, Ayes (4) , Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 22, 1983. JOINT COUNCIL AND PLANNING COMMISSION MEETING - SEPTEMBER 1B, 1983 AT 10: 00 AM* Councilmember Hammerel moved , Councilmember Adams seconded , to approve the joint meeting of the Council and Planning Commission to be held September 10 , 1983 at 10 : 00 AM. Motion, Ayes (4) , Nays (0) . S'I'UBBS BAY/CRYSTAL BAY SEWER STUDY - PUBLIC HEARING SEPTEMBER 12, 1983 AT 7:0H PM* Councilmember Hammerel moved , Councilmember Adams seconded , to approve City Administrator Benson' s memo dated August 18 , 1983 , concerning the Stubbs Bay/Crystal Bay Sanitary Sewer Project public hearing to be held September 12, 1983 at 7 : 00 PM, reallocating Year VIII and IX C.D.B.G. funding and the proposal to retain an engineering firm to initiate the studies . Motion, Ayes (4) , Nays (0) . ZAR PROPERTY STATUS* Councilmember Hammerel moved , Councilmember Adams seconded , to approve City Administrator Benson' smemo dated August 18 , 1983 , concerning the Zak property purchase agreement for $5 , 000 . 00 . Motion, Ayes (4) , Nays (!�) . RUSSELL LUND - NEW THOUGHT CENTER Councilmember Adams asked that staff follow-up on the Church of Religious Science issue. J.S. RATZ - TRAFFIC SIGNAL �� � �12* Councilmember Hammerel moved , Councilmember Adams seconded , to approve City Administrator Benson ' s letter dated August 9 , 1983 to J.S. Katz concerning the traffic signal at County Road #6 and State Highway #12 . Motion, Ayes (4) , Nays (�1) . WEST HENNEPIN HUMAN SERVICES PLANNING* Councilmember Hammerel moved , Councilmember Adams seconded , to approve City Administrator Benson' s letter dated August 11, 1983 to Diann Dunlap and Jean Kotteman concerning their acceptance to the position as Orono ' s representatives to the West Hennepin Human Services Board . Motion, Ayes (4) , Nays (0) . SUMMIT PARK - BARBARA PETERSON* Councilmember Hammerel moved , Councilmember Adams seconded , to approve City Administrator Benson' s letter dated August 11 , 1983 , to Barbara Peterson concerning the Summit Park. Motion, Ayes (4) , Nays (�) - PARR LANE ACCESS* Councilmember Hammerel moved , Councilmember Adams seconded , to approve City Administrator Benson' s letter Dated August 12, 198:� , to the Park Lane Residents concerning the adoption of the resolution closing the Park Lane Lake Access . Motion , Ayes (4) , Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 22, 1983. PUBLIC HEARING UPPER WATERSHED DISTRICT - TIM ADAMS* Councilmember Hammerel moved , Councilmember Adams seconded , to approve City Administrator Benson' s letter dated August 12, 1983 , to Councilmember Tim Adams concerning his attendance . Motion, Ayes (4) , Nays (G3) . STORM SEWER* Councilmember Hammerel moved , Councilmember Adams seconded , to approve City Administrator Benson ' s letter dated August 11 , 1983 , to Paul Anderson concerning the storm sewer . Motion, Ayes (4) , Nays (�) • CRYSTAL BAY POST OFFICE - ROGER LEMIEUX* Councilmember Hammerel moved , Councilmember Adams seconded , to approve City Administrator Benson' s letter dated August 18 , 1983 to Roger Lemieux concerning the Crystal Bay Postoffice . Motion, Ayes (4) , Nays (�) . CITY ATTORNEY REPORT City Attorney Malkerson had no comments . LICENSES* Councilmember Hammerel moved , Councilmember Adams seconded , to approve the following licenses : Rum River Plumbing & Heating - Plumbing license Krasen Plumbing & Heating - Plumbing license Motion, Ayes (4 ) , Nays (!�) . BILLS* Coancilmember Hammerel moved , Councilmember Adams seconded , that the All Funds Accounts and the Liquor Store Accounts , be paid . Motion, Ayes (4) , Nays (0) . ADJOURNMENT Councilmember Frahm moved , Councilmember Adams seeonded , to adjourn the Council meeting at 9 : 30 PM. Motion, Ayes (4) , Nays (0) . � Ma y C . B tler , Mayor Thomas Frahm, Acting Mayor ,',���Zc�z�_������ Alberta Strom, City Clerk