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HomeMy WebLinkAbout05-08-1995 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR MAY 89 1995 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Jr., Council Members Gabriel Jabbour, Charles Kelley, and JoEllen Hurr. Council Member Goetten was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, Public Works Director John Gerhardson, City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items #5 and 6 were added to the Consent Agenda. Hurr moved, Jabbour seconded, to approve the Consent Agenda as amended. Ayes 4, Nays 0. ( #2) OLD BEACH ROAD CLOSURE - RESOLUTION #3554 Callahan moved, Kelley seconded, to approve the adoption of Resolution #3554 closing Old Beach Road to through traffic through the installation of a cul -de -sac at the County 19 end of Old Beach Road. Ayes 3, Nays 0, Abstain 1, Hurr. • Jabbour commented that his original position of the road reverting to the City's unique private/public road was inconsistent with the Urban Transportation Section of the City's Comprehensive Plan, which stated the roads in the urban section of the City will be owned and maintained by the City, and, thereby, retracted his original position. Jabbour hoped the residents would continue this effort with the City of Minnetonka Beach. is APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF APRIL 24,1995 Hurr moved, Jabbour seconded, to approve the Minutes of the Regular Council Meeting of April 24, 1995. Ayes 4, Nays 0. ( * #4) BOARD OF REVIEW MEETING OF APRIL 26, 1995 Hurr moved, Jabbour seconded, to approve the Minutes of the Board of Review Meeting of April 26, 1995. Ayes 4, Nays 0. I MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 8, 1995 PARK COMMISSION COMMENTS Park Commissioner McMillan invited the Mayor and Council Members to the opening of the French Creek Preserve on Saturday, May 20, at 2:00 p.m. McMillan welcomed any member to speak at the opening. Hurr commented that she would be out of town and unable to attend. Callahan said it would be desirable if the mayor or designated council member attend. Callahan expects to attend but asked Jabbour to speak at the opening if Callahan was found unable to atttend. McMillan reported that the Park Tour will occur on Monday, June 5, at 6:00 p.m. The Park Commission was reported to have extended OBA play at Bederwood Park until June 15 to allow time for the sod to take hold at the new playfield. PLANNING COMMISSION COMMENTS Janice Berg was in attendance but had no report. PUBLIC COMMENTS Roger Day of 1205 South Brown Road asked for clarification on the voting process regarding the closure of Old Beach Road. It was his opinion that the vote was denied for the closure at the last Council meeting ending any further reconsideration for the • permanent closure. Callahan explained that all Council members were in favor of the closure but were of different opinions on the public or private maintenance of the road. The final vote at the meeting was to table the issue to allow time to gather facts in order to arrive at a solution. That has been done as previously explained by Jabbour in his comments after the vote to permanently close the road. Callahan said it often happens that an issue is tabled at one meeting and a vote retaken at a later date to allow time for members to come to a majority solution. Day commented that he now had a better understanding of the process and had misunderstood the final vote at the last meeting. ZONING ADMINISTRATOR'S REPORT ( *##S) #1298 RICHARD JOHNSON /GORDON NELSON, FOREST BOULEVARD - VACATION - RESOLUTION #3555 Hurr moved, Jabbour seconded, to approve the vacation of final segments of Forest Boulevard, Resolution #3555. Ayes 4, Nays 0. 2 - f MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 8, 1995 ( *#6) #1921 ivLXRY ULRICH, 1000 LOMA LINDA AVENUE - PRELIMINARY • SUBDIVISION - RESOLUTION #3556 Hurr moved, Jabbour seconded, to approve Resolution #3556 for a preliminary subdivision for Mary Ulrich of 1000 Loma Linda Avenue. Ayes 4, Nays 0. ( #7) #2009 TOM AND MAUREEN PALM, 1685 CONCORDIA STREET - VARIANCES - RESOLUTION #3557 Mr. & Mrs. Palm were present. Mabusth reviewed the application. The property is located on the Lakeshore side of Concordia. An application was previously approved in 12/94 for a second level over the existing 20'x54' single story structure requiring approval of an average lakeshore setback, hardcover, and lakeshore setback variances. After reviewing plans with builders, the Palm's were advised to rebuild the structure. The Palm's plan is to rebuild a new two -level structure 50' from the lakeshore with a deck 40' from the lakeshore. The deck would extend 10' in front of the average lakeshore setback line. The application would result in hardcover reductions. At present, two - thirds of the structure is within the 0 -75' setback. The new 30'x46' structure would result in half being located in the lakeshore protected area, with the side setback being met but not the • lakeshore setback. The residence would not encroach the average lakeshore setback line but the deck would extend into that line by 10'. The hardship statement compares the hardships with those noted in the previous application. It was noted that the drainage of the property actually slopes away from the lake, which aided in the Planning Commission's approval by a vote of 5 for, 2 against. The two members who voted nay were not in favor of encroachment of new construction within the lakeshore protected area. The applicant had noted that if the lakeshore setback was met, the residence would face the rear of existing homes. Mabusth noted that the new owner of the residence to the left of this property had no plans to rebuild. Hurr opined that she saw no hardship for the deck encroaching into the average lakeshore setback noting that the applicant would still be granted a variance with the home located at the 50' line. The applicant reviewed the background of the application and his attempt to meet the important issues desired by the City. Palm said that the proposed deck would be at ground level with no rail, and the deck is now located at 29' from the lake. Palm said the deck plans were reviewed with Ceil Strauss of the DNR, who saw no problems with it's location. is MINUTES OF THE REGULAR ORONO CITY COUNCIL ` MEETING HELD ON MAY 8, 1995 ( 97 - #2009 Palm - Continued) • Kelley noted that neither home on each side of the Palm residence had decks. Hurr said if the deck were that important to them that the house could be moved back 10' to accomodate the deck on the lakeside. Hurr also noted that the only reason the residence would be approved at the 50' setback is because of the location of the other homes. Jabbour appreciated the applicants' attempt to improve the situation by meeting many setbacks and reducing hardcover, but with the pressure from redevelopment, there is a need to adhere to the ordinances to gain compliance by all applicants. Jabbour also said there was a true hardship with the existing home, where a person must live with it as it is; but he saw no hardship when a home is rebuilt. Hurr moved, Jabbour seconded, to approve Resolution 93557 noting no structure, including residence or deck, could encroach into the 50' average lakeshore setback line. Ayes 4, Nays 0. Callahan remarked that the location of the home was discussed at the Planning Commission meeting. It was noted that due to the curve of the lakeshore, the other homes were well in front of this home. The Planning Commission discussed how if the application was required to meet the 75' required setback, it would result in an eventual change to other homes in the area also meeting the same 75' setback. Mabusth commented that Planning Commission members noted that the drainage pattern • of the property resulted in drainage being directed away from the lakeshore. Callahan questioned if this was a good reason to not require the 75' setback. Mabusth noted that where hardcover excesses exist, drainage patterns were considered. Callahan was concerned that this situation would be brought up with each new application in the future. It was decided to remove the drainage findings from the application. ( #8) #2010 JAMES JUNDT, 1400 BRACKETTS POINT ROAD - VARIANCES - RESOLUTION #3558 Hurr had a question about the combination of the three lots into one. Mabusth said that this had been required in 1992, and this was also confirmed by Scott Crawford of Kraus Anderson that it had been done. Hun's copy of the property owners' fist did not reflect this, which resulted in her questioning if it had been done. Mabusth said that the original property owners list was used because there was no change in ownership, which is why the information of 1992 did not reflect the change of the combination. Hurr moved, Kelley seconded, to approve Resolution #3558 for variances for James and Joann Jundt with proof of lot combination prior to formal certification by clerk of the resolution. Ayes 4, Nays 0. Jabbour asked that any further variances be accumulated. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 8, 1995 • ( #9) #2011 TIM AND LORIE LINE, 4415 FOREST LAKE LANDING - VARIANCES - RESOLUTION #3559 Architect, Blake Bichanich, represented the applicants. Mabusth reported that this property was reviewed for a height variance in 1993. The height variance needed for this application is for an observation tower. Drainage treatment area is located in the west yard and will treat 20% of 291/6 hardcover. The original application proposed 32% of hardcover in the 75 -250' zone. After more detailed surveying was completed, an additional 7000 s.f was added to the total area in the 75 -250' zone, which reduced hardcover to 29.4 %. Neighbors had been concerned with tree removal. The height of the house wi11 be at the tree line. The dock will be located at the east shoreline rather than the south shoreline because of the wetlands. The Planning Commission had no problem with the 5' height variance. Architect Bichanich had explained to those members as well as the Council that if the main structure was more massive, no height variance would be required. Mabusth noted the conservation of use of structural hardcover with the stacking of lower level terrace, • veranda and upper level deck. • Kelley verified that the hardcover variance in the 75' -250' was 4.29% in the current application compared to 7.9% in 1993. Mabusth commented that this is an undeveloped property and the five parcels that make up the total property must be combined. Hurr asked why there would be a hardcover variance hardship with the large size of the lot of 62,000 sq. ft. The peninsula shape of the lot causes a large portion of the lot to be located in the 0 -75' zone. The portion of the structure which would normally be outside this zone is, thus, within the zone. It was noted that the main floor square footage will be 2472. The roof overhang, which is 6 inches, is included within the setback. Jabbour moved, KeIlley seconded, to approve Resolution #3559, with the stipulation that no permit for an accessory dock be given until the permit of occupancy has been granted. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 8, 1995 ( 98 - #2011 Tim & Lori Line - Continued) • Callahan asked if there was sufficient engineering to take care of the 75' zone. Mabusth commented on the excess hardcover in the 75 -250' zone, while Hurr renoted the peninsula- shaped lot. Jabbour suggested removing the condition that the engineering be done. Callahan did not concur with that suggestion. Ayes 2, Nays 2, Hurr, due to height variance and problem with allowing the variance when the windows would not add a large amount of light. Bichanich said there is an 8' octagon that functions as a light well and explained how the height variance was required due to the less massive design of the main portion of the house. Hurr reconsidered her vote resulting in Ayes 3, Nays 1, Jabbour, due to the hardcover excess in the 75 -250' setback zone. Jabbour asked that caution be taken concerning the 75' drainage issue. Mabusth asked if the Council desired the findings to be removed. Callahan replied that he did not wish to remove the findings and said this was a different situation. MAYOR/COUNCIL REPORT Hurr reported having attended the Police Reserve banquet at the Minnetonka Mist. Jabbour commented that the DNR bill concerning the DNR's disposal of the excess property on Maxwell Bay had been passed out of Committtee in the House, but had not yet gone before the full House. • Jabbour reported that the DNR's sale of the gas station on Maxwell Bay was stalled due to clearance needed by the historical society in determining if the property had any historical significance. Moorse reported that the jet ski ordinance, which has been passed by both Orono and Long Lake Councils, needed approval by the DNR, which was asked to expedite its review in order to begin the season with the ordinance in effect. Although passed by both Councils, in order to enforce the ordinance, rules state that a joint powers agreement is needed. Callahan asked if this would subject the City to vicarious liability. Moorse said he would check with the LMCIT and the City's insurance agent. Callahan said he would, otherwise, not be for it. Council Member Hurr was excused from the meeting at 8:00 p.m. At this time, Tony Shull, who lives on Spring Hill Road in Orono, asked to discuss the use of Long Lake by the University Ski Club. Shull asked who was responsible for the decision and was concerned with noise, pollution and safety. is 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 8, 1995 (Mayor /Council Report - Continued) • Callahan responded that any ordinance to forbid certain activities on Long Lake required action by the Cities of Orono, Long Lake, and the DNR. The jet ski ordinance, Callahan noted, took two years from its conception to passage. Callahan asked Moorse if the City had been contacted regarding this issue. Moorse said he had been contacted both by the City of Long Lake and by the Water Ski Club, and the issue was to be taken up by the Long Lake City Council nest week. Bill Dunlap of 957 Spring Hill Road commented that he saw no benefit to the citizens of Orono from this lake usage. Dunlap voiced concern over environmental issues as skiing stirs up the lake bottom. He also was concerned with liability. A petition is being developed from the opposition. Callahan said the issue has not officially been brought before the Council. Jabbour noted that the solution is not a simple decision. Jabbour questioned if a special events license would be required for this usage. He suggested those concerned speak with the water patrol. Vince Shaffer, a Long Lake resident, said he was at the last Long Lake Council meeting where ski representatives stated they had been given permission from Orono for a demonstration. The ski representatives had said that they would retract their application • if either Orono or Long Lake objected to their usage of the lake by the ski club. Kelley questioned whether permission would be needed by the ski club to use the lake after the demonstration. Jabbour commented that he was concerned with lake dominance. Dunlap said that the lake was being dominated now. Callahan responded that the Council would monitor the situation but noted that usage of public lakeshore was a difficult issue. is A man in the audience asked if contacting the University of Minnesota would be a good idea. Jabbour said that people need to become educated on public waters and discover what constitutional rights people have concerning public waters. A member of the public asked about the tax resulting from the clean-up on Long Lake. Kelley suggested he contact the MCWD. Callahan said the MCWD was the levying authority but Orono's permission was needed. Callahan noted a copy of a letter to the MCWD dated 4/25/95 and asked Gaffron about it. Gafi'ron said the letter was a request by the watershed to respond to a number of questions. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 8, 1995 ENGINEER REPORT • ( #10) KELLY AVENUE DRAINAGE UPDATE Cook recommended the replacement of the sanitary sewer line and the raising of the road 2'. This would be monitored to determine if a lift station would be needed in the future. If so, the possibility of a special assessment would be considered. The cost of the sanitary sewer will be $18,000 and $17,000 for the raising of the road by 2'. Moorse was asked by Callahan if the funds were available. Moorse said there are funds available for this type of work, and this was a priority item. Kelley asked if there was a need to take wetlands because of the project. Gerhardson reported on the relaxation of the rules regarding this issue by the legislature to allow projects such as this to be done. Jabbour asked that the neighbors be notified by letter of the project. Jabbour also noted that the next step, if needed, would be the stormwater management project, which would be funded through special assessments. Callahan moved, Jabbour seconded, to direct the Public Works Department to repair the sanitary sewer line as necessary and to raise a defined section of Kelly Avenue two feet. The funds to repair the sewer fine will be paid from the Sewer Operating Fund and the • raising of the road will be funded from the General Fund. Callahan asked that the neighbors be advised of what would happen if the raising of the road did not solve the flooding problem. Ayes 3, Nays 0. CITY ADMINISTRATOR'S REPORT ( #11) CRYSTAL BAY PARK IMPROVEMENT PLAN Moorse reported that bids have been received for the landscaping, fencing, and walkway for the Crystal Bay Park improvements to be paid out of Park Dedication Funds. Kelley asked if Cliff Otten has given a bid on the project. Gerhardson noted that Otten's bid was the high bid. McMillan informed the Council of the type of fencing to be installed, which is a split -rail type with a 20 year warranty made of durable woods. The shrubs will be low maintenance, drought - tolerant, with a one -year guarantee. Shade trees will be transplanted from the golf course. It was noted that the pathway is highly used by the post office patrons. Phase H, consisting of ice rink, gazebo, and basketball court, will be considered in the future. is 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON MAY 8, 1995 • ( #11 - Crystal Bay Park Improvement Plan - Continued) The playground equipment is also part of Phase I but only one bid has been received. The Park Commissioners did not want to hold up the completion of the fence and landscaping while waiting for other bids to be received. Moorse asked if the neighbors were interested in assisting in the watering and maintenance of the landscaping. Gerhardson reported that the neighbors were involved in the project and would be interested in volunteering in this area. Kelley moved, Jabbour seconded, to approve the landscaping, fencing, and pathway bids for Crystal Bay Playground for an amount of $8,500 and that the amounts be paid from the Park Dedication Fund. Ayes 3, Nays 0. ( #12) 1994 BUDGET ADJUSTMENTS Moorse reported that the revenues exceeded the expenditures for 1994 by $200,000. There was an excess of $133,000 in revenues, and the expenditures were under budget by an additional $70,000. Callahan congratulated Moorse and Staff for their control of expenditures. • Callahan moved, Kelley seconded, to approve the implementation of the 1994 budget amendments as noted. Ayes 3, Nays 0. 11 Callahan noted the need for a workshop in June on the City's finances. Moorse reported on a meeting scheduled for July of 1995 concerning the 1996 budget. Jabbour noted that the LMCD will set their budget in May and hold a public hearing. Jabbour suggested the Council remain updated. ( #13) IRRIGATION SYSTEM REPAIRS AT GOLF COURSE Moorse reported that it has been found that the above ground tank used for irrigation at the golf course is beyond repair. Two options have been considered. A similar tank would cost $4000. To install a smaller pressurized system would allow the City the ability to expand the irrigation system in the future. Moorse recommended approval of the smaller tank with the larger potential. Kelley moved, Callahan seconded, to approve the repairs and upgrades to the Golf Course irrigation system in the amount of $4,250 to be funded from the Golf Course reserve fund. Ayes 3, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 8, 1995 ( #14) HIGHWAY 12 PATHWAY • Moorse reported that during the Highway 12 safety improvement project, a sidewalk was discussed for construction on the north side of the highway along with a sidewalk constructed by Long Lake on the south side. The Council had made the decision not to construct the sidewalk. Moorse said the City Engineer looked at the cost for a bituminous walkway versus concrete. The estimated cost was found to be $8,000 for a pathway which would run from North Brown Road to Willow Drive. Cook did note that there was a need to see if the pathway section would fit within the existing right -of -way. Kelley asked about the section in front of Rebers Pond. Cook said that area would be 4' wide. The walkway would be continued on the east side of North Brown Road by the City of Long Lake. There would be a crosswalk on North Brown Road. It would be striped by the City of Orono according to Gerhardson. After the original installation, maintenance is the responsibility of the City. McMillan commented that the Park Commission had hoped for a trail along Kelley Parkway to connect over to Old Crystal Bay Road. Callahan indicated Highway 12 is a dangerous place for a pathway and saw no sense to it. Kelley suggested that an option would be on the service road connecting Brown Road to • Willow when that was done. Mabusth noted that an additional 10' had been taken during negotiations with the Otten property and also with Sugar Woods. Callahan questioned who would use the trail. Kelley commented that those in the Ringers Wood neighborhood would use the trail as well as those coming and going from the baseball field. Cook said the decision regarding this path has to do with timing. A value needed to be placed on whether the cost of $8,000 today should be spent versus deciding whether Kelley Parkway would have a bike trail in the next five years or other possible future options, which would probably cost more. Moorse said that Long Lake views the area as commercial and would like to see sidewalks on both sides of the highway. McMillan said she had spoken with Richard Flint, who voiced merit in the sidewalk option. Kelley moved, Jabbour seconded, to approve an 8' wide bituminous pathway on the north side of Highway 12 between North Brown Road and Willow Drive as part of the Highway 12 safety improvements project at a cost to the City of $8,000 to be funded from the Park Fund. Ayes 3, Nays 0. 1� 10 0 n LJ it MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 8, 1995 ( * #15) TEMPORARY EMPLOYEES AT GOLF COURSE Hurr moved, Jabbour seconded, to approve the employment of Jeremiah Callahan as a grounds helper at $6.501hr., Jerry Alch as counter helper /starter at $5.70/hr., and Al Ruther as counter helper /starter at $5.70 /hr., for a six -month period from actual start date of May 9, 1995. Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Tom Barrett had no report. ( * #16) LICENSES Hurr moved, Jabbour seconded, to approve the following licenses: Septic System Installer Garbage & Refuse Collectors: ( * #17) BILLS Clover Hill Co., Inc. Shakopee, MN Blackowiak & Son Sanitation & Rolloff Service Mound, MN Baldy Sanitation, Inc. Maple Plain, MN Cleanway Sanitation, Inc. Long Lake, MN R&W Roll -Off Service, Inc. Carver, MN Westonka Sanitation Mound, MN Woodlake Sanitary Services Eden Prairie, MN Hurr moved, Jabbour seconded, to approve payment of the All Funds Account. Ayes 4, Nays 0. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL ' MEETING HELD ON MAY 8, 1995 ADJOURNMENT • Mayor Callahan adjourned the meeting at 8:45 p.m. j Edward J. Callahan, ., Mayor ATTEST: 12