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HomeMy WebLinkAbout03-13-1995 Council Minutesa ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 139 1995 • ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, and Charles Kelley. Council Member JoEllen Hurr arrived at 8:00 p.m. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. ( #1) DONATION OF WILDLIFE PRINT TO CITY BY DAVID MAASS Moorse introduced local artist, David Maass, who is internationally known as a wildlife artist, to the Council. Maass was present at the meeting to present to the City a print of bufflehead waterfowl flying over Maxwell Bay in Lake Minnetonka. Norenberg Park is pictured in the background. Park Commissioner Lili McMillan was instrumental in the donation of this print. Moorse thanked Maass for this contribution. Mayor Callahan extended his appreciation for the privilege of hanging the print in the council chambers. Maass responded that it was an honor to display the print here. • At this time, Callahan also recognized Mike Gaffron, Assistant Planning and Zoning Administrator, in his receipt of a certificate of appreciation for his contribution to the Minnetonka Power Squadron and to safe boating through education. • ( * #2) CONSENT AGENDA Items 95, 6, 7, 16, and 17 were added to the Consent Agenda. Goetten moved, Kelley seconded, to approve the Consent Agenda as amended. Ayes 4, Nays 0. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF FEBRUARY 27, 1995 Goetten moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of February 27, 1995. Ayes 4, Nays 0. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 13,1995 PARK COMMISSION COMMENTS - LH J MCMILLAN • (#4) CRYSTAL BAY PLAYGROUND CONCEPTUAL PLAN Park Commissioner McMillan asked the Council for approval of the conceptual plan for the Crystal Bay PIayground. The park will be developed in two phases. The first phase, which is planned to be completed this year, will include the installation of two -rail dimension board fencing not to exceed 42" in height, playground equipment, clean up of the playfield, and landscape plantings along the fenced areas and north edge of post office. Bids will be going out this month for the project and will be brought back before the Council for approval. McMillan reported that the second phase was more complex, and the Commission hopes to receive assistance from the Community in this endeavor. Kelley moved, Jabbour seconded, to approve the conceptual plan asking that the Commission be sensitive to any environmental needs of the site. Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS - CHARLES NOLAN REPRESENTATIVE There were no continents. PUBLIC COMMENTS There were no public comments. • ZONING ADMINISTRATOR'S REPORT ( * #5) #1457 ALAN G. CARLSON, CRYSTAL CREEK SUBDIVISION - REQUEST TO EXTEND PRELIMINARY SUBDIVISION APPROVAL - RESOLUTION #3536 Goetten moved, Kelley seconded, to adopt Resolution #3536 granting a fourth extension of preliminary subdivision approval now extending the effective date of preliminary subdivision approval to April 8, 1996. Ayes 4, Nays 0. ( * #6) #1929 AL SERAN, 4099 HIGHWOOD ROAD - VARIANCE - RESOLUTION #3537 Goetten moved, Kelley seconded, to adopt Resolution #3537 granting variances to lot area, lot width, side setback, lot coverage and 75 -250' hardcover for construction of a new residence at 4099 Highwood Road. Ayes 4, Nays 0. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 13,1995 (z #7) #1990 ROBERT W. CARLSON, 710 GANDER ROAD - VACATION OF EASEMENT RESOLUTION #3538 Goetten moved, Kelley seconded, to adopt Resolution #3538 for Robert W. Carlson of 710 Gander Road for a vacation of easement. Ayes 4, Nays 0. ( #8) #1992 JAMES AND JOANN JUNDT, 1420 BRACKETTS POINT ROAD - CONDITIONAL USE PEIL IITNARIANCES - RESOLUTION #3539 Gary Benson of Kraus Anderson Construction represented the applicants. Mabusth reported that this application is for hardcover variances in the 0 -75, a variance to allow for major repair of an oversized accessory super structure to include replacement of the upper portion of greenhouse with new aluminum and glass super structure and repair of brick foundation walls, and setback variances for structural repairs to the accessory garage, and a conditional -use permit and 0 -75' setback variance for the replacement of a retaining wall at the entrance to the lower level of the greenhouse. The accessory structure was formally recognized in October of 1993 as a nonconforming structure as it exceeds the allowed 3000 s.f in area for an accessory structure, which results in any structural repairs requiring variance approvals. Major repairs to the three - car garage include new fascia, roof, insulated windows and doors, and rafter details. The • garage also does not meet the required side setback of 15' and will require variance approval for structural repairs. Applicant has asked to add a pathway on the east shore line in the 0 -75' to the lakeside deck. The pathway was originally shown at 8' but was constructed at 4' wide and adds 160 s.f of new hardcover. An existing retaining wall is to be restored. The 160 s.f of walkway and 30 s.f of wall were not included in the original hardcover facts. The original improvement plan showed a 12' wide access drive. It was shown as a grassed drive with an underlying gravel bed that would not have been considered hardcover. The Planning Commission found no acceptable hardship to allow a new curb cut on the public roadway and 250 s.f of additional hardcover in the 0 -75' setback area. An amended site plan shows the 10' drive being removed and replaced with a grass lawn. It was noted that the 4' wide walkway and paved area are after- the -fact requests. The new curb cut should have required City approval. It was noted that there is no need to go onto the neighbor's property to make the required repairs. C7 The Planning Commission recommended unanimous approval of the application as amended excluding the paved drive within the 0 -75' setback area with new conditions. The 10' wide paved drive within the 0-75' setback area must be removed and groundcover restored no later than May 15, 1995. Applicant must provide written confirmation of a date when the new septic systems serving principal structure and detached caretaker residence are to be installed. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 13,1995 ( 93 - #1992 - James and Joann Jundt - Continued) Mabusth commented that Mr. Crosby was working with neighbors to petition for municipal sewer, but the area is not one Po°nLSRo list. 15W where an can be picked up is located at Bracke injector station could be installed to discharge into the d uie 995 construction period if Wayzata. The new septic systems must It was noted that a certificate of occupancy will be sewer is not approved for property• granted in the near future. Mr. Benson reported that the applicant was agreeable to removing the paved roadway but asked that the date for the restoration of ground cover be changed to a time of two weeks past the date when load limits are lifted off the roads. The Council agreed that June 1 was acceptable. Kelley felt that the 250' of roadway going up to the tennis court area should be allowed. the location, and Jabbour responded that the applicant was unable ° away from the area and be connected to the applicant could have moved the the roadway y the front driveway. Benson replied to the affirmative of chanuestion The Council also Mrs. Jundt wanted the driveway as proposed reiterated the need for a five -year comprehensive plan to Mr. Benson. • Jabbour moved, Goetten seconded, to approve Resolution #3539 with the Planning Commission recommendations and the date r e complete �9Aryes 4, Nays hardcover and • replacement of ground cover changed to (#9) #1996 GREGG PERL, 309 `VESTLAKE STREET - VARIANCE Mr. -Pert was not present. Mayor Callahan tabled Application #1996 to the next meeting of the Council. Staff will advise applicant that action will be taken at that time whether or not applicant is present. ( #10) #1997 SALLY AND JONATHAN LEBEODOFF, 1101 FERNDALE ROAD WEST - VARIANCES - RESOLUTION Mr. Robert Mitchell represented the applicants. Mabusth reported that the application is for removal and replacement of an existing principal structure on a property, which is impacted by both the'lagoon and the main d lake, which both have 75' setback requirements. Area and lot width variances are require the property is in a two -acre zone. The applicants seek a 90% area variance Iodated 17' width variance. The structure is located at a sub- standard lakeshore setback, from the main lake where 75' is required. The structure exists at 0 on the west side lot line where 10' is required. The east side lot line setback is at 11.7' where 10 is required, needing no variance. The property is also encroached by the flood plain at 931.5 elevation is 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 13, 1995 ( #10 - #1997 Sally and Jonathan Lebedoff- Continued) • The requirement of the DNR is for a minimum setback of 25' from the main lake. By moving structure 5' f rther from lake, the structure is now 2 from the west lot line and 70' from lagoon shoreline. The amended proposal also shows further reductions in hardcover in the 75 -250'. Attorney Mitchell said that Ceil Strauss of the DNR has agreed to allow the 20' after reviewal of the drawings. Mitchell said the DNR was most concerned with drainage to the lake. The lakeside yard is high so water drains back and holds to the rear of the property. The improvements will reduce the hardcover by 1000 s.f. Mitchell explained that the house is located behind the average lakeshore setback and did not impact the neighbors. If the setback of 20' is allowed, the setback from the neighbor, Mr. Bagley, will increase to P allowing space to access the structure if repairs are needed. Council agreed this was a better solution, but did need confirmation from the DNR on their agreement to the 20' lake setback. Jabbour moved, Kelley seconded, to approve Resolution #3540 as proposed by the applicant with Staff confirmation of DNR agreement to the 20' lake setback. Ayes 4, Nays 0. • ( #11) #1998 CRAIG WICKLUND, 3780 BAYSIDE ROAD - VARIANCES - RESOLUTION #3541 • Mr. & Mrs. Wicklund were present. Mabusth reported that the residence is 60 -70 years old, presently owned by the Anderson family. The Wicklunds would like to purchase the property and reconstruct a new home. The amended proposal would require area and lot width variances. There is a wetland to the north. One unit of sewer is available, and applicant would receive credit for the wetland. The 50' front/rear and 30' required side setbacks would be met. The easement driveway through the property to the immediate east has existed for years. A neighbor, Mr. Gardner, was concerned with the curb cut off Bayside and the possibility of trucks damaging this area, which is located within his property and not within the easement. The Planning Commission recommended approval. The new curb cut eliminates any problems with the neighbor's property. Both will use the drive to achieve access. The applicant is satisfied with the recommendation of the Planning Commission. Goetten moved, Kelley seconded, to adopt Resolution #3541 based on the findings and conditions of the Planning Commission recommendation. Ayes 4, Nays 0. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 13, 1995 ( #12) SEWER CONNECTION, 372 WESTLAKE STREET • The Applicants, Mr. & Mrs. Maeser were present, along with their attorney, Mr. Perlman. Gaffron reported that this property was looked at in 1992 regarding sewer connection. There are three tax parcels with a principal residence and two rental cabins located close to the lake, and one structure used for storage. The two cabins are non - conforming as they are too close to the shoreline. Further, the rental of cabins in a single family residential zone is also nonconforming. The property was assessed one sewer unit as part of the Stubbs Bay project. Assessing units for the cabins would have potentially created permanency for the cabins. It was noted that the house is located on two parcels. This area is a two acre zone. Gaffron reported the need to deal with the cabins at the same time as the principal residence is connected to sewer. Holding tanks are a possible temporary solution. Each unit would require separate connections. The connection charges would be $13,097 per unit or $26,000 plus $850 SAC to connect the cabins. The house and cabins are not yet connected to the sewer. At present, one septic system services all three structures. The drainfield is located less than 75' from the lake, and less than 3' above the water table. Staff has given several options for the owners as exhibited. Owners have requested option #4. This connects sewer permanently to the house only. The cabins would • temporarily continue to be used for rental property and must be removed after a defined period of time. This option requires the two cabins to be temporarily connected to sewer, but not have to pay the $26,000 connection charge. Callahan asked if this request was a result of city activity regarding the sewer system. Gaffron acknowledged this. Gaffron recommended allowing a time period not to exceed two years for the temporary sewer connection. Other options given were 1) discontinue rental use of cabins, abandoning the existing nonconforming septic system; 2) construction of a holding tank system for the two cabins, which requires intensive and expensive maintenance; and 3) allow cabins to be connected to municipal sewer on a relatively permanent basis, requiring payment of the connection charge. Option #3 would require a condition stipulating that the property could not be subdivided in the future. Gaffron said an option #5, not presented to the owners, would require immediate connection of the house to sewer but allow the cabins to remain on septic for a short time before removal. In relaying history as requested by Goetten, this property is in the Stubbs Bay sewer connection area. Mr. Maeser was informed previously about the one unit of sewer, and the cabins were left to be resolved at a later date. A letter was sent in August of 1994 regarding the need to connect to sewer. C 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 13, 1995 • ( #12 - Sewer Connection - Continued) Goetten voiced her concern with the need to hook up sewer for the house, but does not want cabins to be connected. She does not wish for a precedent to be set and wants to see that codes are met. Attorney Perlman reported he had discussed options with Mr. Weckman in 1994, and later with Gaffron, who indicated he would contact the owners with additional options. The letter from Gaffron sent last month was the next communication with the City according to Perlman. Perlman said that the owners are willing to connect the house to sewer. The issue of the cabins is their main concern as the cabins present a source of necessary income. It is cost prohibitive for the owners to connect both the cabins and house to sewer. Perlman said the owners are asking for option #4 and are resolved to remove the cabins, but wish to allow for a longer period of time before this occurred. The owners are willing to pay the costs involved to connect the house to sewer, pay the SAC fees, and permit fee. Kelley inquired of the current septic system. Gaffron said it had been added onto in 1980 and does present problems with the current code. It is handling the use by the two cabins at this time, but would need upgrading at the end of the stipulated two year period allowed for upgrade of nonconforming systems. Council questioned whether the cabins • were legally, or illegally, non - conforming. Gaffron said, due to the proximity to the lake, they were legally non - conforming as to location; but with no evidence in the files of any CUP for rental use, that use is likely not considered a legal non - conformity. • The condition of the storage building on the site was said to be mediocre. The parking for the cabin rentals was noted to be a blacktop area next to the main house. It was noted that the survey was not current but found to be accurate. Gaffron said that an updated survey was not needed for this request. The owners were asked if they knew at the time of purchase whether or not cabin rental was conforming. The applicants said they hadn't checked, but had thought so, since they were being rented at the time. Hurr moved, Jabbour seconded, to require the sewer connection to the house within 90 days; to permit rental of the cabins for such time as the code allows the septic system to remain until it is required to be upgraded; upgrading the septic system will not be allowed. The cabins must then be removed at that time. The owners are also required to combine the three parcels into one tax parcel. An agreement between the owners and the City will be drafted by the owners' attorney in conjunction with the City's attorney in order to ensure the owners will abide by these conditions. Barrett noted that if the septic system fails prior to the date allowed, the use of the septic system would have to be abandoned and the time period ended. Ayes 5, Nays 0. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 13,1995 (* #13) 1995 JOINT USE DOCK LICENSE - BIG ISLAND VETERANS CAMP - • RESOLUTION #3542 Goetten moved, Kelley seconded, to adopt Resolution #3542 directing Staff to issue a 1995 Joint Use Dock License to Board of Governors, Big Island Veteran's Camp. Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Mayor Callahan thanked the Council members for a job well done during his absence. Callahan reported that the LMCD approved Para- sailing on Lake Minnetonka allowing the sheriff to issue permits. Jabbour updated the Council on other activities of the LMCD, discussing the levy limit that had been frozen. Jabbour reported a large turnover this past year in the staff of the LMCD, which aided in their ability to meet their budget as positions were not immediately filled. It was announced that the executive director of the LMCD, Gene Strommen, had resigned, and will be taking a position with the MCWD. Moorse reported that he had sent a letter to the MCWD concerning the Long Lake Water Quality Project agreement. Jabbour said he had met with a Medina council member regarding this issue. Jabbour reported having said that Orono's Council was in agreement to aid in the aeration or chemical cleaning of Long Lake but not in subsidizing is any long term costs. It was noted that the pond might be moved back into the Medina area. The Council is awaiting a new agreement from the MCWD and is in support of the project. It was also noted that the MCWD is working on a storm water plan to the Painters Creek area, to be paid by the MCWD, who would like to work with Orono on the Stubbs Bay area. Changes to local aid from the State were discussed. Goetten expressed the need for the Council to give thought on the Orfield proposal which would shift aid to less fortunate cities. Callahan reported that he had been forewarned of this proposal at a recent mayors' breakfast. Callahan noted that the city has tried to have contingencies in place in areas where aid changes tend to occur. Moorse indicated the Governor's budget proposal would result in the loss of $50,000 of HACA aid for 1995. Jabbour commented that taxes are not going away and the burden is just shifting from the state to the city. ENGINEER REPORT There was no report. L� MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 13,1995 CITY ADMINISTRATOR'S REPORT • ( #14) SCHEDULE COUNCIL WORK SESSION Moorse reported that he had provided a memo to update the Council on issues needing to be addressed at a possible work session. Bike trail bids have been received and need subsequent discussion, along with the planned use of MSA and Park Dedication funds. Callahan responded that there has been a move to deal with issues of this kind away from the actual Council meeting. He would like it put on the Council agenda instead. This issue will be discussed at the April 10, 1995 Council meeting. It was noted that the cost of the trail from Baker Road to Old Crystal Bay Road south to the bridge is about $336,000, which includes construction and engineering costs. The city will be responsible for 50% of the cost. Moorse referred to the proposed agreement on the Highway 12 safety improvement project. The City's share of the cost will be about $300,000. This item will be on the agenda of the March 27, 1995 meeting. ( #15) BIKE TRAIL EASEMENT ACQUISITION Moorse reported on the need to purchase a permanent easement to build the trail off the right -of -way where the trail goes from Old Crystal Bay Road to CoRd 6 and then west. • The cost of this easement was negotiated by Gerhardson and based on square footage. Hurr moved, Goetten seconded, to authorize the purchase of a permanent easement from Michael Seeland for $1,288.80 for the construction of a bike/hike trail adjacent to the property at 2940 Sixth Avenue North. Monies to purchase this easement should come from the Park Dedication Fund. Ayes 5, Nays 0. (x #16) SPRING CLEAN -UP DATE AND FEES Goetten moved, Kelley seconded, to approve the scheduling of the joint spring clean -up day on Saturday, May 6, and to authorize a fee of $3.00 per cubic yard for miscellaneous refuse items. Ayes 4, Nays 0. ( * #17) HIGHWOOD NATURE TRAIL PARKING LOT AND SIGNAGE Goetten moved, Kelley seconded, to approve the improvements and purchases for Highwood Nature Trams for an amount of $3,280 and to pay for the above items from the Park Dedication Fund. Ayes 4, Nays 0. 9 MINUTES OF THE REGULAR ORONO CI'T'Y COUNCIL MEETING HELD ON MARCH 13, 1995 ( #18) RE- ALLOCATION OF CDBG FUNDS - RESOLUTION #i543 Goetten asked if the two programs affected by the change in the reallocation of CDBG funds had been notified. Gerhardson reported that the City is only allowed 15% of the total amount for public service agencies. The monies cannot be taken from the housing portion of the fund. Goetten moved, Callahan seconded, to adopt Resolution #3543 to aprove the allocation of the 1995 CDBG funds. Ayes 5, Nays 0. ( #19) BARKING DOG ORDINANCE AMENDMENT #133, 2ND SERIES Kelley asked that the public be made aware of the rules and responsibilities of dog ownership when applying for a dog license. Chief Sullivan reported that the police department receives a large number of calls on barking and loose dogs, but the police must witness the violation. Callahan moved, Goetten seconded, to adopt the proposed ordinance amendment 9133, 2nd Series, regarding animal noise. Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Barrett requested the Council go into a closed session to discuss recommended disciplinary action against a police officer. The Council approved the recommended disciplinary action to be taken against Officer Kurt Erickson for failure to appear at a scheduled court trial. (* #20) LICENSES Goetten moved, Kelley seconded, to approve the following licenses: Ayes 4, Nays 0. Septic System Installer A- Northern Cesspool Co., Inc. Brooklyn Park MN Hayes & Son Excavating Montrose, MN Patnode Bros. Rogers, MN Sullivan's Utility Services, Inc. Wayzata, MN Volkenant Inc. Maple Plain, MN 10 n LJ U • . 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 13, 1995 • ( * #20 - Licenses - Continued) Residential Kennel License: Rene' & Patricia Sternau 440 North Arm Drive ( * #21) BILLS Goetten moved, Kelley seconded, to approve payment of the All Funds Account. Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned at 9:10 p.m. to Executive Session. ATTEST: n 1.J Dorothy NIVallin, City Clerk is Edward J. Call an, Jr., Mayor ol 11