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HomeMy WebLinkAbout06-24-1985 Council Minutes s� � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 24, 1985_ PAGE 1 ATTENDANCE 7:00 PM The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Grabek, Lynn Adams, and Frahm. Councilmember Tim Adams arrived at 7 : 05 p.m. City Attorney Radio and City Engineer Cook were present. The following represented the City staff : City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, Public Works Coordinator Gerhardson, and City Recorder Sutton. CONSENT AGENDA* Councilmember Frahm asked that item #24 be removed from the Consent Agenda for discussion. Councilmember L. Adamsmoved, Councilmember Frahm seconded, to approve the Consent Agenda* subject to it�m #24 being removed for discussion, 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* Councilmember L. Adamsmoved, CouncilmemberFrahm seconded, to approve the regular Council minutes of June 10 , 1985 . Motion, Ayes (4 ) , Nays ( 0 ) . BOARD OF REVIEW MINUTES* Councilmember L. Adamsmoved, Councilmember Frahm seconded, to approve the Board of Review minutes of June 10 , 1985 . Motion, Ayes (4 ) , Nays (0 ) . PARR COMMISSION COMMENTS There were no Park Commission comments. LARE MINNETONRA CONSERVATION DISTRICT REPORT Jo Ellen Hurr was present. Hurr informed the Council that a public hearing will be held on August 14 , 1985 regarding boats stored within frontage of any residential lot. Hurr noted that the City will receive a letter notifying them of the public hearing. Hurr noted that the idea is that any residential dock can have four boats if they belong to the people who live there and must prove to the LMCD that they own all four boats. Hurr stated that the attorney is handling discussions with Chaska Marina but has received no response from Chaska Marina. Hurr noted that North Shore Drive Marina has a setback violation and the matter has been turned over to the LMCD attorney. Hurr reminded the Council that the boat trip will be held August 3, 1985 to review the commercial marina operations of Lake Minnetonka. Mayor Butler asked Hurr about Chaska Marina. Butler noted that the redesign of the docks is better for the neighbors and something that Chaska Marina has agreed upon. \ ` MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 24, 1985. PAGE 2 Jo Ellen Hurr stated that the LMCD denied Chaska ' s request because they could not prove any hardship and the LMCD was not willing to grant any variances. PLANNING COMMISSION COMMENTS There were no Planning Commission comments. PUBLIC COMMENTS Terry Morse of 2080 Spates Avenue was present. Morse asked the Council what is the purpose of adopting a resolution declaring �hat City properties are exempt from special assessments. City Administrator Bernhardson stated that at the last meeting, Council directed that a resolution be adopted indicating that the City would have f ive sewer units which will be included on the assessment roll. Terry Morse of 2080 Spates Avenue asked what will keep the City on the assessment roll. City Administrator Bernhardson stated that the assessment has already been spread and if the City were to remove that assessment, the assessment would go back to the City budget. Bernhardson stated that at this point in the Crystal Bay sewer project the City cannot change the number of units without taking monies f rom the general tax rolls to pick up the difference. Bernhardson noted that in the resolution assigning five units to the City, it notes that the City will not reduce the number of units assessed against it unless there is a general reduction of units in the project. #896 JAMES ANDERSON GEORGE LEVERING 2280 & 2300 FOX STREET FINAL SUBDIVISION RESOLUTION #1781* Councilmember L. Adams moved, Councilmember Frahm seconded, to adopt Resolution #1781, A Resolution approving the plat of Bill Kelley' s Land First Division. Motion, Ayes (4 ) , Nays (0 ) . #913 PAUL PHILLIPS 2160 SIXTH AVENUE NORTH PRELIMINARY SUBDIVISION PaulPhillipswas present. Building & Zoning Administrator Mabusth noted that the applicant proposes a division of a portion of his homestead property of approximately 12 acres , portions of which are located in the City of Medina. Mabusth noted that the obvious building sites fall within the Orono : portions. Mabusth noted that access to Lots 3 and 4 will be shared via the existing driveway. Mabusth advised the applicant that at the time he sells of f Lot 3 , as the owner of Lot 4 , he must grant an access easement in favor of Lot 3 . Mabusth noted that all lots have suitable areas for both principal and alternate on site septic systems. Mabusth noted that �there is a drainage tile across Lot 1 . ` � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 24, 1985. PAGE 3 #913 PAUL PHILLIPS Councilmember T. Adams noted that the final resolution (CONT. ) should place the developer/owner on notice that the drainage tile will be the owner ' s responsibility to maintain and not the City' s responsibility. Mayor Butler questioned the wording on the survey regarding ' the 100 year high water mark at 1005 . 5 unless drain tile is not plugged. Surveyor, Mark Gronberg, clarified for the Council the meaning of such wording. Gronberg stated that the calculations were done for. the 100 year storm assuming that the tile would be plugged. Gronberg stated that the calculations show what the worst case would be. Councilmember T. Adams asked Phillips if he has any preliminary plans for the property shown on the survey north of the proposal. Paul Phillips presented sketches of his proposal for the property to the north. Mayor Butler moved, Councilmember Frahm seconded, to recommend approval of the preliminary plat application of Paul Phillips finding all standards of the on-site septic code and the rural standards of the RR-1B zoning district have been satisfied based on the following findings : l. If Lot 1 is to be approved as a buildable site the following conditions and controls must be placed on the future use of the property: A) Septic area of Lot 1 must be safeguarded for future use as there may not be another suitable septic area within the boundaries of the lot. At the time the septic system is installed a berm must also be installed along the west side of both the primary and alternate test sites and east of proposed road or if road is constructed first, developer must stake off septic area prior to construction and provide information in road plans as to how drainage will be carred away from septic area. B) First habitable level of residence structure to be at 1007 . 5 elevation. C) All changes in elevations or grades on Lot l , outside of original building permit review, must be approved by the City. 2. Drainage tile running through Lots l , 2 and 3 must be designated as 15 feet drainage easement. 3 . Conservation and Flcwage Easement to be taken over drainage easement--engineer todetermine prior tofinal plat approval if additional area around tile inlet should be incluced within drainage easement . MINUTES OF THE REGUI.AR ORONO COUNCIL MEETING HELD JUNE 24, 1985_ PAGE 4 #913 PAUL PHILLIPS (CONT. ) 4. Owner of Lot 4 must grant access easement in favor of Lot 3. 5. Future developer of lands within Medina to be served by private road within Outlot A must obtain a conditional use permit from the City of Orono prior to construction. City to approve road plans . . 6. Payment of park dedication fee of $600 ( $200/lot ) . 7 . Dedication of right-of-way of �40 ' for County Road 6 . 8. Maintenance of drainage tile across Lots 1-3 to be the sole responsibility of the developer/owner and is not the responsibility of the City. Motion, Ayes (5 ) , Nays (0 ) . #917 TIPTON CORPORATION 1290 LYMAN AVENUE VARIANCE RESOLUTION #1782 Mike Sjecklocha was present. City Attorney Radio noted that an adjoining neighbor of the subject property, Marc _ Whitehead, is an attorney at Popham, Haik, Schnobrich, Kaufman, and Doty and because of a possible conflict of interest stepped down from his seat as City Attorney. Assistant Zoning Administrator Gaffron explained that the revised plans meet the primary and alternate septic system requirements. Gaffron noted that the proposal is to demolish the existing homes and storage sheds on the property and construct a new home. Mayor Butler noted that the Planning Commission meeting made the finding that no additional land is available. Butler noted that it has been indicated to her that there has not been any significant conversation with the neighbor to acquire additional land. Mike Sjecklocha, Tipton Corporation Representative, stated that he has contacted the Whiteheads several times and his calls were never returned. Sjecklocha stated that the adjoining land to acquire from the Whiteheads is wetlands anyway and would not help the dry buildable area for the subject lot. Sjecklocha stated that there has been an attempt to talk with the Whiteheads and negotiate a purchase price. Sjecklocha noted that a purchase price has never : been agreed upon. Mayor Butler noted that she was informed of the opposite regarding the attempts to purchase the property. Butler noted that she is hearing conflicting reports . MINUTES OF THE REGUI.AR ORONO COUNCIL MEETING HELD JUNE 24 , 1985 . PAGE 5 #917 TIPTON Mike Sjecklocha stated that he has logged calls that he has (CONT. ) made to the Whiteheads. Sjecklocha noted that his calls were never returned. Sjecklocha noted that negotiations were held last fall regarding this lot when he met with the the Whiteheads and if they were interest�d in selling some land. Sjecklocha noted that the Whiteheads never gave him a price. Sjecklocha noted for the record that a variance was granted just down the road similar to this same request. Councilmember T. Adamsexpressed hisconcern about setting a precedent for developers to buy one acre lots expecting to get a variance from the City. Councilmember L. Adams stated that he would much rather see the proposed house on the property rather than the developer trying to remodel the existing hazardous building. Mike Sjecklocha pointed out that to fix up the existing house, it would need a setback and area variance because the existing home is too close to the road. Mayor Butler noted that in the proposed resolution it should be noted that no future variances should be granted. Councilmember Frahm stated that the resolution should also note that because of the surrounding wetlands that this property would effectively meet the density requirements of the City because of the prohibitions of building within wetlands. Councilmember L. Adams moved, Councilmember Grabek seconded, to adopt Resolution #1782 , A Resolution granting a variance to permit construction of a new home at 1290 Lyman Avenue subject to the two additions discussed above being added to the resolution. Motion, Ayes ( 4 ) , Nays ( 1 ) . Mayor Butler voted nay for reasons noted above. #918 JOHN NORDSTROM 541 SPRING HILL ROAD PRELIMINARY SUBDIVISION Dennis Burrati was present representing John Nordstrom. Mr. and Mrs . Partridge of 625 Spring Hill Road and Mr. and Mrs. Fred Winston of 765 Spring Hill Road were present in the audience for this application. Building & Zoning Administrator Mabusth explained the proposal to divide 14 . 4 acres into 5 lots . Mabusth explained that Outlot B is actually a creation of staff for a private driveway in order to diminish the destruction of the mature trees . Mabusth noted all these lots could achieve direct access via Outlot A but each access drive would require major earth and tree removal. Dennis Burrat�. asked for the reasoning in asking that the road be constructed right away when those lots will not be developed for some time. Burrati asked the Council to not require that the driveway be constructed until those lots are developed . �INUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 24, 1985. PAGE 6 #918 NORDSTROM . (CONT. ) Building & Zoning Administrator Mabusth stated that the the City would have to retain the necessary security to assure the completion of allrequired improvements. Mabusth noted that Council may wish to establish deadlines for completion of required improvements . � Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the preliminary plat application by John Nordstrom finding all standards of the RR-1B Rural Residential Zoning District and on-site septic code have been satisfied subject to the following conditions : 1. All new construction and septic installation must meet the City' s setbacks from Lydiard Lake if applied for before the Council adopts the DNR' s regulations . If a building permit is applied for after the City adopts the DNR' s regulations, the new construction is subject to the DNR' s setbacks from Lydiard Lake. 2. Describe wetland in angles and bearings within Lot 5 at 970 ' elevation. Designate wetland as drainage easement. City to ask for Conservation & Flowage Easement over wetlands. 3. Private road on Outlot A to be constructed prior to issuance of building permits to Lots 4 or 5 and private driveway on Outlot B must be constructed and existing driveway be dismantled prior to issuance of building permits to Lots 1 and 2 . 4 . Applicant must provide adequate security and enter into a developer' s agreement if the privateroad and existing driveway removal are not completed prior to f inal plat approval. Applicant to submit plans of restoration of driveway area prior to alteration for Orono staff approval. Engineering plans for private road must be approved by the Orono staff prior to construction. 5. The City will ask for underlying road and utility easements over Outlot A--maintenance covenants for u�keep and maintenance of private road. Applicant must submit proof within private covenants that shared driveway, ownership and maintenanceis shared by Lots l , 2 and 3. 6. The area of the property involved in Lydiard Lake (below elevation970 ' ) must be described in angles and bearings . and designated as drainage easements. The drainage easements are to be dedicated on the plat for public use . 7 . Payment of $800 park dedication fee ( $200/lot ) . Motion, Ayes ( 5 ) , Nays ( 0 ) . � � � , MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 24, 1985. PAGE 7 �931 J.F. FLEISCHflACKER 2775 SHADYWOOD ROAD VARIANCE RESOLUTION #1783* Councilmember L. Adams moved, Councilmember Frahm seconded, to adopt Resolution #1783 , A Resolution approving a conditional use permit to allow removal of 35 cubic yards of . fill and place fresh sand along shoreline. Motion, Ayes (4 ) , Nays (0 ) . STATUS REPORT ON ' PROPERTIES LOCATED AT 3385 AND 3393 CRYSTAL BAY ROAD Jerry Wheeler was present. Zoning Administrator Nabusth submitted pictures to the Council of the alleged violations at 3385 and 3393 Crystal Bay Road. Jerry Wheeler noted that the wood pile that staff took pictures of is not the wood pile that he addressed in his complaint. Wheelernoted that the wood pile is piled behind the shed and Wheeler views it from his home. City Administrator Bernhardson stated that staff would recheck the property for the other wood pile. Bernhardson explained that the inspection revealed a shed at 3385 Crystal Bay Road (8 ' x 12 ' ) and would not require a permit. Bernhardson explained that at 3393 Crystal Bay Road a 9 . 5 ' x 17 ' shed°is located and that technically a building permit would be required. Bernhardson explained that many people erect these structures without permits . Bernhardson asked Council if staff should enforce this ordinance for everyone. Bernhardson stated that the other issue is hardcover on the two properties. Councilmember T. Adams stated that even though the City doesn' t normally require a permit does not mean that people can violate the hardcover ordinance. Councilmember Frahm stated that if someone complains staff � should investigate. Frahm stated that at that time if the structure does not meet the ordinance they must apply for a variance. Frahm felt this issue should be enforced upon complaint. Councilmember L. Adams stated that the pictures are interesting and that Wheeler appears to have a case for filing a complaint but felt that the pictures are irrelevant as it pertains to status report on the alleged violations at Wheeler ' s property. Adams felt that this was an attempt to steer or obscure the issue. Councilmember Frahm noted that at the last meeting Wheeler was instructed to apply for a variance to his original variance. � � , � � . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 24, 1985_ PAGE 8 STATUS REPORT (CONT. ) Councilmember L. Adams felt that Wheeler ' s issue ought to be discussed and the properties at 3385 and 3393 Crystal Bay Road to be discussed as separate issues. Councilmember Frahm addressed the issues in the staf f inemo on a point by point basis . Frahm stated that regarding the � hardcover (POINT A) as long as no driving or plastic is on the gravel then it is not considered hardcover. Frahm noted that he is aware that the structure under 120 ' sf does not require a permit. Frahm stated that the 160 ' sf shed does require a permit and will additionally have to apply for an after the fact variance. Frahm noted that staff observed no boats, therefore, it is no longer an issue. Frahm had no problems with the wood piles. Frahm asked staff to investigateinto the wood pile addressed tonight by Wheeler . Jerry Wheeler stated that he did present his complaint through the proper channels. Wheeler felt that the questions of relevancy of Karl Johnson and Dick Carl ' s violations will become relevant as this mess gets bigger. Wheeler pointed out that this block (the neighborhood ) is in shambles when it comes to compliance with the ordinances . Wheeler felt that the Council should not enforce ordinances only on complaint basis in this neighborhood because that would be singling out certain individuals. Wheeler noted for the record that this block is in non-conformance with the ordinances in regard to hardcover, exterior structures , and lot line setbacks. Wheeler asked that if the Council is going to enforce those ordinances on himself , Johnson, and Carl, he asked that pictures not be taken of just these three homes but of the whole block. Wheeler asked the Council to be fair and to look at the whole block. Wheeler admitted that he parks on his gravel pad and noted that Johnson also uses his gravel pad for storage and transportation of vehicles. Wheeler noted that the wood pile is infested with rodents and he fears for the safety of a young child living in his home. Mayor Butler asked what type of rodents are in the wood pile. Jerry Wheeler noted that ground squirrels live in the wood pile. Mayor Butler noted that ground squirrels are indigenous to Minnesota and help beautify the lakeshore. Councilmember L. Adams tried to explain his point of view and was repeatedly interrupted by Wheeler. Mayor Butler ruled Wheeler out of order and instructed him to leave the Council Chambers. ` ' - MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 24, 1985. PAGE 9 STATUS REPORT Councilmember L. Adams addressed the issue of friendship (CONT. ) with Wheeler' sneighbors supposedly affecting hisdecision. Adams stated that the record indicates that Wheeler has had fair treatment. Adams stated the the neighborhood is in non-compliance with the ordinances. Adams felt that when Wheeler ' s variance application was before the City a few years back, he was treated fairly and the variance was approved. Adams stated that at that time of the variance approval, Adams friendship seemed to have no bearing on the issue. Adams noted that the boat issue came along and his friend was ordered to remove the boat which does not show favoritism on his part. Adams felt that the issues should be brought up individually and the City be wary of attempts to obscure the issue. CLARIFICATION OF HARDCOVER AND INTERPRETATION OF ADMINISTRATIVE POI,ICY PURDY & SPENCE LETTER John Purdy of 1975 Fagerness Point Road was present. Art and Dorothy Finkelstein of 1740 Shadywood Road were also present. City Administrator Bernhardson stated that staff is seeking direction from the Council regarding certain decisions regarding hardcover. Bernhardson noted the letters from Purdy and Spence regarding the interpretation and tradeoffs of hardcover. Bernhardson stated that staff would like directionfrom Councilasto whetherCouncilconsiders rocks with perforated plastic underneath hardcover. Bernhardson asked Council if they consider decking within the 0-75 ' setback as hardcover. Bernhardson asked if Council wishes to delegate authority to staff to allow staff to make tradeoffs of hardcover of equal value even when the property is already over the allowed 25�. Bernhardson also asked if the previous owner installed the hardcover if they would allow the present owner to remove hardcover to tradeoff for : proposed hardcover. Bernhardson asked Council to give direction to the Purdy' s and Spence' s on which route they should take. John Purdy of 1975 Fagerness Point Road stated that he needs to know what Councilconsidershardcover. Purdystated that in his letter he raised several points that he feels needs clarification. Purdy stated that there are several things that the Council considers hardcover when the "hardcover" does not really violate the intent of the ordinance (the intent being to protect the lakeshore from runof f ) . Purdy stated that runoff can be directed elsewhere and still meet the intent of the ordinance. Purdy asked Council for an explicit definition of hardcover. 1�! ,' MINUTES OF THE REGULl1R ORONO COUNCZL MEETING HELD JUNE 24 , 1985 . PAGE 10 ORDINANCE Mayor Butler explained that in the past the question of what CLARIFICATION to consider hardcover was clearly defined, but with today' s (CONT. ) innovative methods and proof that certain treatments work and the Council has decided that they will not be considered hardcover. Butler used the example of a variance application to aliow a deck 16" above the ground with a sand base. Butler noted that the Council did not consider this hardcover because the deck was placed on the ground and a permeable material underneath the deck. Butler noted that � on the other hand a deck constructed 4 ' above the ground is considered hardcover because of the potential for a future ownerto place plastic underneath the decking. Butler noted that it becomes a policing problem for staff . Assistant Zoning Administrator Gaffron reviewed the Purdy' s request to add a deck and addition to the home. Gaffron noted the existing hardcover is at 33� and the Purdy' s propose an equal tradeoff in existing hardcover for the proposed deck and addition. Councilmember Frahm stated that he is not sure that staff would want to place themselves in a position to be able to make tradeoffs in hardcover when the property is over the allowed. Frahm felt that an equal tradeoff is fine for staff to make the decision as long as the property is under the allowed hardcover, but anything over the allowed hardcover in any zone should come back to the Council regardless if the applicant proposes equal tradeoffs. Frahm noted that the key to bringing these applications to Council is the documentation which gives the City the opportunity to file a resolution in the chain of title placing a future owner on notice. City Administrator Bernhardson noted that a property that is already over the allowed hardcover and does not have a variance for it is technically in violation and it becomes important to document tradeoffs on any such property. John Purdy suggested that the City clarify the ordinance so that the homeowners will know exactly what is considered hardcover and in order to be able to apply it to his property. Purdy noted that his property has the least amount of hardcover and least damaging compared with his surrounding neighbors. Councilmember Grabek noted that the City has recently begun . different approaches to hardcover. Grabek felt that which way the hardcover runoff drains is of no concern to him because it eventually runs into the lake. Grabek felt that the way it drains should not be considered. Grabek stated that Council should identify what is hardcover and what is dangerous to the lakeshore. Grabek pointed out that the purpose of the hardcover ordinance is to maintain a certain level of hardcover within the City. MINUTES OF THE REGULI�R ORONO COUNCIL MEETING HELD JUNE 24, 1985. PAGE 11 ORDINANCE CLARIFICATION (CONT. ) Art Finkelstein of 1740 Shadywood Road stated that in his , case he wants to take out a strip of grass 5 ' x 20 ' . Finkelstein asked the Council why they will not let their professional staff interpret what hardcover is and what is not and allow them to make equal tradeoffs . Finkelstein noted that staff is technically able to interpret the ordinances of the City except under circumstances that are clearly confusing in which Council must decide. Mayor Butler noted that when the allowed hardcover is reached and an excess of hardcover is requested then it is beyond staff ' s purview. Art Finkelstein noted that staff should be able to make equal tradeoffs regardless of whether the property is over the allowed hardcover. Finkelstein noted that the ordinance is vague and should be clarified. Councilmember L. Adams noted that he finds the hardcover � ordinance one of the only clear cut ordinances in the book. Adams noted that what is considerd hardcover has been changing as a result of the new technology recently introduced to the City. Adams noted that the ordinance intent is to reduce runof f into the lake. Adams noted what is not explained in the hardcover ordinance is the intent to increase absorptioninto the ground water. Adamsnoted that the Planning Commission needs guidance on exactly what Council considers as hardcover. Adams felt that pools are hardcover because they eliminate absorption in the area of ground where the pool covers . Adams felt that staff should have more authority but that Councilmust decide perimeters. Couneilmember Grabek asked how the City originally came up with the 25� hardcover allowed number. Building & Zoning Administrator Mabusthstated that when the hardcover ordinance was drafted it was designed to help drainage. N,abusth noted that extensive studies were done at the Freshwater Biological Institute (FWBI ) and that Council' s decision was based on those studies. Mabusth stated that Council would ask on all hardcover variance requests if the proposal would lielp the drainage on the property and that the allowed percentages were to be used as a guage. Mabusth noted that the Purdy request is a classic example of the intent of the ordinance in consideration of the existing drainage pattern. Mabusth stated that staff felt comfortable making equal tradeoffs on a staff level without bringing them to Council, but noted that the documentation of a variance review (filing the resol_ution in the chain of title ) is also a factor for consideration. Mayor Butler suggested staff act on a staff level and then draft a resolution in those cases and place them on a Consent Agenda for Council approval. MINUTES OF TE3E REGUI.AR ORONO COUNCIL MEETING HELD JUNE 24 , 1985 _ PAGE 12 ORDINANCE INTERPRETATION (CONT. ) City Attorney Radio noted that a public hearing would still have to be held. Radio felt that staff should identify those type of cases that staff feels would be appropriate within staff ' s skill level and bring back to Council for their review. Radio noted that a code change would probably be necessary. Councilmember Frahm suggested calling it something else � rather than a variance but still get a resolution filed in the chain of title. City Attorney Radio suggested calling this type of action a cocie interpretation or staff interpretation. John Purdy asked Council what he should do. Council advised Purdy that he should apply for a variance or wait for Council' s decision regarding the discussion held tonight and for Council' s performance standards set up for staff ' s interpretation. Councilmember L. Adams stated that the resolution could be called "Council affirmation of staff ' s decision" and be piaced on Council agenda. Adams felt that staff should have additional authority. Adams explained that the Planning Commission is confused about the changes in hardcover made by the Council and the Planning Commission needs and desires clarif ication of the hardcover. Adams noted two items that they were confused on which was landscaping with rock with plastic underneath with holes poked in it which Planning Commission tends to interpret as non-hardcover. Adams noted they also were confused with decking less than 18" from the ground with sand base (considered non-hardcover) , within the 0-75 ' mark in which the Planning Commission interpreted as hardcover in which the Council has interepreted as non-hardcover. Adams stated which way the water breaks does nct make a difference to him in calculating the hardcover. Adams also asked about swimming pools if they are considered hardcover. Adams noted that the FWBI should respond to the fertilizer and whether it is damaging to the lake. Councilmember Grabek asked staff to check with the FWBI to get answers on the affect of various hardcover techniaues to the lakeshore. Grabekfelt the FWBI should address plastic under decking or decking with a sand base, fertilizer for lawns, ground water supply, and the many other issues discussed tonight. Grabek suggested inviting Dr. Hanson to the Council to give answers to these questions . City Administrator Bernhardson noted the Spence letter and asked Council whether to ask the applicant to come in for a \ ! variance to replace a non-conforming shed on the existing foundation. Bernhardson noted that Spence ' s argument was MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 24, 1985 . PAGE 13 ORDINANCE CLARIFICATION (CONT. ) that he paid $89 for the shed and seems unreasonable to ask him to apply for a variance for $150 . Bernhardson asked the Council if they wish to consider the fee on a size of structure basis. Bernhardson stated that staff recommends conti- nuance with present fee based on staff time and the expense involved. City Administrator Bernhardson stated that the LMCD has an amendment that changes the code regarding the renting of boatsand dock spaces. Bernhardson• stated that the staff ' s position on residentialpropertiesrenting out dock space is that it is a commercial use in a re_sidential zone and is an illegal use. Councilmember Frahmfelt that allboats should be registered to the owner of the home and that the City should change the ordinance to reflect such. Councilmember Grabek noted that Jo Ellen Hurr should be notified regarding this proposed change and hopefully vote the way the City is going to change their docking regulations. City Administrator Bernhardson asked Council if they have a problem with a mobile home trailer parked on a property or a old home while a home is being built. Council noted they have no problemwith the temporary trailer parking while a new home is being built as long as the trailer or second dwelling is removed before a certificate of occupancy is issued. City Administrator Bernhardson raised the issue of tree removal within a lakeshore yard dead or live guideline. Bernhardson asked if Council wants to see all applications that have tree removal. Bernhardson asked if Councilwould prefer to see only those applications involving alive trees and the dead trees can staff can handle. Councilmember L. Adams moved, Mayor Butler seconded, to direct staff to prepare a modification of the tree removal ordinance to ref lect staf f ' s recommendation in Alternate A and for staff to determine appropriate fees. Motion, Ayes (5 ) , Nays (0 ) . City Administrator Bernhardson asked if Council has a problem with canvasstructures being constructed over a dock requires a separate setback. Mayor Butler noted that the dock must meet a setback and a separate setback is not needed because the canvas structure is usually plaeed over the dock. City Administrator Bernhardson asked Council to address the issue of lakeshore fertilization. � B�rnhardson noted that staff will get a response from Dr . Hanson from the FWBI . MINUTES OF THE REGUI.AR ORONO COUNCIL MEETING HELD JUNE 24 , 1985. PAGE 14 Counci lmember Frahm noted that Dr. Hanson of the FWBI gave a lecture on fertilization once and the outcome of such lecture noted that the phosphorus used in the fertilization chemicals is detrimental to the lakeshore. Councilmember L. Adams noted that the City could do what another metropolitan city does which is to ban fertilization during certain time periods. , CITY ENGINEER'S REPORT ALTERATION OF WETLANDS PERFORMANCE STANDARDS City Engineer Cook asked Council if they are interested in the alteration of wetlands. Councilmember Frahm stated no. Councilmember L. Adams stated that he is interested in the alteration of wetlands or watersheds if it is a benef it to the watershed. City Engineer Cook noted the important function of the wetland is to absorp phosphorus before entering into the watershed. Cook stated that the timing of the year is also importa.nt in the altering of a wetlands. Cook also noted the stagnate water and algae control is also important to consider. Cook noted that the City needs to set up monitoring procedures and set up strong penalities for the alteration of a wetlands without a permit. Cook noted that water quality and construction proceduresshould also be set up. Councilmember Frahm felt that it is dangerous to alter wetlands and that the only reason to alter a wetlands should be for water quality. Mayor Butler noted that the FWBI should be contacted regarding the alteration of wetlands . Councilmember L. Adams noted that a lot of the wetlands have already been altered by farmers many years ago and have drainage ditches from them. Adams felt the alteration of wetlands isn 't all bad. ADVERTISE FOR BIDS City Engineer Cook asked Councilfor permission to advertise for bids on the 1985 seal coating project on July 19 , 1985 . Councilmember T. Adams moved, Mayor Butler seconded, to direct staff to advertise for bids to be held July 19 , 1985 , on the 1985 seal coating project. Motion, Ayes (5 ) , Nays (0 ) . MAYOR`S REPORT The I�ayor had nothing to report . ' 1 , � ` MINUTES OF THE REGUI�IR ORONO COUNCIL MEETING HELD JUNE 24 , 1985_ PAGE 15 CABLE TV REPORT There was no cable tv report. TRANSPORTATION REPORT There was no transportation report. MARINA COMMITTEE STATUS REPORT City Administrator Bernhardson noted the status report included in the packets for Council. WEST HENNEPIN HUMAN SERVZCES BOARD APPOINTMENT TWO REPRESENTATIVES � ALTERNATE � City AdministratorBernhardson noted thelettersfrom LaDean rfcWilliams, Sue Morrison, and Marc McCabe requesting appointment to the West Hennepin Human Services Board. Mayor Butler moved, Councilmember T. Adams seconded, to appoint Sue Morrison and LaDean McWilliams to the West Hennepin Human Services Board and appoint Marc McCabe as the alternate to the board. Motion, Ayes (5 ) , Nays (0 ) . CASCO POINT TRAFFIC STiJDY City Administrator Bernhardson updated the Council on staff ' s study of the intersection at Casco Point Road and Dunwoody. Bernhardson stated that staff recommends redesigning the intersection in an effort to make the high speed turning movement difficult. Councilmember L. Adams suggested landscaping instead of the blacktop curb. Council asked staff to bring back a cost estimate for the propos,ed redesigning of the intersection. CRIME PREVENTION FUND City Administrator Bernhardson noted that this was mainly a status report. Bernhardson asked Council if they have any names for the committee. Bernhardson noted that Spring Park and Long Lake both are interested in participating. METRO COUNCIL POPULATION ESTIMATES* Councilmember L. Adamsmoved, Councilmember Frahm seconded, to accept the Metro Council' s population estimatesfor 1970- 2000. Motion, Ayes (4 ) , Nays (0 ) . 1984 FINANCIAL STATEMENTS City Administrator Bernhardson asked if Council has any questions or comments regarding the financial statements before the Auditor ' s are brought in on July 8th. Council had no questions at this time. � I MINUTES OF THE REGUL�R ORONO COUNCIL MEETING HELD JUNE 24, 1985. PAGE 16 RESIGNATION COUNCIr•MF.MRER LYNN ADAMS RESOLUTION #1784 City Administrator Bernhardson noted that Councilmember Lynn Adams has submitted his resignation effective June 30 , 1985 . ` Bernhardson presented a resolution of appreciation to Lynn Adams. . Mayor Butler moved, Councilmember Frahm seconded , to adopt Resolution #1784 , A Resolution of Appreciation to Councilmember Lynn Adams. Motion, Ayes (5 ) , Nays ( 0 ) . REPLACEMENT FOR � COUNCILMEMBER LYNN ADAMS Mayor Butler noted that she has contacted former Councilmember Hammerel and asked if he were offered the position if he would take the position as Councilmember. Butler stated that Hammerel has stated that he would take the position if offered. Councilmember Grabek noted for the record that it was inappropriate for the Mayor to offer the position to Hammerel. Grabek asked if the Planning Commission members were contacted like members Callahan, Kelley, or Sime. Grabekfelt it was inappropriatefor a leaving Councilmember to recommend his own replacement. Grabek felt there was misrepresentation on the part of the Mayor on the phone and inappropriate action. Mayor Butler and Councilmember Frahm noted that they would prefer Hammerel over the other three. Councilmember Grabek moved to extend the vacancy of Councilmember to Planning Commission members Callahan, Kelley and Sime. Motion died for a lack of second. Mayor Butler moved, Councilmember Frahm seconded, to ask John Hammerel to accept the vacancy of Lynn Adams as Councilmember with the understanding that it is filling out a portion of Lynn Adams seat and would have to stand election in 1986 . Motion, Ayes (3 ) , Nays (1 ) , Abstention (1 ) . Councilmember Grabek voted nay for the above reasons . Councilmember L. Adams abstained. TEMPORARY EMPLOYEES POLICE DEPARTMENT* Councilmember L. Adamsmoved, Councilmember Frahm seconded, to grant permission to the police department to use two temporary employees, Peter Palmer and Sandy Woytke at $5 . 74 an hour, who are temporary replacements for Sue Bobzien. Motion, Ayes ( 4 } , Nays (0 ) . � \ � , MINUTES OF THE REGULl1R ORONO COUNCIL MEETING HELD JUNE 24, 1985_ PAGE 17 TEMPORARY EMPLOYEES ' PAY REVIEW* . ELIZABETH GALLO* STEPHANIE SLIGO* Councilmember L. Adams moved�, Councilmember Frahm seconded, to adjust Elizabeth Gallo' s hourly rate from $3 . 85 to $4 . 00 per hour effective June 17 , 1985 . Motion, Ayes (4 ) , Nays (0 ) . Councilmember L. Adamsmoved, Councilmember Frahm seconded, to adjust Stephanie Sligo' s hourly rate from $4 . 15 per hour ' to $4. 30 per hour effective June 17 , 1985. Motion, Ayes (4 ) , Nays (0 ) . � MEDICAL LEAVE OF ABSENCE WALTER BENSON RESOLUTION #1785* Councilmember L. Adams moved, Councilmember Frahm seconded, to adopt Resolution #1785 , A Retroactive Resolution Granting A Medical Leave of Absence. Motion, Ayes ( 4 ) , Nays ( 0 ) . TRAPPING PERMIT RESPONSE* Councilmember L. Adams moved, Councilmember Frahm seconded, to accept the trapping permit response. Motion, Ayes ( 4 ) , Nays (0 ) . OLD BEACH ROAD TRAFFIC Councilmember Frahm asked why the City cannot post the road "no trucks" as requested. City Administrator Bernhardson stated that there is no evidence of damage to the road from trucks . Bernhardson noted that the City could post one end of the road and Minnetonka Beach would have to post the other end and it is an unenforceable posting in that the City would have to allow service utility maintenance and construction vehiclesto the residents of Old Beach Road. Councilmember L. Adamsmoved, Councilmember Frahm seconded, to approve the report regarding the traffic on Old Beach Road as submitted. Notion, Ayes (5 ) , Nays (0 ) . BIG ISLAND VETERANS CAMP* Councilmember L. Adamsmoved, Councilmember Frahm seconded, to accept staff ' s update on the Big Island Veterans Camp. Motion, Ayes ( 4 ) , Nays ( 0 ) . EASEMENTS TO DATE* Councilmember L. Adams moved, Councilmember Frahm seconded, to accept the easements to date. Motion, Ayes ( 4 ) , Nays (0 ) . SPRING HILL CONTRIBUTION* Councilmember L. Adams moved, Councilmember Frahm seconded, to accept Spring Hill ' s Contribution of $4 , 000 for police and fire expenses. Motion, Ayes (4 ) , .Nays (0 ) . � , \ ; MINUTES OF THE REGUI.AR ORONO COUNCIL MEETING HELD JUNE 24, 1985. PAGE 18 RESIGNATION ' PAM SUTTON* Councilmember L. Adams moved, Councilmember Frahm seconded, to accept City Recorder Pam Sutton' s resignation. Motion, Ayes (4 ) , Nays (0 ) . LIVINGSTON AVENUE DRAINAGE PROBLEM* Councilmember L. Adams moved, Councilmember Frahm seconded, to accept staff ' s updated memo regarding the Livingston Avenue Drainage Problem. Motion, Ayes (4 ) , Nays ( 0 ) . CITY ADMINISTRATOR'S INFORMATION* Councilmember L. Adams moved, Councilmember Frahm seconded, to accept City Administrator Bernhardson ' s information memo. Motion, Ayes ( 4 ) , Nays (0 ) . CITY ATTORNEY'S REPORT DITTRICH PROPERTY City Attorney Radio asked Public Works Coordinator Gerhardson to update the Council regarding the Dittrich property. Public Works Coordinator Gerhardson explained that when the City built the Navarre parking lot the City purchased an amount of land from Dittrich and leased a portion of land from Dittrich. Gerhardson noted that the land that was leased was paved and is used as parking lot and private parking for Dittrich. Gerhardson noted the portion of land that was leased was due for renewal of that lease in 1974 but for unknownreasonswasnot renewed. Gerhardson explained that Dittrich is in the process of torrensing his property and has suggested that the City deed back the property to Dittrich and after torrensing he would deed back the property to the City as well as the leased portion less the amount of land Dittrich needed for his personal use. Gerhardson pointed out the advantage of this procedure in that the City would have torrens property. The Council determined that it was not interested in receiving torrens property, therefore, no action was taken ' except directing staff to notify Dittrich to proceed with � torrensing of his property only. PAUL SMITH SEWER MATTER Mrs. Powers was present. City Attorney Radio submitted a memo to Councilsummarizing the status of obtaining easement � for Paul Smith sewer connection. Radio stated that it is his understanding that Paul Smith has offered to install and pay for the cost of connecting his house to the sewer and contributing $1, 000 towards the cost of retaining the easement. Radio stated that the contract with Widmer . contains restoration for seeding or sodding. Radio noted that the Powers prefer the easement over the older property (OPTION A) . Radio noted that the Powerswould accept $2 , 000 in exchange for the acquisition of the easement. Radio recommended that the City negotiate an acquisition of the easement in lieu of condemnation in light of the expense and , MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 24, 1985_ PAGE 19 PAUL SMITH SEWER delay that would otherwise result. Radio noted that OPTION (CONT. ) A proposes the easement adjacent to the existing driveway while OPTION C proposes the easement in the existing driveway. Mrs. Powers noted that there is a misunderstanding in regard to the easement in that they understood that the $2 , 000 amount was for the driveway easement. Powers felt that the City of Orono should pay zero and that Smith should have to pay 100� for the sewer project. Powers noted that they feel they have lost $50 ,000-100, 000 over the past three years because they cannot sell their home because they cannot guarantee a new owner that the yard will not be torn up. City Attorney Radio asked if the Powers would be interested in Option C. Mrs. Powers stated no. Councilmember L. Adams felt that it would be inappropriate to start condemnation proceedings immediately and suggested that Smith be required to set up an escrow fund. Councilmember Frahm moved, Mayor Butler seconded, to direct staff to coordinate the following: l. Paul Smith to set $l, 000 in escrow within 7 business days or the City will begin condemnation. 2. Start condemnation proceedings to get easement limiting the legal fees at $500 . 3. Draw up an easement contract between the City of Orono, Smith, and Powers and signed within the next 15 days. 4. City to obtain a copy of the contract between Smith and Widmer for the construction of the sewer and water and Smith to pay SAC charge. 5. The City of Orono will indeed pay $1 , 000 for the easement, Smith to pay $l, 000 for the easement, plus all the construction costs if done within 45 days . 6 . At the end of 45 days if this project is not completed that the City terminate the conversation about the easement acquisition and City will start condemnation. Motion, Ayes (5 ) , Nays (0 ) . 1950 SHORELINE DRIVE RESOLUTION #1786 City Attorney Radio submitted a resolution authorizing the taking of land by eminent domain for utility easement purposes for the Crystal Bay Sewer Project at 1950 Shoreline Drive. � ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 24, 1985. PAGE 20 Mayor Butler moved, Councilmember L. Adams seconded, to adopt Resolution #1786 , A Resolution authorizing taking of land by eminent domain for utility easement purposes for the Crystal Bay sewer project. riotion, Ayes (5 ) , Nays ( 0 ) . CRYSTAL BAY SEWER PROJECT City Attorney Radio noted that the contract documents provide for contractor ' s risk insurance and that the contractor has not provided this in the specifications. Radio informed staff that the bidder should provide this information since the contract calls for such insurances. LICENSES* Councilmember L. Adamsmoved, Councilmember Frahm seconded, to approve the following licenses : King Super Value - Cigarette License Roger Frommelt - Fireworks Permit Clover Hill Company - Septic System Installer ' s License Q Superette - Off Sale Beer License Lakeview Golf Course - On Sale Beer License Mexican Inn - On Sale Beer License Wayzata Country Club - Club Liquor License Ron Potas - Fireworks Permit Navarre Congregation of Jehovah Witnesses - Temp. Trailer Parking License Spring Hill Conference Center - Set up License Motion, Ayes (4 ) , Nays (0 ) . BILLS* Councilmember L. Adamsmoved, Councilmember Frahm seconded, that the All Funds Accounts and Liquor Store Accounts be paid. Motion, Ayes (4 ) , Nays ( 0 ) . ADJOURNMENT 11:35 PM Mayor Butler moved, Councilmember Frahmseconded, to adjourn the regular Council meeting at 11 : 35 p.m. and enter into executive session. Motion, Ayes (5 ) , Nays ( 0 ) . ATTFST: � � � ' . ��� �j�,�'�� � � .., _� : �, othy M Hallin City Clerk Mary C. But ��, Mayor `�