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Home My WebLink About09-08-1986 Council Minutesz ^E MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 8, 1986 ATTENDANCE 7:04 P.M. The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Grabek, Frahm, and Callahan. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth,.Assistant Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Barrett was also present. CONSENT AGENDA* Councilmember Adams arrived at 7:07 P.M. following approval of the Consent Agenda. It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the Consent Agenda* subject to removal of the following: Item #21 - Administrator's Information, Deering Island by Councilmember Callahan's request. Item #9 - Spates Avenue Lift Station and Item #17 - Crystal Bay Project requested by Gary Printup. Motion, Ayes 4, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the Minutes of the August 25, 1986 Council meeting as submitted. Motion, Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS Planning Commission member Rovegno was present and had no comments at this time. PUBLIC COMMENTS Gary Printup, 1261 Briar Street, reported that they received information from the arbitration office that the Crystal Bay litigation suit has been settled and that the assessment has been reduced to $5,500. He asked when they could expect the rebate of interest due on the difference between the actual assessment and the original assessment amount. He also requested information regarding the new monthly or semiannual assessment amount so they may prepare for it beginning in November. He thanked those on the Council who sympathized with their assessment plight noting that the City would have saved a substantial amount of money had they settled this action back in April 1985. City Administrator Bernhardson stated that staff will address Mr. Printup's request, in a timely manner, as soon as they have had the opportunity to discuss the issue and get the full facts because the information has not yet been received. 1 a� MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 8, 1986 #1022 CHARLES SCHALL 605 PARK LANE VARIANCE RESOLUTION #2040 Present for this matter were: Charles & Marilyn Schall, their attorney Dave Singer, and their contractor Marty Bethke. Also present were the objecting neighbors, Stan & Bette Rudd of 601 Park Lane, with their attorney James McKinnon. City Administrator Bernhardson explained the request to construct a two -car garage allowing a bedroom above the proposed garage which encroaches into the sideyard setback. This request was tabled for a full Council due to a previous 2 -2 vote by Council. He noted the memo included in Council's packet from City Attorney Thompson. City Attorney Barrett stated that he agreed with City Attorney Thompson's opinion and further stated that he felt the Council should consider the judgement of facts whether the addition would substantially change or alter the impact on the neighborhood noting, if the Council finds that the addition would have minimal impact on the neighborhood, at that point they could proceed. Councilmember Grabek stated that he did not feel that the proposal would have a great overall impact on the neighborhood or Lake Minnetonka, therefore, he made a motion to approve the variance request as presented to allow the Schall's to construct both the garage -and room above. Mayor Butler seconded Councilmember Grabek's motion. She questioned if the additional findings prepared by staff should be included in the resolution. Assistant Zoning Administrator Gaffron reviewed with the Council the additional seven facts or findings of hardships claimed or demonstrated by applicant that may be added to the resolution. Councilmember Adams stated that he would like all seven findings added to the resolution. Councilmember Frahm stated that he felt the addition 5' in height to the proposed garage does make a difference and enfringe upon the neighbors and that there are alternatives. .MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 8, 1986 #1022 CHARLES SCHALL CONTINUED Attorney Dave Singer stated that he concurred with staff's memo and the City Attorney's opinion, however he wanted to note that a bedroom could not effectively be added over the proposed garage at a lower height. Attorney MacKinnon stated, per City Attorney Thompson's memo, that if the Council grants a variance, its record should supports its findings of hardship in regard to both aspects of the variance i.e. the garage expansion and bedroom use. Therefore, Council must find the hardship with respect for the need for another bedroom meaning that applicant cannot put their property to a reasonable use without an additional bedroom. He stated that if Council approves this variance, they would be making a statement to the public that unless they have a 2 -car garage and a 2 -3 bedroom house, they do not have a reasonable use of their property. He also pointed out that the hardship findings made by applicant have not been verified by staff. Staff should determine as fact that the existing den can not be considered a bedroom or whether the basement could be used for additional bedroom area. City Attorney Barrett stated that , as he understands it, that Council must determine as a matter of fact whether the addition of the extra room is of significant consequence; if so, then they need to apply variance standards to the second room. If the Council determines that the height difference as a matter of fact does not rise to a matter of great consequence then they need not apply the variance standards. Mr. Schal 1 stated that according to the City's Building Inspector, in order to use the basement for a bedroom area, it would require code modification and /or variance. He also noted that that his house with the proposed addition would be 200 s.f. less and 30% less hardcover than the Rudd's property. He noted that any other alternatives mentioned have proven to be unfeasable. He stated that he does not feel asking for a two -car garage and a second bedroom is an unreasonble request. Mayor Butler stated that she felt the request for a second bedroom was reasonable and suggested that Councilmember Grabek's motion include the facts regarding the unuseable basement area and the facts of applicant's property vs. the Rudd property. Councilmember Grabek agreed to Mayor Butler's suggestion. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 8, 1986 #1022 CHARLES SCHALL CONTINUED Attorney MacKinnon stated that applicant has confirmed in his statement that the basement could be used with some modification, therefore no hardship should be found. Referring back to the motion made by Councilmember Grabek, seconded by Mayor Butler,, to approve the variance request as proposed and the additional direction to staff for incorporation into the ensuing Resolution #2040. Motion, Ayes 4, Nays 1. Councilmember Frahm voted nay. #1039 WILLIAM J. ULRICH 1595 BOHNS POINT ROAD CONDITIONAL USE PERMIT/VARIANCE City Administrator Bernhardson explained the request for a conditional use permit and variance to install an underground pipe within the lakeshore protected area for the purpose of transporting waters used in a geothermal heating /cooling system to the lake. He noted that a memo from Mr. Ulrich's attorney was hand delivered this day. Staff recommends tabling this matter in order to review Attorney Thomas Humphrey's memo and pending consultation with FWBI and a University of Minnesota groundwater specialist. Present for this matter were: John Noble, Clifford Reep, Gregory Halbert, and Neil K. Johnson. Attorney Halbert wished to review Attorney Humphrey's (who was unable to attend) memo. He pointed out the following issues: 1. The City has no jurisdiction over the installation and use of the geo- thermal heating /cooling system for Mr. Ulrich's residence. He noted that they have obtained the necessary permits and /or authoriziation from all other agencies. 2. The only issues before the City are the issuance of a use permit and variance for the installation of a pipe across the 75 foot setback area from Lake Minnetonka. He noted that applicant has already been granted a variance and conditional use permit for placement of the foundation drain within the 75 foot lakeshore setback area. 3. Sufficient hardship exists so as to justify the issuance of a variance for installation of the subject pipe. 4. Granting of a variance for the installation of the pipe shall not violate any of the criteria set forth in Subdivision 25 of the City Code. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 8, 1986 #1039 WILLIAM J. ULRICH CONTINUED Attorney Halbert anoted that all the concerned agencies have unanimously agreed that there would be a negligible impact. Due to these facts, applicant objects to any further delay in the City's permitting process. Mayor Butler stated that the Council needs the opportunity to review Attorney Humphrey's memo and due to their on -going concern with impact on Lake Minnetonka, they would like to secure the advice of Dr. Hanson of the FWBI and the U of M groundwater specialist. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to table this application until the September 22, 1986 Council meeting. Motion, Ayes 5, Nays 0. #1042 THOMAS J. MAXWELL 3685 WATERTOWN ROAD CONDITIONAL USE PERMIT - SECOND REVIEW RESOLUTION #2041 Present for this matter were Thomas Maxwell and his contractor, Jack Ebert. Assistant Zoning Administrator Gaff ron explained that this item was tabled at the August 11th meeting after a 2 -2 tie vote to approve the combination of the two parcels and grant a conditional use permit for guest house use. Mayor Butler suggested the alternative of constructing the 6 -stall barn on one of the properties and granting a variance to keep up to six horses as long as Mr. Maxwell controls both parcels of property. She stated that she did not agree with the concept of eliminating the lot line and allowing a guest house use because it is creating a potential problem in the future with two entirely separate residences. Mr. Maxwell reviewed the history of the property and stated that he requests to put the property back to its original state - one parcel. He stated that he agrees and understands that he can not rent out the other residence. Jack Ebert reviewed the direction that the Planning Commission and Council has given them since June, which led them to this particular request, to this point. 5 MXNUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 8, 1986 #1042 THOMAS J. MAXWELL CONTINUED Councilmember Frahm stated that he had no problems with the proposal and stated that it was an opportunity for a decreased density in the area. Councilmember Adams stated that he agreed with Councilmemeber Frahm. Councilmember Callahan stated that he. was not in favor of combining the lots which would cause a hardship whereas there currently is no hardship except in relation to the desired thoroughbred horses. He stated that he felt Mayor Butler's alternative was the best solution. Mr. Ebert stated that for all intents and practical purposes 10 acres are needed to accomodate a 6 -stall barn. It was moved by Councilmember Frahm, seconded by Couricilmember Adams, to adopt Resolution #2041 as drafted granting a conditional use permit and variance to permit the guest house use of the residence at 3725 Watertwon Road, which upon lot combination will be located on the same property as the principal residence at 3685 Watertown Road. Motion, Ayes 3, Nays 2. Mayor Butler and Councilmember Callahan voted nay. [1046 DOUGLAS J. ZUMBUSCH 1535 LONG LAKE BOULEVARD CONDITIONAL USE PERMIT/'VARIANCE - SECOND REVIEW City Administrator Bernhardson explained that the patio portion of this application was tabled at the last meeting until Council and staff establish criteria for the use °of geotechnical fabric within the lakeshore protected area. He stated that after reviewing the ordinances, regardless of whether geotechnical fabric is considered hardcover or not, applicant would be required to have a conditional use permit for excavating or filling, therefore, requiring a demonstrated hardship. Staff finds no demonstrated hardship only the convenience of the property owner. Douglas Zumbusch was present for this matter and stated that his property is all steep slopes and would like an area close to the lake to safely sit and supervise his grandchildren. Mayor Butler concurred that applicants property is mainly steep slopes and unuseable for sitting. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 8, 1986 11046 DOUGLAS J. ZUMBUSCH Councilmember Frahm stated that there is a flat area by the lake. He stated that he would have trouble approving this patio at this time without clear definition of hardcover relating to such patios within the 0 -75' lakeshore area. Councilmember Adams stated that at the last meeting, he felt that the consensus of the Council was that aesthetically they did not want to have patio structures within the lakeshore setback regardless of the hardcover issue. Councilmember Frahm stated that if the patio is ground level and is not visible and there is no railing, there might be some instances in which they could be permitted. Councilmember Grabek stated that he is against any such patios within the 0 -75' area because it is not consistent with past practice and there is no control on the size of the patio. It was moved by Councilmember Callahan, seconded by Councilmember Grabek, directing staff to draft a resolution denying the patio within the 0 -75' lakeshore setback area. Motion, Ayes 5, Nays 0. #1048/ 11049/ #1063 WASHINGTON SCIENTIFIC INC. 2605 WAYZATA BOULEVARD COMMERCIAL SITE PLAN REVIEW CONDITIONAL USE PERMIT/VARIANCES RESOLUTION #2042 Representing Washington Scientific were Mike Unger and Joseph Pallansch. City Administrator Bernhardson explained the request for construction of a sheet metal building for storage. A variance is required to allow the building to be constructed of a different material than the principle building and a conditional use permit is required for an accessory structure. In addition, a variance to the Hwy. 12 Moritorium is required. The principle issue related to the moritorium is the access corridor, for which an exact location has not yet been decided. Another important issue was the fire protection sprinkling of the main building which W.S.I. has approved to be installed and completed by January 1, 1987. Mayor Butler stated that she visited the proposed building site noting that it was entirely within a fenced area with an obvious need for a storage area. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 8, 1986 #1048/1049/1063 WASHINGTON SCIENTIFIC INC. CONTINUED Mike Unger stated that he has reviewed the drafted resolution and agreed with everything except condition #1 which states "Prior to the issuance of a building permit for the accessory structure, applicant must execute an agreement that would agree to provide the City with a 60 foot wide road easement through the subject property to be located and, defined at the completion of the Highway 12 Planning Study ". He stated that he feels this has no effect on the proposed building and noting that W.S.I. is not against a frontage road but there are several issues to be addressed. Councilmember Grabek stated that he felt the City was holding the applicant up with their good intention and taking advantage of them by making them promise an easement in exchange for allowing them to build the storage building. He feels it is immoral and unethical. It was noted that-the condition was made in conjunction with granting the variance to the Hwy. 12 moritorium in order to assure the City will get the easements. Mr. Unger noted that the only reason for the accessory building is due to P.C.A. requirements. Councilmember Adams addressed the issue of allowing a different type of material to be used for the accessory building than that used with the main building, noting the reason seems to be economic. Councilmember Frahm stated that W.S.I. has assured that the building will be adequately screened. Councilmember Grabek stated that the aesthetics of the building is indeed important, however it should be addressed as a separate issue. Regarding the location of the proposed building, he maintains that it has nothing to do with the Hwy. 12 study. It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to grant a variance to the moratorium based on 1) the fact that the P.C.A. has issued a non - compliance order; and 2 ) placement of the building is within the fenced in area which has no effect on any of the proposed road easements within the moratorium. Motion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 8, 1986 #1048/1049/1063 WASHINGTON SCIENTIFIC INC. CONTINUED It was moved by Councilmember Frahm, seconded by Mayor Butler, grant variances to W.S.I. amending Resolution #2042 deleting Conclusions, Order and Conditions Item #1 and adding to Conclusions, Order and Conditions Item #2 that the landscape and screening provided must meet City requirements as determined on the Hwy. 12 study. Motion, Ayes 5, Nays 0. #1056 OLAI HANSON 1390 RAILROAD AVENUE VARIANCE Present for this matter were the applicants, Mr. & Mrs. Olai Hanson, and the objecting neighbors, Frances & Florence Golden of 1380 Railroad Avenue. Per staff recommendation, it was moved by Councilmember Frahm, seconded by Councilmember Adams, to table this matter until such time. that the applicant and his neighbor legally resolve the lot line dispute. Motion, Ayes 5, Nays 0. Mr. Hanson stated that he planned to f i le suit against the neighbor the following day. #1064 CITY OF ORONO SPATES AVENUE LIFT STATION CONDITIONAL USE PERMIT - RESOLUTION CONTINUED TO SEPTEMBER 22, 1986 This item was requested to be taken off the consent agenda by Gary Printup. The staff's recommendation for the consent agenda was that this matter be continued to the September 22, 1986 Council meeting for discussion.' Mr. Printup questioned why a public hearing was never held for the additional $5,000 added to the initial bond. Councilmember Frahm stated that he personally would be happy to address his question at the next meeting because all the information has not been brought out. It was moved by Councilmember Frahm, seconded by Mayor Butler, to table this matter until the September 22, 1986 Council meeting. Motion, Ayes 5, Nays 0. PAUL R. PHILLIPS 2160 SIXTH AVENUE NORTH PRIVATE ROAD NAME APPROVAL It was moved by Councilmember Adams, seconded by Mayor Butler, to approve "Phillips Drive" as the private road name for the Phillips Woodland Terrace plat which serves both Orono and Medina lots. Motion, Ayes 5, Nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 8, 1986 HARDCOVER CLARIFICATION CANOPIES WITHIN LAKESHORE PROTECTED AREA City Administrator Bernhardson explained that staff has received complaints regarding the uncontrolled use of on -land boat slips covered with canvas. Staff has never issued building permits for these structures. Staff raises the issue of hardcover and requests Council's direction. He submitted photos for review. MAYOR'S REPORT: Councilmember Grabek stated that he felt it should be handled on a complaint basis requiring the owner to appear before the Council. Councilmember Frahm stated that any of these structures that existed prior to the ordinance in 1975 should be grandfathered in. Council unanimously agreed that these structures were definitely in violation of the ordinance. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to enforce the ordinance regarding these structures upon written complaint only. Motion, Ayes 5, Nays 0. Mayor Butler had no report. CABLE TV REPORT: CABLE COMMISSION BUDGET* RESOLUTION 12043 It was moved by Councilmember Frahm, seconded by Councilmember Grabek, that the Orono City Council approve the 1987 Cable Communications Commission budget by approving and transmitting Resolution #2043. Motion, .Ayes 4, Nays 0. 4 CITY ADMINISTRATOR'S REPORT: PAY REQUEST #6 - WM. MUELLER & SONS It was moved by Mayor Butler, seconded by Councilmember Adams, to approve Payment #6 for Willow Drive and Old Crystal Bay Road Overlay to Wm. Mueller & Sons, Inc. in the amount of $4,126.10. Motion, Ayes 5, Nays 0. WEST HENNEPIN HUMAN SERVICES Representatives of the West Hennepin Human Services were Chairperson Sue Morrison and LaDean McWilliams. Sue Morrison submitted the West Hennepin Commission Priority Report noting concerns regarding Hennepin County cut backs in detox services and senior services. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 8, 1986 "WEST HENNEPIN HUMAN SERVICES CONTINUED Councilmember Frahm stated that he has heard concerns from seniors regarding the closing of the area counseling center and feeling that the western suburbs are not getting their fair share. Sue Morrison stated that she would check into that matter. It was moved by Councilmember Grabek, seconded by Mayor Butler, to accept the information from West Hennepin Services for the 1987 budget and direct staff to include that in budget considerations to be held on September 17, 1986. Motion, Ayes 5, Nays 0. BUDGET MEETING SEPTEMBER 17, 1986 - 6:00 P.M. City Administrator Bernhardson reminded the Council about the Budget Meeting on September 17, 1986 at 6:00 P.M. in the Council Chambers. SET PUBLIC HEARING DATE* FEDERAL REVENUE SHARING - SEPTEMBER 22, 1986 - 7:00 P.M. It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to set public hearing date of 1987 Federal Revenue Sharing budget hearing for September 22,. 1986 at 7:00 P.M. Motion, Ayes 4, Nays 0. CRYSTAL BAY PROJECT FINAL INSPECTION - SEPTEMBER 17, 1986 - 10:00 A.M. Gary Printup asked who does this inspection and will the neighbors be contacted and involved in this inspection. He also noted that he is still missing a survey stake that was accidentally removed by the contractor. City Administrator Bernhardson informed Mr. Printup that Council, staff, engineer, and contractor will be doing the inspection to determine such problems as missing survey stakes and these problems will be corrected before final payment is made. Staff will be sending notification of the inspection to the residents. City Administrator Bernhardson noted that a rain date will be set in case of inclement weather conditions. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 8, 1986 APPOINTMENT OF ADDITIONAL ELECTION JUDGES* RESOLUTION #2044 It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approved Resolution #2044 appointing additional election judges for the primary election September 9, 1986, and the general election November 4, 1986. Motion, Ayes 4, Nays 0. TRAFFIC STUDY ON NORTH SHORE DRIVE* RESOLUTION #2045 It was moved by Councilmember Frahm, seconded by Councilmember Grabek, for the City Council to approve Resolution #2045 requesting Hennepin County to conduct a traffic study on a segment of County 19. Motion, Ayes 4, Nays 0. FACILITIES ASSESSMENT - FINANCIAL City Administrator Bernhardson submitted an outline from the City's financial consultant of a possible means by which the City might be able to finance a new facility requesting that it be reviewed by Council before the September 17th meeting, Councilmember Adams stated that he felt taking this step was getting ahead of themselves. City Administrator Bernhardson stated that staff is trying to get all the information possible to submit to Council to make a reasonable decision. Councilmember Frahm stated that he agreed with Councilmember Adams and stated that he would not be prepared to consider this by the budget meeting. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to accept City Administrator Bernhardson's information report regarding Goal Setting, Dakota Rail, 2695 Casco Point Road, and Lake Minnetonka Access. Motion, Ayes 4, Nays 0. Regarding the Deering Island item, Councilmember Callahan requested an update on this matter. City Administrator Bernhardson stated that the owner of Deering Island has formally withdrawn its application for yacht club use. Staff anticipates that the owner plans to use the island to as great an extent under the guise of a private residence use. Staff has issued a permit for four docks within LMCD and City limitations. 12 6 M MIND OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 8, 1986 CITY ATTORNEY'S REPORT: City Attorney Barrett requested the Council enter into Executive Session at 9:30 P.M. LICENSES* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve the following license: Solicitor's License - Discount Flowers Motion, Ayes 4, Nays 0. BILKS* It was moved by Councilmember Frahm, seconded by Councilmember Grabek, to approve payment of the All Funds Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 9:58 P.M. It was moved by Mayor Butler, seconded by Councilmember Frahm, to adjourn the regular Council meeting at 9:58 P.M. Motion, Ayes 5, Nays 0. 13 Mary Butler, Mayor Tim ams, Acting Mayor