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Home My WebLink About07-22-1985 Council Minutes � _ �MINUTES OF THE REGQLAR ORONO COUNCIL MEETING HELD JULY 22, 1985. PAGE 1 ATTENDANCE 7:00 PM The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Grabek, Frahm, Adams, and Hammerel. The following represented the City Staff : City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Radio and City Engineer Cook were also present. CONSENT AGENDA* Mayor Butler removed Item #7 (#932 , Ward Edwards Variance) from the Consent Agenda because applicant has requested it to be tabled until the next meeting. It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve the Consent Agenda as amended. Motion, Ayes (5 ) , Nays (0 ) . APPROVAL OF MINUTES* It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve the regular Council minutes of July 8 , 1985 as submitted. Motion, Ayes (5 ) , Nays ( 0 ) . PARR COMMISSION COMMENTS STQBBS BAY SCHOOL REPORT Barbara Peterson representing the Park Commission was unable to attend as planned. Park Commission member Phil Bradley, 4075 Oak St, was in attendance for this matter. Per their memo dated July 17, 1985, the Park Commission would like to see if the party donating the building would also consider donating a portion of the property surrounding the building to be used as parking and general grounds. Staffandinterested.Councilmemberswere requested to pursue the matter. LAKE MINNETONRA CONSERVATION DISTRICT REPORT City Administrator Bernhardson submitted the LMCD Status Report dated July 17 , 1985 . PLANNING COMMISSION COMMENTS Planning Commission Representative Taylor had no comments at this time. PIIBLIC COMMENTS There were no public comments. ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 22, 1985. PAGE 2 #852 STANLEY GREGORY 1410 SHORLINE DR. CONDITIONAL USE PERMIT/VARIANCE Mr. Greg Kopischke of Westwood Planning & Enqineering Co. was � present to represent Stanley Gregory. City Administrator Bernhardson explained the issues of the applicants ' request to alter wetlands for decorative and wildlife ponds which would require a conditional use permit and a variance. Bernhardson stated the main considerations are establishing a baseline of monitoring concepts, remedial securities for future problems, use of spoils, and the environmental compatibility of skimmers etc. Zoning Administrator Mabusth reviewed the proposed plan with the Council. Mabusth stated that the DNR approves of the wildlife pond but has agreed to grant a permit subject to approval by the City of Orono. Mabusth stated that the Minnehaha Creek Watershed District and Corp of Engineers have also approved this plan. � Zoning Administrator Mabusth stated that the Planning Commission has recommended approval of the wildlife pond as a test case to be monitored for an undertimed period of time. Councilmember Adams indicated his concerns for the type of corrective action to be taken if problems arise. Adams stated that definite monitoring and securities should be required. Councilmember Frahm suggested a moritorium on future ponds until the impact results are determined. Frahm also � suggested that before undergoing this project, a base testing period of approximately one year should be done in order to have something to compare with future monitoring. � Regarding the use of spoils, Zoning Administrator Mabusth � stated that Dr. Hanson, of the FWBI , recommends using it for fertilizer. Greg Kopischke stated that they needed to determine what are reasonable standards for a monitoring plan and possible . remedies. Councilmember Grabekstated that the landowner shauld have a definite plan for testing and securing the project if changes must be made and t�e costs should be incurred by the applicant. Zoning Administrator Mabusth reiterated the need for a base testing period because there are not enough facts regarding the present status of the water quality as it leaves wetland for main lake. � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 22, 1985. PAGE 3 Based on the direction of the discussion, it was moved by Mayor Butler, seconded by Councilmember Frahm, to table this matter for further staff review. Motion, Ayes (5 ) , Nays (0 ) . #876 ASPLIIND/MONGE � 3424-3444 EASTLARE STREET VARIANCES � Randy Asplund, 3424 Eastlake St. , and Nancy & Dean Monge, 3444 Eastlake St. were present for this matter. City Administrator Bernhardson explained the applicant' s variance requests. Regarding 3424 Eastlake St. , Bernhardson stated the Planning Commission recommended that a screened porch be permitted in 75-250 ' zone. Regarding 3444 Eastlake St. , Bernhardson stated the Planning Commission recommended the retention of the patio and walk and removal of the walk from patio to the lakeshore. Bernhardson also stated that both lots are over their hardcover allowances with just the existing houses and driveways .Bernhardson noted that the Planning Commission made no recommendation regarding use of the adjacent out lot for hardcover credit in the 75-250 ' zone. 3424 Eastlake St. - Dealing with this property first, Asst. Zoning Administrator Gaffron explained the issue of major rock beds (plastic lined) that contributed to a major increase of the hardcover. Gaffron stated that the Planning Commission recommended, partially due to the fact that no Certificate of Occupancy has been issued, that these rock beds be removed or the plastic be perforated along with the � removal of the back-up pad. Gaffron stated that applicant requests to keep a portion of the patio that would be within the 0-75 ' zone and in addition allow a screen porch. Gaffron noted that the Planning Commission recommended that any additional screen porch hardcover be traded off with existing hardcover within the 75-250 ' setback. Mr. Asplund stated that the back-up pad contributes to the safety of children in the area. Mrs. Monge stated that she also felt more secure having a back-up pad on their property because of the spring road conditions. Councilmember Adams felt that the patio should be removed, however a suitable alternative for a screen porch should be allowed. Regarding the back-up pad, Adams stated that may be accomplished without being hardcover. Councilmember Grabek stated the anything within the 0-75 ' area should be removed and that the porch and walk be allowed. Additionally, Grabek stated that the back-up pad should be allowed. • Mayor Butler mentioned that in view of the fact that the City created these substandard lots they should have anticipated these types of problems. � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 22, 19 8 5. PAGE 4 - It was moved by Councilmember Grabek, seconded by Mayor Butler, to allow the retention of the back-up area and have a second-story screen porch with a patio underneath as long as it is outside the 75 ' zone. And anything within the 0-75 ' setback must be removed, except the sidewalk, which infringes the 75 ' zone by 18" , be allowed to remain. Motion, Ayes (5 ) , Nays (0 ) . � 3444 Eastlake St. - Mayor Butler repeated her statement as in the previous lot, and that the City must give a little to gain the results intended when these lots were created from commercial to residential property. Asst. Zoning Administrator Gaffron explained the applicants ' wish to install a f loating deck in place of the concrete patio. Gaf f ron stated that the driveway and back-up area is essentially the same as the previous lot. Mr. & Mrs. Dean Monge stated that when they bought the property from Mr. Asplund, they were unaware of these problems. They also stated that the patio and walks are valued at $2500, which is included in their mortgage. Mr. Asplund stated that he was unaware of the problem at the date of closing. However, Asst. Zoning Administrator Gaffron stated that he has documentation contrary to Mr. Asplund' s statment. Mayor Butler suggested approving a minor degree of encroachment within the 75 ' setback to allow a patio. Councilmember Grabek stated that there should be some flexibility because of the shoreline and suggested that a 10 'x23 ' patio be created within the inset of the house. Mrs. Monge stated that by putting a patio up by the house, they would lose the sun until late afternoon. Regarding the f loating deck, City Engineer Cook stated that originally it would not be hardcover, but it would create a monitoring problem to assure that it is not changed in the future creating hardcover. It was moved by Councilmember Frahm, seconded by Mayor Butler, to table the matter until the August 12th Council meeting, for Mr. Asplund to put together a plan for Council approval. Motion, Ayes ( 5 ) , Nays (0 ) . #932 WARD EDWARDS 2474 CARMAN STREET VARIANCE - RESOLUTION This matter was tabled until the next Council meeting per the applicant' s request. � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 22, 1985. PAGE S #934 ROBERT TSCHIDA* 1300 FOX STREET VARIANCE RESOLUTION #1810 � It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve Resolution #1810 granting a variance to Robert Tschida, 1300 Fox Street, to permit the construction of an enclosed entryway located 28 . 7 feet from the property line within the 50 ' setback. Motion, Ayes (5 ) , Nays (0 ) . #937 WHARTON SINRT.FR 2195 FRENCH LARE ROAD VARIANCE RESOLUTION #1811 Mr. Wharton Sinkler was present for this matter. City Administrator Bernhardson explained the applicant' s request for a variance to construct a barn for two goats. Zoning Administrator Mabusth requested the resolution be amended requesting a variance of 88 ' placing the barn 62 ' to the edge of right-of-way within the required 150 ' setback (instead of the 22 ' variance ) . Zoning Administrator Mabusth noted that all the adjacent property owners have been notified and the developer sent a letter of approval. It was moved by Councilmember Adams, seconded by Councilmember Hammerel, to approve Resolution #1811 as amenfled. Motion, Ayes (5 ) , Nays (0 ) . #940 ANN FISHER 774 TONRAWA ROAD VARIANCE RESOLDTION #1812 Ms. Ann Fisher was present for this matter. The applicant requests a variance to permit construction of a deck and screen porch 7 . 5 ' from the side property line within the required 10' setback and encroaching 15 ' into the average lakeshore setback where no encroachmentisnormally allowed. Asst. Zoning Administrator Gaffron noted that hardcover would be increased to 23$. It was moved by Councilmember Hammerel, seconded by Mayor Butler, to approve Resolution #1812 granting the variances. Motion, Ayes (5 ) , Nays (0 ) . #942 ARTHUR FINRELSTEIN 1740 SHADYWOOD ROAD . VARIANCE RESOLDTION #1813 Dorothy & Art Finkelstein were present for this matter. � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 22, 1985. PAGE 6 City Administrator Bernhardson explained applicants ' � request for a hardcover variance to build a garage addition in the 75-250 ' zone. Applicant is willing to trade-off existing hardcover (including permeate rock beds ) for the addition. In addition, Bernhardson stated that there is an existing boathouse within the 75 ' setback that should be included in the variance. Asst. Zoning Administrator Gaffron stated he just received a . survey verifying hardcover percentages, which are 25. 6$ in the 0-75 ' and 25.6� in the 75-250 ' zone. Mr. Finkelstein stated that he does not know exactly how much square footage is needed for the back-up area until he experiments with the area, including winter months . Mr. Finkelstein does not want to relinquish any more hardcover than necessary as a trade for the back-up area. Mr. Fink�elstein feels that the resolution should read that for every square foot of hardcover place equal footage of hardcover will be removed elsewhere. In addition, Mr. Finkelstein understood that no morefuture hardcover will be allowed. Councilmember Grabek stated that the amount of allowances should be made for specific reasons such as, in this case, the safety of having a back-up area. Mayor Butler stated the resolution should be amended to specify 300 square footage for back-up area. It was also decided upon that the resolution be amended to state that the removal of existing hardcover should occur within the 0-75 ' zone. . It -was moved by Councilmember Grabek, seconded by Councilmember Adams, to approve Resolution #1813as amended. � Motion, Ayes (5 ) , Nays (0 ) . #943 SUSAN PURDY 1945 F�GERNESS POINT ROAD VARIANCE RESOLDTION #1814 Susan and John Purdy were present for this matter. City Administrator Bernhardson explained the applicant' s request for a variance to permit the construction of an addition and a deck with hot tub. Additionally, applicants have submitted a five year plan that includes another addition to the house and an addition to the garage (garage presently encroaches upon right-of-way) . Bernhardson stated that the applicant proposes, over the next five years, a decrease of hardcover in the 0-75 ' from 24 . 3� to 13. 9$, and an increase in the 75-250 ' from 16.9� to 29 . 0�. , MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 22, 1985_ PAGE � Asst. Zoning Administrator Gaffron reviewed the areas of � hardcover that could be removed as a trade-off for the proposed 5-year plan of additions. Gaf f ron noted that the 29.0� hardco�er number was based on a variance granted to a neighbor. Asst. Zoning Administrator Gaffron explained the applicants ' present plan to add a 10 ' x 24 ' addition to and _ winterization of screen porch and also a deck with hot tub. Gaf'fron explained the applicants ' proposed 5-year plan to add a 16 ' x 42 ' addition to south side of house and extend garage approximately 12 ' . Asst. Zoning Administrator Gaffron noted the fact that the drainage break to the west of the property is only 30 ' from lakeshore. Council made it clear to the applicants that if they were to approve a variance for the proposed 5-year plan, that the variance would expire in one year and anything not done within that year would require another request for variance through proper channels. The applicants indicated that they understand this point. Asst. Zoning Administrator Gaffron stated that the Planning Commission has recommended approval of the plan. subject to the 8 conditions as listed in his report. Mrs. Purdy stated that because of the undefined state of hardcover, they would like to postpone actually removing any hardcover untiltheissue is cleared. Mr. Purdy stated that when the legal definition of hardcover is made, they will conform to that definition with removal of the hardcover. It was moved by Mayor Butler, seconded by Councilmember Hammerel, to amend the resolution to state that the existing hardcover be staged for removal as a square foot for square foot trade-off and adopt Resolution #1814 as amended. Motion, Ayes ( 3 ) , Nays (2 ) . CouncilmembersFrahm and Grabek voted nay. CITY ENGINEER'S REPORT CRYSTAL BAY SEWER PROJECT 85-1 CHANGE ORDER #1 It was moved by Mayor Butler, seconded by Councilmember Hammerel, to approve the Crystal Bay Sewer Project 85-1 Change Order #1 as recommended by City Administrator Bernhardson in his memo dated July 19 , 1985 . Motion, Ayes . (5 ) , Nays (0 ) . MAYOR'S REPORT Mayor Butler had nothing to report at this time. � , � , MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 22, 1985. PAGE 8 CABLE TV REPORT FRANCHISING MONIES* It was moved by Mayor Butler, seconded by Councilmember Frahm, to accept City Administrator Bernhardson ' smemo dated July17, 1985 regarding Cable TV Franchising Monies. Motion, Ayes (5 ) , Nays (0 ) . MARINA COMMITTEE* It was noted that the next Marina Committee meeting is on July 23, 1985 at 4 :30 PM. It was moved by Mayor Butler, seconded by Councilmember Frahm, to accept the status report on non-conforming lots at Narrows Bridge dated July 18 , 1985. Motion, Ayes (5 ) , Nays (0 ) . . TRANSPORTATION REPORT There was no Transportation Report at this time. CITY ADMINISTRATOR'S REPORT: OLD BEACH ROAD MATTER RESOLIITION #1818 City Administrator Bernhardson acknowledged a letter from Catherine Mankin, 256001d Beach Road, concerning overweight vehicles on Old Beach Road. Catherine and Winslow Mankin were present for this matter. City Administrator Bernhardson stated that police have monitored the situation in the past week and a half . Bernhardson stated that they are in the process of aquiring scales for use. It was moved by Councilmember Grabek, seconded by Mayor � Butler, to adopt Resolution #1818 posting a 9 Ton/Axle weight limit on Old Beach Road. Motion, Ayes (5 ) , Nays (0 ) . City Administrator Bernhardson will check with Minnetonka _ Beach regarding their portion of Old Beach Road . DONATION OF EASEMENT POLICY Per City Administrator Bernhardson' s recommendation, it was moved by Councilmember Grabek, seconded by Councilmember Hammerel, to adopt an acceptance donation policy for easements in an effort to reduce the actual cost for gaining easementstogether with possibly giving variousresidentsan avenue to have a net gain from such an easement. COIJNTY RECYCLING PROGRAM = Per Public Works Coordinator John Gerhardson' s and City Administrator Bernhardson' s recommendation, it was moved by Mayor Butler, seconded by Councilmember Hammerel, to conceptually approve establishing a leaf compost area. Motion, Ayes (5 ) , Nays (0 ) . Staff will report back at the August 12th Council meeting with specifics. MINC7TES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 22, 1985. PAGE 9 BIG ISI.AND VETERAN'S CAMP Per City Administrator Bernhardson' s recommendation, it was moved by Councilmember Grabek, seconded by Councilmember Frahm, to continue this matter until the August 12th council meeting. Motion, (Ayes (5 ) , Nays (0 ) . ADMINISTRATOR'S GOAL SETTING* It was moved by Mayor Butler, seconded by Councilmember , Frahm, to accept City Administrator Bernhardson' s memo regarding goal setting. Motion, Ayes (5 ) , Nays (0 ) . DESIGNATED SIGNATURE FOR P.O.S.T.x REIMBURSEMENT FORMS RESOLUTION #1819 It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution #1819 Designating signaturesfor the Minnesota Board of Peace Officer Standards and Training Disbursement Money. Motion, Ayes (5 ) , Nays (0 ) . ORDINANCE AMENDING -* SPRINKLER FEES It was moved by Mayor Butler, seconded by Councilmember Frahm, to accept City Administrator Bernhardson' s recommended revision to the fee schedule to be incorporated as a ordinance amendment to Ordinance 10 of the Second Series entitled 1985 Fee Schedules. Motion, Ayes (5 ) , Nays (0 ) . NORTH SHORE DRIVE* PARRING STATUS It was moved by Mayor Butler, seconded by Councilmember Frahm, to accept City Administrator Bernhardson' s status � report on the North Shore Drive Parking. Motion, Ayes (5 ) , Nays (0 ) . 1986�BUDGET* It was moved by Mayor Butler, seconded by Councilmember Frahm, to accept the 1986 Budget Work Pla� memo assubmitted. Motion, Ayes (5 ) , Nays (0 ) . CHARLES HENRE* 3536 LYRIC AVENUE STl�TUS REPORT It was moved by Mayor Butler, seconded by Councilmember Frahm, to accept the status report on property located at 3536 Lyric Avenue owned by Charles Henke as submitted. Motion, Ayes (5 ) , Nays (0 ) . EASEMENTS TO DATE* There were no easements to date. PART-TIME CLERICAL* It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve the employment of Amy Klaers as part-time typist and copy machine operator as recommended by staff. � Motion, Ayes (5 ) , Nays (0 ) . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 22, 1985. PAGE 10 SALARY REVIEW-TERI NAAB* It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve a salary increase for Teri Naab as recommended by Staff. Motion, Ayes (5 ) , Nays (0 ) . CODPON BONDS* RESOLUTION #1815-1816 It was mov�d by Mayor Butler, seconded by Councilmember Frahm, to adopt the following Resolutions giving ' authorization to cancel, retain and destroy certain Bonds and Coupons: Resolution #1815 - American National Bank and Trust Co. Resolution #1816 - First National Bank of St. Paul Motion, Ayes (5 ) , Nays (0 ) . OLD CRYSTAL BAY ROAD PARRING* RESOLUTION #1817 It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution #1817 Authorizing a Change in Placement of No Parking Signs on Old Crystal Bay Road between County Road 6 and U.S. Highway 12. Motion, Ayes (5 ) , Nays (0 ) . REFIIND OF SPECIAL* ASSESSMENT OVERPAYMENT It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve a refund to Universal Title Insurance Co. for an overpayment for special assessments on 2497-2499 Kelly Avenue. Motion, Ayes (5 ) , Nays (0 ) . CRYSTAL SAY ROAD* It was moved by Mayor Butler, seconded by Councilmember Frahm, to accept staff ' s status update memo regarding properties located at 3385 and 3393 Crystal Bay Road. Motion, Ayes (5 ) , Nays (0 ) . ADMINISTRATOR'S INFORMATION* It was moved by Mayor Butler, seconded by Councilmember Frahm, to accept City Administrator Bernhardson ' s Information report dated July 17 , 1985 regarding: 130 Cygnet Place, Krutzig Property-Bohn' s Point, Crystal Bay Road, Highway 12 Corridor Study, Cliff Otten, 2695 Casco Point Road, Hennepin VoTech, Metropolitan Transit Commission-Bus Route, and County Road 15 Tour. Motion, Ayes (5 ) , Nays (0 ) . CITY ATTORNEY'S REPORT: SPECIAL ASSESSMENT APPEALS PROCESS Per City Attorney Radio' s request, Council discussed this matter in Executive Session after the Council meeting adjourned. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 22, 1985. PAGE 11 SMITH-POWERS SEWER MATTER City Attorney Radio updated the Council on this matter and requested an additional extention for , condemnation proceedings. It was moved by Mayor Butler, seconded by Councilmember Hammerel, to approve an extension of 10 days. Motion, Ayes (4 ) , Nays (1 ) . Councilmember Frahm voted nay. LICENSES* It was moved by Mayor Butler, seconded by Councilme�ber Frahm, to approve the following License: Annual Firearms Use Permit - Dr. Richard Palmer and Peter � B. Palmer, 345 North Ferndale Road. Motion, Ayes (5 ) , Nays ( 0 ) . BI I�LS* It was moved by Mayor Butler, seconded by Councilmember Frahm, to approve payment of the Al1 Funds Accounts and Liquor Store Accounts. Motion, Ayes (5 ) , Nays (0 ) . ADJOURNMENT 10:13 PM It was moved by Mayor Butler, seconded by Councilmember Adams, to adjourn the regular Council meeting at 10 :13 PM and enter into Executive Session. Motion, Ayes (5 ) , Nays (0 ) . ATT T: . ; � �/� � � othy M allin, ity Clerk Mary C. B � er, Mayor � ,