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HomeMy WebLinkAbout08-25-1986 Council Minutes.r 'Y t ✓ � MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 ATTENDANCE 7:01 P.M. The Orono Council met on the above date with the following members present: Acting Mayor Adams, Councilmembers Grabek, Frahm, and Callahan. Mayor Butler was absent. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Chief of Police Kilbo, Building & Zoning Administrator Mabusth, and City Recorder Peterson. City Attorney Elizabeth Thompson was also present. OATH OF OFFICE CONSENT AGENDA* Chief Ki 1 bo introduced newly appointed Police Officer Mark Moran. He reported that Mr. Moran is 33 years old and has two children; has served 4 years with Medina and 2 years with Hazen, ND Police Departments before being hired in Orono; and has had all required schooling. City Administrator Bernhardson administered the Oath of Office to newly appointed Police Officer Mark Moran. It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to approve the Consent Agenda* subject to removal of Item #17 (Contract Revision - Dahlgren, Shardlow & Uban) per Acting Mayor Adam's request. Motion, Ayes 4, Nays 0. APPROVAL OF MINUTES It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to approve the Revised Minutes of the July 28, 1986 Council meeting as submitted. Motion, Ayes 4, Nays 0. It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to approve the Minutes of the August 11, 1986 Council meeting as submitted. Motion, Ayes 4, Nays 0. PARK COMMISSION COMMENTS PARK COMMISSION CHAIR RESIGNATION - BARB PETERSON* There were no comments from the Park Commission at this time. Per City Administrator Bernhardson's memo, Barb Peterson has resigned her position as Chair of the Park Commission, however would like to remain a member of the Park Commission. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 PARK COMMISSION CONTINUED It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to accept the resignation of Barb Peterson as Chair of the Park Commission thanking her for her three years of service as the Park Commission Chair and instructing staff to bring back names of interested individuals for the September 22, 1986 meeting for Council consideration. Motion, Ayes 4, Nays 0. PUBLIC COMMENTS Martha Diesen, 1100 Townline Road, presented a petition requesting the City to impose a year around load limit and reduce the speed limit on Townline Road. ZONING ADMINISTRATOR'S REPORT: #1022 CHARLES A. SCHALL 605 PARK LANE VARIANCE RESOLUTION Charles and Marilyn Schall were present for this matter. Their contractor, Marty Bethke was also present. Applicants request to construct a new attached garage with a bedroom above the garage. The structure is proposed to be 7.7 feet from the .side lot line, 3.5 feet from the roadway, includes a net reduction from 4.1% to 2.5% hardcover in 0 -751, and a net increase in hardcover from 48.8% to 52.2% in 75 -2501. The structure is proposed to be at a peak height 3' lower than the existing house. City Administrator Bernhardson explained that this request was originally presented in June, tabled on behalf of the neighbors so that their attorney could review it, subsequently tabled on behalf of the applicants so their attorney could review. Applicants requested that the matter be placed on this meeting's agenda and were advised that there would be four Council members present. Mr. Schall stated that the neighbors (Stan & Betty Rudd) have not objected to the proposed garage but are opposed to the additional living space above. He stated that they have demonstrated sufficient hardship to support the need for an additonal second story bedroom. He noted that considerable planning has been done and this is the best plan they can work out. Stan & Betty Rudd, 601 Park Lane, and their Attorney, James McKinnon, were present. 2 z: MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 #1022 SCHALL CONTINUED James McKinnon stated that based on comments made at the last meeting, he felt that Council was trying to balance the equities between the desires of the applicants and the impact to the neighbors. He stated that from a legal standpoint, the Council has no legal right to reach that argument until they first find that there is an undue hardship with respect to the variance. Based on his legal research under Minnesota law, an "undue hardship" involves deprivation of the beneficial use on one's property unless the variance were granted (example: a need for a bedroom within a house with no bedrooms at all). After the need is determined, then they must determine whether that need can be accomplished without a variance. He stated that, in this case, he felt the need can be accomplished without a variance by changing the existing second story to a shed roof line which could accommodate 3 bedrooms and a bath. Mr. McKinnon noted that the City of Deephaven is currently denying variances even if there is no opposition from neighbors because their City Attorney has advised them they do not have the legal authority to grant variances unless they find an "undue hardship ". He advised the Council to look at its legal requirements and get an opinion from their City attorney before consideration of balance of equities. Mr. McKinnon noted that the proposed addition takes away all of the Rudd's open space. Councilmember Callahan asked if the applicant's are not against the garage addition and if not, how high can a garage be under the code. Zoning Administrator Mabusth stated that code height restrictions on a garage is 301. Mr. McKinnon stated that the Rudd's are not against a variance for the garage, however he felt that if a variance should be granted for a garage it should be for a normal garage height to maintain the intention of the code. Acting Mayor Adams stated that he felt the drafted Resolution was a little soft on the hardship documentation. City Administrator Bernhardson stated that staff has not revised the resolution since the last meeting because they were expecting the applicants and their attorney to come forward with legal research and information. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 #1022 SCHALL CONTINUED City Attorney Thompson stated that she would like the opportunity to review the issues before commenting. Councilmember Grabek stated that he is in favor of tabling the matter until they get a legal opinion. The Scha l l's stated that they have decided to try and resolve this matter on their- own as citizens of Orono without having to hire an attorney. Acting Mayor Adams asked that all Councilmembers visit the site before the next meeting. Marty Bethke, contractor for applicant, stated that for the record in response to Mr. McKinnon's suggestion to change the roofline, it would not be a practical solution because it would then create a problem in maximum height code restrictions. It was moved by Councilmember Grabek, seconded by Acting Mayor Adams, to table this application until the September 8th Council meeting. Motion, Ayes 4, Nays 0. #1026 MIKE HILBELINK /JOHN VOGT 1060 OLD CRYSTAL BAY ROAD PRELIMINARY SUBDIVISION RESOLUTION #2035 Mike Hilbelink and John Vogt were present for this matter. City Administrator Bernhardson stated that following the last Council meeting in which Council made a motion regarding access on this preliminary subdivision application, applicants have come back with an alternative road design'for the Council to re- consider. Zoning Administrator Mabusth explained the applicants proposal for a 50' access corridor located on the east side to be shared by Lots 2 & 3 based on the following: 1) assure ability to have both houses face west with walk -outs to the rear. 2) reduce number of curb cuts from 2 to 1. 3) reduce road construction costs. Mabusth noted that the corridor would serve future subdivision development of Hallson Estates. City Administrator Bernhardson stated that this proposal would avoid the issue of a north /south corridor to the boundary line and also would be advantageous to Hallson Estates because of the cost of another road being put in and also would provide more useable land credit. 0 MINUTES-OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 #1026 HILBELINK/VOGT CONTINUED = Mr. Hilbelink presented a signed letter from Mrs. Grace Rosch stating she is not in favor of giving up any property on her east lot line for a road. Council discussed applicant's alternative and felt it would solve the issues of access and minimizing curb cuts for future development of the adjacent parcels of properties. It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to adopt Resolution #2035 approving the preliminary subdivision designating a 50' wide corridor in the east side of Lots 2 and 3 for a shared access to those lots; and noting Council's intent that this corridor will serve the Hallson Estate development; and noting that the covenants address fair compensation for users of the access from the Hallson Estates development. Motion, Ayes 4, Nays 0. #1046 DOUGLAS J. ZUMBUSCH 1535 LONG LAKE BOULEVARD VARIANCE /CONDITIONAL USE PERMIT RESOLUTION #2036 Douglas Zumbusch was present for this matter. City Administrator Bernhardson explained the request to replace an existing lakeshore stairway and replace or add certain retaining walls in the lakeshore yard either to preserve existing trees or to create a safer area for mowing. Planning Commission recommended approval of plans to have stairway treads and landings of porous gravel over geotechnical fabric which would result in 4.8% hardcover in the 0 -751. Councilmember Frahm questioned if the proposed 81x12' landing at the bottom of the stairs by the lake is not considered a structure or hardcover because it consists of loose gravel underlain by porous geotechnical fabric, and noted the fact that it may be setting a precedent. Zoning Administrator Mabusth asked Mr. Zumbusch the reason for needing the 8'x12' landing patio area. Mr. Zumbusch stated that the there is a steep slope from the house patio area directly to the lake and he wanted the landing to accomodate a sitting area but is not meant for high use. Councilmember Frahm stated that the geotechnical fabric issue should be defined and that in the past it has been allowed in the 0 -75' for necessary structures but not for patio areas. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 #1046 ZUMBUSCH CONTINUED Councilmember Grabek stated that he had no problem with allowing access to the lake but felt it was extreme to allow the patio area. Acting Mayor Adams suggested that this application be treated as two - parts: 1) recommending approval of the stairs and retaining walls as proposed 2) tabling approval of the patio area until staff and Council review the geotechnical fabric issue. Mr. Zumbusch stated that he had no problem with Acting Mayor Adam's suggestion. Zoning Administrator Mabusth noted that the survey did not show any of the retaining walls that might encroach into the City fire lane property. It was moved by Acting Mayor Adams, seconded by Councilmember Callahan, to adopt Resolution #2036 approving the variance and conditional use permit excluding the patio area and subject to a completed survey showing all the improvements. Motion, Ayes 4, Nays 0. After discussion between Council and staff, it was decided that they did not want to get into the issue of allowing patios with geotechnical fabric within the lakeshore area for aesthetic reasons as well as hardcover reasons or declaring it non - hardcover; and that geotechnical fabric use would only be approved in conjunction with necessary structures. Staff was instructed to review and make their recommendation regarding geotechnical fabric and also relay the Council's opinion to Mr. Zumbusch and the Planning Commission. #1061 LARRY AND LINDA COOK 3765 WATERTOWN ROAD VARIANCE RESOLUTION #2037 City Administrator Bernhardson explained the request to construct a 20'x30' horse barn on a property that is 196' wide. Ordinance requires such structures to maintain 150' side setback from property lines. The applicant's originally proposed the barn to be 10' from the Butterfield Greenhouse property line, noting that the Butterfield property is a semi - commercial use of property. Planning Commission recommended approval of the barn 50' from the property line and subject to obtaining written approval from the Butterfield's. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 11061 COOK CONTINUED Larry Cook was present and submitted the letter of approval from the Butterfield's. MAYOR'S REPORT: CABLE TV REPORT: Acting Mayor Adams stated that he was comfortable with the Planning Commission recommendation subject to applicant being put on notice that he is only allowed a maximum of three horses on the property. Councilmember Frahm asked applicant if he proposed a riding ring. He also noted that a conditional use permit is required for any training done. Mr. Cook stated that he planned to have a riding ring which would be located approximately 50' from the property line. Councilmember Frahm questioned whether the original proposal of 10' from the semi- commercial use property would be more appropriate in order to maintain more distance from the strictly residential area. Mr. Cook noted that there is also a natural screening of mature trees between his property and the Butterfield property. It was moved by Councilmember Grabek, seconded by Acting Mayor Adams, to adopt Resolution #2037 approving a variance to construct a barn 50' from the property line (per Planning Commission's recommendation) subject to a 3 horse limit. Motion, Ayes 4, Nays 0. There was no report from the Mayor. Acting Mayor Adams stated the at the last Cable TV meeting the budget was approved noting the philosophy in which Cable TV budgets their monies. He also noted that approximately 1/3 of the households in Orono are being hooked up to Cable TV. CITY ADMINISTRATOR'S REPORT: DOCK.PERMIT ON PLATTED RIGHT -OF -WAY - BIG ISLAND RESOLUTION #2038 City Administrator Bernhardson explained the request for a dock permit on a parcel of land (an interior lot) that has had a dock on the City right -of -way for the past many years which is currently undergoing a change of ownership. Since the City does require a permit to allow them to have a dock on City right -of -way, staff 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 #DOCK PERMIT CONTINUED recommends that this be permitted subject to the owner being liable to any use related, that the dock be maintained appropriately, and effective until such time as there are other requests from other inland properties requesting a dock at the same location. It was moved by Acting Mayor Adams, seconded by Councilmember Grabek, to adopt Resolution #2038 approving a dock permit on a platted unimproved right - of -way known as Bay Place on Big Island to serve Lots 19 and 20, P.I.D No. 23- 117 -23 23 0033, until such time as there are other requests from other inland properties requesting the installation of a dock at this location. Motion, Ayes 4, Nays 0. BIG ISLAND BOARD OF GOVERNORS City Administrator Bernhardson explained that the Big Island Board of Governors made a letter request in early August to be put on the agenda, in which staff responded by letter requesting that they contact staff ahead of time to no avail. Present for this matter were: Donald A. Miller, Stuart H. Gorney, Alan Wiedorf, Joe Backus, and Lance Bartlett. Don Miller explained that the Chairman of the Board of Trustees, Leonard Carlton, has been out of town therefore was unable to respond to staff's letter. As former Chairman of the Board and friend, Mr. Miller was asked to speak on behalf of Chairman Carlton and the Board of Governors. Mr. Miller reviewed the process that was undertaken in order for the vets to retain possession of the Vets camp. He explained the areas of concern while trying to rebuild the camp noting that most of these problems existed for many years prior to possession of the property, less than a year ago, by the Board of Governors. 1) City has issued 3 citations for the storage of fish houses on the island, noting that the fish houses have been stored on the island previous years and this is the first year the Board of Governors has had any control. He stated that the issue is now tied up in the court system between the city and the owner of fish houses and the Board of Governors is caught in the middle of the issue. 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 BIG ISLAND BOARD OF GOVERNORS CONTINUED 2) City requiring them to have a conditional use permit merely to allow volunteer workers to stay overnight to do necessary clean -up the island, noting that they must appear before the Council and pay a fee for the permit. He stated that they have at least two more scheduled weekends of volunteer work and the conditional use permit expires 8/31/86. 3) The Board of Governors received a letter from the City informing them that they need permission to put in hiking trails on their own property. 4) Cost involved in requiring individual permits for any work being done to each of the buildings. Mr. Miller stated that the Board of Governors as the new group are experiencing troubles from the City which were not given to the State of Minnesota when they held possession even though the same conditions existed. He stated that if the City expects the Board as volunteers to move mountains on this project, that the City could at least give them some time. The Board asks the following from the City: 1) Retract the statement of committing this property to the Hennepin County Park Board. 2 ) Give them the chance to operate as a veteran's camp as it has since the late 19201s. 3) Discard the Council's policy of favoring taking away the camp from the vets and giving it to the Park board. Without the resolution of theses differences the Board of Governors feels that their only alternative would be to petition for secession from the City of Orono. Councilmember Grabek asked Mr. Miller why they feel the City has singled out them as a new board. He also questioned the Council's position on wanting the property to go to Hennepin Parks. Mr. Miller stated that the City did not want to take on the State of Minnesota by enforcing the violations prior to their ownership. Regarding the Council's position, City Administrator Bernhardson stated that in Orono's comprehensive plan stated that both Deering Island and Big Island would be best in public ownership, noting that this policy has been in the plan for a number of years. He also noted when this was discussed by the Council back in March, statements were made that the City would offer veterans a reasonable opportunity to put the camp together and were granted a conditional use permit for the work but E MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 BIG ISLAND BOARD OF GOVERNORS CONTINUED required a master plan be submitted in December, which is still the direction in which the City is following. He noted that at the time the conditional use permit was granted the Board promised the City that the fish houses would be removed by May 15th. Mr. Miller stated that they cannot respond to the violation because it is being handled in court. Councilmember Grabek stated that as the owner of the property it was their responsibility to solve the problem and must face the consequences of being tagged for an illegal situation. City Administrator Bernhardson stated that the matter was continued by defendents attorney until the end of September without notification to the City attorney but that Orono's attorney got it rescheduled for September 2, 1986. City Administrator Bernhardson stated that staff finds no problem with extending the conditional use permit. Regarding the hiking trails, the ordinance does have limitations. He reiterated the need for a master plan being submitted in December in order to do any other work not contained in the conditional use permit. He stated that the best policy is to have a separate building permit for each building, however the reducing or waiving of fees could be addressed by Council as a separate issue. Councilmember Grabek stated that he was in favor of waiving the fees because it is volunteer work for a veteran's camp, however, the Board should follow through with committments made or be subject to citations. He stated that he would like to see a nice camp for the veteran's, not the disgraceful conditions that have existing in the past. Councilmember Frahm stated that he personally does not care whether the property is a veteran's camp or a Hennepin Park, his only concern is that the property is something nice and safe. The Council stated that the Board should work with the staff to work out these problems. The Council unanimously stated that it is not their intent to see the property turned over to Hennepin Parks. It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to extend the Conditional Use Permit until December 31, 1986. 10 ` r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 BIG ISLAND BOARD OF GOVERNORS CONTINUED Regarding the building permit fees: Councilmember Grabek in favor of waiving fees, Acting Mayor Adams would like more information of fees involved but would be in favor of waiving excess or unusual fees, Councilmember Callahan would like to review the master plan before waiving fees. City Administrator Bernhardson stated that staff would review the fees involved and bring back a report to Council at their September 22nd meeting. WESTONKA SENIOR CENTER - REPRESENTATIVE Bernice Putt, President of the Westonka Senior Center, introduced their Coordinator, Cathy Bailey, and the seniors present for this matter. Ms. Putt stated that the Westonka Seniors would like to express their thanks and appreciation to the City of Orono for their assistance and cooperation, noting the the seniors are very proud of the center's success and without the City's backing would not be possible. Ms. Putt summarized the numerous activities and accomplishments by the center in the past year. Council thanked the Westonka Seniors for coming to the meeting and sharing this information with them. NOERENBERG PARKING PLAN Present for this matter from the Hennepin Park District were: Deborah Bartels, Marty Jessen, and Don King. City Administrator Bernhardson reviewed with the Council the three alternative re- designed parking lot plans. Staff recommends Alternative 2 because it would minimize the amount of parking lot tear -up and may make possible any expansion amenable to use of grass pavers. Alternative 2 - Alternative 2 is a reduction from the original plan eliminating the bus turn- around and shrinking the size of the parking lot. For overflow parking, there would be mountable curbs for people just driving up on grass in the proposed expansion area. Future expansion would provide minimum disruption of growing plants if it is ever needed and authorized. Deb Bartels stated that they also prefer Alternative 2 because of easier circulation of cars and overflow parking access. She stated that Alternatives 1 and 2 meet the fire code lane requirements whereas Alternative 3 does not. She noted that they would like to install two parking stall test areas of grass pavers in the overflow parking area for future expansion area use. 11 i MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 NORRENBERG PARKING PLAN CONTINUED Councilmember Frahm stated that he was not in favor of Alternative 3 because it was too close to the lot line. LIQUOR STORE MEETING It was noted that there will be no need for the overflow parking area to be used in the winter, therefore grass pavers would most probably be a successful alternative to paving because the area wi 11 not have to be plowed. It was moved by Councilmember Frahm, seconded by Acting Mayor Adams, to accept Alternative 2 for the Noerenberg Park Parking Plan. Motion, Ayes 4, Nays 0. It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to accept the report and direct the Administrator to prepare in conjunction with the 3rd Quarter report the steps and issues for the City to se 11 its liquor operation business. Motion, Ayes 4, Nays 0. City Administrator Bernhardson reminded the Council of the two following upcoming meeting: Hwy. 12 Corridor Study Meeting - September 3, 1986 Orono High School 1987 Budget Meeting - September 17, 1986 at 6:00 PM Orono City Council Chambers UTILITY RATE -* ORDINANCE NO. 24 SECOND SERIES It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to adopt Ordinance No. 24 Second Series as an Ordinance amendment to the fee schedule for the water and sewer utility rates effective 1 July 1986. Motion, Ayes 4, Nays 0. CONTRACT REVISION DAHLGREN, SHARDLOW & UBAN Acting Mayor Adams suggested that the area defined should include the area to Brown Rd. It was moved by Acting Mayor Adams, seconded by Councilmember Frahm, to approve the contract revision and also include the stretch between Willow and Brown Rd. with Dahlgren, Shardlow & Uban by $2,000.00 to reflect additional work in conjuction with the Highway 12 Corridor Study for detailed site plans of four alternatives and that it be taken out of the contingency funds. Motion, Ayes 4, Nays 0. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 25, 1986 PART TIME HIRING -* ROSE BURMASTER It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to hire Rosemary Burmaster as a part -time employee at the Liquor Store at $4.75 per hour commencing Saturday, August 16, 1986. Motion, Ayes 4, Nays 0. HIGHWAY 12/WILLOW* JOINT RESOLUTION #2039 It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to ratify the Joint Resolution #2039 with Long Lake regarding Highway 12. Motion, Ayes 4, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to accept City Administrator Bernhardson's Information report regarding Lyric Avenue, Police Supervisory Selection, Comparable Worth, Quorum /Voting Rules, and Countryside Neighborhood. Motion, Ayes 4, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Thompson had nothing to report. EXECUTIVE SESSION No Executive Session was held. LICENSES* BILLS* It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to approve the following Licenses: Firearm Use Permit - Park Sportmen's Club One -Day Set -up Permit - Art Center of Minnesota Motion, Ayes 4, Nays 0. It was moved by Councilmember Frahm, seconded by Councilmember Callahan, to approve payment of the All Funds Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 9:24 P.M. It was moved by Councilmember Frahm, seconded by Acting Mayor Adams, to adjourn the regular Council meeting at 9:24 P.M. Motion, Ayes 4, Nays 0. 13 v � Tim Adams, Acting Mayor