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HomeMy WebLinkAbout08-26-1985 Council Minutes . � � MINUTES OF THE REGULAR ORONO COiINCIL MEETING AELD AUGUST 26, 1985. PAGE 1 ATTENDANCE 7 :04 PM The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Adams and Frahm. Absent: Councilmembers Grabek and Hammerel. The following represented the City Staff : City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, and City Recorder Peterson. City Attorney Blatz and City Engineer Cook were also present. CONSENT AGENDA* It was moved by Mayor Butler, seconded by Councilmember Adams, to approve the Consent Agenda subject to removing Items #2 Approval of Minutes , #6 Asplund/Monge Variance, and #7 Shaver/Tearse Riparian Issue, per councilmember request. Motion, Ayes ( 3 ) , Nays (0 ) . #956 MRS. PHILIP W. PILLSBURY 1200 BRACRETTS POINT ROAD VARIANCE RESOLUTION #1835 PUBLIC HEARING 7:15 -7:17 Representing Mrs. Pillsbury, her attorney Steve Pflaum was present. Zoning Administrator Mabusth noted the certificate of mailing and affidavit of publication. City Administrator Bernhardson reviewed the application stating that the old house has been torn down, the proposed new house improves the setback, there is no excessive hardcover, and on-site septic system is adequate. Bernhardson statE�� that lot area and lot width variances are needed to conf orr.�. Zoning Administr:3tor Mabusth stated that there are no problems and it i� an improved condition on the property with no lakeshore setb::ick and hardcover problems. Mabusth stated that the Planning Commission recommended unanimously to approve the var�ance application. There were no comments from the public and the public hearing was closed. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #1835 as drafted approving the variance. Motion, Ayes ( 3 ) , Nays (0 ) . �957 F.W. CURTIS 2180 PROSPECT AVENUE CONDITIONAL USE PERMIT RESOLUTION #1836 PUBLIC HEARING 7:30 - 7:34 Fred W, and Margaret Curtis were present for this matter. Zoning Administrator Mabusth noted the certificate of mailing and affidavit of publication. - MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 26, 1985. PAGE 2 �957 CURTIS continued City Administrator Bernhardson explained the City' s request (as the applicant in this matter ) to correct an existing drainage problem at 2180 Prospect Avenue which will also improve the drainage flow between the Curtis and Jentilucci properties . Bernhardson stated that the Jentilucci ' s are in agreement with the proposal. City Engineer Cook explained his proposed plans for correcting this problem. LaDean McWilliams, 1130 Willow Dr. , was present for this matter but made no comments . There were no comments from the public and the public hearing was closed. Councilmember Frahm requested that staff obtain a written statement from the Jentilucci ' s indicating their concurrance. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #1836approving the Conditional Use Permit. Motion, Ayes (3 ) , Nays (0 ) . APPROVAL OF MINUTES It was moved by Councilmember Frahm, seconded by Councilmember Adams , to approve the Minutes of the August 12, 1985 Council meeting amending the motion on page 4-last paraqragh to read "It was moved by Councilmember Adams, seconded by Mayor Butler, " . Motion, Ayes ( 3 ) , Nays (0 ) . PARR COMMISSION COMMENTS There were no comments from the Park Commission. LARE MINNETONRA CONSERVATION DISTRICT REPORT - DOCRING RESTRICTIONS LMCD Representative JoEllen Hurr was present. Hurr passed out to the Council literature on boat launches and a map of the lake. Hurr reported that the LMCD held a public hearing on August 14th regarding the number of boats that could be stored at private docks. Hurr stated that many people felt that government should not interfere with the number of boats stored in front of their homes, however, many people were in support of legislative action to control the number of boats. Hurr stated that one option being considered was no restriction on two boats, and any more than two boats must prove ownership. Hurr presented and explained a printout from Hennipin County Municipal Court of all the tickets issued in 1984 . Hurr stated that they will be lobbying the legislature for a stricter Boating While Intoxicated (BWI ) law however, the LMCD may adopt their own ordinance for stricter BWI enforcement if that statewide law is not adopted next legislative session. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 26, 1985. PAGE 3 PUBLIC COMMENTS Mr. David Fox, 1645 Bohns Point Road, stated that he would like to see the City of Orono take action to regulate construction activity of homes on these points: 1 )hours of construction should be Monday - Friday 8 am - 5 pm, Saturday 9 am - 4 pm, and no construction on Sunday. 2 )requiring on-site sanitary facilities. Mr. Fox also indicated his interest in item #19* Parade of Homes. He stated that he hoped the City of Orono would develop a plan to deal with future Parade of Homes. Mayor Butler told Mr. Fox that item #19* was already approved on the consent agenda accepting staff ' s memo and supplied Mr. Fox with a copy of that memo advising him if he had any questions to contact City Administrator Bernhardson. ZONING ADMINISTRATOR'S REPORT: �852 STANLEY GREGORY 1410 SHORELINE DRIVE CONDITIONAL USE PERMIT Mrs. Stanley Gregory and W.P. Gregory were present f or thi s matter. Also present was Greg Kopischke, applicant ' s Engineer/Planner. City Administrator Bernhardson explained the application for a conditional use permit for alteration of land to create a decorative pond. Bernhardson stated that staff ' s recommendation is that this be approved as having minimal negative effect and possibly a beneficial effect. Zoning Administrator Mabusth stated that "experts" concur that the proposed decorative pond will have little negative impact on water quality or quantity, and that this plan would be an improvement. ( "Experts" being Jim Mahady of MCWD, Joel Settles of U.S. Soils Office, and Dr. Richard Hanson of FWBI ) Mabusth stated that the only problem the applicant might have is maintaining the water level. Greg Kopischke stated that because they areincreasing storm water storage by creation of the pond, it will allow settlement of sediments, whichshouldimprove water quality. Kopischke stated that the channel area would be a minor depression, no more than 12-18" deep, just enough to allow water to move out. It was moved by Mayor Butler, seconded by Councilmember Adams, to direct staff to draft a resolution approving the Conditional Use permit for the installation of a decorative pond. Motion, Ayes (3 ) , Nays (0 ) . ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 26, 1985. PAGE 4 #927 STANLEY GREGORY 1410 SHORELINE DRIVE VARIANCE Mrs. Stanley Gregory and W.P. Gregory were present for this matter. Also present representing the applicant were Greg Kopischke, Engineer/Planner and Jack Robertson, Architect. City Administrator Bernhardson explained applicant' s request to install a swimming pool requiring a structure and hardcover variance within75 ' of thelakeshore, additionally the pool would be constructed 5 ' 4" from the principal structure whereas a minumum of 10 ' is normally required. Zoning Administrator Mabusth explained the problem areasof hardcover. Jack Robertson submitted an adjusted proposed plan which changes the placement of the pool to 10 ' 8 " f rom the principal structure eliminating the need for that variance. Robertson stated that although the pool would be within the 75 ' setback area, it would not be visible. Robertson stated the new plan reduces the size of the pool which keeps it outside the mandated DNR 50 ' setback and has no hard surface around it with no run-off problem into the lake. Based on the findings that the applicant just submitted this revised plan and staff has not had the opportunity to review it, and the absence of two councilmembers, it was moved by Councilmember Adams, seconded by Councilmember Frahm, to table this matter until the September 9 , 1985 Council meeting. Motion, Ayes ( 3 ) , Nays (0 ) . �876 ASPLUND/MONGE 3444 EASTLARE STREET VARIANCE RESOLUTION #1837 Dean & Nancy Monge were present for this matter. It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #1837 granting the varianr:e. Motion, Ayes ( 2 ) , Nays (1 ) . Councilmember Frahm voted nay. #930 SHAVER/TEARSE 1080 FERNDALE ROAD WEST RIPARIAN ISSUE CONTINUED Ken Trujille and Walter H. Rockenstein, of Faegre & Benson, were present for this matter. Councilmember Adams requested staff to update him on the reason for delay. City Administrator Bernhardson explained that the applicants ' were delinquent in submitting the appropriate opinions to City Attorney Radio, at which time Attorney Radio was scheduled for a trial and has been unable to attend to this matter. ` MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 26, 1985. PAGE 5 #930 SHAVER/TEARSE continued It was moved by Councilmember Adams , seconded by Mayor Butler, to table this matter until the September 9th Council meeting. Motion, Ayes ( 3 ) , Nays (0 ) . #932 WARD EDWARDS* 2474 CARMAN STREET VARIANC$ RESOLUTION #1838 It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #1838 as drafted granting a variance. Motion, Ayes (3 ) , Nays (0 ) . #942 ARTHiJR FINKELSTEIN* 1740 SAADYWOOD ROAD VARIANCE RESOLUTION #1813 It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #1813 as drafted granting a variance. Motion, Ayes ( 3 ) , Nays (0 ) . �944 JAMES LEAR* 3127 CASCO CIRCLE VARIANCE DENIAL RESOLUTION #1839 It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #1839 as drafted denying an after- the-fact variance. Motion, Ayes ( 3 ) , Nays (0 ) . �949 GERAI�D ANDERSON/HAGE CONSTRUCTION 4495 NORTH SHORE DRIVE VARIANCL RESOLUTION #1840 Mr. Gerald Anderson was not present for this matter. City Administrator Bernhardson explained the application for a variance of the average lakeshare setback. Bernhardson stated that staff recommends approval of the variance noting Condition #2 in the new drafted resolution which states that the deck can never be enclosed. Zoning Administrator Mabusth stated that the Planning Commission unanimously recommended approval of the variance. Mabusth noted that neither adjacent neighbor attended the public hearing to object to the variance. Councilmember Frahm suggested that in the future neighbors submit written approval. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt amended Resolution #1840 approving the variance. Motion, Ayes ( 3 ) , Nays ( 0 ) . ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 26, 1985. PAGE 6 CITY ENGINEER'S REPORT: CRYSTAL BAY CHANGE ORDER #2* It was moved by Mayor Butler, seconded by Councilmember Adams, to approve Crystal Bay Change Order #2 per staff recommendation. Motion, Ayes ( 3 } , Nays ( 0 ) . MAYOR'S REPORT Mayor Butler had no report at this time. CABLE TV REPORT Councilmember Frahm reported that there is a budget which must be reveiwed and approved within 30 days. City Administrator Bernhardson stated that the budget was received today in the mail and it will be on the agenda for reviewal at the September 9th meeting. TRANSPORTATION REPORT: COUNTY ROAD 15 VARIANCE APPROVAL* It was moved by Mayor Butler, seconded by Councilmember Adams, to approve staff ' s recommendation as requested in the memo dated August 23, 1985 . Motion, Ayes ( 3 ) , Nays (0 ) . CITY ADMINISTRATOR'S REPORT: NORTH SHORE DRIVE City Administrator Bernhardson recalled that at the Mayl3th Councilmeeting the residents on North Shore Drive presented a petition requesting that no parking signs be posted on County Rd. 51, which followed a 1982 petition requesting no parking of boat trailers, at which time the County stated that they would not separately prohibit parking for a certain class of vehicles. Bernhardson reported that because of concerns and discussions with the neighbors in June & July, the Police Dept. has tried to work with the neighbors. Bernhardson stated in addition the DNR and LMCD has attEmpted to secure long term parking near the public access. As outlined in his memo dated August 21, 1985, Bernhardson requested Council to approve staff ' s recommendation. Dan Regan, 3410 North Shore Dr. , was present representing the residents of North Shore Drive. Also present was Kathleen Wallace, Commissioner' s Administrator for the DNR. Mr. Regan expressed his thanks to staff for their time and assistance in this matter. Regan mentioned a concern of his regarding the liability of the homeowner should anyone be hurt on their property even though the property is posted no trespassing. Regan stated that in hisopinion, the only one that would possibly be adversely affected by the posting no parking signs would be other Orono residents . City Administrator Bernhardson stated that by posting no parking east of North Arm it may just push the cars to park further down County Rd. 51 together with adversely affecting the off-lake Orono residents from using the lake. � MZNUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 26, 1985. PAGE 7 NORTH SHORE DRIVE continued Mr. Regan stated that mor� traffic is coming from the marina when they are full. Regan stated he is also against a five year commitment. Kathleen Wallace stated that the taskforce recognizes that there are problems. Wallace stated that there is a need for more secure access across the lake everywhere. Wallace noted that based on a study of parking of 1 per 20 acres, they recommended there be 700 car trailer parking spaces on the lake. Wallace stated that per LMCD there are presently 1172 unreliable parking spaces, and 185 free reliable parking spaces within 1500 feet of a public access. Kathleen Wallace stated that earlier this season they wrote to the Hennepin County Sheriff informing him of the additional funds available for enforcement and to date have not received a response. Wallace also stated that they will be actively pursuing, through the Attorney General ' soffice, that Hennepin County to increase the prosecution of violation on the lake. Wallace stated that they will lose some overflow parking because of the re-alignment of County Rd. 15 & 51 in Spring Park. Councilmember Frahm stated that he has never heard the DNR indicate that they would even recognize parking spaces other than ones directly at access parking lots. Frahm also stated that the cities should not be tacked with the expense of maintaining these proposed free parking spaces. Frahm expressed his concerns for the current safety problems on the lake without the increase of traffic and boaters and felt that these safety issues should be solved before more accesses are provided. Further discussion on this matter will be held when all councilmembers were present. BIG ISLAND* It was moved by Mayor Butler, seconded by Councilmember Adams, to accept City Administrator Bernhardson' s memo regarding Big Island. Motion, Ayes (3 ) , Nays ( 0 ) . SEWER ASSESSMENT POLICY City Administrator Bernhardson noted that the case that brought this matter up was the request to put in a laundromat in one of the buildings in Navarre. Bernhardson stated that there are currently 19 sewer units to be assessed to that property which would cost the laundromat owners $25 , 500 in connection charges only. City Administrator Bernhardson reviewed his report and recommendations regarding the policy for assessing sewer units . � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 26, 1985. PAGE 8 SEWER ASSESSMENT POLICY continued Robert E. Gould, representing the proposed laundromat, was present for this matter. City Administrator Bernhardson explained to Mr. Gould staff ' s recommendation to charge them $335 per unit and $33.50 per year after 1984 as outlined in Recommendation (d) . Mr. Gould indicated approval of this charge. It was moved by Councilmember Frahm, seconded by P�Iayor Butler, to approve staff ' s recommendations as outlined in the report dated August 23 , 1985. Motion, Ayes (3 ) , Nays (0 ) . ORDINANCE CODE ADOPTION* It was moved by Mayor Butler, seconded by Councilmember Adams, to accept staff ' s recommendation regarding Coded Adoption by Ordinance. Motion, Ayes (3 ) , Nays (0 ) . RL�ENUE SHARING REIMBURSEMENT* It was moved by Mayor Butler, seconded by Councilmember Adams, to accept staff ' s recommendation regarding Revenue Sharing Reimbursement for Budgeted Expenditures. Motion, Ayes ( 3 ) , Nays ( 0 ) . PARADE OF HOMES* It was moved by Mayor Butler, seconded by Councilmember Adams , to accept staf f ' s memo regarding the Parade of Homes. Motion, Ayes (3 ) , Nays (0 ) . FWBI - WATER METER REFUND* It was moved by Mayor Butler, seconded by Councilmember Adams , to approve a refund for an unused water meter to the FWBI as recommended by staf f . Motion, Ayes (3 ) , Nays (0 ) . AUCTION* It was moved by Mayor Butler, seconded by Councilmember Adams, to approve the re-scheduling of a public auction to be held August 31 , 1985 at 10 :00 AM per staff request. Motion, Ayes (3 ) , Nays (0 ) . TEMPORARY PATROL OFFICER SERVICES* RESOLUTION #1841 It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #1841 for Temporary Patrol Officer services. Motion, Ayes (3 ) , Nays ( 0 ) . 2695 CASCO POINT ROAD� RESOLUTION #1842 It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #1842 Ordering Abatement of Hazardous Building Action at 2695 Casco Point Road. Motion, Ayes (3 ) , Nays ( 0 ) . �Y ' . . . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 26, 1985. PAGE 9 ADMINISTRATOR'S INFORMATION* It was moved by Mayor IIutler, seconded by Councilmember Adams, to accept City Administrator Bernhardson' s Information report regarding: Temporary Patrol Officer, Highway 12 Corridor, Crystal Bay Appraiser, Rovegno Fence, Gas Spill, Zoning Ordinance Amendments, Moody' s Municipal Credit Report, and the Smith-Power' s Sewer Matter. Motion, Ayes (3 ) , Nays (0 ) . SEAL COATING BIDS City Administrator Bernhardson requested that this item be added to the agenda for action. Bernhardson requested Council approve staff ' s recommendation to reject all seal coating bids received on June 28 , 1985. It was moved by Councilmember Frahm, seconded by Mayor Butler, to reject all seal coating bids received on June 28, 1985 and staff to report back on this matter. Motion, Ayes (3 ) , Nays (0 ) . CITY ATTORNEY'S RF.PORT City A.ttorney Kathleen Blatz updated the Council regarding the Conservation Districts concerns with the North Shore Marina and Chaska Marina. City Administrator Bernhardson stated that staff has met with Frank Mixa and that they will review and make a recommendation for the next Council meeting. LICENSES* It was moved by Mayor Butler, seconded by Councilmember Adams, to approve the following Licenses : Firearm Use Permit - Robert E. Nash On-Sale Liquor License - William Wear Solicitors License - Discount Flowers, Al Penke Septic Installers License - McCarty Water & Waste Septic Installers License - Duane Ritter Excavating Motion, Ayes (3 ) , Nays (0 ) . BILLS* It was moved by Mayor Butler, seconded by Councilmember Adams, to approve payment of the Al1 Funds Accounts and Liquor Store Accounts. Motion, Ayes (3 ) , Nays (0 ) . ADJOURNMENT 9:37 PM It was moved by Mayor Butler, seconded by Councilmember Frahm, to adjourn the regular Council meeting at 9 : 37 PM and enter into Executbve Session. Motion, Ayes ( 3 ) , Nays (0 ) . ATTF�ST: , � , _ - ����.��� o thy M llin, City Clerk Mar�• C. But er, Mayor Tom Frahm, Acting Mayor