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HomeMy WebLinkAbout09-26-1983 Council Minutes CITY OF ORONO REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1983. PAGE 1 ATTENDANCE 7:08 PM The Orono Council met on the above date with the following members present : Mayor Butler , Council— members Adams , Frahm , Hammerel . Councilmember Grabek arrived at 9: 04 PM. Also present : City Planner Olson, Zoning Administrator Mabusth, Public Works Coordinator Gerhardson, City Attorney Malkerson , City Engineer Cook , and Recorder Sutton. City Administrator Benson arrived at 7 : 20 PM. ASSESSMENT HEARING - 1982-1 NAVARRE UTILITY IMPROVEMENTS PUSLIC HEARING 7: 0H — 7: 25 PM Mayor Butler announced that now was the time and place for the public hearing concerning the proposed assessmentfor the 1982-1Navarre Utility Improvement Project. City Planner Olson noted thecertificateof mailing and the affidavit of publicatien. Mr . Leo Slechta of 370H Northern Avenue, Mr . ,Joe Huderlie of 359G1 Northern Avenue and David Bie of 3496 Shoreline Drive were present for the public hearing . City Engineer Cook reviewed with the Council the 1982— 1 Navarre Utility Improvement which consisted of the construction of a trunk sanitary sewer from the existing lift station down on Togo Road and Shadywood Road and covering some of the Navarre area . Cook noted the total cost of the project was $301, 046. 62. Councilmember Adams stated that the Schlee plat would be assessed 47$ of the total cost of the project . - < City Planner Olson noted that all notices that were sent out included the total payment for each property owner . Mr . Leo Slechta of 37�H Northern Avenue stated that he didn' t really have a problem with the utility project but asked when the City was planning on fixing the big hole in front of his driveway. Public Works Coordinator Gerhardson stated that the contractor would fix the hole in front of Mr . Slechta as soan as possible. Mr . Joe Huderlie of 3590 Northern Avenue noted his concern with the shoulder of the road and its severe drop off . REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 25, 1983. PAGE 2 David Bie of 3496 Shoreline Drive asked what the purpose was of installing sewer and spending tax payers money on this? Mayor Butler stated that the sewage flow through the one existing lift station was too much and with the introduction of the Schlee plat it was determined that the Navarre area needed another line. Butler stated that essentially the Navarre area needed a bigger pipe and that the City saved some money by doing the project now because the Schlee developer paid 47� of the total cost of the project. City Engineer Cook stated that the line was undersized before the Schlee plat was ever proposed and that this was needed regardless of whether the Schlee Builders had built there or not. Councilmember Frahm stated that the City was looking at a way to solve the sewer problem in Navarre before Schlee ever came in with their application. Frahm stated that after Schlee Builders presented their proposal that the City felt this was the most economical way to do the project . Frahm noted that it would have been more expensive if Schlee Builders hadn' t come in, so to the City actually saved some money. After all persons present had an opportunity to be heard , Mayor Butler closed the public hearing at 7: 25 p.m. ASSESSMENT HEARING — 1982-2 NAVARRE STREET IliPROVEMENTS PUBLIC HEARING , 7: 3H - 7: 36 Mayor Butler announced that now was the time and place ` for the public hearing concerning the proposed assessment for the 1982-2 Navarre Street Improve- ments. City Planner Olson noted the certificate of mailing and the affidavit of publication. Mr . Geyen of 3596 Shoreline Drive and David Bie of 3496 Shoreline Drive were present for the public hearing . Mr . Geyen stated that he was unhappy with the curbing of this project around his property and also that he was informed that his front parkinq area would be sealcoated when the other sealcoating was being done in the area. Mr . Geyen stated that this needed to be done right away so that he could stripe the area for par king . City Engineer Cook stated that Mr . Geyen ' s lotdid have some potholes and that the City fixed those for him . Cook noted that the curbing near Mr . Geyen ' s lot would be raised to match the other curbing . REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1983. PAGE 3 Councilmember Frahm asked for an estimate to sealcoat Mr . Geyen' s front parking lot while the contractor was sealcoating in the area. City Fngineer Cook stated that the City hadn' t originally planned to sealcoat Mr . Geyen ' s front parkinglotbutthatapproximately $1H0. 00would cover the cost . Council noted that the contractor would also sealcoat Mr . Geyen ' s front lot . David Bie of 3496 Shoreline Drive stated there was a big pothole in front of his property and that Hennepin County won' t fix it and the City says they don' t have the money to fix it. After all persons present had an opportunity to be heard , Mayor Butler closed the public hearing at 7: 36 p.m. RESOLUTION #1526 1982-1A Mayor Butler moved , Gouncilmember Frahm seconded , to adopt Resolution #1526, A Resolution Adopting The Assessment Roll For Navarre Utility Improvement Project 1982-1A. Motion, Ayes (4) , Nays (�) . RESOLUTION #1527 1982-18 Councilmember Adams moved , Mayor Butler seconded , to adopt Resolution #1527, A Resolution Adopting The Assessment Roll For Navarre Utility Improvement Project 1982-1B. Motion, Ayes (4) , Nays (�) . RESOLUTION #1528 ` �� 1982-2 - STREETS Councilmember Hammerel moved , Councilmember Frahm seconded , to adopt Resoltion #1528, A Resolution Adopting The Assessment Roll For Navarre Street Improvement Project 1982-2. Motion, Ayes (4) , Nays ��) - PUBLIC HEARING - REVENUE SHARING 8:00 - 8: 20 Mayor Butler announced that now was the time and place for the public hearing concerning the Revenue Sharing Budgetfor 1984 . Recorder Sutton noted the affidavit of publication. There was no one present for this hear ing . Mayor Butler closed the public hearing at 8 : 20 p .m. Mayor Butler moved , Councilmember Adams seconded , to approve the proposed 1984 budget format of pro posed revenue sharing spending . Motion, Ayes (4) , Nays ��) - REGULAR MEETING OF THE ORONO COUNCIL, SEPTE�BER 26, 1983. PAGE 4 CONSENT AGENDA* Mayor Butler moved , Councilmember Adams seconded , to add item #201 to the Consent Agenda . Motion , Ayes (4) , Nays (0) . Mayor Butler moved , Councilmember Adams seconded . to approve the Consent Agenda* , subject to adding item #20 to the Consent Aqenda , 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 (�) - APPROVAL OF MINUTES* Mayor Butler moved , Councilmember Adams seconded , to approve the Minutes of the regular meeting of September 12, 1983 . Motion, Ayes (4) , Nays (�) . MINUTES OF JOINT PLANNING COMMISSION AND COUNCIL MEBTING* Mayor Butler moved , Councilmember Adams seconded , to approve the Minutes of the Joint Council and Planning Commission meeting held September 20, 1983 . Motion , Ayes (4) , Nays (0) . PARR COPiMISSION COMMENTS There were no Park Commissien comments . LAKE MINNETONRA CONSERVATION DISTRICT REPORT Jo Ellen Hurr was present. Hurr noted the upcoming events of the L.M.C.D. Mayor Butler asked when the L.M.C.D. is planning on reviewing the task force reporr_ . Hurr stated that she is going to suggest that the L.M.C.D. hold a special meeting to review that report . Hurr noted that she will then bring the task force report back to the City for their review and suggestions . -- < Councilmember Grabek moved , Mayor Butler seconded , to instruct the L.M.C.D. that Hurr nominate someone else than Mr . Brown to be chairman of the board because of the upcoming events and difficult issues. Grabek noted that every experience he has had with the L.M.C.D. has been bad and he felt that someone else needs to head the board of directors . Jo Ellen Hurr stated that politically that would put Orono in a bad position and asked that they reconsider that suggestion . Councilmember Frahm stated that the City should then suggest someone they want to head the board if they are going to make that request . REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1983. PAGE 5 Mayor Butler noted that the timing and placing of the L.M.C.D. meetings prevents public imput and that the L.M.C.D. should consider scheduling their meetings where the public can attend and give their imput . Councilmember Grabek stated that with the structure of the board of directers now, they can ' t handle the upcoming events. Jo Ellen Hurr suggested that the City should consider asking her to tell Mr . Brown to not consider another term rather than finding someone within three days of the appointing of the board . Councilmember Frahm asked if Grabek would consider withdrawing the motion. Councilmember Grabek stated no and a vote was taken. Motion, Ayes (1) , Nays (4) . Grabek voted aye. Motion Failed . PLANNING COMMISSION COI�iMENTS There was no Planning Commission representative . PUBLIC COMMENTS There wer.e no public comments . BIG ISLAND RECORD LOT AREA VARIANCES - 29 RESOLUTIONS RES. #1529-1557 Mayor Butler moved , Councilmember Frahm seconded , to approve Resolutions #1529-#1557, Resolutions Grant- ing Let Area Variances to 29 Big Island Lots . Motion , Ayes (4) , Nays (0) . RESOLUTION #1558 - � #695 GUENTHER ROTH 1428 BALDUR PARK RD VARIANCE Zoning Administrator Mabusth noted that Mr . Roth had signed off on the Resolution. Mayor Butler moved , Councilmember Adams seconded , to approve Resolution #1558, A Resolution Granting A Variance to Municipal Zoning Code Sections 34 . 552 and 34 .510, to permit construction of a garage on Lots 17 and 18. Motion, Ayes (4) , Nays (0) . RESOLUTION �1559 #734 GEORGE STEINER 70B SIXTH AVE. NO. FINAL SUBDIVISION Mrs. Steiner was present. Mabusth noted that this was a metes and bounds subdivision. Councilmember Adams moved , Councilmember Hammerel seconded , to adopt Resolution #1559, A Resolution Approving A Metes And Bounds Subdivision Application For George R. Steiner . Motion, Ayes (4) , Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1983. PAGE 6 RESOLUTION #156H #739 ROBERT SCHNECK 3155 JAMESTOWN ROAD FINAL SUBDIVISION Ceuncilmember Adams moved , Mayor Butler seconded , to adopt Reselution #156�J, A Resolution Approving The Plat Of CAMELOT. Motion, Ayes (4) , Nays (0) . RESOLUTION #772 ROBERT LUESSE 3249 CASCO CIRCLE VARIANCE Robert Luesse was present. Robert Luesse stated that he had some problems with the Resolution as proposed . Luesse asked if variance approval requires the filing of deed restriction and if so , does that deed restriction require that no future variances may be granted? Zoning Administrator Mabusth stated that all resolutions have te be filed in the chain of title. Mabusth stated that the "no future variances" is something that the City requires if the property is severely limited . Robert Luesse stated that the City would be limiting his potential due process. Luesse noted that he is not asking for a hardcover variance. Luesse noted that when he bought his let that he bought it with the intention that he could make alterations to it . Mayor Butler noted that the City is trying to keep down the level of hardcover problems near the lake . Mabusth noted that Mr . Luesse is not exceeding the , hardcover limitations now but that he is getting very ` close to the allowed limit. Robert Luesse noted that hardcover is not the only variance that someone can ask for . Luesse noted his need for a fruit cellar and Planning Commission recommendation to limit this. Mabusth stated that they could include in the resolution "no future hardcover variances" rather than "no future variances" . Robert Luesse stated that by placing such a restriction on his property would be unfair and asked if Council was willing to remove the clause "no future variances" in the resolution. Zoning Administrator Mabusth stated that by placing those restrictions on properties that it places the f_uture owner on notice that theyde have limitations to live by . REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1983. PAGE 7 Councilmember Frahm stated that he wouldn' t be willing to consider the "no future variances" clause �o be removed if the applicant is pushing the limits right now. Frahm stated i f the appl icant can come up wi th something else then he would consider it. Robert Luesse stated that he would be willing to consider porous pavement and asked that Council table the application so that he and staff could work out the details. City Attorney Malkerson stated that the Council could change it to read "the City wishes to put all future owners of this property on notice that as of this date the City does not feel that other variances will be warranted in the future" . Malkerson stated that way it wouldn' t be a restriction it is just putting everyone on notice of the limitations . Council agreed with this . Mayor Butler moved , Ceuncilmember Hammerel seconde� , to table Robert Luesse' s variance application to afford additional time to work with staff in order to resolve limitation on future use of his property . Motion, Ayes (4) , Nays (�) . City Attorney Malkerson stated that if Planning Commission denied the fruit cellar addition portion of the application that the resolution should state the reasons for denial of that portion of the application. RESOLUTION #1561 #78H GERALD BLOMS � 4195 FOREST LAKE DRIVE ` < VARIANCES Nancy Bloms was present . Mabusth stated that the Bloms had read the Resolution and found no problems . Councilmember Frahm moved , Mayor Butler seconded , to adopt Resolution #1561 , A Resolution Granting A Variance To Municipal Zoning Code Section 34 . 452, to permit construction of a new residence. Motion, Ayes (4) , Nays (0) . #769 LARE MINNETONRA HOMES/ RICHARD CONRY 155 WILLOW DRIVE SO. PRELIMINARY SUBDIVISION Richard Conry was present. Mabusth reviewed Council ' s concerns with the traffic and/or road plans at the last meeting with the applicant. Richard Conry stated that when they were working with the 93 acres they tried many different road plans and that this one was the best one that the planners came up with . REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1983. PAGE 8 Mayor Butler noted that he is asking for five curb cuts on Watertown Road with shared driveways . Councilmember Adams stated that he sees a gross assumption that all platted lots can use existing roads which is contrary to the rural planning concepts. Zoning Administrator Mabusth stated that rather than relying on long cul de sacs the developer could have through roads in the plat . Mabusth stated that now is the time to address the road issue because later the City may have no say in the issue . Richard Conry stated that i f he was asked to change the pl an tha t he wo ul d st i 11 come bac k wi th the same pl an . Conry noted that this may be the last part of the staging plat anyway. Councilmember Adams stated that if the City took over all peivate roads and made them City roads it would be a big project . Mayor Butler stated that there must be a different plan with either a cul de sac or a through road so that some more lots can be picked up internally rather than relying on City roads . Councilmember Adams agreed and stated that the developer is trying to rely on City streets and that is contrary to all of the rural concepts in the past . Councilmember Frahm asked how feasible shared driveways are. Frahm noted that in the future the property owner may wish to have his/her own driveway � and petition for another curb cut . Richard Conry stated that they spent 4-5 months on getting the right plan and that they felt this one was the right plan. Conry noted that they have followed every rule required by the City. Conry noted that the City Engineer did approve of this plan. Councilmember Frahm stated that if the City approved this plat that they would be setting a precedent for future developers. Richard Conry stated that he is not the owner and that he doesn ' t have that much control over the property. City Attorney noted that Conry' s sister appears to be the controlling owner and should have signed the application. REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1983. PAGE 9 Councilmember Adams moved , Councilmember Frahm seconded , to deny Richard Conry' s subdivision application based on the fact that by approving this four lot plat (contiguous lots) would put the City in a position of having no alternate way of developing the rest of the lots except with curb cuts onto surrounding collector streets and finding that traffic hazards created by such a plan would be totally unacceptable to the City. City Attorney Malkerson asked that the application be tabled so that he may review the application for legal issues. Councilmember Adams moved , Councilmember Frahm seconded , to table the application until October 11 , 1983 , subject to City Attorney review. Motion , Ayes (4) , Nays (�) , Abstained (1) . Councilmember Grabek abstained because of his late arrival . RESOLUTTON #1562 #774 JOHN ALLENBURG 865 PARTENWOOD ROAD VARIANCE John Allenburg was present . Zoning Administrator Mabusth stated that the applicant has abided by the hardcover limitationsand has not increase hardcover . Mayor Butler stated that in recognizing the restraints of the property and that you cannot get 75 ' away from the lake why not move the garage as far away from the water and channel as possible . John Allenburg stated thatarchitecturallytheliving areas are on the other side and by putting"the garage t there they would lose whatever light access they have to those areas. Allenburg also noted that the runoff was a concern too given the proposed location of the garage addition with the existing topography this was environmentally the best location. Mayor Butler moved , Councilmember Adams seconded , to adopt Resolution #1562, A Resolution Granting A Variance To Municipal Code Sections 34 . 2PJ1 and 34. 2H2 , to permit construction of an attached garage within 75 ' of the lakeshore. Motion, Ayes (4) , Nays (0) . RESOLUTION #1563 — ORDERING PLANS � SPECS FOR CARliAN BAY SEWER Mr . and Mrs. Edward Lehman were present . City Engineer Cook stated that after many meetings the property owners did approve the City plan to do the design work. �EETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1983. PAGE 10 Councilmember Frahm asked where does it state in the resolution that the City isn' t paying for the City Engineering fees to design this? City Planner Olson stated that the City would pay for it. City Administrator Benson stated that he had met with the Lehmans and that the City did agree to pay for it . Councilmember Adams asked what percent of the tot�l project it would be? City Engineer Cook stated less than half or approximately 22� . City Attorney Malkerson asked if he could review the Resolution and add additional boiler plate language . Councilmember Frahm stated that the funding to be used to pay for engineering fees should be included in the resolution. Mayor Butler moved , Councilmember Hammerel seconded , to approve Resolution #�1563, A Resolution Ordering Plans and Specs For the Carman Bay Sewer Project, subject to the City Attorney reviewing of the Resolution including necessary beiler plate language as discussed . Motion, Ayes (4) , Nays (0) . '`� T�EPORT Mayor Butler stated that they are planning to pick a firm at the Octeber 4 , 1983 , meeting . � . -�'' '.��, CREER WATERSHED "�'* Mayor Butler moved , Councilmember Adams seconded , to approve the letter from David Cochran dated September 15, 1983 , giving notice of the re-opening of the public hearing on Thursday, September 29, 1983 , at 4: 00 p.m. at the Wayzata City Hall . Motion, Ayes (4) , Nays (�) . . �'CREATION Mayor Butler moved , Councilmember Adams seconded , to approve memo from Public Works Coordinator Gerhardson dated September 22, 1983 , concerning the 1983 summer recreation report. Motion, Ayes (4) , Nays (0) . � REG�L`AR MEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1983. PAGE 11 MAPLE PLAIN TREATMENT PLANT STATUS - LETTER FROM CURTIS SPARKS City Administrator Benson stated that the position of the PCA is to support the elimination of all discharges into the Lake Minnetonka Watershed . Benson noted he is meeting with the M.W.C.C. to advise them that the Facility Plan should include an interceptor from the Maple Plain Treatment Plant to Orono as the most cost effective method of eliminating the Maple Plain Treatment Plant discharge. The P.C.A, will be reviewing E. I. S. and other environmental concerns within the next 60 days . A public hearing will be held January 1, 1984 . Councilmember Adams asked when the appropriate time was for legal intervention? City Administrator Benson stated not right now but maybe at the public hearing stage . Councilmember Frahm noted that many Orono residents are pushing for the pipe and suggested having a public seminar to educate and explain the City' s position on this issue . City Administrato Benson stated that he will be meeting with Maple Plain this week . Councilmember Frahm moved , Mayor Butler seconded , to direct City Administrator Benson to write a letter to the PCA outlining the adverse effects it will have on Lake Minnetonka. Motion, Ayes (4) , Nays (0) . BUILDING & ZONING DEPARTMENT STRUCTURE* Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson' s memo dated September 22, 1983 , on the status of the Building and � Zoning Department. Motion, Ayes (4) , Nays (Q1) . SPECIAL BUDGET MEETING TO BE HELD 1H-6-83* Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson' s memo on the special meeting to be held October 6 , 1983 at 7 : 001 p.m. Motion, Ayes (4) , Nays (0) . Councilmember Adams noted he would be out of town but would get his imput in before he left . FALL CLEAN UP* Mayor Butler moved , Councilmember Adams seconded ,to approve Public Works Coordinator Gerhardson' s memo concerning the Fall Clean-up day to be held October 15, 1983. Motion, Ayes (4) , Nays (0) . CASHIN/CRAVEN SEWER AGREEMENT* Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson' s memo dated September 21 , 1983 , concerning the Cashin/Craven Sewer Agreement. Motion, Ayes (4) , Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1983. PAGE 12 AUDITOR APPOINTI�ENT* Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson' s letter dated September 13, 1983 , to Anfinson, Hendrickson & Company concerning the new auditor appointment. Motion , Ayes (4) , Nays (0) . SPRING HILL CENTER* Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson' s letter dated September 13, 1983 , to James Bradbury of the Spring Hill Center cencerning the use of sprinklers and fire water supply for their proposed addition. Motion , Ayes (4 ) , Nays (0) . HANSEN & BABCOCR LETTER* Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson' s letter dated September 13, 1983 , to Hansen & Babcock , CPA thanking them for their auditing services in the past. Motion , Ayes (4) , Nays (0) . CHURCH OF RELIGIOUS SCIENCE* Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson' s letter dated September 19, 1983 , to the Church of Religious Science concerning a conditional use permit and tax exemption. Motion, Ayes (4) , Nays ((�) . LETTER TO CONOVER* Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson' s letter dated September 16, 1983, to Mrs. Elmer Conover concerning CSAH #15 near Bracketts Point. Motion , Ayes (4) , Nays (�) - LETTER TO ROBER WAAG* Mayor Butler moved , Councilmember Adams seconded , to � approve City Administrator Benson' s letter dated � September 16, 1983 , to Mr . Robert Waag concerning On Site Septic Fees. Motion, Ayes (4) , Nays (0) . LETTER TO FERN KUBALSRY* Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson' s letter dated September 16, 1983 , to Mrs. Fern Kubalsky concerning speed control on County �151 and Park Drive. Motion, Ayes (4) , Nays (Q) . LETTER TO RODGER JENSEN MiJN. ORD. CODIFIERS* Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson' s letter dated September 22, 1983 , concerning the City' s contract with Muncipal Ordinance Codifiers, Inc . Motion, Ayes (4) , Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1983. PAGE 13 CITY ATTORNEYS REPORT City Attorney Malkerson stated that the City was served with papers concerning the dispute between the Williamses and Hommeyers on Friday, September 23 , 1983 . Malkerson noted that a temporary restraining order could be issued . Mayor Butler moved , Councilmember Grabek seconded , to direct staff to act on of the City of Orono until the insurance company' s attorney steps in . Motion , Ayes (5) , Nays (0) . LICENSES* Mayo r Butl er moved , Counc i lmember Adams s2conded , to approve the following licenses : Action Mechanical Services - Plumbing License S & S Plumbing - Plumbing License Art Center of Minnesota - One Day Setup Permit 9-25-83 Motion, Ayes (4) , Nays (0) . BILLS* Mayor Butler moved , Councilmember Adams seconded , that the All Funds Accounts and the Liquor Store Accounts be paid . Motion, Ayes (4) , Nays (�1) . ADJOURNMENT 10: 3H P.M. Mayor Butler moved , Councilmember Adams seconded , to adjourn at 10 : 30 p.m. Motion, Ayes ( 5) , Nays (0) . _ . \ � - < �� Mary C. B� er , ayor ATTEST: �.����`�o�- ��� Alberta M, trom, ity�Ierk-`-