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HomeMy WebLinkAbout10-28-1985 Council Minutes .� �. . � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 28, 1985. PAGE 1 ATTENDANCE 7:02 PM The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Frahm, Adams, and Hammerel. Councilmember Grabek was absent. The following represented the City Staff : City Administrator Bernhardson, Public Works Coordinator Gerhardson, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Blatz and City Engineer Cook were also present. F�2ESHWATER BIOLOGICAI� INSTITUTE PROPOSED SPECIAL ASSESSMENT PUBI,IC HEARING 7:02 - 7:03 PM RESOLDTION #1872 City Recorder Peterson noted the Certificate of Mailing and Affidavit of Publication. Mayor Butler convened a public hearing to pass upon the proposed special assessment for the construction of the Navarre force main extension. There were no persons present objecting and the public hearing was closed. It was moved by Mayor Butler, seconded by Councilmember Hammerel, that the City Council adopt Resolution # 1872 ordering the special assessment of properties of the Freshwater Biological Institute Foundation over a five year period at 9 . 20� interest, with a total principal payment of $47, 080 . Motion, Ayes 4 , Nays 0 . CONSENT AGENDA* It was moved by Councilmember Adams, seconded by Cauncilmember Frahm, to approve the Consent Agenda* subject to removal of Item 4 (Orono Golf Course ) per Councilmember Adam' s request. Motion, Ayes 4 , Nays 0 . APPROVAL OF MINUTES* It was moved by Councilmember Adams , seconded by Counci_lmember Frahm, to approve the Minutes of the October 7 , 1985 Council meeting as submitted. Motion, Ayes 4 , Nays 0 . PARR COMMISSIOI+I COMMEATTS: ORONO GOLF COURSE Councilmember Adams questioned whether or not the golf course has recreational resources to be used other than golf . City Administrator Bernhardson stated that the questions being asked are whether there is a need for a public recreational facility and should it be municiply owned or private. He noted that the question of an alternative use has not been asked. It was moved by Councilmember Adams, seconded by Mayor Butler, that the City Council accept the report to date from both the Park Commission and staff . Motion, Ayes 4 , Nays 0 . � � ' . , MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 28, 1985. PAGE 2 STUBB'S BAY SCHOOL* It was moved by Councilmember Adams, seconded by Councilmember Frahm, that the City Council accept the updated information regarding Stubb' s Bay School. Motion, Ayes 4 , Nays 0 . LARE MINNETONRA CONSERVATION DISTRICT REPORT Representative JoEllen Hurr was unable to be present at this meeting. PLANNING COMMISSION COMI�NTS There were no comments from the Planning Commission. PUBLIC COMMENTS: Merlin Halverson Public Lane - Highwood Road City Administrator Bernhardson noted a letter from Merlin Halverson' s attorney regarding issues of a fire lane on Highwood Road. Staff recommendsholding a public hearing on this matter. It was moved by Mayor Butler, seconded by Councilmember Adams, that the public hearing be held regarding limitation of use on the City° s public access between Lots 23 and 24 , Highwood Lake Minnetonka for the November 25th Council meeting. Motion, Ayes 4 , Nays 0 . ZONING ADMINISTRATOR'S REPORT: #910 JAMES HOFF 2056 SHADYWOOD ROAD COIdDITIONAL DSE PERMIT RESOLUTION �1873 James and Alice Hoff were present for this matter. City Administrator Bernhardson explained applicant' s request for a Conditional Use Permit and variance to permit the regrading (removal of fill ) of the lakeshore yard within the 0-75 ' protected lakeshore area. He noted that the soil borings report indicates that approximately 3 ' of fill was placed at the crest of the hill at some previous date. Assistant Zoning Administrator Gaffron submitted and explained the proposed plan. James Hoff explained the need to grade in such a manner to safely care for the property and improve aesthetics. Councilmember Adams questioned whether it was possible to completely this type of work within the 24 hour periods as indicated in Condition #5 of the proposed resolution. Councilmember Adams stated that the contracters should be made aware of the seriousness of completely this work within a timely manner by possibly requiring a bond. . MINUTES OF THE REGOLAR ORONO COUNCIL MEETING AELD OCTOBER 28, 1985. PAGE 3 #910 HOFF continued City Administrator Bernhardson stated that in this specific case, staff will monitor closely. It was moved by Mayor Butler, seconded by Councilmember Adams to adopt Resolution #1873 approving a Variance and Conditional Use Permit. Motion, Ayes 4 , Nays 0 . #912 GORDON HEDLUND 3990 NORTH SHORE DRIVE VARIANCE RESOLUTION #1874 FOR DLNIAL Gordon Hedlund was not present for this matter. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution #1874 denying a lot area variance. Motion, Ayes 4, Nays 0 . #928 RICHARD PULA 2U15 WEBBER HILLS ROAD CONDITIONAI� USE PERMIT RESOLUTION #1875 Richard Pula was present for this matter. City Administrator Bernhardson explained a revised plan which encloses the staircase to the proposed apartment with the internal entrance from the sewing room. He noted that no doors are to be installed. Mr. Pula requested that he be allowed to have a door off the sewing room for heat efficiency and to stop traffic into the apartment. Mayor Butler and Councilmember Hammerel felt that applicant' s need for a door was valid. Councilmember Frahm felt that a door should not be allowed because of past applications. It was moved by Mayor Butler, seconded by Councilmember Hammerel, to adopt Resolution #1875 approving the Variance and Conditional Use permit subject to amending Condition #4 to read "Door shall be instal.led at entrance to sewing room or at second f loor apartment entrance" . Motion, Ayes 4 , Nays 0. #959 GEORGE E. JOIiNSON 365 NORTH OLD CRYSTAL BAY ROAD VARIANCE RESOLUTION #1876 George E.Johnson was present for this matter. City Administrator Bernhardson explained the request to construct a 1620 square foot pole barn. Mr. Johnson stated the purpose of the pole barn is for storage of collectible tractors and possibly a work shop. , MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 28, 1985. PAGE 4 �959 JOHNSON continued Councilmember Adams stated the resolution should contain a provision that restricts any rental or commercial use of the pole barn. It was moved by Councilmember Adams , seconded by Councilmember Hammerel, to adopt Resolution #1876 approving the variance subject to amending Condition #2 to read "This building may never be used as a second dwelling unit; nor space rented or used for any commercial use" . Motion, Ayes 4, Nays 0 . #9 71 MARR S. iaTASSERMAN 1�5 LINDEN LANE VARIANCE RESOLIITION #1877 Mark Wasserman was not present for this matter. City Administrator explained applicant' s request to replace foundation under existing non-conforming garage which requires 12 ' variance from the road and 4 . 4 ' variance from the lot line. Mayor Butler noted that applicant wishes to regrade an area around the garage to direct the drainage away from the garage. It was moved by Mayor Butler, seconded by Councilmember Frahm, to adopt Resolution #1877 approving the variance. Motion, Ayes 4 , Nays 0 . �972 SHAVER/TEARSE 1080 WEST FERNDALE VARIANCE RESOLUTIOYd It was moved by Councilmember Frahm, seconded by Mayor Butler, to table this matter until the November 25 , 1985 Council meeting per applicants ' request. Motion, Ayes 4 , Nays 0. #974 ERIC J. CHRISTENSEN 900 NORTH SHORE DRIVE WEST PRELIMINARY SUBDIVISION Eric J. Christensen was present for this matter. Councilmember Adams stated he felt there should be only one access to these two lots rather than two. City Administrator Bernhardson stated that they would promote only one access with the county. Council requested that the access question be solved with the county before the final subdivision comes before the Council. It was moved by Councilmember Frahm, seconded by Mayor Butler, to approve the preliminary subdivision. Motion, Ayes 4 , Nays 0 . • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 28, 1985. PAGE 5 �977 JIM WERNER 1408 BALDUR PARK ROAD VARIANCE RESOLUTION �1878 Jim Werner was present for this matter. City Administrator Bernhardson explained the request for side setback, average setback, and hardcover variances to construct additions to the front and rear of the house. Councilmember Frahm stated that he felt letters of approval should be submitted from the neighbors when sight is being enf ringed upon. It was noted that Planning Commission recommended approval subject to no increase in hardcover above the existing 36 . 5� mark because there are sufficent areas of rock beds that can be made non-hardcover as a tradeoff. It was moved by Mayor Butler, seconded by Councilmember Hammerel, to adopt Resolution #1878 approving the side setback and av�rage setback variances subject to the following prior to issuance of the building permit: 1 ) letters of a�praval from both effected neighbors 2 ) staff being satisfied with the hardcover trade-offs 3 ) applicant to supply a consistent set of building plans Motion, Ayes 4 , Nays 0 . Mr. Werner took �; his moment to publicly commend As�istant Zoning Administr� ;or Gaffron on his good work in this matter. #978 MICHAEL McEIJENY 2497 - 2503 RELLY AVENUE VARIANCE RESOLUTION #1879 Michael McEneny � as present representing the Navarre Cove Homeowners Assoc _ation. City Administrator Bernhardson explained the request to construct a 2-1/2 car garage on Outlot A (a lot without a principal structure) for use by the Navarre Cove Homeowners Association. Assistant Zoning Administrator Gaffron noted an additional condition to the proposed resolution stating that the "Building permit for the garage will be issued only to the Navarre Cove Homeowner' sAssociation as "property owner" and their agent as "builder" , only upon receipt of a resolution of approval of the garage from said Association, signed by the members of said Association" . It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution #1879 approving the variance. Motion, Ayes 4 , Nays 0. , MINUTES OF THE REGULAR ORONO COUNCIL N1�ETING HELD OCTOBER 28, 1985. PAGE 6 #981 PHILIP RALEY 1395 BROWN ROAD SOUTH VARIANCE AESOLUTION #1880 Phil Kaley was present for this matter. City Administrator Bernhardson explained the request for a setback variance for a family room addition. Mr. Kaley stated he had no problems with the proposed resolution. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to adopt Resolution #1880 approving the variance. Motion, Ayes 4 , Nays 0. �986 GEORGE ROVEGNO 2010 SHORELINE DRIVE VARIANCE George and Susan Rovegno were present for this matter. City Administrator Bernhardson explained the requestfor an after-the-fact variance for construction of a 5 foot fence within the 0-75 ° whereas (based on interpretation ) only a 3- 1/2 foot fence is allowed. George Rovegno noted the serious problems he has had which placement of this fence has solved. He submitted a memorandum containing a series of facts pertaining to the issues for Council to review. Mr. Rovegno stated he is willing to do one of the following to solve this matter: 1 ) leave the fence at its existing location and cut it down to 44" except for the first 30 feet by the public access which must be only 30" in height, or; 2 ) move the fence back to the lathe mark and keep it at its existing 5 foot height except for the first 30 feet by the public access which must be only 30" in height. He noted that he believes Code Section 10. 03 15 (C ) could only have been written about intersecting street lots. He also indicated his frus�ration with the City in dealing with the problems he has encountered which forced him to erect the fence. Mayor Butler stated that the fence poses a safety haza.rd. Councilmember Frahm indicated that applicant' s problems were valid and felt the City should address the problem of trespassing and litter. He also stated he was agreeable to a 3-1/2 f.00t high fence in its present location. Mayor Butler stated it would be setting a precedent by allowing this fence. City Administrator Bernhardson noted that applicant needs a variance for the 3-1/2 foot accessory structure on a lot that cannot sustain a principal structure. . MINDTES OF THE REGUI,AR ORONO COUNCIL MEETING HELD OCTOBER 28, 1985. PAGE � #986 ROVEGNO continued It was moved by Counci�member Frahm, seconded by Councilmember Hammerel, to deny the 5 foot fence and grant a variance for an accessory structure to allow a 44" fence except for the first 30 feet from the public access which must be 30" in height at its present location. Motion, Ayes 3, Nays l. Mayor Butler voting nay. CITY ENGINEER'S REPOR�: CHANGE ORDER #4 City Engineer Cook explained Change Order #4 which provides for road base correction work primarily in the area of Arbor and Prospect. It was moved by Councilmember Frahm, seconded by Mayor Butler, City Council hereby approves Change Order #4, in the amount of $7 ,500. 00, of construction contract at Crystal Bay with A.R. I. Construction. Motion, Ayes 4 , Nays 0. MAYOR'S REPORT: Council acknowledged reading and approving of City Administrator Bernhardson ' s letter of response to Jerry W. Wheeler ' s letter. CITY ADMYNISTRATOR'S REPORT: PERMIT REVIEW/DOCR ON RIGHT OF WAY City Administrator Bernhardson recommended tabling this matter until the November 25 , 1985 Council meeting. STEBBINS SEHTER MATTER RESOLUTION It was moved by Councilmember Hammerel, seconded by Councilmember Adams, to direct staff to draft a resolution to deny Mr. Stebbins request f or hookup to the Long Lake sewer for his property at 2165 Watertown Road. Motion, Ayes 4, Nays 0 . ORDINANCE REVISIONS Exterior Building Construction - City Administrator Bernhardson explained the proposed revision providing a penalty for non-completion of exterior construction within the 12 month limit. Councilmember Frahm stated he felt it should be based on a time/material cost vs . multiple payment. Mayor Butler stated there should be a fee for each year unfinished. Council instructed staff to revise this ordinance with the intent to cover city expenses . . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 28, 1985. PAGE 8 ORDINANCE REVISIONS continued Fire Arms Permit - City Administrator Bernhar.dson explained the proposed revision to clarify the annual vs, occasional firearms permit. It was moved by Councilmember Hammerel, seconded by Mayor Butler to adopt proposed revision to Ordinance Number 15 , Second Series, an Ordinance adding to the Dangerous Weapons and Articles Sections of the Orono Municipal Code. Motion, A�es 4, Nays 0 . Dangerous Weapons - City Administrator Bernhardson explained the need for this revision due to problems in the schools regarding knives and related instruments. It was moved by Councilmember Frahm, seconded by Mayor Butler, to adopt proposed revision to Ordinance Number 16 , Second Series, an Ordinance adding to the Dangerous Weapons and Articles Sections of the Orono MunicipalCode. Motion, Ayes 4, Nays 0. CRYSTAi, BAY SE6�lER CONNECTION POLICY City Administrator Bernhardson explained the proposed Crystal Bay sewer connection policy. It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approved the proposed CrystalBay sewer connectian policy and direct staff to draft a resolution. Motion, Ayes 4 , Nays 0 . I,ARE MINNETONRA USE AND ACCESS City Administra �or Bernhardson updated the Council regarding this m�wtter. Council acknowl�dged receipt of City Administrator Bernhardson' s report regarding Lake Minnetonka Use and Access. LONG LARE I,IBRARY - TEMPORARY City Administrator Bernhardson explained the need to retain a temporary library until the new library is built. It was moved by Councilmember Hammerel, seconded by Mayor Butler, that City Council go on record supporting the retention of libraries until such time as a new facility is constructed. Motion, Ayes 4 , Nays 0 . HIGHWAY 12 CORRIDOR STUDY NOVEMBLR 4, 1985 JOINT COUNCIL & PLANNING COMMISSION City Administrator Bernhardson noted the next Highway 12 Corridor Study meeting at the Orono High School cafeteria at 7 :30 PM on November 4th. MINUTES OF THE REGUI�AR ORONO COUNCIL MEETING HELD OCTOBER 28, 1985. PAGE 9 HARDCOVER* It was moved by Councilmember Adams, seconded by Councilmember Frahm, that the City Council accept status report of staff on the issue of hardcover ana that they table the issue until the Council meeting of November 25, 1985 . Motion, Ayes 4 , Nays 0. PERSONNEI, RULES* It was moved by Councilmember Adams, seconded by Councilmember Frahm, City Council table the issue of personnel rules until its meeting of November 12, 1985. Motion, Ayes 4, Nays 0. 1986 BIIDGST DOCIIMENT APPROVAL* It was moved by Councilmember Adams, seconded by Councilmember Frahm, that the City Council of the City of Orono formally adopt their 1986 budget document as set forth in the attached document. Motion, Ayes 4 , Nays 0. LIQUOR SALES* It was moved by Councilmember Adams, seconded by Councilmember Frahm, that the City Council adopt a report of Liquor Store sales for the first 9 months of 1985 . Motion, Ayes 4, Nays 0. FIRr?a►taHt� EXCHANGE* It was moved by Councilmember Adams, seconded by Councilmember Frahm, City Councilhereby authorize the Orono City staff to make the appropriate exchange of weapons as outlined deem it an appropriate exchange resulting in acquisition of approximately $850. 00 worth of inerchandise for items not currently able to be used by the Police Department. Motion, Ayes 4 , Nays 0. REQUEST FOR REFUND* WITHDRAWAL OF APPLICATION #969 It was moved by Councilmember Adams, seconded by Councilmember Frahm, to approve a refund of $135. 00 to Rollie Martin on application #969 which the applicant withdrewfrom action by the City. Motion, Ayes 4 , Nays 0. CRYSTAL BAY SEWER PROJECT* It was moved by Councilmember Adams, seconded by Councilmember Frahm, that the City Council accept delay of surfacing of the streets in the Crystal Bay sewer project until spring of 1986 . Motion, Ayes 4, Nays 0. ADDITION TO DELINQOENT SLWER/* WATER ASSESSMENT ROLL It was moved by Councilmember Adams, seconded by Councilmember Frahm, to amend the 1985 delinquent sewer and water assessrnent rollto include $498 . 88 on P. I .D. 17-117-23 44 0098 . Motion, Ayes 4 , Nays 0 . � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 28, 1985. PAGE 10 ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Adams, seconded by Councilmember Frahm, to accept City Administrator Bernhardson' s Information report regarding; Highway 12 Overlay, Officer Hiring, 2695 Casco Point Raod, 1986 Holiday Scheduling, Fall Cleanup, and Dunwoody/Casco Point Road. Motion, Ayes 4 , Nays 0 . CIT% ATTORNEY'S REPORT: City Attorney Blatz requested Council to enter into Executive Session at this time. LICI�NSES* It was moved by Councilmember Adams, seconded by Councilmember Frahm, to approve the £ollowing license: Septic System Installers License - Quickway Excavating Co. Motion, Ayes 4 , Nays 0 . BILLS* It was moved by Councilmember Adams, seconded by Councilmember Frahm, to approve payment for the All Funds Accounts and Liquor Store Accounts. Motion, Ayes 4 , Nays 0. ADJOURNMENT 9:58 PM Zt was moved by Councilmember Adams, seconded by Councilmember Frahm, to adjourn the regular Council meeting �� at 9 :58 PM. Motion, Ayes 4 , Nays 0 . , ATTFdST: � -- F ���� � ' ;� � ` o thy M. lin, C' ty Clerk Mary C. Bt� er, Mayor �.