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HomeMy WebLinkAbout07-23-1990 Council Minutes• • ry MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 23, 1990 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, and Councilmembers Goetten, Nettles, Peterson and Callahan. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, Alternate City Attorney Lewis Smith, and City Recorder Scheffler. CONSENT AGENDA* City Administrator Bernhardson noted that item #14, Pump Well #3 Amendment, is to be removed from the Agenda. It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the Consent Agenda. Motion, Ayes -5, Nays -0, Motion passed. APPROVAL OF MINUTES* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the Minutes of the Regular Council Meeting held July 9, 1990. Motion, Ayes -5, Nays -0, Motion passed. PUBLIC COMMENTS: There were no comments from the public. PARR COMMISSION COMMENTS: Park Commission Vice -Chair Vongries stated that the Park Commission would like to receive the plans. for any new subdivisions occurring in Orono. He asked if the plans would be sent to Park Commission Members at the same time the information is sent to the Planning Commission. He said, "Our feeling is that it may be more appropriate to have land dedicated to fulfill the needs of the community with respect to parks, bike /hike trails, etc. We wish to be able to review a new subdivision to see whether land dedication would be appropriate. We are asking the City Council to establish a formal procedure to assure that the information is received by the Park Commission." Mayor Grabek stated that it is a good idea for the Park Commission to receive new subdivision information and assured Vongries that staff will send the information to them. ZONING ADMINISTRATOR'S REPORT: 11334 REBERS CONSTRUCTION SUGARWOODS PLAT RECONSIDERATION OF CONDITIONS OF Bernhardson requested that August 13, 1990 Council Meeting. PRD APPROVAL this item be tabled until the - 1 - I • .- 6 ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 ZONING FILE #1334 - REBERS CONSTRUCTION CONTINUED • It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to table this matter until the August 13, 1990 Council Meeting. Motion, Ayes -5, Nays -0. Motion passed. #1429 RALPH BURGESS 2610 WEST LAFAYETTE ROAD VARIANCE REVISED PROPOSAL RESOLUTION 12837 Mr. Mike Peters was present as the representative for Mr. Burgess. Bernhardson explained that Mr. Burgess has significantly revised his requests following Council's review of this application several months ago. He stated that Mr. Burgess is now seeking a hardcover variance so that he can replace the existing detached garage on the property. Gaffron noted that existing hardcover on this property currently exceeds 25 %. He stated that Council has an opportunity to reduce the amount of hardcover on this property since Mr. Burgess is removing the existing garage. Gaffron said that is the reason this is being presented to Council even though Mr. Burgess is not proposing to increase hardcover. Councilmember Goetten stated that she did not applicant's request to re- construct the detached questioned whether it would be appropriate for Commission to review this application. She said, Commission has not seen this particular plan r property." object to the is garage. She the Planning "The Planning egarding this Gaffron replied, "The garage will be constructed in the same location and same dimensions as the existing garage. Council tabled this application when it was last reviewed. That is why staff has brought it back to Council without Planning Commission review." Mr. Peters commented that the request is very simple and that Mr. Burgess wishes to proceed with this as soon as possible. Mayor Grabek asked staff whether they felt it necessary to refer the application back to the Planning Commission. Gaffron replied, "In my opinion, it is not necessary." Councilmember Callahan stated that it is a good policy to consider whether referral to the Planning Commission is appropriate in these situations. Callahan also questioned whether there are two garages on this property. - 2 - 0 ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 • ZONING FILE #1429- BURGESS CONTINUED Gaffron stated that there is a two -car garage attached to the house. Mr. Peters added that the attached garage is very small. Nettles did not believe it was necessary to refer the matter back to Planning Commission because the new structure will be the same as what exists now. He added that it is getting late in the construction season. Callahan said that he is concerned about two garages on the property when there is excess hardcover. He stated that he did not want to see the driveway area increase as part of the garage replacement. Callahan also asked that notice be given to future owners of this property that hardcover cannot exceed 33.7% existing now. Mr. Peters said, "We are only trying to make the property marketable. Mr. Burgess purchased the property with the intentions of tearing it down. The only part of the house that has any real value is the foundation. We would not do anything more than what we can to facilitate selling the property." In response to Callahan's third concern, Gaffron stated that • a standard advisory clause will be included in the resolution advising future owners of this property that hardcover cannot increase. It was moved by Councilmember Nettles, seconded by P4ayor Grabek, to adopt Resolution #2837, granting a hardcover variance to construct a detached garage. The resolution is to include a clause which will place future owners of this property on notice that hardcover in the 75 -250' zone is not to exceed 33.7 %. Motion, Ayes -5, Nays -0. Motion passed. #1445 GREGORY PETERSON 1355 ARBOR STREET VARIANCE RESOLUTION #2838 Mr. Peterson was present. Bernhardson provided a summary review of this application (see Jeanne Mabusth's memo dated July 19, 1990). Mabusth added that Mr. Peterson has provided a sketch showing the fencing plan for the entire yard. Mr. Peterson stated that the fence had been included in the permit that he obtained for the porch and pool. • Mabusth replied, "If the fence had been included in the pool - 3 - ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 ZONING FILE #1445- GREGORY PETERSON CONTINUED • permit, it would have alerted staff at that time to the need for a variance for the fence. Did the valuation given for the pool permit include the fencing ?" Mr. Peterson stated that the fence value was included in that permit. Mabusth stated that it would be necessary for staff to review the pool permit application. Councilmember Peterson referred to a letter from Mrs. Barb Garcia that had been submitted by Mr. Peterson in support of the fencing. She noted that Mrs. Garcia had not signed the letter. Mr. Peterson explained that the letter was not signed because both he and Mrs. Garcia have been out of town. Councilmember Peterson stated that she would like to have the letter signed. Bernhardson advised that staff will ask Mr. Peterson to obtain Mrs. Garcia's signature. Councilmember Peterson stated that she has had a problem with this application from the very beginning. She said, "There was extensive conversation regarding the location of the fence in • relation to the pool. I understand the need for a 5' fence. However, the north side of the property is heavily vegetated with an existing chain link fence. Wouldn't it be possible to use chain link rather than wood. I am opposed to the boxing -in effect and chain link would not be so opaque." Mr. Peterson replied that chain link fencing is more expensive than wood. He added that there is currently wood fencing around other portions of the property and he would like a more uniform appearance. Councilmember Goetten also expressed concern about "boxing in" the property with fencing. She said, "The Petersons took exception to the first Council decision, which was then changed. They took exception to the fact that Council approved fencing around the pool and placed it around the yard. They were then given approval to put fencing around part of the yard. The Petersons were told to come back for approval for the rest of the fencing. There was confusion about that request as the Petersons did not believe it was necessary to come back to the Council. I want to be sure that whatever decisions we make this evening are very clear and fully understood by the Petersons. I cannot vote in favor of this application. I believe it sets a poor example to allow a yard to be completely fenced." • - 4 - ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 • ZONING FILE $1445- GREGORY PETERSON CONTINUED Mr. Peterson stated that the Planning Commission had not expressed any problem with the fencing proposal. Councilmember Peterson said, "The Planning Commission may have interpreted your request for a fence to be around the pool, not around the yard." It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2838, granting the street /front setback and height variances to construct a fence, subject to Mrs. Garcia's letter being properly executed and to staff's determination regarding a permit. Motion, Ayes -2, Callahan, Peterson, Goetten, Nay. Motion failed. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to conceptually deny the application of Gregory Peterson for front /street setback and height variances to construct a fence. Callahan noted that Mr. Peterson is required to have a 5' fence. Goetten stated that Mr. Peterson's insurance company is requiring a 5' fence around the pool, not around the yard. Mabusth stated that Mr. Peterson has the right to place a 5' fence out of the 50' setback areas along the side yard. Callahan stated that since opaqueness of the fence seemed to be the objection it may be appropriate to require that chain link be used rather than wood. Mr. Peterson indicated that he is opposed • to chain link. Nettles suggested allowing a 3z' wood fence with lz' of lattice board on top to reduce the opaque nature. Mr. Peterson stated that the wood sections he intends to use are 514 ". Mr. Peterson indicated that he has considered removing every other picket to make the fence less opaque. Motion, Ayes -2, Grabek, Nettles, Callahan, Nay. Motion failed. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to adopt Resolution #2838, granting the street /front setback and height variances to construct a fence, subject to every other picket being omitted from the fence, the letter from Mrs. Garcia be executed, and staff's determination regarding a building permit for the fence. Motion, Ayes -3, Goetten and Peterson, Nay. Motion passed. #1473 JACQUELYN KELLY 2056 SHADYWOOD ROAD AFTER - THE -FACT VARIANCE Mr. Dennis Johnson, Ms. Kelly's Attorney, was present on her behalf. Bernhardson informed Council that Ms. Kelly is presenting a revised plan from the original that she proposed when Council last reviewed this application. He noted that plastic underlining would be removed from existing rock beds and in the • 250' - 500' zone, fabric would be placed beneath the landscaping. - 5 - ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 ZONING FILE #1473 -KELLY CONTINUED • Mabusth added that hardcover will be reduced 982 s. f., or 4.70. This further reduction would bring the total hardcover to 52.5% for the entire property. Mr. Johnson noted that approximately 3' of deck would extend beyond the average setback line. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to conceptually deny the after - the -fact variances for Jacquelyn Kelly. Goetten stated that hardcover on the lot is more than double what is allowed. She also objected to deck structure encroaching into the average lakeshore setback area. Staff is directed to prepare a resolution of denial to present at the August 13, 1990 Council Meeting. Motion, Ayes -5, Nays -0. Motion passed. #1502 MICHAEL HILBELINK 2180 PROSPECT AVENUE VARIANCE RESOLUTION #2839 Mr. Hilbelink was not present for this matter. Mr. Jentilucci, adjacent property owner, and his Attorney, Neil Heikkila, were present. Mayor Grabek indicated that Mr. Hilbelink had no concerns regarding the Resolution presented for Council to adopt this • evening. Bernhardson stated that the drainage issue has been addressed since Council's last review of this application. He said, "The City Engineer has worked with Mr. Jentilucci, Mr. Hilbelink and the property owners' association to the rear. It will be necessary to excavate 150 cubic yards from the French Creek property to alleviate ponding above the 952 elevation. The Homeowners' Association has agreed to allow the excavation and the temporary easements necessary. Mr. Hilbelink has agreed to pay for the excavation portion of the project which will be done through a City contractor." Mr. Jentilucci expressed his appreciation for the efforts of the City to resolve the drainage problems. He stated that he was still concerned that development of the property could move the existing swale nearer to his property. He said that the swale is not on the property line, but is 10' to 15' into Mr. Hilbelink's property. Mabusth stated that Mr. Hilbelink is aware of the existing swale and has indicated that it will not be moved. She said, "Mr. Hilbelink is providing the City with 15 additional feet of drainage easement along his northern property line. Mr. Jentilucci has also agreed to execute an agreement." • - 6 - ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 • ZONING FILE #1502- HILBELINR CONTINUED Mr. Jentilucci asked when the drainage project would begin in relation to construction of Mr. Hilbelink's house. Mayor Grabek asked Mr. Jentilucci when he preferred that the work be done. Bernhardson stated that the work would more than likely be done before construction begins. Mr. Jentilucci stated that he wanted assurance that the drainage work would be done before there is any hardcover on Mr. Hilbelink's property. Mayor Grabek stated that the resolution would include language in accordance with Mr. Jentilucci's request. It was moved by Mayor Grabek, seconded by Nettles, to adopt Resolution #2839, as amended to include language requiring that the drainage project be completed before any hardcover exists on Mr. Hilbelink's property and that the existing drainage swale remain in its present location. Further, that Council approves the agreement between Mr. Hilbelink and the City regarding the division of costs for the drainage project wherein Mr. Hilbelink has agreed to pay $400.00. Motion, Ayes -4, Peterson, Nay. • Motion passed. Peterson objected to granting variances for a new residence. #1516 WHITNEY MACMILLAN 1560 FOX STREET FINAL SUBDIVISION APPROVAL RESOLUTION #2840* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2840, granting final plat approval for Mr. and Mrs. Whitney MacMillan. Motion, Ayes -5, Nays -0. Motion passed. #1527 LYNDON S. (BILL) STUBBS 2555 FOX STREET VARIANCE RESOLUTION #2841 Mr. Stubbs was present. Councilmember Callahan indicated that he concurred with the Planning Commission's recommendation that the lot should not be developed. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2841, granting a lot area variance for Mr. Bill Stubbs to develop property located at 2555 Fox Street. Motion, Ayes -4, Callahan, Nay. Motion passed. - 7 - ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 #1538 LAUREN BORN • 1432 SHORELINE DRIVE VARIANCE RESOLUTION #2842* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2842, granting hardcover and lakeshore setback variances for Mr. Lauren Born to construct access stairs and a landing at property located at 1432 Shoreline Drive. Motion, Ayes -5, Nays -0. Motion passed. #1543 RICHARD C. REED 1000 OLD LONG LAKE ROAD VARIANCE RESOLUTION #2843* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to adopt Resolution #2843, granting an after - the -fact height variance for entrance monuments constructed at 1000 Old Long Lake Road. Motion, Ayes -5, Nays -0. Motion passed. #1552 STEVEN FOSTER 1800 SHADYWOOD ROAD VARIANCE DENIAL RESOLUTION The applicants were not present. Mayor Grabek noted that the applicants were not present for is the July 9, 1990 Council Meeting when this application was reviewed. He questioned whether it would be appropriate to vote on the matter without providing an opportunity for the applicants to express their views. Gaffron suggested that it may. be unusual to adopt the resolution in this case because the applicant has not been before Council at all. He added that staff did mail the information presented this evening to Mr. and Mrs. Foster. Mayor Grabek suggested tabling the application to allow staff the opportunity to verify that the applicants have in fact received the information mailed to them. Councilmember Callahan stated that he would be in favor of tabling the matter again this evening. He recommended that this be the last time that the matter is tabled. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this application until the August 13, 1990 Council Meeting. Motion, Ayes -5, Nays -0. Motion passed. • - 8 - ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 • ADMINISTRATIVE APPEAL JOHN WOJCIK 3310 BAYSIDE ROAD ADDITIONS TO RESIDENCE SECOND REVIEW Bernhardson briefly reviewed this matter and the discussion and action taken at the July 9, 1990 Council Meeting. He noted that the information presented this evening included a listing of requests for additions to properties with similar septic capabilities (see Michael Gaffron's memo dated July 19, 1990). Mayor Grabek stated that the Wojciks could have additional persons move in and live with them tomorrow. He did not believe that adding an additional bathroom and increasing the size of a bedroom would necessarily increase the septic system usage. He said that if the Wojciks were adding a bedroom, he would have reason for concern. Councilmember Goetten was concerned about doubling the size of the master bedroom. Councilmember Peterson concurred with Grabek in that the number of bathrooms does not indicate the amount of use each will have. • It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve the request of the Wojciks' to add an additional bathroom to their existing residence. Callahan asked what the Wojciks must do if their septic system fails. Gaffron replied that they would likely have to use a holding tank until such time that City sewer is available. Bernhardson suggested that the applicants could be asked to sign a hold harmless agreement. He stated that such an agreement would protect the City in the event the septic system does fail. Mayor Grabek asked Mr. Wojcik if he would object to signing such an agreement. Mr. Wojcik stated that he would have no objections. Motion, Ayes -4, Goetten, Nay. Motion passed. Goetten stated that she did not object to the Wojciks' application, but was concerned about the septic system. She added that Michael Gaffron is the City's septic inspector and that she supports his recommendations. Gaffron indicated that it would be necessary for Mr. Wojcik to submit a survey and go through the variance process for the side setback variance that may be required for the addition. MAYOR /COUNCIL REPORT: OTHER: Councilmember Callahan stated that there are an increasing number of properties that have more hardcover than the City has • approved or allows. He suggested that staff research possible - 9 - ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 MAYOR /COUNCIL REPORT -OTHER CONTINUED • methods of holding property owners responsible when they exceed the allowed or approved hardcover. He suggested that applicants seeking hardcover variances be required to post a bond, or other form of security, to protect future property owners. He stated that the security would be filed against the chain of title for future reference. Callahan stated that it is unfair that subsequent property owners be held responsible for the actions taken by previous owners. Bernhardson stated that staff would research the matter and bring the information back for Council's review. Councilmember Peterson stated that she would like to receive Council Packets earlier in the week. Bernhardson stated that staff is attempting to send Zoning application information ahead of the Council Packets to provide Council with more review time. Councilmember Callahan informed Council of the new subdivision that will be presented for their review. He stated that the property is located between County Road 15 and County Road 19, off of Old Beach Road. He suggested that Council may wish to consider whether it is appropriate to have a moratorium on developments that involve wetlands. He stated. that • residential structures are encroaching closer and closer to wetlands because of the low water. Callahan believed that it may be necessary for the City to re- examine its present wetland ordinances in light of the increasing developments near wetlands. Councilmember Goetten concurred with Callahan. She also asked staff to provide Council with more information regarding the new law for compensatory replacement of wetland area that is filled. Callahan asked staff to provide Council with information regarding the regulations established by other cities to regulate marinas and docks. Mayor Grabek noted that the committee established to raise money for the Orono Schools has asked the City to provide $250.00 to $300.00 for an Octoberfest celebration sign. He stated that the sign would be re- usable. He asked staff to present a memo regarding the donation for the August 13, 1990 Council Meeting. APPOINTMENTS PROCESS Mayor Grabek stated that this matter was tabled at the July 9, 1990 Council meeting to allow full Council to vote. He said that he did not believe there is need for a formal process. Councilmember Peterson stated that paragraph #6 is not • - 10 - ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 • APPOINTMENT PROCESS CONTINUED necessary. Peterson also suggested revising paragraph #2 by eliminating all words following the words "further solicitation of people ". She believed that the additional language made it sound as though Council could pick and choose persons they wished to have participate in the process. Bernhardson explained that the purpose of paragraph #2 is to allow applications received between the deadline date and the Council Meeting to be included in the process. Councilmember Nettles believed that paragraph #6 is necessary. He stated that thank you letters were not sent immediately following the Park Commission appointment. Councilmember Callahan suggested that paragraph #4 state that Council "may" hold interviews, rather than Council "will" hold interviews. He further suggested the addition of language to the effect that lack of an interview will not automatically disqualify an applicant. It was moved by Mayor Grabek, seconded by Councilmember Nettles for the purpose of discussion, to continue the appointments process as it has been done in the past. Nettles stated that he would not vote for this process because he • believed there were wrong doings on behalf of the City. He viewed the process presented this evening as more of a directive to staff as to how the process will be handled in the future Peterson agreed with Nettles. Grabek withdrew his motion. It was moved by Nettles, seconded by Peterson, that the advisory board selection process, with the revisions noted by Callahan, Peterson, and Nettles, be a directive to staff for future reference. Motion, Ayes -5, Nays -0. Motion passed. CITY ADMINISTRATOR'S REPORT: TRANSIENT MERCHANTS Bernhardson suggested that Council may wish to re- examine the Transient Merchant Ordinance. He suggested that Council may wish to more specifically define the word "transient" and limit the number of days such a merchant can operate from a particular location. Councilmember Peterson asked Bernhardson to clarify his definition of a permanent structure. Bernhardson replied that it would be necessary to obtain a building permit for such a structure. It was moved by Councilmember Callahan, seconded by Mayor • Grabek, to direct staff to further research a method of - 11 - ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 TRANSIENT MERCHANTS CONTINUED • efficiently limiting and controlling transient merchants. Motion, Ayes -5, Nays -0. Motion passed. LAKE USE MANAGEMENT Bernhardson reported that he and Councilmember Callahan attended the June 11, 1990 Plan Review Meeting to discuss the LMCD'S response to Orono's comments.. He presented to Council the preliminary comments of the consultant regarding Orono's comments. Bernhardson stated that the initial comments were disappointing, but that additional comments are expected sometime in August. Council accepted the information presented and took no formal action. REQUEST FOR SITE VISIT Bernhardson presented information regarding a site visit to the location on which Wayzata is proposing to construct a public works facility. Bernhardson suggested that Council may wish to have a general discussion of the issues of public facilities at their August 13, 1990 meeting. Mayor Grabek agreed that the issue should be discussed at the next meeting. He asked Bernhardson to contact each Councilmember to determine an appropriate date for the site visit. There was no formal motion. • 1991 BUDGET PROCESS Bernhardson stated that he was unable to provide attachment C this evening. He said that Council has to adopt the maximum levy by August 27, 1990, but that it can be reduced anytime prior to the final hearing in December. It was agreed that Council would meet on August 22, 1990, at 4:00 p.m. to review the budget. —Callahan suggested that if the purpose of the meeting is only to set, the: maximum levy, that a meeting may not be necessary. Bernhardson suggested that Council reserve August 22, 1990 for a possible meeting. He stated that he would schedule this matter for the August 13th Council Meeting to inform Council of what the maximum levy will be. They can either vote to approve it on the 13th of August, or meet the 22nd. It was the consensus of Council to proceed as Bernhardson recommended. • - 12 - ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 1988 BUILDING CODE ADOPTION - ORDINANCE It was moved by Councilmember Callahan, seconded by Mayor Grabek, to table this item. Motion, Ayes -5, Nays -0. Motion passed. ASSESSING SERVICES CONTRACT ADDENDUM* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve adoption of Addendum #1 of the Assessing Services Contract as outlined in Attachment B. Motion, Ayes -5, Nays -0. Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: 1972 Shadywood Road, Electrical Utilities Territories, Peterson /Stodola, and Highway 12 Corridor Study. Motion, Ayes -5, Nays -0, Motion passed. CITY ATTORNEY'S REPORT: There was no City Attorney report. LICENSES* There were no licenses to approve. BILLS* • It was moved by Councilmember Peterson, Account. Motion, Ayes -5, n Councilmember Nettles, seconded by to approve payment of the All Funds Nays -0, Motion passed. ADJOURNMENT 8:20 P.M. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adjourn the Regular Council Meeting at 8:20 p.m. Motion, Ayes -5, Nays -0, Motion passed. ATTAST: "�EZ4-/n 104�- thy DkrtHallin, City Cler - 13 - I R. . - �* W11