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HomeMy WebLinkAbout12-10-1984 Council Minutes •MTNUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 10, 1984 PAGE 1 ATTENDANCE 7 :00 PM The Orono City Council met on the above date with the following members present : Nayor Butler, Council- members Grabek, Adams, and Hammerel . Councilmember Frahm was absent. City Engineer Cook, City Attorney Radio, Building & Zoning Administrator Mabusth, Public Works Coordinator Gerhardson, Assistant Zoning Administrator Gaffron, and City Recorder Sutton represented the City Staff . City Attorney Malkerson arrived at 10 : 16 p.m. The new Councilmember effective January l , 1985 , Lynn Adams , arrived at 8 : 45 p.m. City Administrator Benson was absent. 7 :00 PM PUBLIC HEARING PROGRAM YE�1RS IX AND X UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT - RESOLUTION #1702 7 :04 - 7 :05 PM biayor Butler announced that now was the time and place for the public hearingconcerning theprogram amendmentfor program years IX and X under Title I of the Housing and Community Development Act. City Recorder Sutton noted the affidavit of publication. There was no one present from the audience for this public hearing. Mayor Butler closed the public hearing at 7 : 05 p.m. Public Works Coordinator Gerhardson noted that with this amendment the City will have set aside $39 , 000 for the use of grant money for the Crystal Bay sewer improvements . Councilmember Adams moved, Councilmember Grabek seconded, to adopt Resolution #1702 , A Resolution Amending the Urban Hennepin County Community Development Block Grant Program. Motion, Ayes ( 4 ) , Nays ( 0 ) . CRYSTAL BAY SEWER PROJECT DISCUSSION Mayor Butler stated that the first order of business is to accept the feasibility report by the Engineer. Mayor Butler moved, Councilmember Grabek seconded, to accept thefeasibilityreportprepared by City Engineer Cook. Motion, Ayes ( 4 ) , Nays ( 0 ) . The following were present from the audience for the Crystal Bay Sewer Project: David Liesch of 1140 Willow Drive Bob Braun of 1230 Arbor Street Phil Kaley of 1295 Brown Road South Jay Wood of 1285 Arbor Street •MZNUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 10, 1984 PAGE 2 Wayne Kelley of 1099 Willow Drive South Keari Derry of 1115 Brown Road South Larry & Phyllis Symoniak of 1155 Brown Road South Margar�t & Fred Curtis of 2180 Prospect Avenue Duane Glew of 1135 Brown Road South Curtis & Katherine Quady of 1223 Brown Road South Chauncey & Marvel Sandgren of 1215 Arbor Street Elvon Yager of 1223 Arbor Street Maybell Kohls of 1224 Briar Street Wayne 6 Judy Quast of 1205 Brown Road South LaDean McWilliams of 1130 Willow Drive South John Story of 1233 Briar Street Terry Morse of 2080 Spates Avenue Mindy Pattee of 1355 Arbor Street Rick Kiemer of 1212 Briar Street Mabel Bell of 1380 Briar Street Oliver Engstrom of 1145 Willow Drive South Randolph & Peggy Lukanen of 1085 Brown Road South Alex & Diann Jentilucci of 1295 Briar Street Susan Rovegno of 2010 Shoreline Drive Mary & Jack Spence of 2040 North Shore Drive Karin Zeeb of 1245 Lakeview Avenue Norma Schnoor of 1220 Lakeview Avenue Judy Christensen of 1251 Brown Road South Barb Braun of 1230 Arbor Street Gary & Linda Printup of 1261 Briar Street Steve Carlson of 1205 Arbor Street Jan Johnson of 2170 Prospect Avenue Barbara Garcia 1335 Arbor Street Ardella & Richard Johnson of 1241 Brown Road South City Engineer Cook explained that he had realigned some of the sewer lines , and left the streets at the existing 16 ' to reduce the cost of the sewer project. Cook stated that the easement acquisition cost has been reduced, assuming that the neighborhood will give the City the easements . Cook stated that the sodding has been eliminated and replaced with seeding which also helped to reduce the cost. Cook noted that the per unit cost is $10 , 341 . 00 with the deletion of the above mentioned items . Cook noted the project cost of $597 ,900 . 00 , with arestoration cost of $260 , 400 . 00for a total project cost of $858 , 300 . 00 . Wayne Quast of 1205 Brown Road South asked why the Engineer showed the sewer line jacking across Brown Road twice. Quast stated that he would be willing to have the sewer line run in front of his yard to save more money on the project cost. City Engineer Cook stated that it would be more cost effective rather than tearing up the trees along the front of these properties. M�NU7'ES OI� TIiE REGULIIR ORONO COUNCII� MEL;TING IiELD DECEMI3EIt 10 , 1984 PI�GE; 3 Wayne Quast of 1205 Brown Road South stated that there are no trees left . Other neighbors that live along that block were all in agreement to have the sewer line run along the front of their properties . City Engineer Cook stated with the owner ' s consent that this might reduce the project cost by as much as $20 , 000 . Mayor Butler explained that the Council had previously directed the Enqineer to go back and try to reduce the sewer project cost as much as possible. Butler noted that if the Council was to choose the 50-50 assessment option, that the per unit cost would be $5 , 270 . 00 . City Engineer Cook stated that he looked at a method of assessing the project 40 percent on the front foot and 60 percent on the unit charge. Cook stated that based on assessing 50 percent of the project to the benefitting properties , thefrontfootage charge would be $i9 . 80/lineal foot and the unit charge would be $3 ,170/unit. Cook used an example of a small lot ( 50 ' lot) which the assessment would be $4 , 160 or about $1 , 000 less than the assessment on the total unit. Cook stated that on a large lot ( 200 ' lot ) the assessment would be $7 , 030 . Curtis Quady of 1223 Brown Road asked the Council why they were still discussing the 50-50 option, when the neighbors have already told the Council that they will not accept the 50-50 option. Quady stated thaL the neighborhood wants the 30-70 split. Gary Printup of 1261 Briar Street asked why the Art Center hasn ' t been inclUded in the project yet. Printup also noted that there isn' t much difference between the 50-50 option and 30-70 option. Printup asked why the Council doesn ' t choose the 30-70 option. Printup noted the f igures from the last meeting in which with the 50-50 opti.on on a $75 , 000 home and a $25 , 000 income, the general tax payer would have to pay $29 . 50 per year. Printup stated that with the 30-70 option it would increase only to $35 . 40 per year for 15 years . Mayor Butler stated that there will be other sewer projects in the future, and the Council would set a precedent for other sewer projects by using this 50-50 assessment option. Butler stated that other areas of the City have not had this benefit where the general tax payers have picked up part of the bill . One lady stated that only about 7 percent of the homes are having septic problems. She felt that sewer was being pushed on them. M�NU7'ES OF TIIE REGUI.IIR OROt�O COUNCIL N,L:L•:7'ING 11ELD DECEMI3ER 10 , 1984 PAGF, 4 A poll was taken of the Council to get their opinion on the assessment of the prcject. Councilmember Hammerel stated that the $5 , 000 figure was a reasonable figure with the 50-50 option. Hammerel felt that the 30-70 optionwould set a negative precedent for future sewer projects . Hammerel explained that if the neighborhood was to try to maintain their septic systems, it would cost them much more. Councilmember Adams stated that at first he was in favor of the 100 percent assessed option, but after hearing the financial hardships of this unique area , he would be willing to compromise at the 50-50 option. Adams stated that the Council has to consider the future too and not set a negative precedent. Counci.lmember Grabek felt that the 50-50 option was being too generous . Grabek noted that it should be 100 percent assessed against the benefitting property owners, but because of the situation specific to the Crystal Bay area there should be some consideration on the part of the City and that the 75-25 option would be best. Grabek felt to obligate the general tax payer to the 50-50 option would not be very responsible to the rest of the citizens of Orono. Grabek felt that sewer should be put into the area, but that the 50-50 option is too generous , and therefore he would vote against a motion to adopt the 50-50 assessment option. Mayor Butler noted the schedule of the sewer project that the Council can follow. Butler stated that the plans and specs can be given to the Council on January 28 , 1985 , if the Council orders the plans and specs at tonights meeting. Butler stated that at the January 28 , 1985 , Council meeting, a date for the bids would be set. Butler noted on March 1, 1985 , the City would receive bids which would tell the City the true price of the project. Butler stated that on March 25 , 1985 , the special assessment hearing could be held, and if at that time too many people are opposed, the whole project is called off . Butler stated assuming it will continue, April 22 , 1985 , the contract would be awarded. Butler noted April 29 , 1985 , the construction would begin with a September 13 , 1985 , date for the completion of the project. Butler asked the Engineer how much plans and specs would cost. City Engineer Cook noted that plans and specs would cost approximately $40 , 000 . One lady asked how much the Art Center would lower the cost of the project, if the center was included in the sewer project. She asked that the Councilinvestigate this. MINUi'ES OF THE REGUI.IIR ORONO COU2ICIL M�ETING I3F.I�D DECEML3ER 10 , 1984 PAGE 5 City Fnq� r.eer Cook stated that if the Art Center requires 1 G sewer units , it would reduce the cost of the project $1 , 000 per unit. Cook stated that he isn ' t sure how many units the Art Center would require. Mayor Butler closed the public discussion at 9 : 00 p.m. Butler also noted that the public hearing must be started over if the Art Center is to be included in the sewer project . Diann 3entilucci of 1295 Briar Street stated that since this prcject fell within an election year , anc� a new member of the Council will be here in 1985 , she asked what assessment option the new member is going to be in favor of , and if he would be in favor of the sewer project itself. Lynn Adams , new Councilmember effective 1985 , stated that the 50-50 option is more than generous . Adams noted that he would not vote for any motion beyond the 50-50 . Adams felt that if the sewer project is rejected by the neighborhood , that the septic ordinances wil.l be enforced strictly and that the City � is not interested in allowing failing and non- conforming systems to continue. Adams noted that the neighborhood has a good opportunity to get sewer at a Iower cost than previous sewer project areas had . Councilmember Grabek moved , Mayor Butler seconded, to order plans and specs for the Crystal Bay Sewer Project to be received by the Council on January 28 , 1985 , per staff schedule submitted. Motion, Ayes ( 4 ) , Nays ( 0 ) . CONSENT AGENDA* MayorButlermoved, CouncilmemberHammerelseconded, to approve the Consent Agenda* , subject to adding items #13 and #15 to the Consent Agenda and removing item #29 from the Consent Agenda for discussion, with all staff reports concerning these items to be attached to an original copy of these minutes on fil.e in the City Clerk' s of.fice. Motion, Ayes ( 4 ) , Nays ( 0 ) . APPROVAL OF MINUTES* Mayor Butler moved, Councilmember Hammerel seconded , to approve the minutes of the regular meeting held November 26 , 1984 . Motion, Ayes ( 4 ) , Nays ( 0 ) . LARE MINNETONKA CONSERVATION DISTRICT REPORT There was no Lake Minnetonka Conservation Distxict Report. PLANNING COMMISSION COMMENTS Planning Commission Representative Bill Sime had no comments. MI,NU`1'ES OF TIiE REGUL7IR ORONO COUt�CII, MEETING IiEI.D DECEML�ER 10 , 1984 P11GE 6 PUBLIC COMMENTS There were no comments from the public present. #778 JOANN GRIMES 4720 NORTH ARM DRIVE WEST FINAL SUBDIVISION RESOLLJTION #1703* MayorButlermoved, CouncilmemberHammerelseconded, to approve Resolution #1703 , A Resolution Approving the Plat of McHaney Addition for JoAnn Grimes . Motion, Ayes ( 4 ) , Nays ( 0 ) . #805 JOHN HALLSON 2640 WATERTOWN ROAD FINAL SUBDIVISION RESOLUTION #1704* MayorButler moved , CouncilmemberHammerelseconded , to approve Resolution #1704 , A Resolution Approving the Plat of Hallson Estates for John Hallson. Motion, Ayes ( 4 ) , Nays ( 0 } . #806 WILLOW PROPERTIES 2600 WAYZATA BLVD FINAL SUBDIVISION RESOLUTION #1705* MayorButler moved , CouncilmemberHammerelseconded , to approve Resolution #1705 , A Resolution Approving the Plat of Willow Properties Addition for William Gagne . Notion, Ayes ( 4 ) , Nays ( 0 ) . #839 JEFF STEBBINS 2195 WATERTOWN ROAD FINAL SUBDIVISION RESOLUTION #1706* MayorButler moved , Counci_lmember. Hammerelsecondea , to approve Resolution #1706 , A Resolution Approving the Plat of BalsawooG for Jeff Stebbins . Motion, Ayes ( 4 ) , Nays ( 0 ) . #879 MALCOLM MACKAY 1145 SIXTH AVENUE NORTH SUBDIVISION RESOLUTION #1707* MayorButlermoved, Councilmember Hammerelseconded, to approve Resolution #1707 , A Resolution Approving A Metes & Bounds Subdivision of a Lot Line Rearrangement for Malcolm MacKay. Motion, Ayes ( 4 ) , Nays ( 0 ) . #882 THE FARM AT LONG LAKE 1765 WEST FARM ROAD SUBDIVISION RESOLUTION #1708* Mayor Butler moved , Councilmember Hammerelseconded, to approve Resolution #1708 , A Resolution Approving a Metes & Bounds Subdivision of a Lot Line Rearrangement for The Farm At Long Lake, Inc. Motion, Ayes ( 4 ) , Nays (0 ) . MI.NUTES OF TIIE REGULIIR ORONO COUNCIL ML:ETING I�F,I.,D DECENiBER 10 , 1984 PAGI, � #804 PAINTERS CREEK 4680 BAYSIDE ROAD FINAL SUBDIVISION A) PRIVATE ROAD NAME REQUEST Mayor Butler moved, Councilmember Grabek seconded , to approve the road name request of Luce Line Ridge. Motion, Ayes ( 4 ) , Nays ( 0 ) . ##804 B) REFUND OF PUBLIC ROAD REVIEW FEE Mayor Butler moved , Councilmember Grabek seconded , to approve the refund of the public road review fee in the amount of $1, 000 . 00 . Motion, Ayes ( 4 ) , Nays ( 0 ) . #804 C) FINAL SUBDIVISION RESOLUTION #1709 Mayor Butler moved, Councilmember Grabek seconded , to approve Resolution #1709 , A Resolution Approving the Plat of Painters Creek. Motion, Ayes ( 4 ) , Nays ( 0 ) . $816 LARE MINNETONKA HOMES 155 WILLOW DRIVE SOUTH FINAL SUBDIVISION RESOLUTION #1710 Richard Conry was present. Zoning Administrator Mabusth reviewed with the Council the result of her survey with the cities of 4�ayzata, Plymouth, and Minnetonka Beach on_ their methods of the timing for issuing certificate of occupancies and building permits in relati_on to the completion of required plat improvements . Mabusth stated that she has added a condition to the resolution which should take care of the seeding and sodding condition if the weather does not allow seeding or sodding. Richard Conry stated that the revised resolution is acceptable to him. Councilmember Grabek moved, Mayor Butler seconded, to approve Resolution #1710 , A Resolution Approving the Plat of Countryside Nanor 2nd Addition. Motion, Ayes ( 4 ) , Nays ( 0 ) . #820 LONIE FISR 493 PARR AVENUE VARIANCE DENIAL RESOLUTION #1711* Lonie Fisk was nct present. Mayor Butler moved, Councilmember Hammerel seconded , to approve Resolution #1711 , A Resolution Denying Variances for Lonie Fisk to permit the construction of a home. Motion, Ayes ( 4 ) , Nays ( 0 ) . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 10, 1984 PAGE 8 #874 DUANE BARTH & MRS D JOI3NSTONE 1810 SHADYWOOD ROAD VARIANCE Mrs. Donald Johnstone and attorney, Glenn Troberg, were present. Duane Barth and Donald Peterson, developers, were also present. Barry Reoh, realtor, was present. Charles Pyle of 1870 Shadywood Road , Holly Eiss of 1790 Shadywood Road, and Richard Black of 1770 Shadywood Road, were in the audience for this application. Assistant Zoning Administrator Gaffron noted that the Planning Commission recommended denial . Gaffron noted that staff feels that the findings for approval far outweigh the justification for denial. Gaffron noted that in the research through the assessment history of the two lots , the two lots have been taxed as twoseparate buildingsites . Gaffron noted that when a home is built on Lot 21 the existing garage will be removed . Gaffron explained that both lots have been assessed a footage charge and a unit charge for water which indicates to staff that they were considered as two separate building sites . Gaffron noted that the developers propose a "grass paver" method for the driveways therefore meeting the hardcover require- ments. Gaffron stated that the proposal fits in with the rest of the neighborhood. Holly Eiss of 1790 Shadywood Road stated that she was not in favor of the application because she doesn' t want a new home 20 ' from her window. Eiss stated that she would prefer no one out her window. Richard Black of 1770 Shadywood Road noted that the Council has an obligation to the neighborhood to uphold the variance rulesand regulations . Black stated that variances should be granted only in the most exceptional circumstances . Black noted that approv- ing this variance would set a precedent that would not be good for the neighborhood . Don Peterson, developer, noted that Mrs . Johnstone has maintained this property separately with the intent to build on it in the future. Peterson noted that there are 39 lots in the neighborhood, 23 lots are smaller than the this one, 15 lots that are larger. Peterson stated that they are proposing to cover less than 25 percent of the lot and are planninq to meet all building requirements . Peterson stated that they are asking for no other variances other than that of being allowed to build on a lot that was platted prior to the City' s current ordinances. •MINUTES OF T13E REGUI.l1R ORONO CQUNCIL MEETING IIELD DECEMBER 10 , 1.984 PAG� g Glenn Troberg, Johnstone ' s attorney, noted the Smith variance application whichseta precedentwhen Council approveci it on March 15 , 1984 , which is identical to this with the following findings : l. No otherland available. Troberg noted thatin the Johnstone ' s case there is no land available. 2. Lotswere developed on both sides of the property. Troberg noted this is the same in the Johnstone ' s case. 3. Property was served with sewer and water. Troberg stated that the Johr.stone ' s property is served with sewer and water. 4 . Proposed houseand improvements can be constructed without the need for additional variances . Troberg stated that this is the case with the Johnstone' s application. 5 . Applicant purchased the property not knowing the existing ordinances . Troberg noted that in the Johnstone ' scase, the applicant had the property a long time before the existing ordinances were adopted. 6. Granting a variance would have no negative affect to the public health, safety and welfare. Troberg stated that here the Johnstone ' s application would have no negative affect on the public health, safety, and welfare. 7 . Granting a variance would be consistent with the area. Troberg stated that the Johnstone application fits right in with the existing neiahborhood . Councilmember Grabek moved, Mayor Butler seconded, to approve a variancefor Barth/Johnstone and directstaff to draft a resolution of approval incorporating the following findings : 1. The proposalcan meet allhardcoverrequirements of the LR-1C zoning district. 2. All setback requirements for the new lot can be met. 3. From the tax record it appears that the lot has been valued and assessed as a separate lot, not incrementally as part of the adjacent property. 4. The applicant has owned the property since before the current zoning went into effect. MI.NUTES OF T}IE RFGUI.IIR ORONO COUNCIL MEETING HELD DECEMBER 10 , 1984 PI�GI�, 10 5 . The property has been assessed for sewer. 6 . The property has been assessed for water and was assessed a separate water unit for each lot. 7 . The lot area is consistent with many other properties in the neighborhood and is equivalent to or larger than 11 of 25 lots in the neighborhood. Approval conditions to include : 1. Granting a variance to the setbacks for the existing house on Lot 22 . 2 . No otherperformance standard setbacks allowedfor either lot (i.e. both lots must meet all hardcover and setback requirements ) . 3 . Payment of a park fee for new lot in the amount of $430 . 4 . $225 sewer plant charge to be paid with building permit along with standard SAC charges , etc. 5. Applicants to bear the expense of bringing sewer and water to the property if no stubs exist. 6 . Maxi_mum hardcover of Lot 21 to be 2 , 280 sf including roofs, decks, driveways, sidewalks , patios , terraces, etc. 7 . Applicant placed on notice of the hardcover limitations for both lots . 8 . No other variances will be granted. Motion, Ayes ( 3 ) , Nays (1 ) . Councilmember Adams voted nay. Adams felt that this application is beyond the borderline for approval, and that the Council has to draw the line somewhere. Mayor Butler noted that the resolution should be filed in the chain of title of both lots . #880 STEVEN RUCE 4625 WEST BRANCH ROAD CONDITIONAL USE PERMIT RESOLLJTION #1712* Mayor Butler moved, Councilmember Hammerelseconded, to approve Resolution #1712 , A Resolution Granting A Conditional Use Permit to permit construction of a green house withlimited commercialuse. Motion, Ayes (4 ) , Nays (0 ) . MINUTES OF TI�E RF.GULIIR ORONO COUNCIL MEETING 1�ELD DECEMBER 10 , 1984 pAGE 11 #881 WILLIAM KRUTZIG 1629 BOHNS POINT ROAD VARIANCE William Krutzig was present. Assistant Zoning Administrator Gaffron noted that some drainage problems are in the process of being resolved to the satisfaction of the City. Gaffron noted that the applicant is constructing a new residence. Gaffron stated that after the applicant applied for a building permit, he was notifi.ed that portions of the proposed improvements would go over the hardcover limitations for the property and that he would have to apply for a variance for these specific items . Gaffron stated that the applicant is requesting a variance for the deck and courtyard improvements . Gaffron noted that the driveway would be constructed with a porous pavement in orderthat the hardcover requirements be met . Gaffron noted that theapplicant ' srationaleforrequesting the variance is that a large portion of the lot is in the 250 ' - 500 ' zone and will have no hardcover where 30 percentisallowed, hence the totalrequested hardcover behind the 75 ' setback line will be less than the maximum allowed. Gaffron noted that this type of tradeoff has been allowed in the past where there was existing hardcover but not for new construction. Assistant Zoning Administrator Gaffron noted that PlanningCommission recommended denial . Gaffron also noted the sewer problems . Gaffron explained that the neighbors at some time in the past put their sewer lines on Krutzig' s property. Gaffron noted that the neighbors do not appear to have legal easements over this property. Gaffron noted that all the neighbors do think they have easeinents over the Krutzig ' s property. Gaffron stated that the drainage onto this property is naturally occuring and will have to be addressed by the applicant. William Krutzig noted that the existing easement documents were in good intent, but the wording is not sufficient to make them adequate easements . Krutzig stated that Mr. Fox doesn ' t have an easement but has the right to hookup. Krutzig stated that Mr . Lomar has no sewer easement across his lot. Krutzig noted that he plans to grant easements for the neighbors . AssistantZoning AdministratorGaffron also noted that on Friday, December 7 , 1984 , the site was posted with a stopworkorder for fillingwithin 75 ' of the lakeshore . Gaffron explained that the cat operator was told by his supervisor to do the grading. Gaffron noted that the cat operator responded very quickly in removing the fill. Gaffron felt that there was not an intent not to comply with the ordinances , but just miscommunication among the contractors . �MINU'1'ES OI' `I'111: ItI:GULI�R OROi�O COUNCI I. N,I:E'1'1 NC; IiI•:1,D DL•:CEhiIil,l: 1 0 , 1 9 E3 9 PF�GI; 12 Wil]_iam Krutzig stated that he could redirect the drainage down the property line and create a swale. Krutzig also noted that the drainage could be redirected f rom the roof to collect in a retention pond. Krutzig explained that when he came into City Hall he was not aware of hardcover limitations . Krutzig noted that at the time he found out about the hardcover problem from staff , he had already spent $6 , 600 on building plans. Krutzig stated the staff recommended that he scale the house down and go two stories high. Krutzig stated that after spending $6 , 600 a builder just doesn' t throw that aside and waste that money, so he continued. Krutzig auestioned the City' s interpretation that decks are 100 percent hardcover. William Krutzig asked for an interpretation from staff or Council on why decks are considered hardcover. Assistant Zoning Administrator Gaffron noted that usually decks have plastic underneath them so that weeds do not grow through the decking. Gaffron stated that bcard spacing varies from deck to deck and could become a policing nightmare if the staff had to inspect each deck to determine if it vaas hardcover or just a certain percentage of hardcover , therefore the City just considers decking as 100 percent hardcover . Krutzig stated that he was planning on having 1 ' of sand beneath his deck which should not classify it as hardcover. Krutzig stated that he could go to an engineer to get percolation tests done to show to the City that decks should not be considered hardcover and may prove to be only a percentage of hardcover. Council felt that they would take this into consideration if he brought the information needed. Councilmember Grabek moved, Councilmember Adams seconded, to deny the Krutzig variance application requesting a hardcover variance to construct a deck and courtyard improvements based on Planning Commission' s following findings : l. At the time of application, the applicant was informed by staff fully of the hardcover limitations within the 75-250 ' setback zone. 2. This is a substandard lot in area and slightly substandard on lot width. 3. It is a low lot that provides hydraulic capacity for the drainage of adjoining properties and the building department should address that issue. .MINU7'ES OI' 7'lll; IlI:GULI�I: OI202�0 COUNCII. N,I:I:'1'1NG IiE1.D DliCEMI�I�:I: 10 , 19f34 P11G1; 13 4 . An adequate house for this lot could have been constructed, meeting the 4 , 595 sf of allowed hardcover in the 75-250 ' zone. 5 . That the additional hardcover is not necessary to maintain a substantial property right. 6 . This problem of hardcover was brought on by the applicant. Motion, Ayes ( 4 ) , Nays ( 0 ) . Grabek noted that it is the responsibility of the builder to ask the right questions and get the correct information regarding zoning and building codes before building. #854 G. ROBERT JOHNSON 1981 FAGERNESS POINT ROAD CONDITIONAL USE PERMIT RESOLUTION #1713 G. Robert Johnson was present. City Attorney Radio stepped down from his City Attorney position because of a conflict of interest wherein Robert Johnson and Tom Radic are employed by the same firm, Popham, Haik & Associates. Gary Larson, attorney, was hired by the City to represent the City of Orono for this application. Assistant Zoning Administrator Gaffron explained that this is an after the fact application wherein the applicant constructed retaining walls , planters, and steps within the 0-75 ' lakeshore setback zone. Gaffron stated that the apparent clearing of trees within the 0-75 ' setback zone were done by the previous owner per the previous owner ' s letter. Gaffron noted that Johnson had thought that the contractor had taken all the permits needed. Gaffron stated that one solution to the hardcover is to use a pitchfork to pierce the plastic beneath the rocks . Councilmember Grabek asked staff if the City would have granted Johnson the permit if he had come into the offices before he commenced work. Assistant Zoning Administrator Gaffron replied that Johnson would have had to apply for a variance for hardcover. Gaffron stated that upon staff investi- gation the steps were existing and that Johnson only replaced the steps. Gaffron noted that there isn' t an increase in hardcover because of the added retention capacity of the planters. Gaffron did note that the Public Works Coordinator recommends the retaining walls be moved out of the right of way. • M�INU`1'LS OI' 'I'13I: IZI:GULIII: OROt:O COUNCI I, N,E1;1'I NG IiI�:1,U DECEMF�1',It 1 0 , 19 F3 4 PI�GI�; 14 Robert Johnson noted that his property has had no increase in hardcover. Johnson noted that he thought that Niccum, contractor, had taken all the permits neededfrom City Hall . Johnson noted that the erosion on his property was f ierce and that something had to be done. Johnson stated that only the diseased elm was removed . Public Works Coordinator Gerhardson stated that he as a staff person cannot approve anything within the right of way. Gerhardson stated that leaving the stairs in the right of way would be acceptable only if the applicantdoesn ' t hold the Cityresponsiblefor plowing damage, and would grant the City a hold harmless agreement. Councilmember Grabek stated that from all the documentation that he felt that there wasn' t a violation regarding the tree cutting. Grabek noted that there wasn' t much done to the area that wasn ' t already existi.ng. Councilmember Grabek moved, Councilmember Hammerel seconded, to approve Resolution #1713 , A Resolution Granting A Conditional Use Fermit and Variance for an after-the-fact application of Robert Johnson to allow the placement of retaining walls, planters , and stairs within 75 ' of the lakeshore, subject to amending condition #5 to include a hold harmless agreement from Johnson regarding the retaining walls within the right �f way, and applicant to sign such hold harmless agreement. Moti.on, Ayes ( 3 ) , Nays (1 ) . Mayor Butler voted nay. WATER RATE REVIEW City Engineer Cook stated that this was included in the Council packets upon receipt of a complaint from an Orono residentregarding hishigh waterbill . Cook did note that this resident has a swimming pool which resulted in his high water bill. EASEMENT PAYMENT NAVARRE FORCE MAIN PROJECT* MayorButler moved, Councilmember Hammerel seconded , to approve the easement payment for the Navarre Force Main Project $230 . 20 . Motion, Ayes ( 4 ) , Nays ( 0 ) . -MINUTES OF THE REGULl�R ORONO COUNCIL M�ETING HELD DECEMBER 10, 1984 PAGE 15 PAYMENT �2 TO B & D CONTRACTING - NAVARRE FORCE MAIN PROJECT* Mayor Butler moved, Councilmember Hammerel seconded, to approve Payment #2 to B & D Contracting in the amount of $33 , 319 . 11 for the Navarre Force Main Project. Motion, Ayes ( 4 ) , Nays ( 0 ) . PAYMENT �l F F JEDLICKI HIGHWAY 12 SEWER REPAIR & DITCH GRADING* Mayor Butler moved, Councilmember Hammerel seconded, to approve Payment #1 to F.F. Jedlicki , Inc. in the amount of $11 , 685 . 00 for the Highway 12 sewer repair and ditch grading project. Motion, Ayes ( 4 ) , Nays ( 0 ) . CABLE TV REPORT Mayor Butler announced a Cable TV Meeting to be held December 11 , 1984 at 5 : 30 p.m. at Shorewood City Offices . LIQUOR STORE OPERATING RESULTS - THREE MONTHS ENDED 9-30-84 Councilmember Adams moved, Mayor Butler seconded, to approve the liquor store operation results report prepared by Finance Director Kuehn. Motion, Ayes ( 4 ) , Nays ( 0 ) . ESTABLISH 1985 SALARIES RESOLUTION #1714 Mayor Butler noted the resolution to establish the salaries for 1985 with a four percent increase for employees. Butler told staff that merit reviews should be done in June. P�iayor Butler moved, Councilmember Grabek seconded, to approve Resolution #1714 , A Resolution Establishing 1985 Salaries. Motion, Ayes ( 4 ) , Nays ( 0 ) . 1985CALENDAR* MayorButler moved, CouncilmemberHammerelseconded, to approve the Calendar of City Meetings for 1985 . Motion, Ayes ( 4 ) , Nays (0 ) . COUNCILMEMBERS SCHEDULE TO ATTEND PLANNING COMMISSION MEETINGS* Mayor Butler moved, Councilmember Hammerelseconded, to approve the Councilmembers schedule to attend Planning Commission meetings for 1985 . Motion, Ayes ( 4 ) , Nays (0 ) . MONTHLY LIQUOR STORE OPERATION REPORT FOR OCTOBER, 1984* Mayor Butler moved, Councilmember Hammerelseconded, to approve the monthly liquor store operating report for October, 1984 , prepared by Finance Director Kuehn. Motion, Ayes (4 ) , Nays ( 0 ) . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 10, 1984 PAGE 16 YEAR-TO-DATE ESTIMATED REVENUES COMPARED TO ACTUAL REVENUES AS OF 9-30-84* Mayor Butler moved, Councilmember Hammerel seconded, to approve the year-to-date estimated revenues compared to actual revenues as of September 30 , 1984 , prepared by Finance Director Kuehn. rlotion, Ayes ( 4 ) , Nays (0 ) . YEAR-TO-DATE BUDGET APPROPRIATION COMPARED WITH ACTUAL EXPENDITURES AS OF 9-30-84 Councilmember Adams noted that he had this item removed from the Consent Agenda because he felt there was a mistake in the numbers and asked that this item be tabled to allowed staff time to check into the matter. Councilmember Adams moved, Councilmember Hammerel seconded, to table the budget appropriation report . Motion, Ayes ( 4 ) , Nays ( 0 ) . MATERNITY LEAVE POLICY* Nlayor Butler moved, Councilmember Hammerel seconded, to approve the maternity leave policy for the Police Department. Niotion, Ayes ( 4 ) , Nays ( 0 ) . COMPARABLE WORTH STUDY* Mayor Butler moved, Councilmember Hammerl seconded, to approve the memofrom Assistant Finance Director Lattin regarding the comparable worth study to be cione by Control Data Corp. Business Advisors . blotion, Ayes ( 4 ) , Nays (0 ) . INSURANCE AWARD* MayorButlermoved, Councilmember Hammerelseconded, to award the insurance bid to League of Minnesota Insurance Trustfortheamount of $75 , 050 . 34 . Motion, Ayes (4 ) , Nays ( 0 ) . 1985 SQUAD CARS* Mayor Butlermoved, Councilmember Hammerel seconded, to approve the purchase of three 1985 squad cars at $10 . 884 per unit from Elk River Ford-Mercury, Inc. with an estimated trade-in amount of $2 , 500/car for a total of $27 , 700 for all three cars . Motion, Ayes ( 4 ) , Nays ( 0 ) . RESOLUTION #1715 UNCOLLECTABLE NSF CHECKS* Mayor Butler moved, Councilmember Hammerel seconded, to approve Resolution #1715 , A Resolution Declaring Certain ChecksUncollectable and Removing themfrom the Various City Accounts . Motion, Ayes ( 4 ) , Nays ( 0 ) . TRANSFER OF FUNDS LIQUOR OPERATING FUND TO GENERAL FUND* Mayor Butlermoved, Councilmember Hammerel seconded, to approve the transfer of funds from the liquor operating fund in the amount of $15 , 000 to the general fund. Motion, Ayes ( 4 ) , Nays ( 0 ) . MINUTES OF THE REGULI�R ORONO COUNCIL MEETING HELD DECEMBER 10 , 1984 PAGE 1.7 TRANSFER OF FUNDS GENERAL FUND TO IMPROVEMENT & EQUIPMENT OUTLAY FUND* Mayor Butlermoved , Councilmember Hammerel seconded , to approve transfers of funds from the General Fund to the Improvement and Equipment Outlay Fund in the amounts of $20 , 000 and $17 , 604 . Motion, Ayes ( 4 ) , Nays ( 0 ) . TRANSFER OF FUNDS GENERAL FUND TO BUILDING CAPITAL PROJECT FUND* Mayor Butler moved, Councilmember Hammerel seconded , to approve a transfer of funds from the General Fund to Building Capital Project Fund in the amount of $20 , 000 . Motion, Ayes ( 4 ) , Nays ( 0 ) . TRI�NSFER OF MWCC DEBT - SEWER OPERATING FUND TO SEWER DEBT FOND* Mayor Butler moved, Councilmember Hammerel seconded, to approve a transfer of the MWCC Debt Service Credit - Sewer Operating Fund to Sewer Debt Fund 1966-1976 in the amount of $16 , 334 . Motion, Ayes ( 4 ) , Nays ( 0 ) . LOAN PAYMENT - ADMINISTRATIVE VEHICLE* Mayor Butler moved, Councilmember Hammerel seconded, to approve a loan payment in the amount of $1 , 4 5 4 f rom the General Fund Administration Department to the Equipment Outlay Fund as the fourth and final installment to repay the cost of the 1980 Ford Fairmont. Notion, Ayes ( 4 ) , Nays ( 0 ) . LOAN PAYMENT - TRACTOR/LOADER/BACRHOE* MayorButlermoved, CouncilmemberHammerelseconded , to approve a loan payment in the amount of $7 , 244 from the General Fund Street Department to the Equipment Outlay Fund as the fourth of seven installments to repay the cost of the 1981 Ford 750 tractor/loader/backhoe. Motion, Ayes ( 4 ) , Nays ( 0 ) . LOAN PAYMENT - DDMP TRUCR* Mayor Butlermoved, CouncilmemberHammerelseconded, to approve a loan payment in the amount of $4 , 650 from the General Fund Street Department to the Improvement and Equipment Outlay Fund as the second of five installmentsforthe GMC dump truck. Motion, Ayes (4 ) , Nays ( 0 ) . LOAN PAYMENT - SEWER OPERATING FUND* Mayor Butlermoved, Councilmember Hammerel seconded, to approve a loan payment in the amount of $5 , 0 0 0 f rom the Sewer Operating Fund to the PIR Fund as final payment of the $50 , 000 loan. Motion, Ayes ( 4 ) , Nays ( 0 ) . MINUTES OF THE REGUI�R ORONO COUNCIL MEETING HELD DECEMBER 10, 1984 PAGE 18 NAVARRE WELL LOAN PAYMENT WATER OPERATING FUND TO SEWER OPERATING FUND* Mayor Butler moved, CouncilmemberHammerel seconded , to approve the fifth and final loan payment in the amount of $2 , 017 from the Water Operating Fund to the Sewer Operating Fund. Motion, Ayes ( 4 ) , Nays ( 0 ) . NAVARRE WATER TOWER LOAN PAYMENT - WATER OPERATING FUND 20 SEWER OPERATING FUND* Mayor Butlermoved, Councilmember Hammerel seconded , to approve the third loan payment in the amount of $4 , 642 from the Water Operating Fund to the Sewer Operating Fund. Motion, Ayes ( 4 ) , Nays ( 0 ) . CITY ATTORNEY'S REPORT City Attorney Radio recommended that the personnel matters be discussed in executive session. At the recommendation of the City Attorney, Tom Radio, Council directed staff to draft a memo to the liquor store manager stating that discounts to City Employees and elected officials are not to be allowed unless that same discount is offered to the general public. BILLS* Mayor Butler moved, Councilmember Hammerel seconded, that the All Funds Accounts and Liquor Store Accounts be paid. biotion, Ayes ( 4 ) , Nays (0 ) . ADJOURNMENT 11 :45 PM Mayor Butler moved, Councilmember Adams seconded, to adjourn the regular Council meeting at 11 : 45 p.m. ar.d to enter into executive session. Motion, Ayes ( 4 ) , Nays (0 ) . ATTEST: � -- _ � � \p -- �� , / � c J �� orothy M. allin, ity Clerk Mary C. B ler, Mayor � /