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HomeMy WebLinkAbout08-14-1995 Council MinutesMs ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 149 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, Charles Kelley, and JoEllen Hun. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Building and Zoning Administrator Jeanne Mabusth, 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. (- #I) CONSENT AGENDA Items #8, 9, and 15 were added to the Consent Agenda. Goetten moved, Hurr seconded, to approve the Consent Agenda as amended. Ayes 5, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF JULY 24, 1995 Goetten moved, Hurr seconded, to approve the Minutes of the Regular City Council Meeting of July 24, 1995. Ayes 5, Nays 0. PARK COMMISSION COMMENTS • Ilse reported that the Park Commission is recommending a park dedication fee versus a trail easement for several recently proposed subdivisions. The presentation of the awards for the Friends of the Park program has been changed to the November meeting of the Park Commission. Council was invited to attend this presentation. PLANNING COMMISSION COMMENTS Dale Lindquist had no comments at this time. PUBLIC COMMENTS There were no public comments. • 1 n MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 14, 1995 ZONING ADMINISTRATOR'S REPORT ( #3) #2032 MICHAEL AND LYNNE GERHLICHER, 1375 REST POINT ROAD - • VARIANCES - RESOLUTION #3587 Mr. Gerhlicher was present. Mabusth reported the application was for setback and height variances where fencing is placed within the street rear yard at the 80' linear stretch to the front and 30' side. The fence will be 6 -1/2' in height where 3 -1/2' is allowed within the front street setback. The privacy fence is a replacement and lower in height than the previous fence ranging from 5 -1/2' to Tat the post ends with an average height of 6 -1/2'. The height at the entrance will be 3 -1/2'. The fence is professionally built on site and is in keeping with the neighborhood. The Planning Commission recommended trimming of shrubs along the driveway entrance for safety reasons. Callahan asked if the entire yard was fenced and received an affirmative answer. The fence is not located in the 0 -75' setback area and creates no visual impact. The fence extends to the alley and garage along the east and south portions of the property, but no fencing is placed from the alley to the lake. Gerhlicher reported that the fence is for privacy and security concerns. The majority of the neighbors have signed letters stating their approval of the fencing including the neighbor who would be most affected by the fence. There was a letter from a neighbor concerned with dogs barking, but Gerhlicher said he had only one dog. • There were no public comments. Hurr moved, Kelley seconded, to approve Resolution #3587 for height and setback variance for privacy fencing within the rear yard and at the street lot line of the property located at 1375 Rest Point Road on the condition that the applicant obtain a building permit for construction of privacy fencing within street and side yard. Ayes 5, Nays 0. ( #4) #2033 DONALD AND ARLENE KIELLEY,1670 SHADYWOOD ROAD - VARIANCES - RESOLUTION Mr. & Mrs. Kielley were present. 2 is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 14, 1995 (#4 - Donald & Arlene Kielley - Continued) • Mabusth reported the application is for hardcover, structural coverage, and side setback variances for a 10 -1/2' x 42 -1/2' addition to the street or rear side of the residence. The proposal includes reduction in hardcover by the removal of paving and reductions in the 0 -75' setback area. The Planning Commission did feel these reductions were modest and asked for further reductions. 866 s.f of plastic underlayment and 280' of paved walkway will be removed. The Planning Commission specifically asked that the area between the two garages be planted with grass. Mabusth said the Planning Commission had asked applicant to reduce the area of coverage of the detached garage. The applicant said he had no basement and needed the space for storage. The additions includes a covered deck, new extrance, and expanded family room and bath as well as a new walkway to the residence. This results in 505 s.f., or 3.4 %, increase in new structural coverage with 270 s.f for the addition to the principal enclosed structure and 235 s.f for the covered deck. Structural coverage exists at 15.6% and is proposed at 19.0% for a variance of 593 s.f. or 4 %. The lot side variance exists with an 8" variance and the new addition would result in a 6' variance. A variance was granted in 1982 for the garage. A condition of that approval required the removal of a shed and the pavement between the garage. Goetten responded that she had been on the Planning Commission at that time where the • new garage was allowed. The applicant at that time had been told that no more new structure would be allowed. Goetten finds it difficult to allow any more additions at this time with the percentage at 52 %. • Jerry Roelofs, contractor, said the paved area was located at the apex of the curve of CoRd 19, and the space was necessary to allow a car to back out of the garage in order to proceed forward onto CoRd 19. Hurr questioned the need for 40' to back up a car. Roelofs said it was needed in order to go forward and make a left turn. Mabusth reiterated that the application is for 505 s.f. of new structural hardcover adding that the code does not define the difference between structural and non - structural hardcover. The landscaping hardcover was not in the 1982 calculations and the paving was asked to be removed at that time also. Jabbour questioned whether this was a case of trading illegal non - conforming hardcover for legal non - conforming hardcover. Callahan questioned how the hardcover increased from 3816 s.f. in 1982 to 5073 s.f currently in a legal manner. Mabusth did add that hardcover was defined differently at that time. Plastic underlayment was not calculated and no analysis was performed in 1982. Mabusth personally remembers grass between the garages at that time as well as the extensive paving and the shed, which was removed. 3 r NIINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 14,1995 (#4 - Donald & Arlene Kielley - Continued) Kelley said it is unknown where the additional hardcover came. The site is limited and • the proposed addition exceeds the ruling made. Hurr asked if the garages both contained furnaces and found that they did. Jabbour said he was concerned with lot density and had a problem with trading something that had been installed without approval. If the applicant wants the new addition, Jabbour said new ideas need to be created. The lot coverage is the key issue according to Jabbour. Mabusth said the contractor was informed that the garage encroaches into the County Road. She also noted that the 1982 resolution noted the conditions in the chain of title. The owner at that time wanted to amend the resolution but didn't proceed with the variance application. Kelley said he would be in favor of the application if the garage that encroaches the roadway be removed. Goetten said there was too much hardcover on the property and should have been removed with the 1982 resolution. The applicant, Kielley responded, that he has taken out the rock beds to turn then back to • a natural area as well as removed timbers. Kielley said he has taken out twice the amount that he is adding. It was noted that the addition only extends 10' out and a vacant lot is next door to the property. Kielley also said that the project would allow better drainage on the property if that was an issue. Goetten said drainage is a concern, but hardcover is the issue. The plastic underlayment removal was cited as being no comparison to gaining new structure. Goetten said the removal must be structural on this small lot. Kielley said he would eliminate the concrete in the walkway and between the garages and confine the turnaround area. He added that the house is small and the storage in the garages is needed. Hurr informed the applicant that the proposal could be tabled allowing the applicant time to review. If Council proceeds and denies the application, the applicant cannot come fo back with the application 64760 days. Callahan moved, Hurr seconded, to continue Application #2033 to the next Council meeting. Ayes 5, Nays 0. It was suggested to the applicant that he amend the application. • 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 14, 1995 (#4 - Donald & Arlene Kielley - Continued) • Roelofs asked if in concept the one garage, which encroaches the road, was removed and the other enlarged, if this would be a feasible alternative. It was clarified to Roelofs that the garage portion that extends into the right -of -way is not figured into the calculations. Jabbour explained the 15% lot coverage allowance to the applicant and contractor. Callahan said he would be interested in seeing the concept on paper as he does see the benefit of changing the garage and removing it from the right -of -way. Kielley asked if concrete was counted as hardcover. The variances, hardcover, and structural coverage were explained. Mabusth said paving was not structure. Paving is hardcover. The allowable is 15% in building and 25% in hardcover. ( #5) #2036 ROBERT J. GOUNTANIS, 1098 LOMA LINDA AVENUE - VARIANCES - RESOLUTION Callahan moved, Hun seconded, to refer Application 92036 back to the Planning Commission per the request of the applicant. Ayes 5, Nays 0. (#6) #2038 RICHARD HEIT, 1153 ELMWOOD AVENUE - VARIANCES - RESOLUTION #3588 • Contractor for Mr. Heit was present. • Mabusth reported the application is for a two story, 10x28' lakeside addition to the residence, located outside of the 0 -75' setback but in front of the average lakeshore setback. There would be no impact on the neighbor to the south and the other neighbor's residence is located on a higher elevation. The expansion would be of a dining room on the second story and a screened porch and exercise spa on the lower Ievel. The side setback variance requires an 8" variance with the structural now at 9'6" and proposed at 9'4 ". There is a hardcover excess on the property. It exists at 52% and is proposed at 51 %. The difference between this review and one from 1988 is in the paving. The paving is located in the City turnaround and was originally counted in the calculations but has now been credited. The appficant's garage is located within the platted right -of -way and the turnaround installed within the applicant's property. The City is asking for legal combination of Lots 19 and 8. Mabusth reported in the Planning Commission review, erosion was noted along the north side of the property. The Engineer has reviewed and recommended tile be extended to the front of the residence, buried, and seeded. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 14,1995 (#6 - Richard Heit - Continued) Kelley referred to Exhibit G and asked how the neighbor to the north's property, which is • a vacant lot, is accessed. The gravel drive provides the platted right -of -way for the access according to Mabusth. The lots can still be combined even if this divides it. It is maintained by the City. The vacant lot has been denied as buildable in conceptual review. The owner of the lot's home is located across the street from the property. Goetten asked if there was any hardcover removal. Mabusth said one section of hardcover would be removed. The Planning Commission had noted erosion problems and recommended the retaining walls and plastic remain for stabilization. This area is located downhill and water drains to it. There is a culvert on the property. A bituminous Swale has been suggested to aid the drainage. The Planning Commission suggested an engineering plan to contain the erosion. The resolution notes this suggestion in item 3 of the conclusions. Callahan questioned why the 1988 resolution allowed 3700 s.f. of hardcover in the 75- 250' zone including plastic on the west side and the walkway by the garage and is now at 4213 s.f. Mabusth said this was because the first application did not include the City turnaround paving. There is now more area included in the combination of lots in the 75- 250' zone. Hurr moved, Jabbour seconded, to approve Resolution #3588 per Planning Commission recommendations and conclusions. • Kelley asked if there was 56 s.f of hardcover increase. Mabusth said the structural coverage is the increase but the total hardcover is being decreased. Goetten said the coverage should be limited to what is existing now. Ayes 4, Nays 1, Goetten Nay. Goetten said there is no justification to add more hardcover. It was noted that no variance was required on the structural coverage. ( #7) #2040 DOUG OLSON, 2601 WEST LAFAYETTE ROAD - VARIANCES - RESOLUTION #3589 Dr. Olson was present as well as his contractor, Jim Smith. a Mabusth reported the property contains 800 linear feet of Lakeshore. Before the hardcover calculations were developed, extensive areas of hardcover were removed. This includes a 15x15' boathouse and a stone walkway to the peninsula area. L� 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 14,1995 ( #7 - Doug Olson - Continued) The application is for removal of existing concrete patio and replaced with interlocking blocks in sand resulting in 65 s.f less hardcover. The applicant would like to maintain the walkway to the dock. The Planning Commission recommended approval of the proposal by 3 of 4 total votes. The one Commissioner felt the stepping pads to the dock were not needed. Mabusth noted that the property is 24' from the 929.4' elevation requiring a setback variance for the replacement. The application involves replacement of non - structural for non - structural with 170 s.f smaller area. The decking width is 9' and remains the same. Dr. Olson said there has been talk of remodeling. The goal now is for repair and time to see how it works. Olson asked the stepping stones remain to the dock due to the large goose population. Jabbour said he appreciated the hardcover removal that has taken place and asked for consideration in the car parking area. Hurr inquired of the two docks. One dock is used for the boat with canopy in the lagoon area. The other 15' dock is the swimming area. Kelley moved, Goetten seconded, to approve Resolution #3 589. • Callahan remarked on the variance based on a possible remodeling when that may not occur. The City may re- evaluate the paving when further changes are made. Olson responded that he would like to change the blacktop area but needed to see whether the house was a good fit for his family. Ayes 5, Nays 0. 40 MAYOR/COUNCIL REPORT Hun left the meeting at this time. Jabbour reported on the LMCD meetings recently attended. Moorse had presented Orono's concerns to the LMCD regarding their budget. No questions were answered as no board members with detailed knowledge of the budget were in attendance. Harvesting of eurasian milfoil was discussed but to no further conclusion. ENGINEER REPORT (x#8) CHANGE ORDER A (COMPLETION DATE) LIFT STATION #7 Goetten moved, Hurr seconded, to approve the Change Order #1 for Lift Station #7, which extends the completion date of the project to October 31, 1995. Ayes 5, Nays 0. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 14,1995 CM ADMINISTRATOR'S REPORT ( *#9) APPOINTMENT OF INSURANCE AGENT OF RECORD • Goetten moved, Hurr seconded, to appoint Mr. Carl Bennetsen of R.L. Youngdahl and Associated, Inc., as Insurance Agent of Record for 1996 through 1998, at a fee not to exceed $7,200 per year, including any commissions earned on policy premiums paid by the City. Ayes 5, Nays 0. ( * #10) MORATORIUM ON DEVELOPMENT IN THE HIGHWAY 12 AREA - ORDINANCE #139, 2ND SERIES Goetten moved, Hurr seconded, to adopt the ordinance placing a moratorium on development in the Highway 12 area. Ayes 5, Nays 0. ( #11) SCHOOL LIAISON OFFICER PROGRAM AGREEMENT Moorse reported having met with the School District's Business Manager receiving positive feedback regarding the first year of the School Liaison Officer Program. The School Board recommends continuing with the program and extending the agreement for another year. Callahan questioned the 250 leftover hours from 1994. Callahan did not want to see hours accumulating from one year to the next. • By the end of this next year, according to Moorse, the problem with accumulated hours should even itself out. Kelley commented, with having children in the school, he has first hand knowledge of the excellence of the program and noted the students' awareness of the liaison officer in the school. Callahan moved, Jabbour seconded, to approve the continuation of the school liaison officer program for the 1995/1996 school year, and to authorize the Mayor and City Administrator to sign the agreement. Ayes 4, Nays 0. ( #12) SCHEDULING OF BUDGET WORK SESSION The Budget Work Session was scheduled for August 29, 1995, at 8:00 a.m. ( * #13) SALE OF POLICE VEHICLE Goetten moved, Hurr seconded, to approve the sale of a police department vehicle to the highest bidder as per City ordinance. Ayes 5, Nays 0. • 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 14,1995 ( * #14) TEMPORARY EASEMENT-' WILLOW DRIVE/HIGHWAY 12 • PROJECT Goetten moved, Hurr seconded, to authorize payment for a temporary easement from Gil and Anna Braun for an amount of $1,000 to be paid from the Municipal State Aid fund. Ayes 5, Nays 0. ( * #15) RESOLUTION #3590 & AGREEMENT FOR USE OF HENNEPIN COUNTY'S GEO DATA BASE Goetten moved, Hurr seconded, to adopt Resolution #3590 authorizing the City to enter into a conditional use agreement for the use of Hennepin County's proprietary geographical data base and to authorize the Mayor and City Clerk to sign the conditional use agreement. Ayes 5, Nays 0. ( #16) LONG LAKE WATER QUALITY PROJECT AND COOPERATIVE AGREEMENT - UPDATE Moorse reported he had met with the lead manager of the project, Tom LaBounty, to obtain an update on the project and to discuss the agreement. LaBounty informed Moorse of the direction the project is taking with construction of the sedimentation ponds. Two ponds will be located in Long Lake; an easement will be obtained for a pond in Medina; and an agreement has already been reached for a smaller pond located in • Orono. A contingency is in place for a larger pond on the Orono property if needed. The construction of the Long Lake and Medina ponds are scheduled for the upcoming winter. The Orono pond is scheduled the following year. Alum will be introduced into the lake in spring of 1996. Kelley inquired of the cost of cleaning the ponds. It had been estimated at $7,000 /year for the City of Orono. Moorse said it will cost an average of $63,000 for all of the ponds to be cleaned yearly. Kelley asked if this process had been done elsewhere before. Moorse said this had been done in Wayzata for the Gleason Creek project. Jabbour reported that a new project is begun yearly within the watershed district. Upcoming projects are Jennings Bay and Painters Creek. In recent conversations Jabbour had with the MCWD, Jabbour asked that they come to agreement with the pond property owners first before meeting with the City of Orono. Jabbour also asked the MCWD to simplify the current agreement. He also questioned how only Orono residents could be assessed. It was indicated that the MCWD will be developing a stormwater plan, and their philosophy is similar to that of the City of Orono. Jabbour also indicated MCWD believes the money should be spent on fixing and not • studying a problem, with 60 -70% of the money going towards a solution. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 14,1995 ( 416 - Long Lake Water Quality Project & Cooperative Agreement - Continued) Goetten asked about the cooperation efforts of the City of Medina. Jabbour said Medina is questioning whether the pollution is coming from Medina. Callahan asked that paragraph 3.2.1 be eliminated from the agreement. Jabbour said he had informed the MCWD that the contribution by Orono would not exceed $2,000. Kelley moved, Jabbour seconded, to authorize approval of the agreement as amended, eliminating paragraphs 3.2.1 and 3.2.2, with Orono's contribution not to exceed $2,000. Jabbour will speak to the MCWD about the concerns as related in the motion. Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Barrett had no report. ( * #17) LICENSES Goetten moved, Hurr seconded, to approve the following licenses: Ayes 5, Nays 0. Site Evaluator/Designer License One Day On -Sale Liquor License ( * #18) BILLS Development Engineering, P.A. 9051 Flying Cloud Drive Eden Prairie, MN Paula Prahl Smith College Days Minnetonka Center for the Arts 2240 North Shore Drive September 9, 1995 Goetten moved, Hurr seconded, to approve payment of the All Funds Account. Ayes 5, Nays 0. 10 • U CJ MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 14, 1995 ADJOURNMENT • Mayor Callahan adjourned the meeting at 8:45 p.m. ATTEST: 0 n LJ 11 Jr., Mayor