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HomeMy WebLinkAbout10-15-1984 Council Minutes � . MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984. PAGE 1 ATTENDANCE 7 :00 PM The Orono City Council met on the above date with the following members present : Mayor Butler, Council- members , Grabek, Adams and Hammerel. Councilmember Frahm was absent. City Administrator Benson was absent. City Attorney Radio was absent. Building and Zoning Administrator rlabusth, Assistant Zoning Admi_nistrator Gaffron, Public Works Coordinator Gerhardson, Finance Director Kuehn, City Engineer Cook, and Recorder Sutton represented the City staf f . PUBLIC HEARING - REVENUE SHI�RING 7 :00 - 7 :05 PM Mayor Butler announced that now caas the time and place for the public hearing to be held concerning the Rever.ue Sharing. 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. Mayor Butler moved, Councilmember Adams seconded, to approve the revenue sharing program' s proposed uses . riotion, Ayes ( 4 ) , Nays ( 0 ) . CONSENT AGENDA* Councilmember Grabek moved, Councilmember Hammerel seconded , to approve the Consent Agenda* subject to removing item #3 for discussion, with all staff reports concerning these 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 ( 0 ) . APPROVAL OF MINUTES Mayor Butler stated that under the Crystal Bay discussion of the September 24 , 1984 , Council minutes it should be noted that the Council did receive a petition from the neighbors of the Crystal Bay area. Mayor Butlermoved, Councilmember Grabek seconded, to approve the September 24 , 1984 , Council minutes subject to the addition noted above. Motion, Ayes ( 4 ) , Nays ( 0 ) . APPROVAL OF MINUTES* Councilmember Grabek moved, Councilmember Hammerel seconded, to approve the minutes of the special budget meeting held October 1 , 1984 . Motion, Ayes ( 4 ) , Nays � (0 ) . LARE MINNETONKA CONSERVATION DISTRICT REPORT Councilmember Grabek moved, Councilmember Adams seconded, to take note of the October 1984 meeting schedule and 1985 adopted budget of the LNICD. Motion, Ayes (4 ) , Nays (0 ) . PLANNING COMMISSION COMMENTS Planning Commission member Kelley was present but had no comments . MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984 . PAGE 2 PUBLIC COMMENTS Don Ulrick of the Westonka Community Center asked the Council to donate $1, 225 to the center for administrative costs for the senior center. riayor Butler moved, Councilmember Hammerel seconded , to approve a check for $1 , 225 for the administrative costs for the Westonka Community Center. �778 JOANNE GRIMES 4720 NORTH ARM DRIVE WEST PRELIMINARY SUBDIVISION Joanne Grimes was present. Zoning Administrator Mabusth stated that a drainage easement would be taken over the creek. Councilmember Grabek moved, Counci]_member Adams seconded, to approve the preliminary subdivision o£ a two lot plat finding all standards of the Grono On-Site Sewage Treatment Code and RR-1B Zoning District have been satisfied, subject to the following conditions : 1 . Final plat must reflect 33 ' wide easement along south property line for a distance of 388 . 14 ' to be designated as outlot and shared lot line must be realigned so that area of Parcel B consists of two acres of dry contiguous land exclusive of road outlot and drainageway that intersects on the east. 2. Underlying road and utilities easement over road outlot granted to City. 3 . Conservation and flowage easement over drainageway granted to City. 4 . Payment of Park Fee of $200 for newly created lot. 5 . City grants a drainageway setback variance of 25 feet for the drainfield that will serve the new residence based on the following findings : a ) On-Site Septic bianager finds the test information confirms the area will provide adequate soils for treatment of ef f luent. b) The creek holds water only during heavy rainfalls and remains dry the majority of the year. Motion, Ayes (4 ) , Nays (0 ) . �806 WILLOW PROPERTIES 2600 WAYZATA BLVD PRELIMINARY SUBDIVISION BillGagne waspresent. Zoning Administrator Mabusth noted that this subdivision will be the site for the new Hennepin County Library. MINUTES OF THE REGUI,AR COUNCIL MEETING HELD OCTOBER 15, 1984 . PAGE 3 �806 WILLOW PROPERTIES Mayor Butler moved, Councilmember Adams seconded, to approve the preliminary subdivision for Willow Properties for a three lot subdivision finding all standards of the RR-1B zoning district and platting code have been satisfied , subject to the following : l. Dedication of right-of-way for Highway 12 , Old Crystal Bay Road and Vdillow Drive . 2 . City to acquire underlying road and utility easements over Outlot A. 3 . Payment of park fee for Lot 1 at $200 . Park fees for Lot 2 and Outlot B are not waived but postponed for future devel.opment . 4. Plat road to be constructed per City specifications up to Library' s private drive. 5. Wetlands within Lot 2 and Outlot B to be designated in future plattings . There are no designated wetlands in Lot 1 . 6 . Three sewer units are assessed against the entire property. Applicant to decide the three sewer units are to be reassessed amongst parcels . Motion, Ayes ( 4 ) , Nays ( 0 ) . #846 LEEKLEY'S INC 2500 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT RESOLUTION $1685 Mr. Leekley was present. Assistant Zoning Administrator Gaffron noted that this is not a designated wetlands and will handle the overflow from the neighboring property. Mayor Butler stated that safety fencing might be considered around the pond after it is constructed. Butler suggested adding language from the Hennepin County Conservation District ' s report to assure safety and that the City will not be held liable. Councilmember Adams stated that the City should get some indemnification so that the City will not be held liable. Couneilmember Hammerel moved, Councilmember Adams seconded, to approve Resolution #1685 , A Resolution Granting a Conditional Use Permit to allow the excavation of a decorative wildlife pond subject to staff adding safety language to the resolution. Motion, Ayes (4 ) , Nays ( 0 ) . MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984 . PAGE 4 #868 LEEKLEY' S INC 2450 SIXTH AVENUE NORTfl CONDITIONAL USE PERMIT RESOLUTION #1686 Mr. Leekley was present. Assistant Zoning Administrator Gaffronstated that thisisa designated wetlands . Mayor Butler suggested adding language to the resolution concerning the flowage and conservation easement and including language from the Hennepin County Conservation District report concerning safety and the homeowners safety. Niayor But.ler moved , Councilmember Hammerel seconded, to approve Resolution #1686 , A Resolution Granting a Conditional Use Permit and Variance to permit the excavation of a wildlife pond within a designated wetlands , subject to staff adding safety language to the resolution. Motion, Ayes ( 4 ) , Nays (0 ) . #856 EDWARD BECR 1280 NORTH ARM DRIVE CONDITIONAL USE PERMIT RESOLUTION #1687 Edward Beck was present. CouncilmemberGrabek askedstaff how they would police this ancl suggested that this be checked by staff every year rather than checking it in four years . Zoning Administrator riabusth stated that staff would check with the owner to assure that this use was not being rented out. Councilmember hammerel moved, Councilmember Adams seconded , to approve Resolution #1687 , A Resolution Granting a Conditional Use Permit and Variance to permit the creation of a temporary guest apartment within the walkout level of the existing house by constructing separate kitchen facilities subject to review every year by City staff . Motion, Ayes ( 4 ) , Nays ( 0 ) . #857 JERRY NELSON 2565 DUNWOODY AVENUE VARIANCE RESOLUTION #1688 Jerry Nelson was present. Councilmember Grabek moved, Mayor Butler seconded, to approve Resolution #1688 , A Resolution Granting a Variance to permit the construction of a deck which will increase the hardcover in the 75-250 ' setback zone. Hlotion, Ayes ( 4 ) , Nays ( 0 ) . MINUTES OF THE REGULIIR COUNCIL MEETING HELD OCTOBER 15, 1984 . PAGE S #858 ROBERT HOWELLS 1448 PARK DRIVE VARIANCE RESOLUTION #1689 Mr. and Mrs . Robert Howells were present . Assistant Zoning Administrator Gaffron noted that the Howells want to keep the existing cabin for storage purposes . Gaffron noted that two of the five Planning Commission members felt that the cabin should be removed. Robert Howells stated that the cabin is structurally sound and that they need it for storage. Howells noted that the cabin ' s location does not impact the location of the house anyway. Mrs. Robert Howells stated that the house location may not be quite 17 ' from the lot line. Howells stated that it may be 16 ' feet. Mayor Butler movec� , Councilmember Adams seconded, to approve Resolution #1689 , A Resolution Granting a Variance to permit the construction of a new residence subject to change in the setback to 16 ' as noted above . Motion, Ayes (4 ) , Nays ( 0 ) . #859 DENNIS RUMLIN 2665 FOX STREET PRELIMINARY SUBDIVISION Dennis Kumlin was present. Councilmember Adams moved, Council.member Hammerel seconded, to approve the two lot plat of Dennis Kumlin finding that all standards of the RR-1B zoning district platting code and on-site septic code have been fulfilled subject to the following conditions : l . Payment of park fee of $200 for newly created Lot l . 2. Access for Lots 1 and 2 will be shared located at the existing curb cut. 3 . Owners to provide appropriate access easements when design of plat is finalized. Motion, Ayes (4 ) , Nays (0 ) . #860 FUNR/ROGOSHESRE 540 OLD CRYSTAL BAY ROAD SO PRELIMINARY SUBDIVISION George Funk and Judy Rogosheske were present. The following neighbors were present for this application: Mary Lou Doherty of 2790 White Oak Circle John & Lynn Doupan of 2785 White Oak Circle Ray & Mary Rasmussen of 2700 White Oak Circle Richard Kling of 2780 White Oak Circle Charles Kelley of 2710 White Oak Circle MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984_ PAGE 6 #860 FUNK/ROGOSHESKE Charles Kelley of 2710 White Oak Circle stated that Van Eeckhout still owns the road. Kelley stated that the neighbors want to form a homeowners association. Kelley stated that the neighbors concern is that the road will be torn up during construction. Kelley noted that at one time after construction, the road needed $6 , 400 worth of repair done. Richard Kling of 2780 White Gak Circle asked that the Council bring the owner of the road, Van Eeckhout , into this discussion and maybe an agreement can be made. Kling stated that Van Eeckhout is willing to sell the road to the neighbors . Gecrge Funk stated that the covenants on each lot would restrict construction traffic when the neighboring roads have the road restrictions posted. Councilmember Adams stated that the contractor that damages the road should have to pay for the repair of the road. Adams suggested an escrow arrangement to take care of the repair costs. Charles Kelley stated that this extension of White Oak Circle is off the worst part of the road which is the cul de sac. Kelley stated that the major repairs have beer. �one in this cul de sac area. Kelley stated that there are 72 dead end cul de sac roads in Orono. Kelley stated that 42 of the cul de sac roads are maintained by the City and onl_y 26 are privately maintained. Kelley stated that the City has already set a precedence by maintaining 42 cul de sacs . Kelley asked the Council to consider taking over White Oak Circle ' s maintenance. Councilmember Adams noted that the neighbors , the owner of the road, and the owners of this subdivision should get together to resolve the ownership of the road problem and get a homeowners association to maintain the road. Adams felt this should be done before granting any approval to this subdivision. Councilmember Hammerel noted that the City does not have leverage over the owner of the road who is not even in attendance. Charles Kelley stated he would not like to see preliminary approval given until this road maintenance problem is resolved. Councilmember Grabek advised that it is not necessary to delay preliminary approval because the plat will not receive final approval if these matters are not �esolved to the City' s satisfaction. MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984 . PAGE 7 #860 FUNK/ROGOSHESKE Mayor Butler moved, Councilmember Hammerel seconded, to give preliminary approval of the plat, White Oaks Overlook finding all standards of the Orono platting code, RR-1B zoning district and On-Site Septic Code have been satisfied subject to the following conditions : l . Drainageway must be designated as 20 ' wide drainage easements--dry areas of Lots 2 and 3 must be exclusive of drainage areas . 2 . Applicants to provide information to City as how future owners of Lots 2 , 3 and 4 will participate in the maintenance and upkeep of 4dhite Oak Circle. 3. Payment of park fee of $600 . 4 . Dedication of 33 ' of right of way for Old Crystal Bay Road. Motion, Ayes ( 3 ) , Nays (1 ) . Councilmember Adams voted nay because he felt that the road maintenance should be resolved before preliminary approvalshould be granted. #861 STEVEN PAULY 3980 DAHL ROAD VARIANCE RESOLUTION Mr. and Mrs . Steven Fauly were present . Mayor Butler stated that the house is already there. Butler stated that staff could add language to the resolution warning a future owner that perhaps a future Council would not approve any other hardcover variances for this property since it is so severely limited. Councilmember Adams stated that the existing house is 1200 sf and the addition is 850 sf all located within the 0-75 ' setback area from the lake. Adams noted that no hardcover is supposed to be in this area. Adams stated that the applicant should make a trade off in hardcover to allow for the increase. Councilmember Hammerel moved, Councilmember Adams seconded, to table Steven Pauly ' s variance application to allow applicant time to consider a trade off in hardcover equal to the square footage of hardcover that is requested. Motion, Ayes ( 4 ) , Nays (0 ) . MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984 . PAGE 8 #862 WILLIAM BOWMAN 10 WILLOW DRIVE SOUTH VARIANCE RESOLUTION #1690 William Bowman was not present. Assistant Zoning Administrator Gaffron noted that the Bowmans would not be present because they are out of town. Councilmember Adams moved, Councilmember Hammerel seconded , to approve Resolution #1690 , A Resolution Granting a Variance to permint the construction of a detached garage. Motion, Ayes (4 ) , Nays ( 0 ) . APPEARANCE - CHUCR HENKE 3536 LYRIC AVENUE Chuck Henke waspresent. ZoningAdministrator Nabusth stated that Mr. Henke has been invited to the Council meeting to discuss the code violations on this property and to find out if his residence is being used as an auto repair business. Mabusth stated that a temporary certificate of occupancy was issued with certain stipulations that were never met . Chuck Henke stated that the foundation was built in 1935 . Henke stated that he doesn' t feel that the foundation is unsafe and that itwould be a waste to put a foundation under a 400 sf house. Henke stated that he had an estimate to fix the foundation and they said it would cost $8 , 400 . Henke stated that he doesn ' t have the money to pay for a new foundation. Niayor Butler noted the temporary certificate of occupancy that was signed in February which noted the roof ar.d foundation to be completed . Butler stated that the temporary certificate of occupancy is now void since the corrections were not made and technically the City could make Henke move out . Nlayor Butler noted to Henke that he was informed when he signed off on the temporary certificate of occupancy that the foundation and roof must be replaced . Chuck Henke stated that he has no way of putting the foundation in. Henke stated that he signed the certificate of occupancy under duress because he did not have anywhere else to go. Henke stated that he spoke to the assessor and that the assessor agreed that thefoundation would not increase his property value any. Henke stated that he doesn' t feel the foundation is unsafe. Zoning Administrator Mabusth stated that if Henke had paid his taxes that he would have been able to apply for a grant to fix the foundation. MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984. PAGE 9 CHUCK HENKE Chuck Henke stated that he went to see the Building Inspector before he bought the property. Henke stated that the Inspector gave him a report of correctionsthat must be made. Henkestated that this report did not include the foundation. Henke stated that if he had known that the house needed a new foundation that he would not have bought the house. Henke felt it wasn' t fair that the Inspector told him later that a foundation must be installed . Henke stated that the Inspector gave him a list of corrections that he relied on and the foundation was not included on that list. Zoning Administrator Mabusth stated that Henke had first approached the Inspector that this would be temporary and that he would tear the building down and rebuild it later . Mabusth stated that the use of the building to be temporary until Henke built a permanent residence on the property. Niabusth stated that the City does not have the authority to give variances to the State Building Code. Counci]_memberGrabek moved, Mayor Butler seconded , to direct Chuck Henke to proceed with funding for the foundation and such foundation to be installed by July 23 , 1985 , and if at that time can' t pay taxes and can' t get funding to put foundation in or hasn ' t started new house plans to meet the state code, then staff is t� proceed with conc�emnation of the builuine�. '.�[otion, Ayes (4) , Nays (0) . BID AWARD TRUNK HIGHWAY 12 SANITARY SEWER REPAIR & DITCH GRADING PROJECT Mayor Butler moved, Council.member Adams seconded, to award the bid to F.F. Jedlicki , Inc. for an amount not to exceed $13 , 050 for the Trunk Highway 12 Sanitary Sewer Repair & Ditch Grading Project. Motion, Ayes ( 4 ) , Nays (0 ) . CHANGE ORDER - flANDICAPPED ACCESS - PRECINCT #3 City Engineer Cook noted that the work has been completed. Mayor Butler moved, Councilmember Hammerel seconded, to approve the change order in the amount of $2 , 395 and to approve the final payment in the amount of $3 , 822 . 96 to Halverson Construction. Motion, Ayes ( 4 ) , Nays (0 ) . RESOLUTION �1691 WILLOW DRIVE OVERLAY City Engineer Cook requested that Council reject all bids for the Willow Drive overlay and call for new bids in the spring. MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984. PAGE 10 RESOLUTION #1691 Mayor Butler moved, Councilmember Adams seconded, to approve Resolution #1691 , A Resolution Requesting a Variance From Current Municipal State Aid Standards . Motion, Ayes (4 ) , Nays ( 0 ) . Mayor Butler moved, Councilmember Hammerel seconded, to reject all bids and to rebid the Willow Drive Overlay project again in the spring. Motion, Ayes (4 ) , Nays (0 ) . COUNTY ROAD 15 - PROPOSED PLANS DISCUSSION Council reviewed the proposed plansforCounty RoadlS . Transportation Reporter Adams stated that he would meet with the three cities to discuss the proposed plans on County Roacl 15 . MAYORS REPORT Mayor Butler distributed a letter from Anfinson, Hendrickson & Co regarding the special audit report. 1984 SUMMER RECREATION PROGRAM REPORT FROM ORONO SCHOOL DISTRICT Grabek moved, Mayor Butler seconded, to approve the 1984 summer recreation program report from the Orono Community Ed. Motion, Ayes ( 4 ) , Nays ( 0 ) . PERRY' S TRUCR REPAIR Grabek moved, Mayor Butler seconded, to approve the Perry' s truck repair service to begin October 19 , 1984 instead of the Loretto Towing Co. Notion, Ayes ( 4 ) , Nays (0 ) . ORDINANCE NO. 8, SECOND SERIES - COUNCIL SALARIESGrabek moved, Mayor Butler seconded , to approve Ordinance No. 8 , Second Series , An Ordinance Amending tYie Council Salaries . Motion, Ayes ( 4 ) , Nays ( 0 ) . SALARY ADJUSTMENT - OFFICER STEVEN PEARSON Grabek moved, Mayor Butler seconded , to approve a salary adjustment to $2 , 204 . 80 effective October 5 , 1984 . Motion, Ayes ( 4 ) , Nays (0 ) . DONATION REQUEST DENIAL Grabek moved, blayor Butler seconded, to deny the donation request from the NN National Guard Enlisted Association. Motion, Ayes ( 4 ) , Nays ( 0 ) . MEETING WITH HENNEPIN COUNTY - FALL SALES RATIO STUDY Mayor Butler announced that the Hennepin County Assessor wishes to meet with the Council to talk about the 1984 Fall Sales Ratio Study sometime on October 16 or 17 , 1984 . LETTER FROM ROLLINGS - RE: CRYSTAL BAY SEWER Grabek moved , Mayor Butler seconded, to accept the letterfrom Virgil and Corinne Rollings dated October 3 , 1984 , regarding their opposition to the assessment forthe Crystal Bay Sewer Project . Motion, Ayes (4 ) , Nays ( 0 ) . MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 15, 1984 _ PAGE 11 FUNDING DENIAL - CRYSTAL BAY SEWER Grabek moved, Mayor Butler seconded , to approve Public Works Coordinator Gerhardson ' s memo regarding the funding denial for the Crystal Bay Sewer Project. Motion, Ayes (4 ) , Nays (0 ) . LETTER OF RESPONSE TO MCWILLIAMS LETTER TO GOVERNOR PERPICH Grabek moved , Dlayor Butler seconded, to accept the letter of response from the MN PCA to LaDean McWilliams regarding funding for the Crystal Bay Sewer Project . Motion, Ayes ( 4 ) , Nays ( 0 ) . SNOW PLOW PURCHASE - STREET DEPARTMENT Grabek moved, Mayor Butler seconded, to approve the snow plow purchase for the street department in the amount of $4 , 358 . 00 . Motion, Ayes ( 4 ) , Nays ( 0 ) . PAUL SMITH STATUS REPORT Mayor Butler updated the Council on the Paul Smith sewer matter. BILLS* Councilmember Grabek moved , Mayor Butler seconded, that the All Funds Accounts and Liquor Store Accounts be paid . Motion, Ayes ( 4 ) , Nays ( 0 ) . ADJOURNMENT 10:51 PM Niayor Butler moved, Councilmember Grabek seconded, to adjourn the regular meeting at 10 : 51 p.m. Motion, Ayes ( 4 ) , Nays ( 0 ) . ATTE T: . ���,NC- 0 othy M Hall n, City Clerk Mary C. Bu er, Mayor