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Home My WebLink About09-09-1985 Council Minutes . 1 � + MINUTES OF TflE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 9, 1985. PG 1 ATTENDANCE 7:02 PM The Orono Council met on the above date with the following members present: Acting Mayor Frahm, Councilmembers Grabek and Hammerel. Absent: Mayor Butler and Councilmember Adams. The following represented the City staff : City Administrator Bernhardson, Finance Director Kuehn, Building & Zoning Administrator Mabusth, Asst. Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Radio and City Engineer Cook were also present. FEDERAL REVENUE SHARING GRANT PROPOSED USES FOR 1986 PUBLIC HEARING 7:02 - 7:03 PM A Public Hearing was held to consider the proposed uses of Federal Revenue Sharing monies within the 1986 General Fund proposed budget of $2, 244 , 905 . The proposed uses of the Revenue Sharing monies are for Public Safety Personal Services Support within the Police Department. City Recorder Peterson noted the affidavit of publication. Acting Mayor Frahm convened the Public Hearing at 7 :02 PM. There were no comments from the Public and the Public Hearing was closed at 7 : 03 PM. It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the proposed uses of Federal Revenue Sharing monies. Motion, Ayes ( 3 ) , Nays ( 0 ) . CONSENT AGENDA* It was moved by Acting Mayor Frahm, seconded by Counci lmember Grabek, to approve the Consent Agenda subject to removing Item #4-#852 Stanley Gregory and Item #24-City Insurance per request. Motion, Ayes ( 3 ) , Nays (0 ) . APPROVAL OF MINUTES* It was moved by Acting Mayor Frahm, seconded by Counci lmember Grabek, to approve the Minutes of the August 26 , 1985 Regular Council meeting as submitted. Motion, Ayes ( 3 ) , Nays (0 ) . PARR COMMISSION COMMENTS There were no comments from the Park Commission at this time. LAKE MINNETOIdRA CONSERVATION DISTRIC REPORT: Councilmember Grabek requested staff ' s clarification of the LMCD proposed ordinance regarding the regulation of boats docked at private docks . APPOINTMENT OF REPRESENTATIVE It was moved by Act.ing Mayor Frahm, seconded by Councilmember Hammerel, to re-appoint JoEllen Hurr as LMCD Representative for another 3-year term. Motion, Ayes ( 3 ) , Nays (0 ) . PLANNING COMMISSION COMMENTS Planning Commission member William Sime was present and had no comments at this time. . � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 9, 1985. PG 2 PUBLIC COMMENTS: WILLIAM SIME - 2106 SFIADYWOOD ROAD William Sime was present and requested the Council to consider his request of allowing him to construct an addition to his house which will result in an additional 27 sq. feet of hardcover by trading off the removal of 27 sq. feet of existing hardcover and waiving the variance procedure in this matter. Mr. Sime presented the Council with a survey showing his proposed addition and the proposed removal of existing hardcover. Mr. Sime also presented a signed petition from all the neighbors within 150 of his property approving of his plans. Because of the documentation supporting Mr. Sime' s request, the Council unanimously decided to approve his request to allow him to build his addition subject to him removing the proposed 27 sq. feet of existing hardcover upon staff ' s supervision. Council also instructed staff to review and make a procedural recommendation for this type of simple request. ROVEGNO FENCE Councilmember Grabek reported that he has received numerous calls regarding the Rovegno fence, one of which an anonymous caller threatened to tear the fence down if Council does not take action. City Administrator Bernhardson stated that due to a delay in publication, the Public Hearing for this matter will be held at the October 21, 1985 Planning Commission meeting and that staff will report back to the Council the following week. �852 STANLEY GREGORY 1410 SHORELINE DRIVE CONDITIONAL USE PERMIT RESOLUTION #1844 Stanley and W.P. Gregory were present for this matter. Also present was Greg Kopischke, applicant ' s Engineer/Planner. Staff presented an amended Resolution adding the following Condition: The City will not approve the use of chemical agents in the control of algae and aquatic vegetation within the decorative pond. The City will not permit the use of fertilizers, pesticides or herbicides within 30 feet from the edge of the decorative pond. Stanley Gregory stated she had no problem with the condition as stated. It was moved by Acting Mayor Frahm, seconded by Councilmember Hammerel, to approve Resolution #1844 as amended granting the Conditional Use Permit. Motion, Ayes (3 ) , Nays (0 ) . . � MINUTES OF THE REGUI�R QRONO COUNCIL MEETING HELD SEPTEMBER 9, 1985. PG 3 #927 STANLEY GREGORY 1410 SHORELINE DRIVE VARIANCE Stanley and W.P. Gregory were present f or thi s matter. Also present was Jack Robertson, applicant ' s architect. City Administrator Bernhardson reviewed the revised planfor the construction of a pool within the 0-75 ' lakeshore setback, which would also increase the existing hardcover overage within this area. Bernhardson stated that staff recommends denial of this application because there are no demonstrated hardships. Councilmember Hammerel questioned whether a pool is considered hardcover. City Administrator Bernhardsonstated a definitive answer to Councilmember Hammerel ' s question has not been determined. Jack Robertson made his presentation stating that although the location of the pool is within the 0-75 ' zone, it would not be visible. Robertson explained the precautions being taken to prevent any drainage from the pool area from causing any detrimental affect to water quality. Robertson indicated that the main reason for locating the pool closer to the house is health reasons. Counci lmember Grabek stated that a precedent would be set by allowing this construction within the 0-75 ' setback. Councilmember Hammerel was undecided because a pool has not been officially determined as hardcover. Acting Mayor Frahm stated that he felt more expertise on the adverse effects was needed. Frahm also stated that there seemed to be no valid hardship and an alternative site is available. It was moved by Councilmember Hammerel, seconded by Councilmember Grabek to table thismatterindefinitely, with the applicant ' s consent, for additional data from staff and "experts" . Motion, Ayes ( 3 ) , Nays (0 ) . #916 RRIMMEL/ENGLESMA* 960/990 PARTENWOOD ROAD SUBD. OF A LOT LINE REARRANGEMENT RESOLUTION $1845 Bruce Engelsma, 990 Partenwood Road, was present for this matter. It was moved by Acting Mayor Frahm, seconded by Counci lmember Grabek, to adopt Resolution #1845 approving the plat of a lot line rearragement known as Partenwood Second Addition. Motion, Ayes ( 3 ) , Nays ( 0 ) . . . MINUTES OF THE REGULAR ORONO CODNCIL MEETING HELD SEPTEMBER 9, 1985. PG 4 #930 SHAVER/TEARSE 1080 FERNDALE ROAD WEST RIPARIAN ISSUE Jim Shaver, 259 E. Lake, Wayzata, and H.H. Tearse, 1840 Fox St. , were present for this matter. Also present was Attorney John J. Taylor, Dorsey & Whitney, representing the Shaver/Tearse interests and Attorney Walter H. Rockenstein II, Faegre & Benson, representing an abutting neighbor. City Administrator Bernhardson explained the background of this issue being the status of riparian rights to a 25 ' x25 ' lot, also owned by same owners , which is currently under water in the lagoon. John Taylor gave a brief history of the property and stated the applicant' s request to use part of the city right-of-way to step on to a dock. Taylor also noted that there is 8-1/2 feet from the road to the water at this time. Councilmember Frahm questioned the width to provide a safe shoulder. City Engineer Cook stated that new roads require 6-8 ' of shoulder, but existing city roads should have 6 ' conservatively. Council questioned the liability if an accident should occur on city right-of-way from the dock. Mr. Rockenstein stated that the liabilitywould be the city' s responsibility unless they required a harmless clausein the agreement, however, even with this clause the city may be held liable if the financial capability is not provided. City Attorney Radio submitted his opinion regarding these issues, which clearlyindicates the applicant ' s right to use a portion of the city' s unused right-of-way and the right to construct a dock. Radio' s opinion also listed several concerns to be considered. It was noted that Ralph C. Bagley, 1105 Ferndale West, has written the Council indicating his objection to the use of city right-of-way. Councilmember Hammerel stated that more was being read into this matter than necessary as there are numerous docks like the applicant is requesting and because the owner bought this lot with riparian access rights, he should be able to sell it as such. City Attorney Radio stated that the property owner is paying taxes on this piece of property, which just happens to be under water, and has the right to utilize this property. . , . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 9, 1985. PG 5 #930 SHAVER/TEARSE continued Acting Mayor Frahm indicated his concerns with Attorney Radio' s opinion. Frahm also stated he felt that the lots should be combined and he still had concerns on the liability. Councilmember Grabek stated that he felt the applicant should have the right of access to his piece of property which has been recognized as a legal piece of property by the State and City and which applicant is paying taxes on. Councilmember Hammerel agreed with Councilmember Grabek' s statement. Acting Mayor Frahm stated that he would be against it unless the two pieces of property were legally combined. Zoning Administrator Mabusth asked the Councilto reconsider their original approval of a rear setback variance for the proposed residence on the interior lot. A recent survey confirmed the house will be set 30 . 8 feet from the rear lot line not 37 feet as originally proposed. Attorney Radio stated that the applicant must file a separate application request for use of the public right-of-way and a variance to allow the dock as a structure, which must be presented before the Planning Commission. It was moved by Councilmember Grabek, seconded by Acting Mayor Frahm, to conceptually approve the rear setback variance application of Jim Shaver and directed staff to prepare a resolution for formal action by the Council at the next meeting. Council further directed the applicant to file a separate variance application with the City in order to permit construction of an accessory dock on a lot that could not sustain a principal structure in addition to seeking formal approval of the use of the public right-of- way. Motion, Ayes (3 ) , Nays (0 ) . #941 PAUL NUTT - RES. #1846 #946 DAVID C. COOR - RES. �1847 �951 JOHN THIMMISH - RES. #1848 2739 SHADYWOOD ROAD CONDITIONAL IJSE PERMIT/VARIANCE Paul Nutt, David C. Cook, and John Thimmish were present for this matter. City Administrator Bernhardson explained the applicants ' request for a ) variance to maintain a dock (accessory structure ) on a lot without a principle structure b) conditional use permit and variance to continue the non- conforming use, be recognized as a legal non-conforming use. . . � MINUTES OF THE REGUI.AR ORONO COUNCIL MEETING HELD SEPTEMBER 9, 1985. PG 6 #941,#946,#951 - 2739 SHADYWOOD ROAD continued City Administrator Bernhardson stated staff ' s recommend- ation to add another condition to the proposed resolutions , being that if any change in the dock structure should occur it must be approved as a new conditional use permit. Council and staff decided to amend the proposed resolutions to read under Condition #2 "Applicant/owner is limited to the mooring of one boat. " (No length is specified) It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to approve Resolutions #1846 , #1847 , #1848 , incorporating the two previous stated amendments. Motion, Ayes (3 ) , Nays (0 ) . Mr. Thimmish indicated he wished to move his dock over to accomadate one large slip. Council instructed staff to monitor the moving of his dock. Council also instructed staff to record the current lengths of the docks there. $945 R.J. BAUMAN 1040 TONRAWA ROAD CONDITIONAL USE PERMIT RESOLUTION R.J. Bauman was present for this matter. Also present was G. Noelting, 1060 Tonkawa Road. City Administrator Bernhardson explained the initial request to remove a couple dead trees within 20 ' of the shoreline. Bernhardson stated that there is a hardcover issue and concerns regarding the drainage. Asst. Zoning Administrator Gaffron explained the purpose of the existing tile on the north side of the house. Gaffron noted that there is a problem dealing with the drainage from the neighboring property. Gaffron stated another concern was the possible adverse effects to the lakeshore bank by removing the dead tree stumps . City Engineer Cook agreed with Asst. Zoning Administrator Gaffron' s concerns and the possible need for rip-rap along the shoreline. Asst. Zoning Administrator Gaffron stated that they have not determined the best method for controlling the drainage. Staff ' s recommendation is to table this matter for two weeks in order to identify the issues. It was moved by Councilmember Grabek, seconded by Acting Mayor Frahm, to table this matter until the next Council meeting, but to permit Mr. Bauman to cut down the dead trees leaving the stumps and vegetation untouched at this time. Motion, Ayes (3 ) , Nays ( 0 ) . � r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 9, 1985. PG 7 #947 NORMAN � CHRISTIE DEWITT 1180 LYMAN AVENUE VARIANCE RESOLUTION �1849 Christie DeWitt was present for this matter. City Administrator Bernhardson explained the applicant' s request for a lot area variance in a two acre zone to construct a home at the end of Lyman Avenue. Staff has recommended approval of the variance. It was moved by Acting Mayor Frahm, seconded by Councilmember Hammerel, to approve Resolution #1849 as drafted. Motion, Ayes (3 ) , Nays (0 ) . #948 DAVID C. BELL INVESTMENT CO. 565 LEAF STREET PRELIMINARY SUBDIVISION City Administrator Bernhardson explained the applicant' s request for a preliminary two-lot division. Bernhardson noted that both lots exceed the square footage required and have the appropriate dry buildable, two of the conditions recommended are the removal of the old stone foundation and a hazardous pool. Staff recommends approval. Larry L. Hanson representing applicant was present for this matter. Mr. Hanson stated that they will comply with the conditions stated. It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to approve the Preliminary Subdivision. Motion, Ayes (3 ) , Nays (0 ) . �954 ORONO GOLF COURSE* 265 ORONO ORCHARD ROAD CONDITIONAL USE PERMIT RESOLUTION #1850 It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to approve Resolution #1850 granting a Conditional Use Permit for expansion of the 4th tee and regrading of tee apron area at the Municipal Golf Course. Motion, Ayes (3 ) , Nays (0 ) . HIGHWAY 12 - UPDATE* It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to publish notice for a public hearing on an ordinance limiting development in the Highway 12 corridor study for October 7 , 1985 as recommended by staff . Motion, Ayes (3 ) , Nays ( 0 ) . CITY ENGINEER'S REFORT: CONTRACTOR'S REQUEST FOR PAYMENT* It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to approve payment to A.R. I . Contracting Inc. for Sanitary Sewer Improvements Crystal Bay as recommended. Motion, Ayes ( 3 ) , Nays ( 0 ) . . ` . • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 9, 1985. PG 8 WILLOW DRIVE - RES. #1851* OLD CRYSTAL BAY ROAD - RES. #1852* MSA ROADS It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to approve the following Resolutions setting a speed limit of 30 mph and indemnifying the Minnesota Department of Transportation from any claims as a result of setting such speed limit : Resolution #1851 - Willow Drive near Fox Street Resolution #1852 - Old Crystal Bay Road from Co. Rd. 84 to Co. Rd. 6 Motion, Ayes �( 3 ) , Nays (0 ) . MAYOR'S REPORT There was no report from the Mayor. CABLE TV - 1986 BUDGET* RESOLUTION #1853 It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to adopt Resolution #1853 approving the 1986 Budget for the Lake Minnetonka Cable Communications Commission. Motion, Ayes ( 3 ) , Nays (0 ) . TRANSPORTATION REPORT There was no Transportation Report. CITY ADMINISTRATOR'S REPORT: COMPENSATION STUDY City Administrator Bernhardson recommended tabling this matter until the September 23, 1985 Council meeting for discussion. NOISE & CONSTRUCTION ACTIVITY REGULATIONS* It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to accept staff inemo regarding the regulation of noise and construction activity. Motion, Ayes (3 ) , Nays (0 ) . 1986 BUDGET PRESENTATION City Administrator Bernhardson noted the re-scheduled dates for reviewing the 1986 proposed budget. SEWER POLICY* RESOLUTION #1854 It was moved by Acting Mayor Frahm, seconded by Counci lmember Grabek, to adopt Resolution #1854 establishing sewer assessment policy Navarre area Lift Stations Numbers 6 , 7 , 8 , 13 and 22 . Motion, Ayes ( 3 ) , Nays ( 0 ) . BIG ISLAND* It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to accept staf f ' s recommendation to continue the Big Island Veteran ' s Camp condemnation proceedings indefin- itely. Motion, Ayes ( 3 ) , Nays ( 0 ) . ". . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 9, 1985. PG 9 POLICE DEPARTMENT INTERN* It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to authorize John Hamilton to serve as a police intern as requested and recommended by staff . Motion, Ayes ( 3 ) , Nays (0 ) . CITY INSURANCE It was moved by Councilmember Grabek, seconded by Acting Mayor Frahm, to authorize City Administrator Bernhardson to obtain city umbrella insurance upon verbal approval from three councilmembers. Motion, Ayes (3 ) , Nays (0 ) . AUCTION* It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to accept staff inemo regarding the city auction held on August 31, 1985. Motion, Ayes (3 ) , Nays (0 ) . 1950 SHORELINE DRIVE* SEWER UNITS RESOLiJTI ON #18 5 5 It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to adopt Resolution #1855 determining that 4 sanitary sewer services will be provided to the property at 1950 Shoreline Drive. Motion, Ayes (3 ) , Nays ( 0 ) . F.W.B.I. ASSESSMENT HEARING* It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to order a public hearing on the matter of the F.W.B. I . assessment hearing for the lift station #7 forcemain on October 28 , 1985 at 7 :00 PM. Motion, Ayes ( 3 ) , Nays (0 ) . HAZARDOUS BUILDINGS* RESOLLTTIONS #1856,#1857,#1858,#1859 It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to adopt the following resolutions ordering abatement of hazardous building action: Res. #1856 at 3905 North Shore Drive Res. #1857 at 3598 North Shore Drive Res. #1858 at 3401 Eastlake Street Res. #1859 at 3445 Crystal Bay Road Motion, Ayes ( 3 ) , Nays ( 0 ) . REFUND OF CREDIT BALANCES* UTILITY BILLING It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to approve refunds of overpayments on final sewer and water utility bills as listed in staff inemo dated September 6 , 1985 . Motion, Ayes ( 3 ) , Nays (0 ) . ADMINISTRATOR'S INFORMATION* It was moved by Acting Mayor Frahm, seconded by Counci lmember Grabek, to accept City Adrninistrator Bernhardson' s Information report concerning: Smith-Powers Sewer, Bohn' s : _ � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 9, 1985. PG 10 ADMINISTRATOR'S INFORMATION* continued Point Parade of Homes, Temporary Officer, 130 Cygnet Place, 2695 Casco Point Road, Schlee Development, Minnetonka Gun Club, and Crystal Bay Sewer Project. Motion, Ayes (3 ) , Nays (0 ) . CITY ATTORNEY°S REPORT City Attorney Radio updated the Council on the Crystal Bay casesand indicated that they will probably be consolidated. ( LICENSES* It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to approve the following license: Art Center of Minnesota - One day set-up permit for Smith Days on September 6 and 7 , 1985. Motion, Ayes (3 ) , Nays (0 ) . BILLS* It was moved by Acting Mayor Frahm, seconded by Councilmember Grabek, to approve payment of the All Funds Accounts and Liguor Store Accountse Motion, Ayes ( 3 ) , Nays ( 0 ) . ADJOURNMENT 9:22 PM It was moved by Acting Mayor Frahm, seconded by Councilmember Hammerel, to adjourn the regular Council meeting at 9 :22 PM. i Motion, Ayes (3 ) , Nays (0 ) . I ATT . _ � -- l'�-�-,--�-- Do othy M. allin, City Clerk y C. � utler, ayor Tom Frahm, Acting Mayor I I