Loading...
HomeMy WebLinkAbout10-11-1993 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING 0 HELD OCTOBER 11, 1993 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers J. Diann Goetten, Charles Kelley, JoEllen Hurr and Gabriel Jabbour. The following represented staff. City Administrator Ron Moorse, Building & Zoning Administrator Jeanne Mabusth, City Attorney Kevin Staunton and Recorder Marva Hurst. Mayor Callahan called the meeting to order at 7:30 p.m. ( #1) CONSENT Kelley added items #6, #11. Mayor Callahan added items #15, #22. It was moved by Goetten, seconded by Hurr, 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) APPROVAL OF MINUTES It was moved by Goetten, seconded by Hurr, to approve the minutes of the September 27, 1993 Council meeting. Ayes 5, Nays 0. PARK COMMISSION COMMENTS Item #18, Park Commission Recommendation regarding the Provision of Ball Fields on School District • Property was included for discussion at this time. Randy Bosma and Steve Carlson from OBA were present. Bosma handed out some information and gave a brief description of what was included. Kelley asked about OBA's proposal for Bederwood if the work won't be completed until July. Bosma stated that OBA would need Bederwood through the end of 1994, at which time they hope to have the new fields up and running for use through 1995. OBA would then revert to using Bederwood 2 nights per week. Kelley asked about the total cost of Bederwood Park to OBA. Bosma stated that it was $29,000. Approximately $8,200 was spent repairing a drainage problem. Hurr asked about the ownership of the improvements. Bosma stated that OBA was to install the improvements at their cost and at the time of moving the program, OBA could move the improvements or leave them intact. The Park Commission recommended that the improvements be left intact. OBA prefers to leave the improvements intact. Hurr asked how much children from non - participating cities would pay. Bosma stated that these children would pay a sur- charge. r� MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 11, 1993 • PARK COMMISSION COMMENTS CONT. Park Commission Chair Flint was present and commented on the OBA proposal stating that the three objectives are as follows: 1. Operation of an excellent program, 2. Fulfillment of promises to residents that it would be a non - permanent program, 3. That the project is compatible to the overall Park Plan. It was moved by Jabbour, seconded by Kelley, to recommend approval of Park Commission recommendation regarding the provision of ball fields on school district property to be used by OBA two nights per week and approves the expenditure of $20,000 to acquire the equipment. Ayes 4, Nays 1. Mayor Callahan voted nay stating he feels it is undesirable to spend public money for a private organization and that if the School Board declined to be involved there may be reason to look at the proposal more carefully and that there is a concern that the Hockey Association may make a similar proposal in the future. ( #3) CABLE COMMISSION COMMENTS Jim Daniels was present. Mr. Daniels gave a brief presentation of the budget for the Cable Commission stating that it is similar to the previous year's budget with the exception of two additional council meetings scheduled. It was moved by Hurr, seconded by Callahan, to approve the 1994 Budget for the Cable Commission. • Ayes 5, Nays 0. , PLANNING COMMISSION COMMENTS Dale Lindquist was present. There were no comments from the Planning Commission. PUBLIC COMMENTS There were no comments from the public. ZONING ADMINISTRATORS REPORT ( #4) #1850 JAMES SPINNER, 940 NORTH ARM DRIVE - VARIANCES It was moved by Kelley, seconded by Goetten to table the application for Variance until Mr. Spinner could be present. Ayes 5, Nays 0. ( #5) #1854 TROY ANDERSON, 1490 LONG LAKE BOULEVARD - VARIANCES - RESOLUTION #3337 Mr. Anderson was present. Mabusth explained that applicant is seeking side and rear setback variances for a garage addition to be installed on the north side of the residence. Applicant will be installing additional plantings to minimize visual impact. The septic system will need to be relocated and installed. Hurr asked if primary and alternate septic sites are required. PA MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD OCTOBER 11, 1993 ZONING FILE #1854 CONT. Mabusth explained that the code does not require alternate testing for developed properties seeking improvements. It was moved by Hurr, seconded by Goetten, to adopt Resolution #3337 for applicant Troy Anderson, 1490 Long Lake Boulevard, granting setback variances for construction of an attached garage. Ayes 5, Nays 0. ( * #6) #1855 PAUL E. BOWMAN, 3458 NORTH SHORE DRIVE - VARIANCES - RESOLUTION #3336 Mr. Bowman was present. It was moved by Goetten, seconded by Hurr to adopt Resolution #3336 for applicant Paul E. Bowman, 3458 North Shore Drive, granting setback variances for construction of a second story above the existing residence. Ayes 5, Nays 0. ( #7) # 1857 JAMES L. STINSON, 2623 CASCO POINT ROAD - VARIANCES Mr. and Mrs. Stinson were present. Mabusth explained that applicant is proposing a principle structure addition to the lakeside of the residence along with a deck reconstruction adjacent to that addition. She explained further that the • greatest concern is that this addition of the principle structure extending into the average lakeshore setback could allow neighboring structures to expand lakeward without need of variances. Structure does meet the 75' setback however. Hurr asked why there is no date or signature on the survey provided and questions whether Council should use and depend on this survey. Mr. Stinson stated that this was the survey the building inspector provided to him. Kelley stated he would like to know from the applicant in writing what the hardship is. Hun stated she would like to know if there were any stipulations added at the time the deck was installed. It was moved by Kelley, seconded by Callahan, to send application back to the Planning Commission and have the applicants present the revised proposal and updated survey and state their hardships. Ayes 5, Nays 0. ( #8) #1859 JEFFREY D. MUELLER, 222 BEDERWOOD DRIVE - VARIANCES - RESOLUTION #3338 Mr. Mueller was present. Mabusth explained that applicant seeks a variance to side setback for a detached garage addition, and a variance allowing the accessory structure to be placed in front of the front line of the existing residence. N MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 11, 1993 • ZONING FILE #1859 CONT. It was moved by Hurr, seconded by Kelley, to adopt Resolution #3338 for applicant Jeffrey D. Mueller, 222 Bederwood Drive, granting side and front line setback variances to permit reconstruction of a detached garage subject to applicant applying for the legal combination of all three separate parcels. Ayes 5, Nays 0. ( #9) #1860 ZELMA MCKINNEY, 3599 LIVINGSTON AVENUE - CONDITIONAL USE PERMIT Mrs. McKinney and her daughter, Gayle Siegler were present. Mabusth explained that applicant is applying for a conditional use permit to allow the continuation of a nonconforming duplex use. She went on to explain that Planning Commission members viewed the property and felt it appeared to fit in with neighboring residences. The Planning Commission also questioned whether the City could legally not approve the Conditional Use Permit. There was no deadline for applying for a conditional use permit to allow the continuation of a nonconforming use in the code. Hurr asked when the property was sewered. Mabusth stated it was sewered sometime in the early 1960's. Mayor Callahan asked if the City can enforce the owner - occupancy status of the property. City Attorney Staunton stated that he would have to review the information. • There was discussion regarding the various possible off - street parking spaces in addition to the two - stall garage and where they could be placed. It was moved by Kelley, seconded by Jabbour to table action until the City Attorney can review the case and determine whether the City can enforce the owner- occupied status. Ayes 4, Nays 1. Hurr voted nay, stating that she feels the use should be allowed because there was no deadline required in which residents had to apply. ( #10) #1861 JEFFREY S. LEECH, 720 NORTH ARM DRIVE - VARIANCES RESOLUTION #3339 Mrs. Leech was present. Mabusth explained that applicant seeks approval to permit installation of a new foundation under an existing detached garage require side and street setbacks and hardcover variance. The proposal will reduce the already excessive structural lot coverage on the property. Planning commission recommended approval. Hurr expressed concern about inadequate documentation in that the survey does not show all improvements. It was moved by Hun:, seconded by Kelley, to adopt Resolution #3339 for applicant Jeffrey S. Leech, 720 North Arm Drive for setback, hardcover and lot coverage variances to permit the installation of a new foundation beneath the existing detached garage. Ayes 5, Nays 0. 4 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD OCTOBER 11, 1993 ( * #11) #1865 DAVID OWEN, 2248 SHADYWOOD ROAD - VARIANCES RESOLUTION #3340 It was moved by Goetten, seconded by Hurr, to adopt Resolution 93340 for applicant David Owen, 2248 Shadywood Road for hardcover and setback variances to permit the installation of a new concrete garage floor and concrete parking pad to the immediate west. Ayes 5, Nays 0. ( 412) #1866, #1867, #1868 JAMES AND JOANN JUNDT, 1400 BRACKETT'S POINT ROAD - VARIANCES - RESOLUTIONS #3341, #3342, #3343 Marcus Jundt, representing Mr. and Mrs. Jundt, was present. #1866 Mabusth explained that application #1866 involves a conditional use permit to allow a second floor caretaker apartment within principle structure. The issue of internal access was reviewed noting principle access is via interior of residence and a secondary staircase from the garage. There is no intention of the applicant to rent this unit. It was moved by Kelley, seconded by Hurr to adopt Resolution #3341 for applicants James and Joanne Jundt, 1400 Brackett's Point Road granting a Conditional Use Permit to allow the continued use of a caretaker apartment located in the second floor level of the existing principal residence. Ayes 5, Nays 0. #1867 is Mabusth explained that applicant is requesting variances for a lakeside deck which will be used to store dock sections and irrigation structure /equipment. Jabbour asked about the elevations from the water landward and whether or not they would be cutting into the hill to install the deck. Mr. Jundt explained that the deck would not require cutting into the hill. Goetten inquired about the need to house the irrigation equipment on the deck. Kelley asked where the current irrigation system exists. Applicants representatives explained there is a large bunker -type structure underground that houses the irrigation equipment now. The problem with using the existing structure is that the existing equipment does not work and there are no plans indicating where the piping/electrical service are located and thus would be very difficult to install new equipment. It was clarified that the proposed structure that will house the irrigation system is only 4 feet high, and is not a substantial structure. It is a lock -box type structure. Hurr stated that she felt the proposed deck in front of the lock -box is not necessary, and that she would not approve it. Mayor Callahan commented that the Planning Commission approved the deck with conditions that it be used only for dock storage and not for entertaining. It was moved by Hurr, seconded by Kelley, to adopt Resolution 93342 for applicants James and • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 11, 1993 • ZONING FILE #1866, #1867, #1968 Joann Jundt, 1400 Brackett's Point Road granting variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and 2 to permit construction of an access stair with landing and lock box structure for irrigation equipment, but without the deck in front of the irrigation structure with 4 x 4 landing deck located 2' from the shoreline where a 75' setback would be required and resulting in a .60% hardcover where no hardcover is allowed. Ayes 3, Nays 2. Mayor Callahan and Councilmember Jabbour voted nay. #1868 Mabusth explained that applicant is requesting a conditional use permit to allow the continued use of the detached guest house structure. There are no proposed improvements to the structure. She explained further that applicant requests a change in the Resolution, page 2, Section 3b, where it says "this structure would never remain as a principal structure" to be rewritten "it is unlikely that this structure would remain as a principle structure ". It was moved by Jabbour, seconded by Callahan, to adopt Resolution #3343 as drafted for applicants granting a Conditional Use Permit and accessory structure floor area variance to allow continued use of the detached guest house structure with caretaker apartment. Ayes 5, Nays 0. ( #13) #1873 JACK EDWARDS, 1340 REST POINT CIRCLE - VARIANCES RESOLUTION #3344 Mr. Edwards was present. Mabusth explained that applicant proposes a multi - purpose two -level detached structure, and storage • addition, requiring street setback and hardcover variances. Applicant proposes to exchange new structural hardcover for removal of non - structural hardcover. It was moved by Hurr, seconded by Goetten, to adopt Resolution #3344 for applicant Jack Edwards, 1340 Rest Point Circle granting setback and hardcover variances to permit the construction of an upper level garage addition and lower level storage addition to the existing accessory structure. Ayes 5, Nays 0. ( #14) #1663 MARK JOHNSON, 4465 BAYSIDE ROAD A) REQUEST TO EXTEND EFFECTIVE PERIOD OF PRELIMINARY SUBDIVISION APPROVAL -RESOLUTION #3345 B) FINAL PLAT .APPROVAL - RESOLUTION #3346 Mabusth explained that the effective period of Preliminary Subdivision Approval expired in September, 1992 and applicant could not file final plat approval as a result of circumstances beyond applicant's control. It was moved by Goetten, seconded by Jabbour, to adopt resolution #3345 for application Mark Johnson, 4465 Bayside Road, granting an extension of the Effective Period of Preliminary Approval for a Plat at 4465 Bayside Street. It was moved by Jabbour, seconded by Callahan, to adopt Resolution #3346 approving the Plat of Johnson Wheeler 1st Addition. Ayes 5, Nays 0. • W MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD OCTOBER 11, 1993 ( * #15) #1869 BARBARA AND SIDNEY REBERS, 2080 WAYZATA BOULEVARD - VACATION OF EASEMENTS AND SUBDIVISION CREATING NEW EASEMENTS - RESOLUTION #3347 It was moved by Goetten, seconded by Hurr, to adopt Resolution #3347 for applicants Barbara and Sidney Rebers, 2080 Wayzata Boulevard to vacate a Drainage and Utility Easement within the plat of Sugar Woods. Ayes 5, Nays 0. ( #16) REQUEST FOR PAYMENT NO. 6 AND FINAL - 400,000 GALLON ELEVATED TANK It was moved by Callahan, seconded by Goetten to approve water tower payment No. 6 and Final, including change order No. 2, to Pitt-Des Moines, Inc. in the amount of $62,596.50. Ayes 5, Nays 0. ( * #17) RESOLUTION - COMPLIANCE WITH METROPOLITAN COUNCIL "INTERIM STRATEGY" #3336 It was moved by Goetten, seconded by Hurr, to adopt Resolution #3336 indicating the City of Orono's Intent to Comply with Metropolitan Council's "Interim Strategy to Reduce Nonpoint Source Pollution to all Metropolitan Water Bodies ". Ayes 5, Nays 0. (18) PARK COMMISSION RECOMMENDATION REGARDING THE PROVISION OF BALL FIELDS ON SCHOOL DISTRICT PROPERTY This item was discussed under Park Commission Comments. • #19 ALAN NETTLES SEWER CONNECTION CHARGE Hun asked if this would be setting precedent. City Attorney stated that this would cause a precedent so that in the future, an identical situation would have to be handled similarly. Jabbour felt it would be wise to collect the assessment at the proposed interest rate. It was moved by Jabbour, seconded by Goetten, to approve Mr. Nettles proposal with the understanding that it is because this is an existing structure with a failing septic system. Ayes 3, Nays 2. Kelley and Mayor Callahan voted nay. MAYOR/COUNCIL REPORT 1. It was moved by Goetten, seconded by Hurr, that the Council will give more direction to the Park Commission regarding planning and the City's vision for the future regarding City parks. Ayes 5, Nays 0. 2. Goetten noted that a letter is forthcoming from Bob Vasek of MNDOT answering questions posed by the Willow Task Force. 3. Kelley wondered when Council would set aside some time to assist City staff with direction on various issues, i.e.: how to bring issues to council; adequacy and completeness of material in planning applications. Mayor Callahan added that Council needs to complete a review of the City Administrator in October. • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 11, 1993 • MAYOR/COUNCIL REPORT CONT. 4. Hurr requested that Council set meeting date to evaluate the City Administrator . It was set for October 18, 1993 at 7:30 a.m. 5. Mayor Callahan stated that he will be recommending a resolution at the next council meeting suggesting that the LMCD be abolished and that a joint task force should be substituted. 6. Jabbour requested that meetings regarding County Road 15 be published 2 or 3 times so that residents have an opportunity to become aware and attend these meetings. Hurr commented that the next meeting is scheduled for October 25, 1993 at 7:00 p.m. ENGINEERS REPORT There was no one present from the City Engineers Office. ( #20) DRAFT WORK PLAN - SEPTIC MORATORIUM Moorse explained that this is an information item. ( * #21) TRANSFER TO FIRE EQUIPMENT FUND It was moved by Goetten, seconded by Hurr, to authorize payment of $30,000 from the 1993 General Fund Fire Protection Budget to the Improvement and Equipment Outlay Fund, to establish the Reserve • for Fire Truck account and to increase the Revenue Budget $30,000 in the Improvement and Equipment Outlay Fund. Ayes 5, Nays 0. ( * #22) SCHEDULING OF ADDITIONAL HEARING DATE FOR THE TRUTH IN TAXATION HEARING PROCESS It was moved by Goetten, seconded by Hurr, to approve scheduling of additional hearing date of December 8, 1993 at 7:00 p.m. Ayes 5, Nays 0. ( #23) LOGIS WIDE AREA NETWORK Ron Moorse explained the situation as it exists and potential problems with the systems. Goetten and Hurr both felt this topic should be discussed at a budget meeting. Kelley felt that any under - budget monies from the 1993 Budget should be earmarked for this need. It was moved by Callahan, seconded by Jabbour to accept the information and table action. Ayes 5, Nays 0. ( * #24) LICENSES It was moved by Goetten, seconded by Hurr to approve the following licenses: Site Evaluator License - Larry's On -Site Septic Septic System Installers License - Ingleside 40 - 1;W MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 11, 1993 ( * #25) BILLS It was moved by Goetten, seconded by Hurr, to approve payment of the All Funds Account. Ayes 5, Nays 0. ADJOURNMENT It was moved by Goetten, seconded by Hurr, to adjourn at 10:26 p.m. :7 WA, I P", wwwel, a, ASIM � I I Ed ' / • 9