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Home My WebLink About06-10-1985 Council Minutes �YNUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE 1 ATTENDANCE 7:00 PM The Orono Council meeting met on the above date with the following members present: Acting Mayor Frahm, Council- membersGrabek, Lynn Adams, and Tim Adams . Mayor Butler was absent. The following represented City staff : City Administrator Bernhardson, Public Works Coordinator Gerhardson, Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, Deputy Clerk Lattin, and City Recorder Sutton. City Attorney Radio was also present. City Engineer Cook was not present, but Mike Lynch, from Bonestroo & Associates, was present. RESOLUTION #1772 AWARD SALE OF BONDS Carolyn Drude, Ehlers & Associates, was present. City Administrator Bernhardson stated that Carolyn Drude has indicated that the City of Orono' s bond rating has risen from A-1 to AA rating. Bernhardson stated that the highest bid for the interest rates was 8 .1051$ and the lowest bid was for 7 . 9156$. Bernhardsonstated thatstaff recommends that the City contract with the lowest bidder at 7 . 9156g. Councilmember Grabek moved, Councilmember T. Adams • seconded, to adopt Resolution #1772, A Resolution awarding sale of $900, 000 general obligation improvement bonds of 1985 to Miller Securities Inc. and Payne Webber, fixing the form and specifications thereof, providing for their execution and delivery and levying taxes for their payment at an interest rate of 7 . 9156�. Motion, Ayes ( 4 ) , Nays ( 0 ) . Carolyn Drude, Ehlers & Associates, recommended that the City appoint the First National Bank to be the paying registrar. Councilmember T. Adams moved, Acting Mayor Frahm seconded, to appoint the First National Bank as the paying registrar. Motion, Ayes (4 ) , Nays ( 0 ) . PUBLIC HEARING ART CENTER OF MN SEWER PROJECT EXTENSION 85-2 7 : 06-7 : 39 p.m. Acting Mayor Frahm called for the public hearing at 7 : 06 p.m. concerning the proposed sewer project extension for the Art Center of MN. City Recorder Sutton noted the affidavit of publication and the certificate of mailing. Those in attendancefor this public hearing signed attendance sheets which are attached to these minutes. Toni Richardson, representative of the Art Center, was also present. City Administrator Bernhardson noted that the City is required by law to publish the public hearing notice twice and that is the reason for the second convening of the public MYNUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE 2 hearing. Bernhardson noted the appraisal of the Art Cent,er which was submitted tonight for the Council ' s review. Bernhardson noted that the appraisal indicates that the Art Center' s valuation would only increase $35, 000 with t�e sewer. Bernhardson stated that after an on-site inspection the MWCC has reduced the number of SAC units from 22 to 13 . - Bernhardson stated that the MWCC will be submitting a letter verifying the 13 SAC units for the Art Center. Bernhardson explained that staff is still recommending 10 units to be assigned to the Art Center. Bernhardson stated that if the City were to assign 10 units, the total assessment for the Art Center would be $94 , 300 . Toni Richardson, Art Center of represent�ative, reentered into the record a letter dated May 24 , 1985 , from the Art Centerregarding the proposed sewer extension. Such letter is attached to these minutes. Terry Morse of 2080 Spates Avenue asked why the Art Center is only being assessed 10 units when the Orono High School was assessed 169 sewer units . Morse pointed out that the Art Center could sell the operation and a new commercial use could use the building to its potential. Toni Richardson, Art Center of representative, stated that the current septic system is designed for 1 , 800 gallon capacity wh�ch was originally designed for 800 students. Richardson nQ�ed that the current student enrollment has not exceeded 479 and has declined for years. Richardson noted that if the property was sold, the new owners would have to apply for a conditional use permit and that the conditional use permit is the means for the City to keep control on the size of the use at the Art Center. LaDean McWilliams of 1130 Willow Drive South noted that drain pipes extend from the pottery room part of the Art Center and runs onto the open ground. McWilliams stated that there, is white looking material coming from the pipe. . Staff noted they would investigate the matter. Councilmember T. Adams stated that he has a hard time considering the additional two units added for future : expansion of the Art Center. Adams asked if the City has . assessed additional units for future expansion for commercia� uses in other sewer projects . Gary Printup of 1261 Briar Street reminded the Council of a recent service station in Navarre that was charged the same number of SAC and sewer units. Printup asked how the payment of those charges go into the project since the sewer project had already been through the area. Public Works .Gerhardson stated that if a commercial use changes and that change increase SAC units, the additional SAC units are charged as well as the assessments . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE 3 Acting Mayor Frahm closed the public hearing at 7 : 39 p.m. Councilmember Grabek felt that the appropriate number of ` units to charge the Art Center is 10 . Councilmember L. Adams stated that with the additional information received he feels comfortable with 10 units for the Art Center. Acting Mayo� Frahm moved, Councilmember L. Adams seconded, to recommend the assessment of 10 sewer units for the Art Center and to combine the project of 85-2 with 85-1 . Motion, Ayes (4 ) , Nays (0 ) . City Attorney Radio noted that an assessment hearing should then be scheduled for the Art Center. City Administrator Bernhardson stated that staff will schedule an assessment hearing by June 22nd for the July 8 , 1985, Council meeting. CONSENT AGENDA* Acting Mayor Frahm moved, Councilmember L. 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 ( 4 ) , Nays (0 ) . APPROVAL OF MINUTES* Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve the minutes of the Orono Council ' s regular meeting held May 28 , 1985 . Motion, Ayes (4 ) , Nays ( 0 ) . PARR COMMISSION COMMENTS MINUTES OF MEETINGS* TOUR CITY PARR SYSTEM* Acting Mayor Frahm moved, Councilmember L. Adams seconded, to accept the Park Commission minutes of April 2 , 1985 , and May 7 , 1985 . Motion, Ayes (4 ) , Nays (0 ) . Public Works Coordinator Gerhardson asked for the number of Councilmembers that will be able to attend the tour of the parks on June 18 , 1985, at 6 :00 p.m. Councilmembers Frahm, and T. Adams noted they will be able to attend the tour. LARE MINNETONRA CONSERVATION DISTRICT REPORT There was no Lake Minnetonka Conservation District Report. PLANNING COMMISSION COMMENTS Planning Commission Representative J. Diann Goetten was present but had no comments. � , MI�UTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE 4 PDBLIC COMMENTS Herman Renner of 3180 North Shore Drive was present. Renner noted that he is having problems with North Shore Drive Marina again. Renner explained that he was promised that North Shore Drive Marina would not have any marina activity on the east side of the property. Renner noted that the marina continues to operate over on the east side. Renner explained that Larry Hork has had his boat parked there for weeks. Renner stated that Hork claims he has a variance or permissionfrom the neighbor next to the boat. Renner noted " that the neighbor doesn' t have authority to grant him permission to park the boat there on the east side. Renner asked that no parking signs be placed on the east side to prevent this . Renner noted that Hork' s boat parked on the east side acts as a decoy to bring the rest of the boats there. Renner asked the Council to investigate into the matter. Acting Mayor Frahm asked that Herman Renner a�ttend tl�e Marina Committee meeting on June 19 , 1985 , when the North Shore Drive Marina will have their application reviewed. Frahm suggested that staff notify Renner when the meeting will be held so he can attend. Frahm also noted that staff should notify Larry Hork of the meeting and request his attendance. City Administrator Bernhardson noted that the City received a letter from Hork' s attorney. Bernhardson noted that according to Hork' s attorney the North Shore Drive Marina is � in compliance with the LMCD' s setbacks. Bernhardson noted that this has been referred to the LMCD for interpretation. ADDITIONAL PUBLIC COMMENTS Jerry Wheeler of 3399 Crystal Bay Road reviewed with the Council the complaint against him. Wheeler explained that with water in the basement and visitors coming over, he wanted tolimit the personalliability against him. Wheeler stated that the way to keep the water from the basement was to leave the hardcover in place. Wheeler asked the Council to look at the situation from his point of view. Wheeler noted that he voted for Councilmember L. Adams because he understood L. Adams to be honest and fair. Wheeler asked Adams to be fair. Wheeler noted that he also issued a complaint against Dick Carl and asked what is being done with his complaint. Wheeler wanted to be assured that his complaint has been issued through the same channels for the same violations that his was issued. Wheeler asked for fair and equal treatment. Wheeler asked what is being done with his complaint. Building & Zoning Administrator Mabusth stated that at the last Councilmeeting, staff included Wheeler' sletter noting the complaints and waited for Counci ' s directive. Mabusth noted that Council gave no direction to staff . Jerry Wheeler of 3399 Crystal Bay Road stated that he would , prefer that his complaint not be followed up, but for the same ` � reasons that the City would not want to follow up on it. MI�NUTES OF THE REGULAR ORONO COONCIL MEETING HELD JUNE 10, 1985 PAGE 5 Wheeler stated that he would like the same consideration. Wheeler stated that if the City doesn't feel they want to follow up on his complaint, then he wants the same consideration. Acting Mayor Frahm explained that the subject neighborhood has forced the City in a very precarious position legally. " Frahm noted that the City is forced to do things by the book and that the City is past the point in trying to reason with the neighbors. Frahmstated that any complaint that Wheeler has filed, staff should follow up on and require a variance or citation if there is violations . Frahm noted that if Wheeler wishes to keep the hardcover, he will have to apply for a variance to the original variance. City Administrator Bernhardson noted that staff will report back to Council regarding Wheeler ' s eomplaint against his neighbors in two weeks (June 24 , 1985 ) . � • Jerry Wheeler submitted two pictures of his neighbors that have their own parking pads and utilize them. Wheeler noted that he is anxious to solve the complaint. Wheeler noted that the City was so prompt to act when a complaint came in against him, but took so long to act on his complaint against his neighbor. Wheeler stated that he has been asked by the City to get an engineer' s opinion regarding the hardcover and formally requested the City make the same request of his neighbor. ADDITIONAL PUBLIC COMMENTS Sandy Sandgren of 1215 Arbor Street stated that recently the City had much controversy over a fence on Stubbs Bay blocking the lakeshore. Sandgren stated that the same situation has developed over at the end of Spates Avenue and Shoreline Drive. Sandgren stated that the fence blocks the view of the lakeshore and the Hennepin County road signs . Sandgren noted that kids are writing obscene words on the fence. Acting Mayor Frahm stated that the fence ordinance issue is on the agenda later in the evening. Frahm stated that staf f is aware of the problem and has investigated into the matter. Frahm noted that the fence will be discussed later tonight. #908 & �924 JON SCHERVEN 2649 CASCO POINT ROAD VARIANCE & CONDITIONAL USE PERMIT RESOLUTION #1773 - VARIANCE APPROVAL RESOLUTION #1774 - CONDITIONAL USE APPROVAL Jon Scherven and A.W. Scherven of 2649 Casco Point Road were present. AssistantZoning Administrator Gaffron explained that applicant has revised plans according to Council ' s direction. 1 ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE 6 Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve Resolution #1773 , A Resolution approving a variance per revised plans showing no encroachment into the , 0-75 ' setback zone, subject to the drawings to be attached to the resolution. Motion, Ayes (4 ) , Nays (0 ) . Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve Resolution #1774 , A Resolution approving a conditional use permit to allow a guest apartment use per revised plans showing, an open appearance in the entrance of the home, subject to the drawings to be attached to the resolution. Motion, Ayes (4 ) , Nays (0 ) . #910 JAMES HOFF 2056 SHADYWOOD ROAD CONDITIONAI� USE PERMIT RESOLUTION James Hoff was present. Neighbor Neil Blesi of 2064 Shadywood Road was also present. Assistant' � Zoning Administrator Gaffron explained that the applicant requests . permission to regrade his lakeshore yard to better conform with his neighbors and create easier maintenance of the yard. Gaffron noted that the original plans did not reflect the applicant' s intent and the applicant has revised the plans to show the contours to better match hissurrounding neighbors. Gaffron stated that the applicant intends to cut down one of the retaining walls that is in disrepair. Gaffron noted that the grading would extend within 10 ' of the lakeshore. James Hoff stated that he has tried to mow the yard and it is too difficult with the steep slope. Hoff noted that he has turned over mowers trying to maintain his yard. Acting Mayor Frahm asked what the hardships were to justify granting of this conditional use permit. Assistant Zoning Administrator Gaffron did note that there is definitely a safety factor in trying to maintain the yard. Gaffron reported that according to the neighbor the grade was originally what is proposed now and that the previous owner f illed in the area. Gaf f ron noted that the City Engineer' s review of the original plan revealed that it would not help infiltration and may not be beneficial from an infiltration standpoint. Gaffron noted that during a rainfall or snowmelt period, the runoff is slowed at the upper plateau where some infiltration occurs, but whatever hits the steep slope has a high runoff rate. Gaffron explained that with this regrading proposal there would be a gradual slope which might slow the runoff to the lakeshore but might also reduce infiltration. Neil Blesi of 2064 Shadywood Road noted that he is in favor of the application and that the lot would look better. MINUTES QF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE � #910 HOFF (CONT. ) Actin� Mayor Frahm stated that he would like to see documentation from the neighbor (a signed affidavit or something) to prove that the grade existed as proposed now. Frahm noted that all the lots along there are high and difficult to mow. Frahm stated that he needs a hardship to differentiate this property from others. Frahm noted that he could approve of the proposal if the existing original grade was what is proposed and if he could see documentation of such. James Hof f stated that the runof f wi 11 probably be improved since the steep slope will be decreased and made into a more gradual slope. Councilmember L. Adams explained that is a lot of grading and is very close to the lakeshore. Adams noted that the : resolution is written so that all grading would have to be done within a 24 hour period which would help the si�uation. Councilmember Grabek asked if the City has allowed this type of proposal before. Building & Zoning Mabusth stated that the City has allowed regrading of lakeshore lots because of serious erosion problems and to decrease the velocity of runoff into the lake. James Hoff noted that he plans to landscape the yard which would also help slow the runoff. Councilmember Grabek noted that this proposal is really a philosophical question that the Council must decide. Grabek noted that if Council approves this, that anyone with steep lakeshore lots that have a dif f icult time maintaining it can come in and request the same. Grabek could not see granting the conditional use permit just because the applicant hasdifficulty mowing thelawn. Grabek noted that the property was purchased with the slope on the property. Grabek asked if the revised plans and change in contours changed the City Engineer' s opinion on the project. James Hoff stated that the City should treat applications case by case. Hoff felt it was an unfair assessment to generalize with every high piece of land. Councilmember Grabek disagreed with Hoff and noted that even though the Council considers properties one by one, their decisions still set precedents for future applications. James Hoff stated that there have been numerous accidents with the lawn mower and he wants to correct the problem before someone gets injured. Hoff stated that he is willing to comply with any requirements the Council may impose. Hoff felt that his application is not an impossible request. \ � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE 8 Acting Mayor Frahm felt that he could approve the application if he has proof that the lot was filled by the previous owner. Councilmember T. Adams moved, Councilmember L. Adams seconded, to table the application to provide applicant sufficient time to generate the following: . 1. A letter or affidavit confirming that the subject property was filled by the previous owner. 2. Grading plans must include landscaping plan and time schedule for plantings. Motion, Ayes (3 ) , Nays (1 ) . Councilmember Grabek voted nay. James Hof f also noted that it becomes a dangerous situation with the lakeshore when small children are in the lake and the lakeshore cannot be seen from his home. Hoff stated that a small child could drown in the lake and he would not be able to see it from his home because of that slope in the lot. #912 GORDON HEDLUND 3990 NORTH SHORE DRIVE VARIANCES* Acting Mayor Frahm moved, Councilmember L. Adams seconded, to table the Gordon Hedlund application pending further information as requested by the applicant. Motion, Ayes (4 ) , Nays (0 ) . #914 RICHARD RAUFFMANN 2696 ETHEL AVENUE VARIANCE RESOLUTION #1775 Richard Kauffmann was present. Building & Zoning � Administrator Mabusth explained that the applicant seeks a variance to the average lakeshore setback line for construction of a new residence. Mabusth stated that the applicant has worked out with the neighbors the setback line and that the neighbors have agreed to the 17 ' extension in the average lakeshore setback. Mabusth stated that the applicant also requests that the existing home be allowed to stay on the property until the new home is completed. Richard Kauffmann stated that the home actually is located 101 ' from the lakeshore. Councilmember Grabek moved, Acting Mayor Frahm seconded, to approve Resolution #1775, A Resolution approving a variance to the average lakeshore setback line. Motion, Ayes ( 4 ) , Nays (0 ) . � ' � � , MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JIINE 10, 1985 PAGE 9 #916 RRIMMEL/ENGELSMA 960/990 PARTENWOOD ROAD LOT LINE REARRANGEMENT* Acting Mayor Frahm moved, Councilmember L. Adams seconded, to recommend approval of the proposed plat of a lot line rearrangement for G.W. Krimmel and Bruce Engelsma based on the following findings : 1. The lots each contain the minimum required one acre in area. - 2. Allexisting structures meet the reguired setbacksfrom the newly created lot line. Motion, Ayes (4 ) , Nays (0 ) . #919 T.M. SCHULTZE 1185 WYNDMERE ROAD AFTER THE FACT CONDITIONAL OSE PERMIT RESOLUTION #1776 T.M. Schultze was present. Building & Zoning Administrator Mabusth explained that at the time of the final inspection of . the new Schultze residence, staff noted the excavation of a pond. Mabusth noted that the pond is not in a designated wetlands area and the pond serves as a collector basin for all run-off from a small localized watershed. Ted Schultze noted that he was not aware that he needed a permit to excavate the pond. Schultze noted that the City � has requested a 20 ' easement across the property and he is willing to give such easement. Acting Mayor Frahm noted that it was not originally a designated wetland but that it will be now. Councilmember T. Adams asked what the two pipes were draining into the pond. Ted Schultze stated that one is a pipe leading from the floor drain from his garage and the other is a iron filter pipe from his well. Council asked Engineer riike Lynch if he would recommend that pipes from floor drains and iron filter pipes be allowed to drain into a pond that eventually extends into a another wetlands. Engineer Mike Lynch stated that he would not recommend that the pipes be allowed to extend or drain into the pond. Staff advised Schultze that they will work with the applicant to find another location where he may direct the pipes in guestion. . , , MINUTES OF THE REGUI.AR ORONO COUNCZL MEETING HELD JUNE 10, 1985 PAGE 10 Councilmember L. Adams moved, Councilmember T. Adams seconded, to approve Resolution #1776 , A Resolution approving a conditional use permit for the excavation of a pond subject to staff adding another condition to the resolution to read "6 . garage drain and iron filter drain may not drain into the pond and the relocation of those drains aresubject to staff recommendation and approval. " Motion, Ayes (4 ) , Nays (0 ) . #920 LOU FEGERS " 2590 NORTH SHORE DRIVE VARIANCE RESOLUTION #1777 Mr. and Mrs. Lou Fegerswere present. Builder, Marty Bethke, was also present. Assistant Zoning Administrator Gaffron explained that the applicant requests a hardcover and setback variance to replace a structurally unsafe attached garage with living space. Gaffron noted that the applicant has proposed tradeof f s in hardcover but that the hardcover would still increase in the 0-75 ' lakeshore setback zone from � 3. 2$ to 5 . 0� and from 53 .8� to 56 . 8$ in the 75-250 ' lakeshore setback zone. • Councilmember L. Adams felt that there is definitely a hardship on the pr.operty in that the garage is literally falling off . Acting Mayor Frahm noted that the future owner of the home will probably come to the City to ask for a variance to � construct a garage. Frahm explained that he would have no problem approving a variance to replace the existing garage with more garage space, but that the applicant is requesting to eliminate any garage space and replace it with living space. Frahm stated that by eliminating the garage space, it would leave a future owner with no garage. Frahm noted that it will be very hard for a future council not to grant a variance for a garage and that there is really no other room on the property to place a garage. Lou Fegers stated that they will not ask for a garage. Fegers stated that they will be able to landscape the area so as not to appear unsightly to anyone. Councilmember T. Adams noted that the City cannot force people to construct a garage on their property and should not try to plan something in the future for someone else. Adams noted that he does have a problem with the extension into the 0-75 ' lakeshore setback zone. Councilmember Grabek recognized the hardship on this property and felt that the amount of hardcover requested is minimal. Councilmember Grabek moved, Councilmember L. Adams seconded, to approve Resolution #1777 , A Resolution approving a variance for Lou Fegers to permit increases in hardcover in the 0-75 ' and 75-250 ' . Motion, Ayes (2 ) , Nays (2 ) . Councilmember T. Adams and Acting Mayor Frahm voted nay. , MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE 11 Marty Bethke suggested reducing the size of the screened in porch so as not to extend into the 0-75 ' setback area. Councilmember T. Adams moved,� Councilmember L. Adams seconded, to approve Resolution #1777 , A resolution approving a variance for Lou Fegers to permit the construction of a screened in porch and demolition of garage , with addition in living space, subject to the square footage of hardcover in the 0-75 ' be equal to the square footage of hardcover being removed (shed and walkway) . Motion, Ayes (3 ) , Nays (1 ) . Acting Mayor Frahm voted nay because of condition #4 in the resolution which states that no future variances will be � granted to the property and felt that this was not a realistic condition. CITY ENGINEERS REPORT BURLINGTON NORTHERN I,EASE CRYSTAL BAY SEWER PROJECT* Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve the agreement with Burlington Northern Lease regarding the Crystal Bay Sewer Project. Motion, Ayes (4 ) , Nays (0 ) . MAYORS REPORT There was no Mayor' s report. CABLE TV REPORT There was no Cable TV report. TRANSPORTATION REPORT City Administrator Bernhardson noted that the variance hearing will be held on Friday, �June 14 , 1985 regarding County Road 15. ATTRIBUTION OF SEWER UNITS TO VARIOUS PROPERTIES IN CRYSTAL � BAY AREA SEWER PROJECT City Administrator Bernhardson recommended that the following units be assessed in the Crystal Bay sewer project : 1. Sailors World property - 2 u�its 2. 1950 Shoreline Drive - 2 units 3. Tonka Transmission - 1 unit 4. City properties - 5 units Acting Mayor Frahm stated that 1950 Shoreline Drive should be assessed four units since they have four dwelling units on the property. City Administrator Bernhardson explained that the City does not want to encourage four dwelling units on the property and that from a zoning standpoint it may not be wise to assign four sewer units. MINUTES OF THE REGULI�R ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE 12 Acting Mayor Frahm noted that the City should condemn the other two units if they are not planned to be served with sewer, otherwise assign four units to the four dwelling units on 1950 Shoreline Drive. Frahm noted that there will probably be four dwelling units there for a long time and it is adjacent to a commercial property. Questionswere raisedfrom the audience regarding past sewer ' . projectsand the way they were assessed. City Administrator Bernhardson answered such questions, and discussion continued among Councilmembers . Councilmember L. Adams moved, Acting Mayor Frahm seconded, to approve the assignment of five units to the City properties. Motion, Ayes ( 4 ) , Nays ( 0 ) . Councilmember T. Adams moved, Acting Mayor Frahm seconded, to assign two sewer units to Sailors World (1 for retail operation and 1 for pump out building) . Motion, Ayes ( 4 ) , Nays (0 ) . � Acting Mayor Frahm moved, Councilmember T. Adams seconded, to adopt Resoluton #1778 , A Resolution assigning one sewer unit to Tonka Transmission, subject to staff revisions as discussed. Motion, Ayes (4 ) , Nays (0 ) . Councilmember L. Adams moved, Councilmember Grabek seconded, to direct staff to draft a resolution assigning foursewer unitsto1950 Shoreline Drive. Motion, Ayes (4 ) , Nays (0 ) . PAYMENT SCHEDULE ON ASSESSMENTS PROJECT 85-1 & 85-2 City Administrator Bernhardson reviewed the payment schedule for the Czystal Bay sewer project. Bernhardson recommended that the equal principal with decreasing interest paymentsbe adopted for easier accounting purposes. Councilmember Grabek moved, Councilmember T. Adams seconded, to adopt the equal principal and decreasing interest payn.ents schedule on the Crystal Bay Sewer Project. Motion, Ayes (4 ) , Nays (0 ) . SET INTEREST RATE FOR SEWER PROJECT City Administrator Bernhardson noted that the bond rates awarded were 7 .9156$ and that staff recommends approximately 1.25$ to be added for administrative charges . Bernhardson recommended that the interest rate be set at 9 . 2$. Acting Mayor Frahm moved, Councilmember L. Adams seconded, to adopt the interest rate Of 9 . 2$ for the Crystal Bay sewer project. Motion, Ayes (4 ) , Nays (0 ) . , , � � � � , MINUTES OF THE REGUI,AR ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE 13 RESOLUTION #1780 SPREAD ASSESSMENTS City Administrator Bernhardson stated that the number of assessments have just increased as a result of 1950 Shoreline Drive. Bernhardson stated that a total of 98 units will be assessed and would reduce the estimated $9 , 430/unit cost. Acting Mayor Frahm moved, Councilmember L. Adams seconded, to adopt Resolution #1780 , A Resolution Adopting Assessment Roll and spreading assessments over 98 units for sewer project 85-1 . Motion, Ayes (4 ) , Nays (0 ) . EASEMENTS TO DATE CRYSTAL BAY SEWER* There was no report regarding the easement acquisition. CDBG PROGRAMS ASSESSMENT PROGRAM & HOORUP GRANT PROGRAM City Administrator Bernhardson updated the �Council regarding the CDBG assessment grant program. Bernhardson explained that $37 , 000 is set aside for hookups to the sewer project for those who qualify. Bernhardson stated that the grant program will be administered on a first come first serve basis and will be available sometime in August. Bernhardson explained that at the time the program is available, the City will notify the residents in the affected sewer project. RESOLUTION �1779 SENIOR CITIZENS DEFERMENT City Administrator Bernhardson noted the revised resolution concerning the senior citizens deferment program. Councilmember Grabek moved, Councilmember T. Adams seconded, to approve Resolution #1779 , A Resolution Amending the program for deferment of special assessment for person 65 years of age or older. Motion, Ayes (4 ) , Nays ( 0 ) . CASCO POINT TRAFFIC CONTROL MATTER City Administrator Bernhardson stated public hearing notice will be published regarding the proposed solution in the Casco Point neighborhood. Bernhardsonstated that staff is investigating alternatives for the neighborhood. Councilmember Grabek moved, Acting Mayor Frahm seconded, to defer setting a public hearing date for June 24 , 1985 , regarding the Casco Point traffic problem. Motion, Ayes (4 ) , Nays (0 ) . CRIME PREVENTION FUND City Administrator Bernhardson stated thatstaff recommends that the Crime Prevention fund program be implemented. Bernhardson suggested a five member board of directors be appointed by the Council to initiate the non-profit organization. Bernhardson stated that staff will bring this matter back before the Council on June 24 , 1985 and asked , Council to think of possible appointees for the committee. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE 14 , Council suggested that the people to be appointed not only come from Orono but from cities the police department serves such as Minnetonka Beach, Long Lake, and Spring Park if interested. ORDINANCE CLARIFICATION HEIGHT OF FENCE City Administrator Bernhardsonstated that the currentzoning ordinance regarding fences is vague. Bernhardson stated that based on staff ' s interpretation of the fence ordinance, fences up to 3 1/2 feet have been allowed in the 0-75 ' setback area. Bernhardson explained that the fence constructed at 2010 Shoreline Drive is a hazardous fence in that it obstructs the view of Hennepin County street signs, and the public access location. Bernhardson explained that Hennepin County permitted the owner at 2010 Shoreline Drive to construct a fence on the right of way. Bernhardson stated that the owner of 2010 Shoreline Drive and Hennepin County have agreed that if the fence is knocked dow�i by Cou�ty snow plows, Hennepin County willreplace thefence. Bernhardson stated that however if the fence is knocked down by buildup of snow, it is up to the owner to replace the fence. Bernhardson noted that the fence is a public and safety nuisance standpoint as it exists. Bernhardson noted that even at 3 1/2 feet the fence could block the view from the public access . Bernhardson reported that the owner at2010 Shoreline Drive has informed staff that if he is requested to remove the fence, he requests that staff enforce the rest of the fences around the lake. Bernhardson asked Council for clarification of the fence ordinance. One man in the audience noted that the fence depreciates the beauty and value of the shoreline. He reported that he saw a lady miss the bus because the fence blocked her view from the approaching bus . He noted that the fence makes a good fence for kids to write obsenities on. He noted that the snow will eat away the fence in the winter. City Administrator Bernhardson stated that the owner claims that the fence is for the privacy of his family members for . sunbathing. Bernhardson asked the Council if they interpret the ordinance to mean that no fences are allowed in the 0-75 ' setback area or only 3 1/3 foot fences allowed in the 0-75 ' area. � One lady in the audience mentioned that this fence, if allowed to stay, will set precedents for future fences around the lake. Councilmember Grabek stated that the fence is a hazard and endangers the view and safety of traffic and pedestrians in that area and that the fence should come down. Grabek noted that the view is blocked for those exiting out of the public access. Grabek noted that the owner should be tagged and ordered to remove the fence and invited to meet with the Council. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 10, 1985 PAGE 15 Building & Zoning Administrator Mabusth stated that the hazard is actually above what the fence ordinance allows. Councilmember L. Adams mov�d, Acting Mayor Frahm seconded, to af f irm staf f ' s interpretation of the fence ordinance to allow a 3 1/2 foot fence within the 0-75 setback area. Motion, Ayes (4 ) , Nays (0 ) . Councilmember L. Adams moved, Acting Mayor Frahm seconded, to direct staff to take action and direct George Rovegno to • remove the fence because of safety considerations for the public access or cut down the size of the fence to 3 1/2 feet and relocate the fence away from a hazardous location in order to alleviate the safety hazard with such relocation to be mutually agreeable with staff. Motion, Ayes ( 4 ) , Nays (0 ) . ORONO-MEDINA-LONG LARE SEWER - ROBBS MOTEL DEVELOPMENT City Administrator Bernhardson reviewed with the Councilthe sewer line locations near Highway 12. Bernhardson stated that in order to service the Robbs Motel development property, the City of Long Lake has requested to connect into the City of Orono' s sewer line without taking any units away from the City of Orono. Bernhardson stated that staff has investigated the request to see if the hookup would affect an� future Orono parcelsthat may be developed. Bernhardson noted that staff feels it will not affect any future developments. Councilmember Grabek noted that the agreement should be written so that Long Lake will pay for any improvements if there is any problems with the sewer lines . Councilmember L. Adams moved, Acting Mayor Frahm seconded, to direct staf f to negotiate with the City of Long Lake and Medina an agreement addendum regarding the hookup to Orono lines . Motion, Ayes (4 ) , Nays (0 ) . BIG ISLAND STATUS REPORT City Administrator Bernhardson noted that hismemo regarding the Big Island Veteran' s Camp was just a status report. STATOS REPORT 2695 CASCO POINT City Administrator Bernhardson noted that 2695 Casco Point Road now has electricity and that the contractor will begin pumping of the basement 24 hours a day. Bernhardson noted that Chris Adams (builder) told staff that he could not meet the deadlines that staff set. Bernhardson noted that staff informed Adams that the City is willing to work with the builder as long as work continues on the home. I � � NfINUTES OF THE REGULAR ORONO COIINCIL MEETING HELD JtJNE 10, 1985 PAGE 16 TERMINATION OF' EMPLOYMENT CONTRACT* Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve the termination of the employment contract with ` Walter R. Benson. Motion, Ayes (4 ) , Nays (0 ) . LIQUOR STORE-PAGE EDMUNDS PART-TIME EMPLOYEE* Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve the employment of Page Edmunds at $4 . 25/hour effective June 3, 1985 . Mation, Ayes (4 ) , Nays (0 ) . INFORMATION ONLY* Council accepted City Administrator Bernhardson' s informational memo. CITY ATTORNEY'S REPORT 130 CYGNET PLACE City Attorney Radio informed the Counci�. that a formal complaint has been prepared for four different violations and he delivered to Building & Zoning Administrator Mabusth for her signature in front of the judge. LICENSES* Acting Mayor Frahm moved, Councilmember L. Adams seconded, to approve the following licenses : Wayzata Country Club - Fireworks permit Halstad Contracting - Septic System Installer Baldy Sanitation - Garbage Hauler License Motion, Ayes ( 4 ) , Nays (0 ) . BILLS* Acting Mayor Frahm moved, Councilmember L. Adams seconded, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes (4 ) , Nays (0 ) . ADJOURNMENT 12:10 PM Acting Mayor Frahm moved, Councilmember Grabek seconded, to � adjourn the regular meeting.at 12 :10 p.m. and to enter into executive session. Motion, Ayes (4 ) , Nays (0 ) . � � ATT ST: � _ " � `, � ��4� f othy M. allin, City Clerk Mary C. •�u er, Mayor Tom Frahm, Acting Mayor 1 '` ART CENfiER OF MINNESOTA/2240 NORTHSHORE DRIVE, CRYSULLB9Y,. MINNFSOTA_55.3231(612) 473-7361 ' � iVayzata, �iinnesota 55391 C�C�C� D��C�lf�' . Q ,� : � : �Y 2 8 t985 ;: ' �.I ,:, ., � , ;: T4ay 24 , 1985 � ;��-'i� CITY OF ORONO � City of Orono Post Office Box 66 Crystal Bay, TiN 55323 RE: Art Center of Dfinnesota Sanitary Sewer Improvements Project No. 85-2 Dear Ladies and Gentlemen: . The Art Center of ;�iinnesota is �ariting you regarding the proposal k�hich is on the Orono City Council agenda for ;�ionday, June 10 , 1985 , with regard to assessing the Art Center of r�innesota property for sanitary se�.�er iMprovements under the Tsinnesota special assessments la�a. Your proposal is to assess our property identified as 2240 rorth Shore Drive referred to as "Art Center of �Iinnesota �9est and our property at 2180 �Iorth Shore Drive referred to as "Art Center of tilinnesota East". It is our understanding that this Project 85-2 is to be done in con- junction wit�i your Crystal Bay sanitary se�aer Project 85-1 . lti'e hearby inform you that it is our belief that a sanitary se��er improve- ment project is not necessary for our facility and we do not k�ish you to construct it. Further, i��e catagorically object to the assessment of our property for the sanitary se��er project in the amount of �97 , �00 or for any other amount. P;e understand that you have assigned ten "units" at a cost of �9, 730 each in arrivinn at your total assess- ment for the 11rt Center of �tinnesota properties of $97 , 300 . The property w}iich you propose to assess is described as tlie East 474 feet of the North 459 feet of Government Lot 5 , To�,�nship 117 , Range 23 ltiest , Hennepin County, �iinnesota, and is otherwise identified on your map attached hereto as "Art Center of Alinnesota". To summarize , we object both to the construction of the easement and � to your assessr�ent of our land for it. Fes e tfully submit d, � ��..�z� rc�oC.c�.. Katlierine l�,. Harder President ' � I11:T CENTER QF TII1i,�ESOTA " ' � " - - " ' 1C�r::'sb...,,. �; ,;,� L � � - �a�e.I a�3 Planning �ommission � Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE � � ,� � PLEASE FILL OUT THE INFORI�IATION REQUESTED BELOW FOR OUR CITY RECORDS. 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