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HomeMy WebLinkAbout07-24-1995 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR JULY 24, 1995 • ROLL The Council met on the above mentioned date with the following members present: Mayor Edward Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, JoEllen Hurr, and Charles Kelley. Representing Staff were City Administrator Ron Moorse' Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Engineer Glenn Cook, City Attorney Kevin Staunton, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:05 p.m. ( * #1) CONSENT AGENDA Items #4, 5, 8, 9, and 12 were added to the Consent Agenda. Goetten moved, Jabbour seconded, to approve the Consent Agenda as amended. Ayes 5, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF JULY 10, 1995 Goetten moved, Jabbour seconded, to approve the Minutes of the Regular City Council Meeting of July 10, 1995. Ayes 5, Nays 0. • PARK COMMISSION COMMENTS James White reported the Commission members are completing an open space presentation survey at this time. The Friends of the Park Award will be given out at the August meeting to two Girl Scout Troops and the Orono Baseball Association. White reported seeing people using the bike trail adjacent to the Dickey property. PLANNING COMMISSION COMMENTS No member of the Planning Commision was present. PUBLIC COMMENTS There were no public comments. • 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 24,1995 ZONING ADMINISTRATOR'S REPORT ( #3) #2005 SAILORS WORLD MARINA AND BOAT CLUB, 1955 SHORELINE • DRIVE - CONDITIONAL USE PERMIT - RESOLUTION #3582 Hurr questioned the delay of the landscape installation at the marina and inquired of the final date for the installation. Mabusth said DeSantis thought the landscaping should be completed by the end of the season. The marina is currently removing pollutants found on the property. A concern is with continued pollution leaking onto the property from the gas station at 1960 Shoreline Drive. Mabusth said DeSantis is doing his part in the pollution removal but it has been difficult to locate a person responsible for the pollution from the gas station. Hurr asked that the Council see the landscape project completed prior to next spring. Mabusth recommended the end of the fall for a status report. Hurr said she was concerned with boat storage getting in the way of completion of the landscape plan at the end of the season. Jabbour asked Staff that the resolution reference both businesses, Sailors World and the Mnnetonka Art Center, regarding the sharing of parking stalls. Jabbour would like to see both businesses revisited at the same time so a proper count can be taken. Callahan reiterated the policy of off -site parking should have never been started. Hurr moved, Goetten seconded, to approve Resolution #3582 with a status report on the • landscape plan by September 15, 1995. Ayes 4, Nays 0, Abstain 1, Jabbour abstain. ( *#4) #2025 MICHAEL PLANK, 4115/4145 WATERTOWN ROAD - VACATION OF DRAINAGE & UTILITY EASEMENT - RESOLUTION #3583 Goetten moved, Jabbour seconded, to approve Resolution #3583 for the vacation of drainage and utility easement. Ayes 5, Nays 0. ( * #5) #2026 NEW HORIZON CHILD CARE, 875 WAYZATA BOULEVARD - VARIANCES - RESOLUTION #3584 Goetten moved, Jabbour seconded, to approve Resolution #3584. Ayes 5, Nays 0. (#6) #2034 MARY & GENE ZULK,1400 CHERRY PLACE - VARIANCE - RESOLUTION #3585 Mr. & Mrs. Zulk were present. 2 C� J MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 24, 1995 ( #6 - Mary & Gene Zulk - Continued) • Mabusth reported that the application is for a 10x26' covered deck addition to the street side of the residence. No setback variances are required. There is an increases in lot coverage and 48 s.f of additional hardcover. 175 s.f of stone patio will be removed. The Planning Commission said they did not wish to see applications unless additional hardcover is removed. Mabusth said the improvement is the least amount to make the best use of the lot. The allowed structural coverage is 15 %, or 1711 s.f., and exists at 17.6 and proposed at 19.9%. Mabusth confirmed that the increase in hardcover results from a structural improvement, while the removal of stone patio is not structural hardcover. Callahan said several recent applications address this issue of exceeding the lot coverage and hardcover limits. According to the code, Callahan said a real hardship must be demonstrated in order to exceed the allowable structural coverage; adding that eliminating flower beds to enable additional structure does not fit the comprehensive plan's intent. The non - structural should have no bearing on structural. Callahan asked that Staff and the Planning Commission to adhere to the policy. Mabusth said the Planning Commission does look at reducing hardcover. in this case, the commission knew they were dealing with a substandard lot and looked at where removal could be accomplished. isHurr said if the deck were reduced in width to 8' instead of the 10' requested, this would satisfy the hardship and enable the applicant to still receive what they desire, and would result in no gain of hardcover. • The applicant said he would prefer the 10' width adding that the lot is small, and he has been unable to obtain any additional land. The neighbors are said to be aware of the project as well as supportive of it. Zulk said the addition fits the house and the neighborhood and will allow safe access to two doors. An elderly relative is living at the home. Zulk commented that the Planning Commission had said no more hardcover would be allowed on the property without existing structure removed, and he has no intention of doing so. Hurr said the safety issue does not relate to the porch itself. It was also added that the applicant was aware of the substandard size of the lot when he purchased the property. Hurr said a hardship would be not to have access that was safe. Kelley added that this still does not speak to the issues brought up by Mayor Callahan. If the structural hardcover is allowed, the hardcover would still be over the limits even if reduced. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 24, 1995 (#6 - Mary & Gene Zulk Continued) • Goetten said a safe access is necessary but there is twice the amount of hardcover located in the 75 -250' zone than allowed. An option was to make changes allowing the applicant to refigure the hardcover in ways that would allow it to meet the requirements. Zulk said they had waited a long time for the porch and feel it is important. Goetten said if no new net increases were made, then it would be satisfactory. Zulk responded that there was not much hardcover with a small sidewalk and elevated parking area and had carefully considered the porch and how it would fit into the lot and neighborhood. Jabbour said Zulk should make the choice between decreasing the porch width 2' or refiguring the hardcover to not exceed the maximum allowed. Jabbour added that if Zulk did not make the choice, someone else would do it for him. Hurr said she would prefer a reduction in the porch width while Goeteen would okay whatever would meet the standard. Jabbour commented that the Council as a body should commit to not diverting from the policies. Concern was voiced over the trading of illegal non - conforming hardcover for new structure, and trading possibly newly made non - structural hardcover to gain structural hardcover. Hurr was concerned that the Council did not have a handle on the driveway situation with no policies regarding ensuring newly installed driveways do not exceed hardcover limits. Callahan moved, Hurr seconded, to approve Resolution #3585 on the condition that the • deck be limited to a size 48 s.f less than proposed. Ayes 5, Nays 0. Callahan commented that the Council needs to control structural coverage, but not by balancing hardcover. Zulk asked if this was to begin tonight with his application. Zulk was informed that the policy has been in place and did not begin with this application. Discussion was had on the inability to distinguish between legal and illegal non- conforming hardcover and structural/non- structural hardcover in the codes. Callahan said there were two policies in place. There is a policy on lot coverage, and there is a policy that no hardcover is allowed within 75' of the lake, either structural or non- structural. This hardcover, according to Callahan, should be removed under all circumstances. Mabusth questioned if there was enough area to support the structural or non - structural hardcover, and if it does not exceed the hardcover percentages, would the City ask the home owner to remove it. Callahan again referred to the two policies. If there was illegal, non - structural hardcover, it should be removed. Callahan said the Planning Commission was not adhering to these policies citing how removal of plastic underlayment, which should not be there in the first place, is counted as removal towards the excess hardcover. is 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 24, 1995 • ( #6 - Mary & Gene Zulk - Continued) Callahan said the City could require hardcover removal without an application in process. If the City were to enforce their policies, Callahan said homeowners could be asked to remove hardcover where it is not permitted. Hurr commented that permits are not required for driveway and creates a catch 22 situation. Jabbour said plastic and rock could be added prior to an application and survey and then used as a trade off for new structure. The total existing hardcover should be compared to the total proposed only according to Jabbour. Mabusth asked if the Council would like to see the non - structural hardcover in the hardcover analysis. The problem with this is the lack of records of illegal hardcover which did not go through the application process. This was considered to be unenforceable without permits. Gaffron said the City is the agency that grants the hardcover variances. If there is no good reason to grant a hardcover variance, then it should not be granted. Further, the structural/non- structural policy and other hardcover policies should be written into a policy resolution or code. Gaffron said lot coverage and hardcover are separate issues. Callahan suggested policies be written separately for the two. The definition of structure was read. Callahan concluded that both circumstances of lot • coverage and hardcover might add structure to a resident and should focus on this. Moorse said Staff will investigate this further. • Hurr commented that the code does not allow for any plastic or fabric under rock, and this also should not be permitted. MAYOR/COUNCIL REPORT Callahan inquired of the maintenance project closing off CoRd 15 in the Minnetonka Beach area. Long delays were noted and rerouting of traffic was suggested to CoRd 51. Callahan noted that all Council members have had the opportunity to attend meetings concerning the potential provision of sewer service to various City neighborhoods with Hurr attending a meeting scheduled for July 27. Gaffron was commended for his outstanding presentations and his excellent efforts in conducting the neighborhood meetings. Callahan reported on the LMCD Budget Meeting coming up. The City has written a fetter voicing their disapproval of the LMCD budget. Moorse and Jabbour will be attending the meeting and making a presentation. Other Cities have been notified of Orono's viewpoint. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 24, 1995 (Mayor /Council Report - Continued) Several meeting dates were discussed for a joint work session with the Planning Commission, August 8, 9, or 10, with August 8 as the preferred date in connection with the moratoriums. The Park Commission members will be invited to attend. Council discussed if a public meeting should be held concerning Hwy 12. It was decided to wait to schedule a meeting until after the August 16 Highway 12 policy committee meeting. Jabbour suggested Mn/DOT representatives attend the meeting to update the public on what has been done so far. Goetten commented on the different positions taken between Bonestroo, the DNR, and the MCWD concerning the Long Lake Improvement Project. Goetten questioned whether this issue should appear on the Planning Commission agenda for August as anticipated. The project plans and changes were discussed from beginning to the current status, from installing aerators to using alum for lake clarification. Jabbour said Commissioner Maple informed him an agreement had been signed with an Orono resident concerning a 2 acre pond on Orono. Moorse said there has been no agreement reached for the 6 acre pond proposed in Medina. Jabbour did not recommend signing an agreement until the MCWD knows what their long term plans are. Gaffron updated the Council on the project. The pond in Orono was originally designed • at 5 -6 acres, but was reduced to 2 acres, and the MCWD then began to pursue land for an additional pond in Medina. Hurr said she felt it was premature to discuss the mechanics of the project without an agreement. Jabbour said the MCWD will go ahead with the project with or without the approval of Orono. They are now coming before the City as an applicant and would like the City as a partner. Callahan asked that updated information be presented, along with an agreement, at the next Council meeting, which is scheduled prior to the Planning Commission meeting. Moorse said he spoke with a board member, who did not want to consider an agreement until the parameters were all worked out. Callahan said he had thought this had already been done. Moorse said he would contact the MCWD and ask for an agreement. Jabbour informed Moorse that he should discuss this further with Gene Strommen as there are mixed feelings on the MCWD board on how to proceed. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 24, 1995 (Mayor /Council Report - Continued) • Hurr commented on the City's failure to prevail in the Lasher Landing issue. The Attorney had suggested the City evaluate what could be done in order to take action on similar properties. Staunton will pass the information on to Barrett for the next Council meeting. • Kelley brought up the complaints of Lord Fletchers on their use of the parking lot by non - employees. Moorse said Lord Fletchers has indicated they are not abusing the privilege and only staff are being shuttled. A complaint two weeks ago was followed up on. Lord Fletchers indicated the Lafayette Club also has a shuttle and could be using the parking lot for their customers. Lord Fletchers said they would check on the situation. Moorse has not heard any further complaints. Jabbour said he had spoken with the assistant manager at the Lafayette Club. He informed her that the parking lot is not to be dominated by any one business. The assistant manager said they had asked and received permission from the police chief and planned on making arrangements with the Minnetonka Center of Arts. Kelley inquired if the residents of Old Beach Road have approached the City of Minnetonka Beach concerning the left turn lane off of CoRd 15. This has not been done. It was further noted that this was not a condition of the road closure. Kelley noted that when the Council asks the Park and Planning Commissions to review a particular issue, it does not mean that changes will be made. He emphasized that a review is a time to evaluate, not necessarily a time to change. Jabbour extended his sympathies to Tom Barrett concerning Tom's father. Jabbour asked that the City respond to the letter from Tom Swanson concerning the lack of Orono representation on the LMCD. Jabbour said it was important to note that Orono is in attendance at the LMCD meetings, and generally the only ones in the audience. Moorse said he will respond with a letter and asking Swanson to call Jabbour. Callahan inquired of a letter from the U.S. Post Office. Moorse said there is a need for a new facility in the southern portion of the metro area, and is proposing a southwestern site. It is not located in this specific area. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 24, 1995 ( #7) VOLUNTEER COMMISSION APPOINTMENTS • Callahan commented he was pleased with the number and caliber of qualified applicants. With oniv one slot to fill on each commission Callahan asked Staff to recommend to the applicants that their names be left on file for future openings. Kelley questioned whether this has been done with past qualified applicants. Moorse said they had not been directly solicited. Council agreed that this should be part of future procedures. Callahan suggested the appointment of Andrew McDermott for the Park Commission position. McDermott is a 8 -year Orono resident with a work experience in wildlife management and architecture which would be helpful to the commission. Hurr asked about McDermott's original application to the Planning Commission. It was noted that his heart is in the matter of parks. When an opening was announced on the Park Commission. he requested his application be chanced to that field of applicants. Callahan moved, Kelley seconded, to approve the appointment of Andrew McDermott to the Park Commission for a term that expires on 12/31/95. Aves 4. Nays 0. Abstain l: Hurr abstain as she was not in attendance during the interview process. Goetten moved, Jabbour seconded, to appoint Elizabeth Hawn to the Planning Commission. Goetten noted the number of qualified applicants for this position also and asked Staff to add their names to the list for future openings. Ayes 4, Nays 0, Abstain l; Hurr abstain as she was not in attendance during the interview process. . ENGINEER REPORT ( *#8) PAY REQUEST #4 BROWN ROADIWATERTOWN ROAD Goetten moved, Jabbour seconded, to approve the request for payment #4 for the Brown RoadAVatertown Road moiect to Buffalo Bituminous in the amount of $78.034.51. Ayes 5, Nays 0. CITY ADM NISTRATOWS REPORT ( * #9) DOG REGULATION AND LICENSING ORDINANCE AMENDMENT #137, 2ND SERIES Goetten moved, Jabbour seconded, to adopt Ordinance 137, 2nd Series, an ordinance amending Section 9.12 Dog Regulation and Licensing. Ayes 5, Nays 0. ( #10) MORATORIUM ON SUBDIVISION APPLICATIONS REQUESTING USE OF A PRIVATE DRIVEWAY TO SERVE 3 OR MORE LOTS - ORDINANCE #138, 2ND SERIES Callahan said the language was obscure but was in favor of the moratorium. 0 8 r MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 24, 1995 is ( 410 - Moratorium on Private Driveways Serving 3 or More Lots - Continued) Kelley moved, Hurr seconded, to adopt the moratorium ordinance as proposed. Ayes 5, Nays 0. Jabbour clarified that the moratorium would apply to new subdivisions requiring a variance but not to those meeting the normal standards. Moorse said it would apply to those asking for 3 or more residences served from a private driveway. ( #11) MORATORIUM ON DEVELOPMENT IN THE NORTH HIGHWAY 12 AREA - ORDINANCE Callahan requested the moratorium be extended to include the land south of Highway 12 to the Burlinuton Northern railroad tracks and west to Stubbs Bav Road. and the land west of Old Crystal Bay Road between Highway 12 and County Road 6. It was noted that even though part of this land is residential and would not apply, it should be included. A new description of the area included in the moratorium for the resolution will be brought back to the Council for approval. Callahan moved, Goetten seconded, to table the Moratorium on the Hwy 12 Corridor to allow the modification to be made to the resolution. Ayes 5, Nays 0. 9 (* #12) CDBG AGREEMENTS - RESOLUTION #3586 • Goetten moved, Jabbour seconded, to approve Resolution #3586 authorizing the Mayor and City Administrator to sign the third party and subrecipient agreements for the year XXI 1995 CDBG. Ayes 5, Nays 0. ( #13) PAVING OF REAR YARD OF PUBLIC WORKS GARAGE AREA Gerhardson reported that the rear yard is in need of paving as the vehicles are dragging in too much dirt and debris from the rear yard area. It has been found that it is impossible to clean the area thoroughly as material, such as wire and glass, is getting into the tires of the vehicles. Hand raking has helped. Gerhardson also noted that the type of use incurs about a 1" loss of gravel each year. The original plan was to pave the foot print of the cold storase area but it has been found that more area is needed for the mixing of sand and salt by the shed. The paving will consist of 3"' of bituminous. A good base is already in place. The bids have been done on a per unit basis to a cost advantage for the Citv. Hurr moved, Kelley seconded, to approve the paving of the rear yard of the Public Works aaraae area at a cost of $7,500 to be funded from the Buildina Fund with an expenditure budget increase of $7,500. Ayes 5, Nays 0. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 24, 1995 ( 413 - Paving of Rear Yard of Public Works Garage Area - Continued) is Kelley asked if there were plans for storing anything in this area. Gerhardson said it would be used as a work area oniv. It was further noted that seal coatins of other areas will be completed next year. Seal coating is done three years after the bituminous is laid. CITY ATTORNEY'S REPORT The City Attorney had no report. ( * #14) LICENSES Goetten moved, Jabbour seconded, to approve the following Special Events Permit Licenses: Aves 5. Nays 0. Keith Waters & Associates, Inc. 2900 Deer Run Trail Parade of Homes Open House 9/9/95 through 9/24/95 Tony Eiden Company 2630 Countryside Drive West Parade of Homes Open House 9/9/95 through 9/23/95 ( * #15) BILLS Goetten moved, Jabbour seconded, to approve Payment of the All Funds Account. Ayes 5, Nays 0. ADJOURNMENT Mayor Callahan adjourned the meeting at 8:50 p.m. Edward J. Call n, Jr., Mayor 10 n •