Loading...
HomeMy WebLinkAbout05-28-1985 Council Minutes + Y S � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985. PAGE 1 ATTENDANCE 7:05 PM The Orono Council met on the above date with the following members present: Acting Mayor Frahm, Councilmembers Lynn , Adams and Tim Adams. Mayor Butler and Councilmember Grabek were absent. The following represented the City staff : City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Coordinator Gerhardson, Police Chief Kilbo, Assistant Zoning Administrator Gaffron, and Recorder Sutton. City Attorney Radio and City Engineer Cook were also present. CONSENT AGENDA* Councilmember L. Adams moved, Councilmember T. Adams seconded, to approve the Consent Agenda* as submitted, with all staff reports concerning these items to be attached to an original copy of these minutes on file at the City Clerk' s office. Motion, Ayes (3 ) , Nays ( 0 ) . CITIZEN COMMENDATIONS RESOLiJTION #17 6 3 RESOLUTION #1764 RESOLUTION #1765 RESOLUTION #1766 Arthur Priez was present. Police Chief Kilbo was present. City Administrator Bernhardson presented Resolution #1764 , to Arthur Priez commending his participation in the apprehension of a burglar. James Rick arrived later in the meeting at 7 : 25 p.m. City Administrator Bernhardson presented Resolution #1763 , to James Rick commending his participation in the apprehension of a burglar. City Administrator Bernhardson noted that Frank and Barb Peterson will not be present tonight to receive their resolutions of commendation and the City will mail their resolutions to them. Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve Resolution #1763, A Resolution commending James Rick in his participation in the apprehension of a burglar. Motion, Ayes (3 ) , Nays (0 ) . Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve Resolution #1764 , A Resolution commending Arthur Piresz, Jr. , in his participation in the apprehension of a burglar. Motion, Ayes ( 3 ) , Nays (0 ) . Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve Resolution #1765 , A Resolution commending Frank Peterson in his participation in the apprehension of a burglar. Motion, Ayes ( 3 ) , Nays (0 ) . Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve Resolution #1766 , A Resolution commending Barb Peterson in her participation in the apprehension of a burglar. Motion, Ayes ( 3 ) , Nays (0 ) . � , . MINUTES OF THE REGULl1R ORONO COUNCIL MEETING HELD MAY 28, 1985_ PAGE 2 APPROVAL OF MINUTES* � Councilmember L. Adams moved, Councilmember T. Adams seconded, to approve the regular Council minutes of May 13 , 1985 as submitted: Motion, Ayes (3 ) , Nays ( 0 ) . PARR COMMISSION COMMENTS There were no Park Commission comments. LARE MINNETONRA CONSERVATION _ DISTRICT REPORT Representative Jo Ellen Hurrwaspresent. Hurr informed the Council that a lake inspection tour is scheduled for August 3, 1985 , at 11 a.m. Hurr stated that the LMCD is evaluating deicing proceduresformarinas. Hurr reported that the LMCD is evaluating the storage of boats on the lake. Hurr explained that there are 3 full-time water patrol officers and 20 volunteers. Hurr stated that the DWI law was adopted by the LMCD but noted that the water patrol cannot require a person to take the DWI test if the boat is not moving and that the only time a DWI ticket can be issued is if the boat is actually moving. Hurr noted that as requested by the Council, she contacted Chaska Marina and has set up two appointments with Chaska and that they have cancelled both times. Acting Mayor Frahm felt that there should be more water patrol people patrolling the lake. Frahm asked for a response from the LMCD regarding the lobbying against the DNR if they propose more public accesses to the lake, Frahm felt that the DNR should fund the extra water patrol people that will be needed. PLANNING COMMISSION COMMENTS There were no Planning Commission comments . PUBLIC COMMENTS There were no comments from the public present. #911 TIMOTHY SCHOEN 41 WILLOW DRIVE NORTH VARIANCE RESOLUTION #1767 PUBLIC HEARING 7 :41 - 7 :50 PM Acting Mayor Frahm called for the public hearing at 7 : 41 p.m. concerning Tim Schoen' s variance application to construct a new home. Building & Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. Tim Schoen was present. Bill Wear of 36 Hackberry Hill was present for this public hearing. Bill Wear of 36 Hackberry Hill noted that he owns the property west of this property. Wear noted that there is a fence across the back of his property but that the fence does not denote the exact property line. Wear explained there there have been drainage problems in this area. Wear stated that MINUTES OF THE REGUI.�R ORONO COUNCIL MEETING HELD MAY 28 , 1985 . PAGE 3 years ago he came before the Council to get permission to install a tile from Watertown Road to Hackberry Park. Wear noted that he used to own the lots in this area and subdivided � them. Wear stated that a drainage problem was created and that the subject lot being discussed tonight used to be the low lot in the subdivision and at one time had cattails in it. Wear explained that he sold the lot that the home they used to live in and built the home they live in now, he had to dig 2 1/2 feet of dirt to make his lot lower than the surrounding lots . Wear noted that the sbil was a gray sandy loam and contained water. Wear stated that he tiled from his home out around the south, east, and north boundary lines and a couple of years later the subject lot with cattails on it dried up and became a likely spot for a vegetable garden. Wear stated that it is the only way the water can flow across his lot. Wear asked that the City assure him that the grade on 41 Willow Drive be kept the same and not create any retaining ponds to keep the drainage onto his property.� Wear stated that is has been brought to his attention that the City of Orono held this hearing to expedite things and that the City was only interested in Schoen' s $150 fee for the variance application. Wear asked that the City consider refunding the applicant ' s money because the City issued the building permit before the public hearing. Building & Zoning Administrator Mabusth explained that the Council was polled on this variance application and that in order to allow the construction to be expedited the application was brought before the Council. Acting Mayor Frahm closed the public hearing at 7 : 50 p.m. Councilmember L. Adams moved, Councilmember T. Adams seconded, to adopt Resolution #1767 , A Resolution Approving a Variance to allow construction of a new residence. Motion, Ayes ( 3 ) , Nays ( 0 ) . #876 RANDY ASPLUND 3424-3444 EASTLARE STREET VARIANCE RESOLUTZON #1768 Randy Asplund was present. Assistant Zoning Administrator Gaffron explained that staff drafted a resolution of denial per Councildirective. Gaffronstated that the applicantis now requesting a screened-in porch and that would probably require tradeoffs in hardcover. Acting Mayor Frahm felt that the applicant is requesting too many significant changes that the application should be referred back to the Planning Commission. Frahm noted that the City has never approved detached floating slab decks within the 0-75 ' setback zone before. Randy Asplund explained that he has sold one of the homes and that the owners would �ike an answer regarding the patios as soon as possible. Asplund agreed to remove the patios but would like to know what to do with it after the patios are removed. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28 , 1985 . PAGE 4 Acting Mayor Frahm advised Asplund that after the patios are removed, that the ground should be sodded. Councilmember L. Adams noted that he has a problem approving anything in the 0-75 ' setback area. Councilmember L. Adams moved, Acting Mayor Frahm seconded, to adopt Resolution #1768 , A Resolution denying variances ' for the fence and patio concrete request with a deadline date for removal of patios for June 15 , 1985 , for 3424 Eastlake Street and July 23 , 1985 , for 3444 Eastlake Street and the request for deck platform and screened porch to be referred to the Planning Commission for their review. Motion, Ayes (2 ) , Nays (1 ) . Councilmember T. Adams voted nay. #897 CHUCR PETERSON 825 OLD LONG LARE ROAD PRELIMINARY SUBDIVISION Chuck Peterson was present. Assistant Zoning Adminis- trator Gaf fron stated that the surveyor reconf irmed the dry buildable area that Council requested at the last meeting. Gaffron confirmed that there is 2 . 0 acres of dry buildable per lot in the area identified strictly as a seasonal drainageway. Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve the preliminary subdivision application of Chuck Peterson. Motion, Ayes ( 3 ) , Nays ( 0 ) . #903 WARD FERRELL 3405 WATERTOWN ROAD ZONING APPEAL Mr. and Mrs. Ward Ferrell were present. Assistant Zoning Administrator Gaffron explained that the applicant was brought in under a zoning appeal in order to save the applicant some money. Gaffron explained that if the applicant had applied for a variance that the application would be more costly and with the Council ' s past precedents the Council would probably have denied the application. City Attorney Radio asked how much the full variance application would have cost. Radio noted that by allowing this applicant the appeals procedure the City is saving the applicant money, but by handling this matter the City is not treating this application as a variance and not using the same standards. Radio noted that the decision reached tonight does not presume that the same decision would be reached on a formal variance application. Assistant Zoning Administrator Gaffron stated that the variance application would be $150 , plus the applicant ' s , expense for additional surveying work, plus the extra � , expensefor septic testing for each lot. Gaffron estimated MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985. PAGE 5 #903 FERRELL that the application could have cost the applicant $1 , 000 just to get denied. Gaf f ron noted that staf f f elt that the applicant could get some general direction from the City under the zoning appeals application process . Assistant Zoning Administrator Gaffron explained that the Alden Anderson application is very similar to this Ferrell application. Gaffron explained that the applicant owns four adjacent tax parcels totaling 2. 90 acres. Gaffron noted that the applicant wishes to obtain a building permit for the 1 . 04 acre lot. Ward Ferrell stated that he has owned the land since 1948 and built the existing home in 1958 . Ferrell stated that he bought and has saved this land with the intent to build his retirement home. Ferrell stated that Herb Ross (former Orono Mayor ) had requested him t� divide his property. Ferrell stated that as a favor to Ross and the City and to stop trouble in the future, he divided the property into four parcels. Ferrell stated that then the zoning changed in 1967 and at the time the hearing was held regarding this zoning change, he asked whether it would affect existing lots and he was told no by the City. Ferrell noted that he is willing a parcel of land for his daughter to build on. Ferrell stated that in 1980 the Stubbs Bay Marina was divided and the City allowed very small lots. Ferrell felt that he should receive the same treatment that Stubbs Bay Marina had � received. Acting Mayor Frahm explained that the City agreed to smaller lots in the Stubbs Bay Marina because the City felt that it would be a less intense use on the property with residential units rather than the intense use of the commercial marina. Frahm stated that there were very extenuating circumstances with the Stubbs Bay Marina and shouldn' t be used to compare with this application since the circumstances were significantly different. Ward Ferrell asked if the City was going to honor what Herb Ross requested. Ferrell stated that Ross told him to contact George Hanson (former assessor for Orono) to see what the lot sizes should be when he was subdividing the property. Ferrell stated that Hanson told him 140 ' width for each lot. Acting Mayor asked staff what the typical lot size is in the neighborhood. Ward Ferrell stated that the average lot size is one acre and only one parcel is two acres. Councilmember T. Adams asked how many units the applicant is requesting out of a total of 2. 9 acres . Assistant Zoning Administrator Gaffron answered that the applicant is requesting a total of three building sites (one existing, one for the retirement home, one for his daughter ) . ( MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985. PAGE 6 #903 FERRELL Zoning Administrator Mabusth noted that in 1967 the standards changed when the zoning code was revised effecting the applicant. Acting Mayor Frahm explained that it is hard for the City to honor a verbal opinion that was made in 1967 . Frahm felt to be fair to the applicant that he would consider two building sites, but certainly not three building sites . Councilmember T. Adams stated that before deciding the Council should see all relevant background information. Councilmember L. Adams symphathized with this type of problem when the owner purchases property and keeps it with the intent in the future to build on the property only to have the zoning code standards change. Adams stated that he cannot see installing three septic tank systems on three small lots since the septic tanks will be the permanent system installed there. Adams noted conceptually that he would consider two building sites only because of the problem that the applicant owned the property with the intent to build in the future only to have the zoning code standards change. Adams noted that if it weren't for that reason he would not even consider two building sites. Adams stated that when the septic systems are placed too close together on small lots such as these, there are potential problems with ground water con�amination when these systems fail. Acting Mayor Frahm expressed his concern that if the City approved three lots that the City would create a density pocket similar to the Crystal Bay neighborhood in which the City would have to go back in the future to correct the problem by sewering the area. Ward Ferrell stated that his septic system is 28 years old and has never had a problem with leakage. Ferrell pointed out that he has paid taxes on the property as if they were buildable lots since 1948 and now he cannot use the property. Ferrell stated that up until two years ago they paid taxes on the two vacant lots as if there were separate building sites . Ferrell noted that two years ago the taxes were lowered from $11,000 to $5,500. Ferrell explained that he has already told his daughter that she can have the lot and he is not going back on his word. Ferrell asked if the City was going to honor what Herb Ross told him years ago. Acting Mayor Frahm stated, in his opinion, no. Mrs. Ferrell asked if the City was going to refund their taxes that they have paid for buildable lots all these years. City Administrator Bernhardsonstated thatshould a variance be applied for that in the review it should be considered what position the applicant would have been in if he had not subdivided the property. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28 , 1985_ PAGE � #903 FERRELL Councilmember L. Adams gave his opinion should the applicant apply for a variance, he would be willing to consider a total of two lots. ' Councilmember L. Adams moved, Councilmember T. Adams seconded, to af f irm the staf f '.s interpretation of the zoning code. Motion, Ayes (3 ) , Nays ( 0 ) . �908 & #924 JON SCHERVEN ' 2649 CASCO POINT RD (�908 ) VARIANCE - RESOLUTION (�924 ) CONDITIONAL USE PERMIT - RESOLUTION Jon Scherven was present with his father A.W. Scherven. Assistant Zoning Administrator Gaffron stated that the applicant proposes to build a two story addition over the existing concrete slab and deck on the lake side of his parents home. Gaffron noted that the applicant proposes hardcover tradeoffs , and that the proposed deck does extend into the 75 ' setback zone. Gaffron stated that the conditional use permit is required because the applicant is requesting to use the basement as a guest apartment for his parentswho are retiring. Gaffron noted that applicant does propose a kitchen in the basement but has agreed that the second dwelling unit would never be rented out. Gaffron noted the Planning Commission did approve the application subject to the following regarding the guest apartment use: 1 ) apartment for use of family members only; 2 ) apartment use may not be conveyed to a purchaser; 3 ) guest apartment may not be rented out and such to be conf irmed by staf f yearly; 4 ) use is subject to City review at end of four years . Acting Mayor Frahm asked if a separate entrance is proposed for the guest apartment use. Assistant Zoning Administrator Gaffron noted that the main entrance would be used, but that once inside the main entrance, a door leading to the basement and a door leading to the upstairs is proposed. Zoning Administrator Mabusth explained that the Councildid recently approve the Beck conditional use permit which is similar to this application. Councilmember L. Adams felt that the lot is really too small to support another dwelling unit. Jon Scherven explained that his parents have tried to sell the home and have not been able to. Scherven stated that he has offered to buy the home, remodel it, and then they would be able to live in the basement. Scherven confirmed that he will agree to any stipulations the Council wishes to place on the guest apartment use. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28 , 1985. PAGE g #908 & #924 SCHERVEN Councilmember Frahm noted his concern for the future when the Schervens move out and the future owner may try to rent out the ' apartment. Frahm noted it is hard for staff to police such a use. Jon Scherven responded that the neighborhood would probably police itself. Councilmember L. Adams suggested a compromise with one kitchen. Jon Scherven noted that one kitchen would be very inconvenient for all living there. City Attorney noted that the resolution could be written in a manner in which the parents would have no vested rights. Councilmember Frahm stated that the entrance to the home should appear as any other single family residence. Frahm stated that the two doors inside the main entrance should be eliminated so that it does not seem that there are two dwelling units . Frahm noted that he has a problem with the deck extending into the 0-75 ' lakeshore setback zone. Councilmember L. Adams suggested an alternate plan to give the entrance a more open view and appear as one single family residence. Jon Scherven noted that with this plan it would not be very energy efficient with one door in the winter time. Councilmember L. Adams noted that the current proposal is a potential duplex plan. Council suggested tabling the application to allow the applicant time to redesign his plan. Jon Scherven explained that he is trying to sell his home in Mound and has a purchaser ready to buy if this application is approved. Scherven stated that he isn' t sure if the purchaser will wait for two weeks for an answer. Councilmember Frahm moved, Councilmember L. Adams seconded, to conceptually approve the conditional use permit and variance application but to table application until June 10 , 1985, and further directs staff to redraft resolution and applicant to redesign and submit his plan reflecting the following: 1. Deck and steps to remain outside of the 0-75 ' setback zone and not to extend beyond the side boundaries of the home. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985. PAGE 9 2. Council will grant Conditional Use Permit for a guest apartment use if applicant redesigns proposal to eliminate doors and walls separating the basement and upstairs to give the entrance an open appearance. Motion, Ayes (3 ) , Nays (0 ) . #921 CHUCR VAN EECRHOUT 2135 SALEM COURT VARIANCE RESOLUTION Chuck Van Eeckhout was present. Assistant Zoning Administrator Gaffron noted that Van Eeckhout seeks a setback variance as a result of the new home being incorrectly placed too close to the lot line. Gaffron noted that either a lot line rearrangement or variance application was needed. Van Eeckhout noted that the proposed home next door wi 11 be placed further from the lot line so as not to create crowding. Van Eeckhout stated that he will retain an easement over Lot 3 in favor of Lot 4 . Council suggested that staff incorporate this easement requirement into the resolution. Acting Mayor Frahm moved, Councilmember T. Adams seconded, to conceptually approve variance application subject to staff redrafting resolution to reflect the easement condition as discussed. Notion, Ayes (3 ) , Nays ( 0 ) . Van Eeckhout asked if he could continue with the home until the resolution is adopted. Council agreed to let the builder continue on the home. STATUS REPORT 3399 CRYSTAL BAY ROAD* ON CONSENT AGENDA BUT DISCUSSION WAS HELD Jerry Wheeler and Sandra George of 3399 Crystal Bay Road were present. City Administrator Bernhardson noted that this item was on the consent agenda for Council ' s information but noted that Jerry Wheeler was in the audience and asked Wheeler if he would like to address the Council. Jerry Wheeler stated that he would like to address the Councilabout the complaint against him. Wheeler explained that when he moved on the property he agreed to the variance conditions in good faith with every intent on following through with the condition to removing the hardcover. Wheeler noted that he did remove half of the hardcover. Wheeler noted that when they were installing the basement problems began with flooding in the basement. Wheeler MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985_ PAGE 10 3399 CRYSTAL BAY claimed that the gravel hardcover helps alleviate the water ROAD STATUS draining into his basement. Wheeler explained that he and Sandra have spent more money than intended on the basement and therefore haven' t been able to finish the project as soon as they would have liked. Wheeler noted that at the time they agreed to the variance conditions, they did not fully understand exactly what hardcover was. Wheeler noted that they did sod the entire yard when they moved in and eliminated much of the runoff . Wheeler stated that they would like a flat parking pad on his property where the remaining , ' hardcover is because of the steepness of the grade. Wheeler explained that the complaint against him defeats his neighbors own complaint since Dick Carl was just requesting a parking pad for him because of the steepness of the grade. Wheeler noted that he has the same hardship with the steepness of the grade and should be allowed to keep the gravel hardcover for his parking pad. Wheeler stated that , both of his neighbors have put hardcover in between their homes to keep the water out of their basements. Wheeler stated that they willcomply with Council ' swishes. Wheeler asked the Council what he should do. Acting Mayor Frahm stated that Wheeler would have to apply for a variance if he wishes to keep the parking pad. Frahm noted Wheeler ' s other choice is to remove the hardcover and comply with the previous variance conditions . Jerry Wheeler stated that the City does have the option of choosing which items that the City will request to apply for a variance. Wheeler noted that for two years he asked the City to respond to his complaint against his neighbor and the City was very slow in responding, but his neighbor makes a complaint against him and in two weeks the City is ready to take action against him. Wheeler asked if his complaint against his neighbor has been issued through the proper channels. Acting Mayor Frahm stated that the City will play by the book and require the applicant to comply with the conditions of the resolution or file for a variance. Jerry Wheeler suggested that the Council not play by the book and if Dick Carl feels he has a legitimate complaint against him, then let Carl take him to civil court. Councilmember L. Adams explained that regardless of Dick Carl' s complaint this issue would have come before the City Council because Wheeler and George are in violation of the resolution they signed. Adams stated that he was on the Planning Commission at the time this variance was granted and that the Commission did a great deal of sole searching in order to grant the 25 ' variance. Adams stated that condition #3 in the resolution that was approved states "seeding of gravel drive prior to final inspection by , . , MINUTES OF THE REGULAR ORONO COUNCIL MEET�NG HELD MAY 28, 1985_ PAGE 11 building inspector" and condition #4 states "the City will 3399 CRYSTAL BAY approve nofurther variancesfor thisproperty" . Adamsfelt ROAD STATUS that the gravel drive on the west side of the house should be removed prior tofinalinspection by the building inspector. Councilmember T. Adams noted that the condition to remove the gravel was a primary condition and reason for the Council ' s approval. Jerry Wheeler noted that the final inspection has not been made yet because he has not quite finished the project. Wheeler asked the Council if he feels that he has a legitimate drainage problem and the gravel helps the problem can he not apply for a variance. City Attorney Radio noted that if an application was filed it would be a variance application to the original variance that was granted. - Jerry Wheeler stated that if the City wants to stipulate that the City will take the legal liability if his truck rolls down the hill and kills someone or the liability for the water damage done to his basement he would feel differently. City Attorney Radio noted that these claims should have been brought up at the hearing of the original variance application. Building & Zoning Administrator Mabusthstated that if there are drainage problems, then we should find out what is creating those problems. Mabusth advised that the burdenis on the applicant to hire an engineer or whatever to determine the problem and a solution to the drainage problem. Council suggested Wheeler hire an engineer to make a recommendation for the drainage problem. Council noted that if Wheeler wishes the parking pad to stay that he must apply for a variance or else comply with the original condition of the resolution. Councilmember L. Adams noted his feelings on the water problem in the basement is that it is not going to be adversely affected if Wheeler removes the gravel area and sods the area. Adams stated that even with an engineer' s report that claims the gravel area must stay to prevent water damage, it will be very hard to allow the gravel area to stay. Adams noted that the parking problem is dif f erent f rom the others neighbors . Adams noted that Wheeler has a three or four car garage and owns a bigger lot than most of his surrounding neighbors. Adamsfound it difficult to believe that the gravel slab is essential. Jerry Wheeler stated that even with a triple car garage, he has trouble in the winter time getting into the garage because of the steep incline. Wheeler stated that he did add gravel next to the house and it alleviated the water problem in his basement. . , MIN�TES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985_ PAGE 12 STATUS REPORT ON 2695 CASCO POINT ROAD* Councilmember L. Adams moved, Councilmember T. Adams seconded, to accept staff ' s status report on 2695 Casco Point Road. Motion, Ayes (3 ) , Nays (0 ) . CITY ENGINEER'S REPORT PLANS - OVERLAY ON WILLOW DRZVE & OLD CRYSTAL BAY ROAD City Engineer Cook reviewed with the Council the plans and ' specs for the Willow Drive and Old Crystal Bay Road overlay project. Acting Mayor Frahm reminded staff that the culverts on Willow and Watertown Road should be fixed to solve one citizens problem with traffic shaking the home. Acting Mayor Frahm moved, Councilmember T. Adams seconded, to approve the plans and specs for the Willow Drive and Old Crystal Bay Road overlay project. Motion, Ayes ( 3 ) , Nays (0 ) . RELEASE FOR BIDS Acting Mayor Frahm moved, Councilmember T. Adams seconded, to direct staff to release the project for bids . Motion, Ayes (3 ) , Nays (0 ) . CABLE TV REPORT There was no cable TV report. TRANSPORTATION REPORT There was no transportation report. LIVINGSTON AVENUE DRAINAGE PROBLEM* Councilmember L. Adams moved, Councilmember T. Adams seconded, to accept the Livingston Avenue drainage problem complaint and asked that staff investigate the matter. Motion, Ayes ( 3 ) , Nays ( 0 ) . RESOLUTION #1769 RELEASE OF TAX FORFEIT LAND FOR SALE City Administrator Bernhardson noted six parcels of land that Koehnen wishes to repurchase together with his agreement to combine those parcels. Councilmember T. Adamsmoved, Councilmember Frahm seconded, to approve Resolution #1769 , A Resolution Approving the release of tax forfeit land for sale. Motion, Ayes (3 ) , Nays (0 ) . PETITION FOR STOP SIGN AT CASCO POINT ROAD & DUNWOODY Gail Nafus of 2580 Dunwoody Avenue was present. Nafus stated that she circulated the petition already submitted to the City and received many signatures of people in favor of a stop sign at Casco Point Road and Dunwoody Avenue. Nafus � � � ` M1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD Ml1Y 28, 1985 . PAGE 13 , emphasized the dangerous condition at this intersection and asked Council to consider ordering a stop sign to be located there. Nafus also requested a "slow children" sign because , of the dangerous situation with speeding cars and the children in the neighborhood. City Administrator Bernhardson noted that this was an issue with the City in 1979 and the outcome was a reduction in the speed limit of 30 to 25 in that area. Bernhardson stated that the City needs to review the area and then come back to Council with a recommendation. Bernhardson suggested that Council just accept the petition tonight and staff will submit a recommendation at the June 24 , 1985 , Council meeting. Gail Nafus asked that the City expedite their review of the area and felt that one month was too long to wait. Nafus felt that monitoring the traffic will n�t reveal anything new. Councilmember L. Adams suggested holding a public hearing regarding the issue. City Administrator Bernhardson stated that staff will schedule a public hearing for June 24 , 1985 regarding the request from the petition. PETITION NORTH SHORE DRIVE - PARKING PROBLEM Joe Bau of 3444 North Shore Drive, James Erler of 3448 North Shore Drive, W.C. Odden of 3450 North Shore Drive, R. S. Prochnon of 3440 North Shore Drive, and Dan Regan of 3410 North Shore Drive were present from the audience regarding this petition. City Administrator Bernhardsonstated thatthispetition was received at the last Council meeting. Bernhardson stated that the petition addressespedestrian and bicyclistsafety, trespassing, and disturbing the peace. Bernhardson noted that the City received a petition in 1982 to post no parking signs but the request was denied by the City. Bernhardson noted that the City is concerned with the elimination of 25 parking slots along the lake for vehicular and trailer parking since the DNR requires 700 public parking spaces around the lake and elimination of the 25 parking spaces would require the City to allocate those 25 slots elsewhere. The five gentlemen from North Shore Drive expressed their concerns regarding .the pedestriansand bicyclist on the bike path. They noted that they have constant problems with trespassers onto their private propertiesand alsofisherman who even f ish of f their docks . They stated that emergency vehicles have had trouble getting through this area when the parking lot and road slots are full as there was no area to pull. off the travelled portions of road. The neighbors noted that there have been many serious accidents in the area and the area has a safety p�'oblem. � � . MI2�[]TES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985_ PAGE 14 City Administrator Bernhardson suggested delaying action on the petition until staff can work with the DNR and Hennepin County regarding the no parking signs. Bernhardson noted that Hennepin County will not take any action unless the City recommends something. Acting Mayor Frahm explained to the neighbors that the DNR . requires all cities to provide public access to the lake. � Frahm stated that if the City fails to provide these public accesses the DNR could condemn property for the access. Frahm explained that staff needs to work with the DNR before the City can take any action on this petition. Councilmember L. Adams suggested that staff look into the possibility of placing a public dock onto the North Arm landing to eliminate the problem of the fishermen seeking out private docks to do their fishing. SENIOR CITIZEN SPECIAI, ASSESSMENT DEFERMENT City Administrator Bernhardson explained thatfive yearsago the City of Orono adopted a resolution giving special assessment deferment options to senior citizens. Bernhardson stated that this is the fifth year of that agreement and the Council must decide whether to make such a program renewable. Bernhardson noted present county guidelines and since those guildelines were last acted on in 1979 it should be appropriate .at this time to update those guidelines. Acting Mayor Frahm moved, Councilmember L. Adams seconded, to make the special assessment deferment option renewable for senior citizens for a five year period and to adopt Hennepin County' s guidelines. Motion, Ayes ( 3 ) , Nays ( 0 ) . REQUEST FOR EXECUTIVE SESSION City Administrator Bernhardson requested the Council enter into executive session after the regular Council meeting has adjourned. � BOARD OF REVIEW MAY 30, 1985 City Administrator Bernhardson reminded the Councilthat the Board of Review meeting will be held on May 30 , 1985 , at 7 : 00 p.m. in the Art Center. FENCE ON SHORELINE DRIVE City Administrator Bernhardson stated that Hennepin County is exploring the right of way issue with the fence. Bernhardson noted a letter that Building & Zoning Administrator Mabusth had written to George Rovegno at 2010 Shoreline Drive. Art Tourangeau of 2060 Spates Avenue and Terry Morse of 2080 �' Spates Avenue were present. Tourangeau expressed his concern with the fence location and his view of the lake. , . i '► MINUTES OF THE REGUI,AR ORONO COUNCIL MEETZNG HELD MAY 28, 1985 . PAGE 15 HENNEPIN COUNTY VOTECH PROPERTY City Administrator Bernhardson explained that the VoTech proposes a horse training facility in the City of Medina with access onto Homestead Trail a Hennepin County Road. Bernhardson stated that the VoTech might request hookups to thesewer and water lines to Orono. Bernhardson stated that it is his- understanding that if VoTech cannot get the hookups, that they propose an on-site septic system. Bernhardson stated that the proposalhas passed the Planning Commission level in Medina and will be presented to the Medina Councilnext Monday. Bernhardsonstated thatsome of the surrounding residents are concerned with traffic and potential pollution. Bernhardson askedfor direction from Council about allocating potential sewer units for this use. Councilmember T. Adams stated that it is hard to argue against this type of land use since it seems logical to locate a horse training facility there. Adams stated that the residents are concerned with the ultimate level of the VoTech facility and potential location of the whole VoTech � facility. Acting Mayor Frahm advised staff to allocate no units until the study of Highway 12 is completed. Frahm noted that the City will probably not allocate its own units for a Medina project since Orono is limited in its own number of units . City Engineer Cook stated that he had heard that VoTech wanted to hookup to Orono' s lines but actually get the units from the City of Long Lake. City Administrator Bernhardson stated that Long Lake has also asked Orono if they can hookup to the Orono section of the lines for the Robb Motel project but allocate the units from Long Lake. Bernhardson noted that he will bring this back June 10, 1985 when he gets more information regarding this project. LOGIS OPEN HOUSE City Administrator Bernhardson reminded the Council of the LOGIS open house to be held May 29 & 30 from 1-5 : 30 p.m. RESOLUTION FOR DEFERRED COMPENSATION City Administrator Bernhardson noted that at the last Council meeting, Council passed a resolution for deferred compensation and the agency came back and asked that another form of the same resolution be adopted. Acting Mayor Frahm moved, Councilmember T. Adams seconded, to approve the changed form for the deferred compensation. Motion, Ayes ( 3 ) , Nays (0 ) . � . � MINUTES 'OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1985. PAGE16 BIG ISLAND UPDATE City Administrator Bernhardson stated that the leaislation has passed and anticipatesthat the title will not pass until August 15 . Bernhardson noted that staff has posted all the buildings and sent notices to the State Commissioner of Veterans Affairs that the buildings must be boarded up and absent that, the City can do the work and can assess it against the Department of VeteransAffairs. Bernhardson noted that a meeting will be held Thursdaywith the Board of Governors to show them exactly what must be done with each cabin. Bernhardson stated that the Board of Governors will have to tnen make a decision whether to correct the violations , tear the buildings down, or sell. Bernhardson stated that they must make public notice to any interested public agencies that may be interested in buying. Bernhardson explained that in order to expedite the corrections , the City will start hazardous building procedures . COUNCIL POLLS Councilmember L. Adams felt that nc more telephone Council polls should be done by staff and felt that it was an improper procedure and should not be used. Adams stated that this procedure should be avoided. City Attorney Radio agreed noting that at times it may be a violation of the open meeting law. CITY ATTORNEY'S REPORT STATUS REPORT AT 130 CYGNET PLACE City Attorney Radio updated the Council that the property still has not been cleaned up at 130 Cygnet Place and he is proceeding with a criminal complaint. LICENSES* Councilmember L. Adams moved, Councilmember T. Adams seconded, to approve the following licenses : Jimmies Lounge - Liquor License Renewal (on-sale ) Long Lake Chamber of Commerce - Special Events permit Arnold Carlson - trapping permit Westonka Sewer & Water - Septic System Installer License Westonka Sanitation - Garbage Haulers License Alan Penke - Solicitors Permit Motion, Ayes (3 ) , Nays (0 ) . BILLS* Councilmember L. Adams moved, Councilmember T. Adams seconded, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes (3 ) , Nays ( 0 ) . ADJOURNMENT 10:30 PM Councilmember L. Adamsmoved, Councilmember Frahm seconded, / to adjourn the regular Council meeting at 10 : 30 p.m. and ( enter into executive session. Motion, Ayes (3 ) , Nays (0 ) . ATTE�T: � � ' ` D othy M. llin, ity Clerk Thoma M. Fr m, Acting Mayor