HomeMy WebLinkAbout09-11-1995 Council Minutesr
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 119 1995
• ROLL
The Council met on the above date with the following members present: Mayor Edward
Callahan, Jr., Council Members Charles Kelley and JoEllen Hurr. Council Members
Gabriel Jabbour and J. Diann Goetten were absent. 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, City Engineer Glenn Cook, and Recorder Sherry
Frost. The meeting was called to order by Mayor Callahan at 8:25 p.m.
( * #1) CONSENT AGENDA
Hun moved, Kelley seconded, to approve the Consent Agenda. Ayes 3, Nays 0.
APPROVAL OF MINUTES
( * #2) REGULAR MEETING OF AUGUST 28, 1995
Hurr moved, Kelley seconded, to approve the Minutes of the Regular City Council
Meeting of August 28, 1995, Ayes 3, Nays 0.
PARK COMMISSION COMMENTS
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No representative of the Park Commission was present.
PLANNING COMMISSION COMMENTS
Planning Commissioner Dale Lindquist had no comments.
PUBLIC COMMENTS
There were no public comments.
ZONING ADMINISTRATOR'S REPORT
( #3) #1980 A &T DEVELOPMENT, 460 PARK AVENUE - VARIANCES -
REQUEST TO A.-NY-END ACCESS PLAN - RESOLUT loll #3595
The applicant was present.
Mabusth reported that the original access was approved via the unimproved 30' right -of-
way on Park Avenue. Staff never considered Tonkawa for access as it is the general
practice of the County not to approve a new curb cut. However, the County has given
• their approval for a realignment of the drive.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON SEl L1�1LL \ ii, A_V.7
( #3 - #1980 A &T Development - Continued)
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Council asked the Public Works Director, Gerhardson, if this application meets with his
approval, which it does.
Kelley moved, Hurr seconded, to approve Resolution #3595 for the request to amend the
access plan approved for Appucenon u i 980 or, December 12, 1994. Ayes 3, 14 ay s v.
(` #4) #20�3�6 R[OB7E�R�T ^J. GOUNTANIS, 1098 LOMA LINDA AVENUE -
Y�t1i�IA CES - R-ESOLU 11 "11 tt0070
Mr. Gountanis was present.
Mabusth reported that the Application originally was for a detached 22'x22' garage with a
principal structure of 26'x38.5', which was revised at the directive of the Council, who
suggested a tuck -under garage with a reduction in the building pad. The amended plan
calls for the garage to be partially tucked into the structure. The building pad is reduced
but anew 7'x11' addition has been made to the building pad. This addition is for a single
story entrance area with a closet and access stair to the upper level. The garage is shown
with a upper level.
Hun questioned the second level of the garage. The Planning Commission did not want
a two -story garage at its present location because of its proximity to the public right -of= •
way and the structure being near the lot line. The amended plan shows the structure
moved away from the lot line and the right-of-way.
Mabusth said the side setbacks have been changed and the structure is now shown at IT
from the public right -of -way and 3 P from the lakeshore.
Hurr inquired under the issues for consideration 93 regarding whether the relocation of
the garage minimizes the impact of a second story. The elevation of the property with
the structure will be lower than that of the neighbor resulting in less impact of looming
over one another. The applicant said the house also sits closer to the street than the
neighboring home.
Hurr moved, Kelley seconded, to approve Resolution #3596. Ayes 3, Nays 0.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON SEPTEMBER ii, iii0
(#5192039 WALLY CARSON / ORONO LYNHTED PARTNERSHIP, 3010
• SOMERSET LANE - CONDITIONAL USE PERMIT - RESOLUTION #3597
Mabusth reported that the property is in the OId Crystal Bay Road addition. The
application involves the excavation of 1650 cubic yards of fill for a 6' depth pond. The
property is within the rural zoning with on -site septic and house pad. The Engineer has
asked that the top soil be retained and placed on the disturbed land to restore the natural
vegetation. Mabusth noted that the Planning Commission was emphatic about the pond
maintaining a natural look. It is located in the middle of a type 1 wetland, which is not
suppose to be altered. The Mn/DOT 250 mixture is recommended.
Hurr asked if the resolution noted any effect on a future owner if they would desire to
mow the area. Mabusth said the mowing limitations will be noted on the chain of title as
well as in the resolution. There are also covenants on the property regarding protection
of type 1 wetlands. Mowing will not be allowed within 10' of the pond area. Mabusth
said the type 1 wetlands cannot be moved or disturbed.
Hurr asked what material would be used around the house. Mark Gronberg said 2' of
black dirt with clay underneath would be used in the lawn and the clay under the grass
areas. Mabusth noted that the Corp of Engineers permit will stipulate the the drainage
from the residence cannot run back to the pond area. Silt fencing will be used to prevent
this from occurring.
• The owner was present and confirmed that the conditions were understood and was
agreeable with the resolution.
Hurr moved, Kelley seconded, to approve Resolution #3597 for a conditional use permit.
Ayes 3, Nays 0.
( #6) #2045 JOHN STEINMETZ, 1155 BROWN ROAD SOUTH - VARIANCES -
RESOLUTION 43598
Mabusth noted an amended survey has been done to show the traveled road and the
right -of -way. The application requires setback variances from Willow and South Brown
Roads. The Planning Commission had asked that there be at least 45' from the traveled
right -of -way but the amended survey shows it to be at 42'. The proposed addition is to
be 8' from the side lot line but also includes a 6' covered roof deck with no overhang,
which would be 2' from the side lot line and 44' from the traveled road and 48.6' from
Willow Drive.
Mabusth said the Planning Commission recommended the structure not exceed the 15%
allowable lot coverage. The proposal was originally for 16.3% coverage and is now
amended at 14.2 %. There is no problem with hardcover though the property is subject to
the shoreland area controls. The property is also subject to the 50' setback on three sides
as it is a corner lot requiring a rear lot line of 50'.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD : 1`: SEPTEMBER 11, 1995
(#6 - #2045 John Steinmetz - Continued) •
The applicant was present.
Hurr inquired if the County had the adequate right -of -way. Mabusth said the County did
have the adequate right -of -way with 66, adding that most of the road is located on the
east 33'. Mabusth said Dave Zetterstrom from Hennepin County was unable to give any
minimum setback from the road but did say the distance from the traveled road was
adequate.
Callahan noted that an adjustment was made at the Planning Commission regarding the
size of the porch. Mabusth said the porch was to be 8' with 10' at the roof line with a 2'
overhang and located at the 0' lot line.
Hurr moved, Callahan seconded, to approve Resolution 93598.
( #7) #2048 JAMES & JOANN JUNDT, 1400 BRACKETTS POINT ROAD -
CONDITIONAL USE PER IlTiVARIANCE - RESOLUTION #3599
Scott Crawford of Kraus Anderson Construction represented the applicants.
Mabusth reported that the application is for a third residential unit in the oversized
accessory structure for a studio apartment, which already contains a 3- bedroom, 2- level, •
caretaker unit and a 2- bedroom guest house. The one room studio will bring the total
bedrooms to six, all of which will be served by one septic system.
The application was approved by the Planning Commission with conditions placed on the
septic systems. The sewage system was to have been updated by the 1995 construction
season. A petition for sewer is under consideration. The Planning Commission has asked
for septic testing every two months. If failure is found, the system must be pumped out
on a regular basis. Limitations would be placed on the property should this fail.
Kelley asked if Staff knew where the septic tank was located. Mabusth said they did, and
it has been found not to meet the separation required. Tests have been conducted to
show there is adequate area to serve the usage. Kelley asked what would occur if the
MUSA line is not extended to this area. A new septic system would be installed.
Mabusth suggested stipulating a deadline date for installation of septic should the MUSA
line amendment fail. Callahan asked if the applicant agreed to update the septic in the
original resolution. Mabusth said this was true. Callahan said no deadline should then be
needed.
Hurr asked what kind of septic was on the site at present. There are two mound -type
septic systems, one for the main residence and one for the accessory structures. Four
septic sites were tested. Hurr asked if it is realistic to have six - bedrooms within the
accessory structure, and Mabusth said it was. •
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD O`T SEPTE +iB :11, 1395
( #7 - 92048 James & Joann Jundt - Continued)
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It was noted that this is the sixth application by the applicants.
Callahan moved, Kelley seconded, to approve Resolution #3599. Ayes 3, Nays 0.
( #8) #2050 WILLIAM TOLES, 3165 NORTH SHORE DRIVE - VARIANCE -
RESOLUTION #3600
The applicant was not present but was represented by the realtor for the property.
Gaffron reported that the application is for hardcover and average lakeshore setback
variances. The property was subject to a variance application in 1988_ The current
hardcover calculations match that which were approved in 1988. The proposed pool
would be 115' from the shoreline. The average lakeshore setback is defined by the house
to the northeast, and the house on the west, which is set back. Gaffron said there would
be no impact on these neighboring homes.
The hardcover calculations shows 33.1% existing in the 75 -250' zone, where 25% is
allowed, and is proposed at 32.6 %. The reduction in hardcover will be acquired through
the removal of 1390 s.f of landscape fabric and plastic and 400 s.f of concrete and wood
patio.
• The pool was looked at as structure. The Planning Commission recommended approval
of the application with reductions as noted in hardcover. The applicant was asked to
reduce more hardcover if this was possible.
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Hun said she saw no problem with the average lakeshore setback but saw no hardship to
add to the structural hardcover. Hurr asked if there was anywhere to reduce the amount
of hardcover. Gaffron said any fim then removal would affect the house or driveway.
It was noted that this application was for a hardcover variance only, not a structural
coverage variance. The structural coverage is at 1 1% with the proposed pool. Gaffron
said the review of hardcover and structure was made due to the issue of non - structural
versus structural hardcover issue with landscape beds and plastic underlayment.
Hun asked for clarification of the reduction of non - structural and decking by 400'.
Gaffron said the reduction is from a patio 2' above grade. The 400 s. f. in patio would be
in exchange for the 1500 s.f. pool. There is a net reduction in non - structural hardcover
of 137 s.f with the removal of 1390 s.f of plastic and fabric.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON SEPTEMBER 11, 10795
( #8 - #2050 William Toles - Continued)
The driveway area was discussed. It had been reduced from 1988. Part of the driveway
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is on an easement and any removal would require approval by the neighbor. it was
included in the calculations in order to compare the hardcover amounts with the
calculations of 1988. If the amount were taken out, it would show a favorable impact,
since 50% of its area is hardcover. The other driveway is needed to gain access to the
detached garage.
Callahan said he was at the Planning Commission meeting where consideration was given
to the problems and voted 6/0 in favor of the proposal.
Hurr said she was concerned with the width of the driveway. Mark Gronberg
commented that most of the driveway was in the next zone, the 75 -250'. The 0 -75' and
250 -500' zones were well under the allowable. It was noted that the pool was set back
115' from the lake and would provide a buffer.
Kelley moved, Callahan seconded, to adopt Resolution #3600. Ayes 3, Nays 0.
(#9) #2051 MICHAEL HH,BELINK/JOHN VOGT, 2760 WATERTOWN ROAD -
PRELIMINARY PLAT - RESOLUTION #3601
The applicants were present. •
Mabusth reported that the preliminary plat application was for a 4 -lot plat of the former
Rosch property located at Old Crystal Bay Road and Watertown Road in a rural
residential zone requiring 2 -acre minimum lots. All of the lots meet the 2 -acre minimum
as well as the width to the rear of the 50' street setback. Suitable soils have been found
for the principal and alternate septic sites with a 6% or less slope for mound systems.
There are type I wetlands within lots 3 and 4, very similar to the previous Carson
application. Covenants will be required for protection of the wetlands and ask that if any
alterations are made to the land, the permits would be received from federal agencies
prior to making application to the City.
The grading plan shows a retention pond. Drainage would be treated prior to entering
the wetland by a retention pond located between lots 2 and 3. The drainage would travel
along lots 3 and 4 to the wetlands, draining through a culvert into the type 1 wetland.
Mabusth said the applicant has also granted trail easements extending to the north on the
west side of the property along Old Crystal Bay Road. A 10' easement is located on the
lower portion of the property and extending to 15' further north. The trail will be
installed by the City. The Park Commission has asked that the area of trail be deducted
from the 8% amount of land allowable for Park Dedication and the rest in cash in lieu of
land.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON SEPTEMBER 11, 1S95
• ( #9 - #2051 Michael Hilbelink/John Vogt - Continued)
Mabusth said there is an issue of two drain outlets on the east side of the property by the
Peterman Addition and directed along the lot line to Old Crystal Bay Road. The outlets
serve no function and can be closed according to the Engineer.
The access for three lots will be served by private road, with lot 4 to the south by existing
curb cut that served the original house. It was noted that if a new road were put in on
the east side, it would create 4 thru lots in the Peterman addition and 3 thru lots in the
current proposal with a lot surrounded on three sides by a road. It was determined to be
best served by an internal road, one reason of which to move around the forested area.
Hurr asked about two alternate septic sites shown in a stand of trees. Hilbelink said a
secondary site was in the stand of trees with the principal, half in and half out. He noted
that if a road were to be located to the east, it would be difficult to find two alternate
septic sites.
Hurr asked about the 10' and 15' easements. The first 200' would be adjacent to the road,
according to Cook, due to the wetlands on the property. The 15' would be required to
stay out of the tree line. It was noted that the easements were already granted for the
trail. The trail will be built this month. The value of the acreage would be deducted
against the 8% park dedication.
• Hurr moved, Kelley seconded, to approve Resolution 93601. Ayes 3, Nays 0.
( #10) #2057 JAMES NYSTROM, 1745 CONCORDIA STREET - VARIANCES -
RESOLUTION #3602
The applicant was represented by architect, Greg Frazee.
Gaffron noted that the application is for a number of variances. The original proposal
was for an addition located 23' from the lake. The Planning Commission was not in favor
of the addition. An amended proposal was presented for a new house located at the 75'
setback line with a 10' deck encroaching the 0 -75' zone. The proposed new garage was
proposed at a central location, which would meet setback requirements. Hardcover was
proposed at 10.1% in the 0 -75' zone, 31% in the 75 -250' zone, and at 601/o in the 250-
500' zone. The Planning Commission saw no justification in encroaching the 0 -75' zone
with a deck and asked for the house and deck to be moved back out of the zone. The
side setback was to change from 10' to 9.6'. It was noted by the applicant's architect that
any change in the house width would adversely affect the room sizes.
Gaffron reported the present proposal shows the house out of the 0 -75' zone with
hardcover at 35% in the 75 -250' zone and at 60% in the 250 -500' zone. Anew
reconfiguration of the driveway eliminates a large portion of blacktop. Hurr said she saw
• no hardship for a side setback variance.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON SEPTI EMBLn 1, 3»
( #10 - 92057 James Nystrom - Continued) •
Frazee said the home was designed as an understated cottage with an upper master
bedroom and bath. With the narrowness of the lot, the applicant wanted a low profile. If
the house were to be made narrower, it would require a second story design. Frazee said
this would not be in keeping with the neighborhood. Hurr voiced concern with the house
height changing in the future if this proposal were approved.
Hurr said she was concerned with the drip line from the proposed residence. The code
requires a 10' separation with a maximum allowed 1 -1/2' encroachment of an overhang in
the 10' setback. The proposed residence shows a 9.5' setback and 2.2' overhang, which
would bring the roof drip line closer to the side setback line.
It was noted that the neighbor's home to the south sits on the lot line as well as the
garage. It was said that a new home would be anticipated in the future on the lot to the
north.
Kelley said he agreed with the need to meet the side setback and maintain the house out
of the 0 -75' zone. Kelley said this would require the house to be 1' narrower on each side
with the overhang.
Hun said this design requires more land than the lot provides. Frazee said the owner
took steps to make improvements on the lot by proposing a new house. Hurr noted the •
old residence "on average" met the 10' side setback. Callahan questioned this conclusion,
opining that it was better to move farther in than 1.6' as presently located on one side.
Hurr said it was her opinion that the side setback should be met as well as no exceeding
of the 1 -1/2' overhang allowable. Callahan noted that the house was moved out of the 0-
75' zone.
Gaffron asked if the footprint to the house were to change, if the Council would like to
see the application again. It was determined if the design met codes, met the side
setbacks, met the 30' hardcover requirement, and was out of the 0 -75' zone, the Council
would approve the application.
Hurr moved, Kelley seconded, to approve Resolution 93602 with amendments as noted.
Ayes 3, Nays 0.
( #11) #2033 DONALD & ARLENE KELLEY, 1670 SHADYWOOD ROAD -
VARIANCE S - RESOLUTION #3603
Mr. Kielley and contractor, Jerry Roelofs, were present.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL.
MEETING HELD ON SEPTEMBER 11, 1995
( #I 1 - #2033 Donald & Arlene Kielley - Continued)
•
During recent review of application by the Council, it was recommended to move the
accessory stricture out of the right -of -way. An amended application is presented moving
the structure 9.7' to the east, 2.6' from the County lot line. The structure is 3 -1/2' from
the accessory structure requiring a separation variance. The structural coverage is now
increased 1% by the moving of the structure to 19 %. Paving has been removed to reduce
hardcover. The rear set back remains the same. The side setback has improved by 2-
1/2'.
Hun moved, Callahan seconded, to approve Resolution 93603. Callahan noted that
although he voted against the resolution at the last Council meeting along with Council
Member Kelley, 3 of the 5 Council Members were in favor of the amended proposal, and
would second the motion to move the matter on. Ayes 2, Hurr, Callahan, flays 1, Kelley.
MAYOR/COUNCIL REPORT
There was no Mayor /Council report.
ENGINEER REPORT
City Engineer Cook had no report.
• Kelley asked Cook to try to save the trees on Watertown Road during the bike trail
construction. Cook said the only trees which would be lost would be in the marsh area.
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CITY ADIVIINISTRATOR'S REPORT
( #12) ADOPTION OF PRELIMINARY 1996 BUDGET, RESOLUTION #3605,
AND TAX LEVY, RESOLUTION #3604
Callahan moved, Kelley seconded, to adopt Resolution #3604 approving the 1996
collectible tax levy at $2,080,840. Ayes 3, Nays 0.
Callahan moved, Hurr seconded, to adopt Resolution #3605 to establish the proposed
1996 General Fund Expenditure Budget at $3,347,755. Ayes 3, Nays 0.
It was noted that the proposed tax levy showed an increase of 3.17% but reflects a
decrease in the estimated actual rate of tax in the City. The tax capacity rate was reduced
from 15.064% to 14.843 %. If the value of a home were to remain the same from one
year to the next, the City taxes on that home would decrease.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON SEPTEMBER 11, 1995
( #13) ESTABLISH TRUTH IN TAXATION HEARING DATE AND TIME
Callahan moved, Hurr seconded, to set the initial Truth In Taxation public hearing for
7:00 p.m., Wednesday, November 29, 1995, at the Orono council chambers, and to set
the reconvened hearing, if required, for 7:00 p.m., Wednesday, December 6, 1995, at the
Orono council chambers, with the final hearing at the December 11, 1995, meeting of the
Council. Ayes 3, Nays 0.
( #14) LETTER OF INTENT TO PURCHASE TWO POLICE SQUADS
Council acknowledged that the purchase of two police squads was in the 1996 budget
and previously discussed.
Hun moved, Callahan seconded, to approve the letter of intent to purchase two 1996
police squads. Ayes 3, Nays 0.
( #15) SCHEDULE PUBLIC INFORMATION MEETING REGARDING
BRACICETTS POINT T CURVE ROAi,`vi%AY UviPROVEMENTS
Callahan said it was his opinion that there was no need for a public hearing on this issue,
but will acquiescence, if it is the consensus of the other members to have a public
information meeting. Kelley and Callahan are against the road improvements along
Bracketts Point. Callahan said only an overlay was needed. •
Hurr suggested dates for the hearing of September 26, 27, or October 3 or 4. Moorse
will contact Jabbour and Goetten to determine a date and will make proper notification to
the public.
(* #16) EXTENSION OF MORATORIUM REGARDING PRIVATE
DRIVEWAYS - ORDINANCE #141, 2ND SERIES
Hun moved, Kelley seconded, to adopt Ordinance 4'141, 2nd Series, an ordinance to
extend the moratorium established in Ordinance #138, 2nd Series, prohibiting the
granting of preliminary subdivision approval or other permits and approval for private
driveways which serve three or more residences. Ayes 3, Nays 0.
( #17) PARK BENCH PURCHASE
Hurr moved, Kelley seconded, to authorize Jason Christensen to build and install six park
benches at a cost of $330, to be appropriated from the Park Fund, with a budget
adjustment of the same amount. Ayes 3, Nays 0.
Callahan asked Staff to convey the City's thanks and appreciation to the Boy Scouts, and
in particular, Jason Christensen.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL.
MEETING HELD UN SEPTEMBER 11, 1997-5
• ( #17 - Park Bench Purchase - Continued)
Hurr received Gerhardson's acknowledgement of satisfaction with the design of the park
benches. A letter of recommendation will be sent to the Boy Scouts. Callahan asked that
the local newspapers be notified of this endeavor, and Hun asked for pictures to be sent
to the press.
( #18) ESTABLISH DATE FOR OFF -SALE LIQUOR LICENSE PUBLIC
HEAR NG
A public hearing concerning the off -sale liquor license application win be conducted at
6:45 p.m., October 23, 1995, prior to the regular City Council meeting.
CITY ATTORNEY'S REPORT
City Attorney Barrett had no report.
( * #19) LICENSES
Hun moved, Kelley seconded, to approve the following licenses: Ayes 3, Nays 0.
Gambling Permit Resolution 43606 Multiple Sclerosis Minneapolis Chapter
• at Jimmies Lounge
3380 Shoreline Drive
•
Special Event Permit
Parade of Homes
( * #20) BILLS
Stickney & Schwartz Builders Inc.
2905 Deer Run Trail
September 9 -24
Weekdays 3 -8 p.m.
Weekends noon -6 p.m.
Brico Development, Inc.
1205 Lakeview Avenue
September 9 -24
Weekdays 3 -8 p.m.
Weekends noon -6 p.m.
Hurr moved, Kelley seconded, to approve payment of the All Funds Account. Ayes 3,
Nays 0.
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MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON SEPTEMBER 11, 1995
ADJOURNMENT
Mayor Callahan adjourned the meeting at 9:40 p.m.
Edwa d J. Callahan, Jr Mayor
Gabri 1 Jabbour, Acting Mayor
ATTEST:
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