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HomeMy WebLinkAbout05-10-1993 Council MinutesMINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers J. Diann Goetten, Gabriel Jabbour, Charles Kelley and JoEllen Hurr. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Zoning Administrator Jeanne Mabusth, City Engineer Glenn Cook, City Attorney Kevin Staunton, and Recorder Bosma. Jeffrey Johnson and Stephen Peterson represented the Planning Commission. Mayor Callahan called the meeting to order at 8:34 P.M. ( #1) CONSENT AGENDA Jabbour added Items #5, 7, 8 and 11. Kelley added Item #20. Mayor Callahan added Items #22 and 23A. is It was moved by Jabbour, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 5, nays 0. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. ( #2) WEST HENNEPIN HUMAN SERVICES PLANNING BOARD COMMENTS LaDean McWilliams reported they are celebrating the organization's 20th anniversary and presented a plaque to the City for its continued support. Mayor Callahan thanked the organization for the fine work they are doing. McWilliams reported there are now 19 cities participating. ( * #3) APPROVAL OF MINUTES It was moved by Jabbour, seconded by Goetten, to approve the minutes of the regular Council. meeting held April 26, 1993. Ayes 5, nays 0. PARK COMMISSION COMMENTS • There were no comments. 1 0 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 PLANNING COMMISSION COMMENTS Jeffrey Johnson suggested since the Council will be appointing new members, this would be an opportune time to establish a joint session with the Planning Commission. Mayor Callahan thanked him for his past service. PUBLIC COMMENTS There were no comments. ZONING ADMINISTRATOR'S REPORT ( #4) #1806 JON & SHIRLEY BILLIGMEIER, 2935 FARVIEW LANE - VARIANCES - RESOLUTION #3272 Mr. and Mrs. Billigmeier were present. Mabusth explained the applicants seek a setback variance for a • proposed accessory structure (tennis court) which is required to be placed behind the front line of the existing residence and maintain a 50' setback. The tennis court is proposed at a 17' setback because if the structure was moved to the south, the topography is very steep and several mature trees would have to be removed that now provide a natural buffer. The tennis court will meet the required side setback of 30'. Approval is conditioned upon the septic system being staked prior to construction. There will be a 6' high retaining wall to support the base of the tennis court. Goetten questioned whether the setback from the septic system could be met. Mabusth stated the tennis court will meet the 20' setback from the septic system and that is why the retaining wall is to be installed to allow for drainage to flow away from the septic system. Goetten clarified that the only real concern is the placement of the tennis court in the front yard. Mabusth noted in the entire development, there never has been an accessory structure placed in the front yard, but with the natural screening in the area and the curve of the road, the tennis court will not be that noticeable. She noted several of the neighbors • appeared at the Planning Commission meeting in support of the project. 2 CJ MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 ZONING FILE #1806 - CONT. It was moved by Jabbour, seconded by Hurr, to adopt Resolution #3272 for Application #1806 Jon and Shirley Billigmeier, 2935 Farview Lane, approving a front yard setback and allowing the accessory structure to be placed in front of the principal structure. Ayes 5, nays 0. ( * #5) #1807 SUSAN MARIE SUMEY, 1330 CHERRY PLACE - CONDITIONAL USE PERMIT /VARIANCE - RESOLUTION #3273 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3273 for Application #1807 Susan Marie Sumey, 1330 Cherry Place, approving a conditional use permit and variance to allow major land alterations within the lakeshore yard. Ayes 5, nays 0. ( #6) #1810 HENRY DENERO, 1245 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT - RESOLUTION #3274 Mr. DeNero was present. Mabusth explained the applicant seeks approval of a conditional use permit for a second story guest apartment over an attached garage that has existed for years. Because of the extensive remodeling and because of the kitchen in the guest apartment, the applicant was required to file the application. There is a breezeway that connects the residence to a garage. The breezeway area does not connect directly to a stairs that takes you to the upper level apartment. Access is through a separate door at the exterior of the garage. The fact that this did not meet the requirement of an internal access concerned the Planning Commission. But they also noted the breezeway does not have a permanent foundation, and there is adequate area to support a guest house unit on the property. Jabbour and Goetten disagreed with the Planning Commission's findings. Goetten stated to have a guest house the property must have the ability to be divided and the guest house survive on its own. Mabusth stated the property meets only the area standards for such. Jabbour said if this is to be considered as a guest house, it must is meet all required setbacks. 3 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 ZONING FILE #1810 - CONT. Mr. DeNero clarified that this garage /apartment structure has existed since 1937 and was previously used as a caretakers' apartment. During the process of updating the apartment, they were told of the need for the conditional use permit. Jabbour stated he does not have a problem with the area requirement of the permit, but rather it being referred to as a guest house. Being called such will restrict the owner from future use of the property. Mabusth noted the resolution approves the non - rental apartment, rather than a guest house. Mayor Callahan questioned the applicant's intent for the apartment. DeNero said they may use the area for a full -time caretaker. Mayor Callahan noted several years ago, the Council decided guest apartments were fine as long as access was through the principal residence. He suggested they consider their policy on guest house uses again. Goetten noted that the unit has existed in the past. Kelley noted they have allowed non - conforming uses in the past when the structure has existed prior to zoning code standards. Jabbour disagreed with the Planning Commission's reference to the structure as a guest house as this wi I I prohibit future development of the property. He agreed with the Mayor that they should re- consider their policy. Kelley questioned whether they have the power to revoke the conditional use permit if it is determined the area is being rented. Mabusth indicated that is always a condition of approval. It was moved by Mayor Callahan, seconded by Goetten, to adopt Resolution #3274 for Application #1810 Henry DeNero, 1245 Sixth Avenue North, approving a conditional use permit for a legal non- conforming, grandfathered, non - rental apartment, and directing the Planning Commission to review the non - rental guest apartment ordinance. Ayes 5, nays 0. 0 4 C7 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 ( * #7) #1812 THOMAS PATRICK GOODYEAR, 712 TONKAWA ROAD - VARIANCES - RESOLUTION #3275 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3275 for Application #1812 Thomas Patrick Goodyear, 712 Tonkawa Road, approving a variance to allow a second story addition. Ayes 5, nays 0. ( * #8) #1814 THOMAS BERTHIAUME AND CHERRYL KACHENMEISTER, 3035 CASCO POINT ROAD - VARIANCES - RESOLUTION #3276 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3276 for Application #1814 Thomas Berthiaume and Cherryl Kachenmeister, 3035 Casco Point Road, approving variances to construct a second story addition to the lakeside of the residence and a grade level deck extension at the side. Ayes 5, nays 0. • ( #9) #1816 KENT & SUSAN SWANSON, 3229B CASCO CIRCLE - VARIANCES - RESOLUTION #3282 Goetten reported her vehicle sustained $176.00 while backing out of the driveway. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3282 for Application #1816 Ken and Susan Swanson, 3229B Casco Circle, approving variances to allow a 10' addition to the existing attached garage and a two story family room addition at the lakeside. Ayes 5, nays 0. ( #10) #1818 RUSSELL LUND ESTATE, 905 TONKAWA ROAD - CLASS III PRELIMINARY SUBDIVISION - RESOLUTION #3277 Dario Anselmo was present to represent the estate. Mabusth explained the applicant proposes a two lot subdivision of a property located within the LR -1B zoning district. The proposal satisfies all lot standards. There is 11.8% excessive hardcover in the 250 -500' setback area. The Planning Commission considered either adding 25,000 square feet to the 250 -500' setback, or possible removal of hardcover. It was also added, that if the lot line is readjusted, it would encourage new construction on Lot A • to move closer to the lake and would be forcing the applicant into an average lakeshore setback situation. E MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 ZONING FILE #1818 - CONT. The Planning Commission recommended approval as presented, conditioned upon removal of the asphalt portion of the ramp partially located in the 0 -75' and the 75 -250' setback areas. At the meeting, the applicant voiced concern with potential erosion if the ramp is removed. Mabusth cautioned that erosion be addressed if the ramp is to be removed. It is recommended that the antenna towers be removed, including the bolts for the one located in the kennel. It is recommended that the 20' wide sewer easement be vacated, and that applicant proceed with the application prior to final approval. The shed on the lot line will be removed or relocated on the developed lot. Jabbour commented that under the shoreline management regulations, it was recommended that the entire shoreline area be considered as one zone. He felt it was best to consider hardcover in each zone, however here is a situation that is not following the norm. Goetten put the applicants on notice that any future proposals for • additional hardcover may not be approved without additional removals or tradeoff. It was moved by Hurr, seconded by Jabbour, to adopt Resolution #3277 for Application #1818 Russell Lund Estate, 905 Tonkawa Road, granting preliminary approval of a Class III subdivision. Ayes 5, nays 0. ( * #11) #1819 GREG PETERSON, 1920 SHORELINE DRIVE - RENEWAL VARIANCE - RESOLUTION #3278 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3278 for Application #1819 Greg Peterson, 1920 Shoreline Drive, granting a renewal variance to construct a new residence on the property. Ayes 5, nays 0. ( * #12) FOREST ARMS SILTATION - INFORMATION ONLY It was moved by Jabbour, seconded by Goetten, to accept the information regarding the Forest Arms siltation matter. Ayes 5, nays 0. • C: • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 ( * #13) JOINT USE DOCK LICENSE - LAUER /ENLOW /LINDAHL - RESOLUTION #3279 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3279 approving the 1993 Joint Use Dock License to the owners of property located at 3155 North Shore Drive, 3185 North Shore Drive and 1406 Bohn's Point Road. Ayes 5, nays 0. MAYOR /COUNCIL REPORT A) Mayor Callahan referred to the status report submitted to the Council. There were no comments. B) Jabbour noted at the last meeting he casually suggested they consider dedicating the Council Chambers to Brad VanNess, former Mayor, and felt it should be done prior to the Open House. Hurr asked if they have ever considered a dedication to all leaders of the Community, perhaps recorded on the bricks. • Jabbour sai d he f I t Brad stood fast to a way of I i f that they are enjoying today and for years to come. Goetten felt Brad is worthy of the dedication, but that should not preclude dedication to others. C) Kelley said he is concerned that the sewer pond property will not be retained by the City as open space. He felt land, in the City of Orono's name may be a rare commodity in the future, and the City should retain what it currently owns. He felt they may never be able to obtain or afford additional park land within the City. Jabbour noted they are only looking to sell 5 acres of the 37. Kelley stated his position is that they should not sell any of the property and it should be saved for future generations of Orono. ENGINEER'S REPORT ( #14) BIKE TRAIL — OLD CRYSTAL BAY ROAD Dick Flint and L i I i McMillan were present to represent the Park Commission. Cook reviewed the location and design of the trail. is Mayor Callahan inquired if they will also lose trees. in a comparable fashion as south of Highway 12 along Old Crystal Bay Road. 7 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 BIKE TRAIL — CONT. Cook noted primarily they will lose brush Hurr noted during the tour there was discussion about if the curb and gutter is necessary, why not move the trail further off the road and place the plantings on private property. Cook stated there is only one location of the trail which is narrower. Hurr said she would support the trail being moved further from the road whenever possible. Jabbour requested the plans and specifications include all trees to be removed north of Silver View. He felt they should condition approval on appropriate replacements being identified, and such replacements are the responsibility of Hennepin Parks. He felt they should not go out of their way to get an easement to plant trees. He said all issues should be presented to residents along the trail • and the residents should be kept informed of progress. Goetten pointed out she was very concerned about several residents' protest, and indicated the Council values their concerns. She suggested postponing a decision for two weeks to allow time to meet residents on the site to address concerns. Hurr felt they could still deal with the residents' concerns if the project is approved as. the bike path is totally on the right -of - way. Kelley said he is in favor of the project, but does not want the trees to be removed and replaced with nothing. He said before he will approve the project, he would like to see a landscape plan for every location where trees are to be removed and replaced. Goetten agreed. Cook indicated the trees will be planted by Hennepin Parks and wiII not be a part of the bid document. Goetten stressed the importance of discussing the issue with the residents. Jabbour stated he would like to know what Hennepin Parks intends to provide. He said the City should reserve funds in case the City is needs to plant additional trees. 8 C] 4 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 BIKE TRAIL — CONT. Kelley said he would like to have a commitment from Hennepin Parks that the trees will be planted this fall. Flint said the Park Commission feels it will take much longer than two weeks to do the plan including the trees, in part because there is only 2' available in which to plant trees. That is not enough room to plant trees in and the City will have to work with every property along the trail. He proposed they stake out the entire trail and then write a letter to everyone requesting a meeting to work with them regarding replantings. Goetten understood that the Silver View area is where the residents had real concerns. She agreed that the entire process would take longer, but urged the Park Commission to begin the process with the that owners immediately as they have not heard from anyone. Hurr agreed that they need to talk to everyone along the trail. is Kelley felt the leverage was now. He said he did not want to commit to the project until he was aware of the entire scope of it. Jabbour questioned the contract with Hennepin Parks. Flint stated the drafting errors included in the contract have not been corrected. Cook noted at any time the bids can be rejected. Mayor Callahan clarified that the Council is unwilling to approve the bids until they are satisfied with the landscaping and the trees. All members agreed. He agreed that sending the bids out does not commit to anything. Hurr agreed and felt they should begin the process. Cook stated it would be s i x weeks before they would be ready to approve the bids. Hurr felt that residents would *still have time for input and would not feel as though the project has been finalized. Moorse asked how the project would be funded. • Mayor Callahan stated the expected source of funds was the highway funds. i7 r� MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 BIKE TRAIL - CONT. It was moved by Hurr, seconded by Jabbour, to authorize the staff to let the bids for the project, and during the interim directed the Park Commission to contact all abutting property owners regarding the screening and report back to the Council on this prior to accepting the bids. Hurr agreed that it would take the full six weeks to meet with the residents to discuss the replanting types. Goetten stated her concern was that there has been plenty of time to have gotten all this done prior to this point. She said she is concerned with making a deal prior to talking with the residents. Mayor Callahan requested a report by the next meeting on the discussion with the residents at the corner of Silver View. He noted he is also concerned with the property at the corner of Watertown and Old Crystal Bay Road. He thought it would be useful to the property to have the bike path and retain some natural • screening. He asked for a report regarding this property. Gerhardson indicated staff has discussed the possibilities with the owner. Kelley understood that the portion along the Dickey property would not be curbed. He hoped wherever the trail deviates from the right - of -way that curbs would not be constructed and it be left as rural as possible. Cook replied that they would request bids on both ways. Jabbour added curbing is required to use MSA funds. Vote: Ayes 3, nays 2. Kelley and Goetten voted nay. Motion carried. ( #15) WEST HENNEPIN PIONEER MUSEUM PRESENTATION Marge Gasch was present to reiterate her concerns regarding the preservation of the old Town Hall. Marie Gorman, past president of West Hennepin Pioneer Museum, and Earl Taylor were also present. She requested preliminary approval of the preservation. She reported this building is one of four buildings that have any preservation value left in Orono. She referred to the article about the Town Hall and Cecil Clyde Gideon. r� U 10 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 WEST HENNEPIN PIONEER MUSEUM - CONT. Gasch said after meetings with staff, they have developed a plat map indicating a location for the Town Hall building to be moved to, a proposal to move the building, a consideration of the Lion's Club to fund the foundation for the building, and a landscape plan. She said the proposed location has been chosen because it would be filled with history about the City, and the proximity to the school to enable the children to use the facility. She suggested it be used only in the spring, summer and fall, and not be heated in any way. Hurr asked if the inside would be restored. Gasch said that would be done. She said the City of Independence has preserved their old Town Hall, and Earl Taylor will speak to that. Goetten indicated the neighbors have requested the building remain • at the original site. Gasch stated their main reason for moving the building is to locate it near the school. Goetten said there is not much dry buildable area at this site. Gasch noted it is very isolated where it is currently located, but that may be a possibility. Mayor Callahan said he has not made up his mind on the subject, but has a tendency to leave the building where it is. He indicated if the area at Crystal Bay is left as open space, the building marks the center of the City, and he felt it seems appropriate to leave it there. He indicated he would like to finish the new facility area prior to moving in additional buildings. Several people have come forward with suggestions, including the building used as a post office. He felt there is no rush to decide, but appreciated the time put into the project. Jabbour felt the building has a substantial historical significance, and should be preserved for historical purposes. Earl Taylor explained the museum association leased the Independence City Hall for $1.00, and the City of Independence is responsible for the liability and maintenance. The museum is 49 responsible for security, heating and cooling. 11 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 WEST HENNEPIN PIONEER MUSEUM — CONT. Hurr said she would be willing to work with Gasch on options. She felt there may be some merits for leaving the building at its current site. Mayor Callahan appointed Hurr to work with Gasch on this matter. ( #16) PLANNING COMMISSION APPOINTMENTS Mayor Callahan announced the ordinance will be changed to reflect three year, staggered terms. The Planning Commission members are to serve for the time appointed or at the discretion of Council. The appointments are as follows: One year terms - Mr. Lindquist and Mrs. Berg Two year terms - Mr. Noland and Mrs. Smith Three year terms - Stephen Peterson, Charles Schroeder and Candace Rowlette Planning Commission Chair - Charles Schroeder • Planning Commission Vice Chair - Stephen Peterson Mayor Callahan felt there should be a statement in the preamble section indicating it is the intention of the Council that the terms of the Planning Commission members are revolving after a maximum of two terms. It was moved by Mayor Callahan, seconded by Goetten, to approve the language amending Section 2.50 and 2.51 as submitted, and directed staff to draft the appropriate ordinance, and appoint the persons to the terms as indicated. Hurr suggested the language be changed to read Planning Commission members are allowed to serve the initial term plus two three -year terms. She requested an amendment to the motion reflecting this language. Kelley seconded that amendment. Vote on the amendment: Ayes 3,.nays 2. Goetten and Mayor Callahan voted nay. Motion carried. Vote on the appointments to serve up to 9 years: Ayes 5. nays 0. motion carried. 12 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 PLANNING COMMISSION APPOINTMENTS - CONT. Goetten stated one reason people are appointed to the Planning Commission is that the Council hopes that some day they will become a member of the Council. She felt six years was long enough. ( #17) POST OFFICE LEASE It was moved by Mayor Callahan, seconded by Jabbour, to adopt the Post Office lease as presented. Ayes 5, nays 0. ( #18) APPOINTMENTS TO THE NORTH TONKA CRIME PREVENTION COALITION It was moved by Jabbour, seconded by Mayor Callahan, to appoint Steve Sullivan and Barbara Peterson to the North Tonka Crime Prevention Coalition. Ayes 5, nays 0. ( #19) ESTABLISHMENT OF WORK SESSION TO REVIEW COUNTY ROAD 15 SAFETY IMPROVEMENTS CONCEPT PLAN • Mayor Callahan suggested the plan be presented at a regular Council meeting so the public can hear what is proposed. All members agreed to have a presentation at the beginning of the next Council meeting. ( * #20) STUBBS BAY ASSESSMENT APPEALS: CHARLES BALGAARD, 3435 EASTLAKE STREET - RESOLUTION #3280 GREGORY EHALT, 105 CYGNET PLACE - RESOLUTION #3281 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3280 amending the Stubbs Bay Sanitary Sewer assessment roll - reduction of principal amount of assessment for property located at 3435 Eastlake Street. Ayes 5, nays 0. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3281 amending the Stubbs Bay Sanitary Sewer assessment roll - reduction of principal amount of assessment for property located at 85 Cygnet Place. Ayes 5, nays 0. ( #21) LAKE ACCESS MONITORING APPROVAL DNR Mayor Callahan noted the agreement states "all accesses in the City" and questioned how many there are in Orono. Gerhardson stated there are two public access for boat launching in Orono. They are requesting to use only the access off Loma Linda. 13 r� U MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 LAKE ACCESS MONITORING APPROVAL DNR - CONT. It was moved by Hurr, seconded by Jabbour, to approve the Right of Entry Permit with the DNR to access any public access that are used as a launch in the City. Ayes 5, nays 0. Mayor Callahan requested staff to provide a list of all public accesses administered by the City. ( * #22) PAY REQUEST NO. 2 GENERAL OFFICE PRODUCTS - FURNITURE It was moved by Jabbour, seconded by Goetten, to authorize Payment No. 2 City facilities furniture for general office products. Ayes 5, nays 0. ( #23) GOOSE CAPTURE AND RELOCATION PROGRAM Moorse explained this was a four year contract with the University. The Council is asked to either continue the program or draft a new contract. • Mayor Callahan felt the interested parties should present a contract prior to approval. Hurr felt that if this program is offered to one neighborhood association, it ought to be available to all associations. Kelley felt that if the City expends funds for goose removal, the City should also expend additional funds for other programs such as snow removal. It was moved by Hurr, seconded by Mayor Callahan, to deny the request to participate for a fifth year with the goose removal program for Pheasant Lawn. Ayes 5, nays 0. ( * #23A) TEMPORARY PARKS HELPERS - TIM HULTMAN & DAVID MAY It was moved by Jabbour, seconded by Goetten, to authorize the employment of Tim Hultman as a Temporary Parks Helper at an hourly rate of $6.00 effective May 12, 1993. Ayes 5, nays 0. It was moved by Jabbour, seconded by Goetten, to authorize the employment of David May as a Temporary Parks Helper at an hourly rate of $6.00 effective May 12, 1993. Ayes 5, nays 0. • 14 0 • • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 ( * #24) LICENSES It was moved by Jabbour, seconded by Goetten, to approve the following licenses: Septic System Installer: Barfknecht Excavating Garbage Haulers: Westonka Sanitation Woodlake Sanitary Service Inc. Special Event Permit: American Heart Association MN Affiliate Ayes 5, nays 0. ( * #25) BILLS It was moved by Jabbour, seconded by Goetten, to approve payment of the All Funds Account. Ayes 5, nay 0. ADJOURNMENT Mayor Callahan adjourned the regular Orono City Council at 10:35 p.m. AVEST: ward J. C lah 15 Mayor