HomeMy WebLinkAbout11-25-1985 Council Minutes �
� �.
> MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 25, 1985. PAGEl
ATTENDANCE 7:03 PM
The Orono Council met on the above date with the following
members present: Mayor Butler, Councilmembers Frahm, Adams ,
Hammerel, and Grabek. The following represented the City
staff : City Administrator Bernhardson, Building & Zoning
Administrator Mabusth, Public Works Coordinator
Gerhardson, Chief of Police Kilbo, and City Recorder
Peterson. Also present were City Attorney Blatz and City
Engineer Cook.
HIGAWOOD PUBLIC ACCESS
PUBLIC HEARING 7:04 - 7:37
A Public Hearing was held regarding limiting the use of the
City' s public access to motorized vehicles including
snowmobiles, between Lots 23 and 24 , Highwood Lake
Minnetonka. �
City Recorder Peterson noted the Affidavit of Publication
and Certificate of Mailing.
City Administrator Bernhardson explained that this request
was prompted by a complaint from Merlin Halverson, 4175
Highwood Road. Bernhardson stated that the access has been
used in the past as a walking and snowmobile access by the
public which Y�as become a problem with trespassing on Mr.
Halverson' s property. Staff is proposing to limit the
access, as done with other city accesses , by restricting
motorized vehicles.
Merlin Halverson and his attorney, Jay Arneson, were
present for this matter.
Jay Arneson stated that his client requests that this access
be closed or restricted. He noted the action taken on other
local public accesses. Arneson stated that the public
access, which was platted in 1909 , no longer serves the
purpose intended. He stated that Mr. Halverson, who lives
adjacent to the access, has experienced many problems with
snowmobilerstrespassing upon hisdriveway whichismistaken
for the access ; the seemingly 24 hour traffic; and parties
within the access. Mr. Arneson feels these problems will not
be solved by merely restricting motorized vehicles, it
should be closed off.
Kurt Quady questioned why Mr. Halverson doesn't contact the
Police Department regarding the problems.
Mr. Arneson stated that his client has contacted the Police
numerous times , but the problem continues. He noted that in
addition to the above stated problems, harassment and
vandalism have occurred.
John Tesar, 4156 Highwood Road, was present as the other
adjacent property owner to this public access. He stated
that he supports the views of Mr. Halverson' s problems. He
noted the danger of an accident occurring when snowmobiles
enter the intersection of Highwood due to the steepness of
the access.
, MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 25, 1985. PAGE2
HIGHWOOD PUBLIC ACCESS continued
Ray Sheeran, 4140 Highwood Road, stated that his family uses
the access for snowmobiling and that Mr. Halverson causes
problems by blocking the access making it inaccessible.
Mayor Butler stated that the city has an obligation to
consider the problems created to those who live next to the
property, and noted that the proposal is not to close off the
access, just set limitations upon it.
City Administrator Bernhardson stated that the barriers
placed within the access have been and/or are being removed
by the City.
Mr. Sheeran submitted a signed petition objecting to the
limiting of use. Mayor Butler read the petition into the
record.
Councilmember Adams questioned the number of complaints on
file with the Police Dept.
City Administrator Bernhardson stated that staff hasnot yet
obtained that information from the Police Dept.
Bruce Molumby, 4116 Highwood Road, stated that use of the
access was written into his deed. He stated that it is
unfair to close it to motorized vehicles. He also noted that
Mr. Halverson has physically attacked his friends using the
access .
John Wagman, 4182 Highwood Road, stated that he felt the
abusers were not within the neighborhood, but from the
public' s knowledge of the access. He felt that the first
step to closing the access is limiting it. He felt that the
public has a right to use of this access.
There were no other comments from the public and the public
hearing was closed.
Councilmember Grabek stated that the purpose of this city
right-of-way is not for use by motorized vehicles and should
be limited to protect the peace of the adjacent neighbors.
Councilmembers Adams and Hammerel agreed wi�h Councilman
Grabek' s statement.
Councilmember Frahm stated that the hours of use by motorized
vehicles should be limited in an attempt to solve the problem
before totally restricting motorized vehicles.
Public Works Caordinator Gerhardson stated that there is a
problem entering the intersection due to the steepness as
brought up by Mr. Tesar.
. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 25, 1985. PAGE3
HIGHWOOD PUBLIC ACCESS continued
It was moved by Councilmember Adams, seconded by Mayor
Butler, that the City Council direct staff to prepare a
resolution, including citing of complaints for document-
ation, restricting the access in the manner and utilizing the
means outlined in the attached materials. Motion, Ayes 5,
Nays 0 .
CONSENT AGENDA*
It was moved by Councilmember Hammerel, seconded by
Councilmember Adams, to approve the Consent Agenda* subject
to removal of item #21 Ulrich Property upon request.
Motion, Ayes 5, Nays 0.
APPROVAL OF MINUTES*
It was moved by Councilmember Hammerel, seconded by
Councilmember Adams, to approve the Minutes of the regular
November 12 , 1985 Council meeting as submitted. Motion,
Ayes 5 , Nays 0.
PARR COMMISSION COMMENTS
There were no comments from the Park Commission at this time.
I,ARE MINNETONRA CONSERVATION DISTRICT REPORT:
LARE MINNETONRA USE AND ACCESS
LMCD Representative JoEllen Hurr was present for this
matter. She reported that new officers were elected and she
was elected a Vice Chairman of LMCD and Chairman of Lake
Structures and Use Committee.
Regarding the Lake Minnetonka Use issue, JoEllen stated that
the LMCD is interested in being the accountant of parking
places for access to Lake Minnetonka only. She stated that
the LMCD feels that the city' s are the best judges of where
parking and public accesses should be.
JoEllen Hurr reported that the first reading regarding
regulating the number of boats allowed to be docked at
private docks was passed being: One boat per 50 feet of
lakeshore allowed and a one time permit fee to register and
prove ownership of more than one boat.
It was moved by Councilmember Frahm, seconded Councilmember
Adams, that Orono City Council table the issue regarding Lake
Minnetonka use and access until its January 13 , 1986 meeting
in order to allow appropriate time to review Metropolitan
�ouncil' s Lake Minnetonka Task Force report. Motion, Ayes
5, Nays 0 .
PLANNING COMMISSION COMMENTS
There were no comments from the Planning Commission at this
time.
�
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 25, 1985. PAGE4
PUBLIC COMMENTS
John C. Ericson Sr. , 1620 Shadywood Road, was present to
address the Council. He stated that he had previously
appeared before the Council requesting to build a house on
Shadywood Road, which Council denied. He referred to his
letter and survey in their packets. Mr. Ericson believes
that even though his two lots were legally combined for tax
purposes, these lots were platted in 1896 as buildable 60 '
lots and the City should allow him to build on his lot. He
noted that when the sewer came through, a stub was provided
for both lots. Mr. Ericson requested the Council reconsider
this matter. He also noted that he is willing to take this
matter to the courts to decide.
City Administrator Bernhardson noted that Mr. Ericson never
filed a formal subdivision application, only an appeals
application seeking an interpretation of the code.
City Attorney Blatz noted that the courts tend to require
that all formal procedures be exhausted before going to
court.
Mayor Butler stated that the problem is that the property was
legally combined and needs to be legally subdivided to build.
Councilmember Adams stated that he felt that there could be
13 to 16 potential situations just like Mr. Ericson ' s, and
therefore it is worth taking to court.
Councilmember Frahm indicated agreement with Councilmember
Adams.
Mayor Butler advised Mr. Ericson that if he wishes to pursue
this matter he should go through the formal subdivision
procedure.
Curt Quady, 1223 Brown Road S. , was present and questioned if
the City' s appraiser would be making appointments to
appraise the Crystal Bay properties.
City Administrator Bernhardson stated that they are in the
process of working on details regarding the process of doing
the appraisals in Crystal Bay.
Mr. Quady questioned the actual lacation of the Spates public
access, which City Administrator Bernhardson clarified for
him.
Mr. Quady also noted that he is against closing and/or
regulating of public accesses.
. MINUTES OF THE REGUI�R ORONO COUNCIL MEETING HELD NOVEMBER 25, 1985. PAGE5
ZONING ADMINISTRATOR'S REPORT:
�852 WILLIAM GREGORY*
1410 SHORELINE DRIVE
It was moved by Councilmember Hammerel, seconded by
Councilmember Adams, to table this matter until the December
9, 1985 meeting. Motion, Ayes 5, Nays 0 .
�972 SHAVER/TEARSE
1080 WEST FERNDALE
VARIANCE
RESOI,UTION �18 8 6
Jim Shaver was present for this matter.
Mayor Butler stated she had a problem recognizing property
that is lakebound, but does not have a problem 'with �
applicants ' utilization of city right-of-way to maintain a
dock.
It was moved by Councilmember Frahm, seconded by
Councilmember Hammerel, to adopt Resolution #1886 as
drafted. Motion, Ayes 5 , Nays 0.
#974 ERIC J. CHRISTENSEN
900 NORTH SHORE DRIVE WEST
FINAL SUBDIVISIOAi
RESOLUTION �1887
Eric J. Christensen was present for this matter.
It was moved by Councilmember Frahm, seconded by Mayor
Butler, to adopt Resolution #1887 approving final
subdivision as drafted. Motion, Ayes 5, Nays 0.
�980 RIC�ARD M. REAVENY* #982 JOHN C. LAMBIN*
3423 SHORELINE DRIVE 3405 SHORELINE DRIVE
PRELIMINARY SUBDIVISION COMML�RCIAL SITE PLAN REVIEW
& CONDITIONAL USE PERMIT
It was moved by Councilmember Hammerel, seconded by
Councilmember Adams, to table these applications, per staff
recommendation, until right-of-way, traffic flow and
parking issues are resolved and staff is able to present a
comprehensive plan. Motion, Ayes 5, Nays 0 .
#986 GEORGE ROVEGNO
2010 SHORELINE DRIVE
VARIANCE/CONDITIONAL USE PERMIT
Mr. & Mrs. George Rovegno were present for this matter.
City Administrator Bernhardson reviewed the background of
applicants ' fence to date.
City Attorney Blatz stated that it was her legal opinion that
a fence is not permitted within ?5 ' of the lake without a
variance, based on reviewal of Section 10 . 22 Subdivisions 1 &
2 and Section 10. 03 Subdivision 2.
� MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 25, 1985. PAGE6
#986 ROVEGNO continued
City Administrator Bernhardson understood and agreed with
Attorney Blatz ' s opinion.
Councilmember Grabek stated he was in favor of complete
removal of the fence as soon as possible and applicant should
have been ticketed for constructing the fence at the very
beginning. He stated that it would be setting a precedent by
approving the fence.
Mayor Butler indicated her agreement with Councilmember
Grabek.
Councilmemb�r Adams believed through various interpre-
tations that a 3-1/2 ' fence was legal, but if it is illegal, it
should be removed. '
Councilmember Hammerel reflected Councilmember Adams
previous misunderstanding that a 3-1/2 ' fence was legal, but
was opposed to fences around the lake.
Councilmember Frahm stated he did not like the fence but
feels property owners have the right to prevent trespassing
and damage to th�ir property. He felt that these problems
and a solution should be addressed. He suggested
consideration of the "opaque" fence.
Zoning Administra�or Mabusth stated that she did suggest a
fence to Mr. Rovegr�o to solve his trespassing problem. She
noted that the intt:�nt was a 3-1/2 ' fence and not a "privacy"
f ence.
George Rovegno sta�.ed that he would be willing to take the
fence down by the access. He noted that he is not interested
in a variance or cc�nditional use permit, he just wants his
privacy. He stated ���hat he will abide by any decision made by
the Council and go from there, and that his intent was not to
upset the neighbors.
Councilmember Frahm stated that lack of privacy goes with
that type of lakeshore property, but the trespassing on
private property should be dealt with.
It was moved by Councilmember Grabek, seconded by Mayor
Butler, to require the fence and posts be removed completely
by December 15th, 1985 . Motion, Ayes 4 , Nays 1.
Councilmember Frahm voted nay stating he was in favor of a
variance for a 3-1/2 ' opaque fence.
It was moved by Councilmember Adams, seconded by
Councilmember Frahm, to instruct staff to work with
applicant for an acceptable solution to his trespassing
problem. Motion, Ayes 4 , Nays 1. Councilmember Grabek
stated that too much expense and staff time has been spent
already in this matter.
For clarification, applicant was instructed to come up with
an alternative solution and submit to staff.
, MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 25, 1985. PAGE7
CITY ENGINEER'S REPORT
City Engineer Cook had no report at this time.
PUBLIC COMMENTS
-Mr. Curt Quady stated that he has been unable to get the city
to put a load of gravel on his driveway so he can drive on it
reasonably.
Mayor Butler instructed City Engineer Cook to help resolve
the matter of gravel for Mr. Quady.
-Norma Godfrey stated that she felt the city was setting a
precedent by adjusting the variance fee charged in the
Rovegno application.
Mayor Butler stated that the reduction of fee was made in -'�
order to get applicant to appear.
-LaDean McWilliams, cited a state statute regarding the
safety hazards involved in Mr. Rovegno' s fence, and stated he
should have been prosecuted.
City Administrator Bernhardsonindicated that exceptfor the
fee, Mr. Rovegno was treated in the same manner as all other
persons with after-the-fact variances and that the fee
matter would be rectified.
MAYOR'S REPORT
Mayor Butler had nothing to report at this time.
CABLE TV
Councilmember Frahm reported that approximately $81, 000 in
fees have been obtained which will be more than adequate. He
recommended the city look at an ordinance for regulating
satelite dishes. He also noted that the commission has
hired a part-time Cable Administrator.
SENIOR CITIZENS
Councilmember Frahm reported that they are looking for more
block grant funds. for another medical van.
Councilmember Frahm also noted that there is not a social
worker from Hennepin County in this area which is a problem.
CITY ADMINISTRATOR'S REPORT:
MUNICIPAL STATE AID STREET SYSTEM
It was moved by Councilmember Frahm, seconded by
Councilmember Hammerel, that the Council accept report which
designates appropriate streets within the community as its
Municipal State Aid system and that Glenn Cook be directed to
prepare the appropriate capital plan needs assessment for
submission to the Council and subsequent submission to the
State of Minnesota prior to March l, 1986 . Motion, Ayes 5,
Nays 0 .
. MINUTES OF THE REGULAR ORONO CO[JNCIL MEETING HELD NOVEMBER 25, 1985. PAGE8
POLICE OFFICER EMPLOYMENT
It was moved by Mayor Butler, seconded by Councilmember
Adams, that the Council direct staff to implement the
recommendations as outlined in staff inemo dated Novemb�r 21,
1985. Motion, Ayes 5, Nays 0.
YEAR END MEETING
It was moved by Mayor Butler, seconded by Councilmember
Frahm, that the Council have a special meeting to consider
year end business at 5 :00 PM, Monday, December 23, 1985, with
the appropriate agenda posted in advance of that meeting.
Motion, Ayes 5, Nays 0 .
LIQUOR STORE OPERATIONS
It was moved by Councilmember Adams, seconded by
Councilmember Hammerel, that discussion regarding the
operation be tabled untilDecember 9, 1985. Motion, AyesS ,
Nays 0 .
BONESTROO - 1986 FEE SCHEDULE*
It was moved by Councilmember Hammerel, seconded by
Councilmember Adams, that City Council accept the proposed
rates as an amendment to its contract with Bonestroo and
Associates for engineering services. Motion, Ayes 5 , Nays
0 .
SPATES PUBLIC ACCESS*
RESOLIITION #1$89
It was moved by Councilmember Hammerel, seconded by
Councilmember Adams , that the Counciladopt Resolution #1889
to temporarily delay the opening of the Spates Avenue access
from 1 December 1985 to 15 December 1985. Motion, Ayes 5 ,
Nays 0.
ADMINISTRATIVE & PERSONNEL RULES*
RESOLUTION #1890
It was moved by Councilmember Hammerel, seconded by
Councilmember Adams , that the City Council adopt the
personnel rules as amended by adoption of Resolution #1890
which will implement the rules effective 1 December 1985 .
Motion, Ayes 5, Nays 0 .
WHITE BEAR ANIMAL CONTROL COIdTRACT*
It was moved by Councilmember Hammerel, �econded by
Councilmember Adams, that the City Council direct staff to
enter into appropriate contractual arrangements with White
Bear Animal Control for animal control services for 1986 .
Motion, Ayes 5 , Nays 0 .
REFUND BUILDING PERMIT - CRIS BOI�LIS*
It was moved by Councilmember Hammerel, seconded by
Councilmember Adams, that the City of Orono refund $937 .75 to
Mr. Chris Bollis because of double payment for a building
permit. Motion, Ayes 5 , Nays 0.
• MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 25, 1985. PAGE9
ULRICH PROPERTY
City Administrator Bernhardson updated the Council
regarding the construction being done on the Ulrich
property. He noted that, due to a lack of information, the
Planning Commission has recommended that staff stop all work
both landscaping and building on the site, however, staff
does not feel that such a blanket stop work is appropriate
particularly since the violations have been in the
landscaping portion.
City Administrator Bernhardson stated staff recommends the
following:
a) Permit construction of the building within applicable
codes and ordinances.
b) Stop all landscaping work pending consideration by
Council of the conditional use permits and variances
with the exception of :
1 ) Complete filling of the trench utilized to hook
to sewer in Bohn' s Point Road.
2 ) Complete backfill around the house.
3 ) Removal of stockpiled dirt from right-of-way.
H.L. and Virginia Sweatt, 3225 Bohn' s Point Lane, were
present for this matter.
Mr. Sweatt stated that this property has been undergoing a
filling operation for the past two years which has culminated
in 14 , 000 cubic yards of fill. His concern is the basic
level of the land being raised with the new 2 story house being
built on top which blocks views. He stated he felt that this
project has not been closely monitored by the city and agrees
with the rationale of the Planning Commission' s
recommendation for a stop work order.
Zoning Administrator Mabusth explained the floodplain
elevations noting the house or basement f loor has been placed
at the lowest allowed elevations and not on fill. She
further explained the building and zoning code standards
regarding the "mean" height of a structure f rom the f inished
grade.
Virginia Sweatt stated that she felt the size and height of
the house will overshadow their propErty and is
inappropriate for the area. She stated the City should have
maximumsize restrictions. Sheinvited the Councilto visit
their home and property to view the construction.
City Administrator Bernhardson stated staff will review the
ordinance to determine if the house is legal within their
present ordinances and also determine if ordinances are
lacking. He noted that staff will report back at the December
9th meeting.
��
. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 25, 1985. PAGE10
ULRICH PROPERTY continued
Mr. Sweatt noted that it was recommended at the Planning
Commission meeting that there be weekly road maintenance and
repair done by the applicant.
It was moved by Councilmember Adams, seconded by
Councilmember Grabek, that the City Council concurs in the
actions staff has undertaken in relation to development on
the property as outlined above. Motion, Ayes 5, Nays 0 .
1290 SPRUCE PLACE*
It was moved by Councilmember Hammerel, seconded by
Councilmember Adams, the City Council hereby authorizes
expenditure of up to $2,500 for removal of the house at 1290
Spruce Place and that the assessment be placed against the
property so that the City may recover its demolitiorr cost
upon sale of the property. Motion, Ayes 5 , Nays 0.
ADMINISTRATOR'S INFORMATION*
It was moved by Councilmember Hammerel, seconded by
Councilmember Adams, to accept City Administrator
Bernhardson' s Information report regarding: County Road 15 ,
Long Lake Library, Hardcover, and Hazardous Buildings.
Motion, Ayes 5, Nays 0 .
CITY ATTORNEY'S REPORT
City Attorney Blatz requested the Council enter into
executive session at this time.
LICENSES*
It was moved by Councilmember Hammerel, seconded by
Councilmember Adams, to approve the following permit:
Art Center of Minnesota-
One day set-up Permit for:
December 3, 1985
December 4 , 1985
December 5 , 1985
December 6, 1985
December 7 , 1985
(Holiday House)
Motion, Ayes 5, Nays 0.
BILLS*
It was moved by Councilmember Hammerel, seconded by
Councilmember Adams , to approve payment of the All Funds
Accounts and Liquor Store Accounts . Motion, Ayes 5, Nays 0 .
ADJOURNMENT 10:25 PM
It was moved by Mayor Butler, seconded by Councilmember
Frahm, to adjourn the regular Council meeting at 10 : 25 PM.
Motion, Ayes 5, Nays 0 .
AT .
c "� — �
� ,
, '���lr�''�\C �``���
thy M. lin, City Clerk Mary C. But�er; Mayor 1
�.._.�