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HomeMy WebLinkAbout11-10-1986 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986 ATTENDANCE 7:03 P.M. The Orono Council met on the above date with the following members present: Mayor Butler, Councilmembers Adams, Frahm, Grabek, and Callahan. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, and City Recorder Peterson. Also present were: City Attorney Blatz, City Engineer Cook, and Planning Commission member Bellows. CONSENT AGENDA* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the Consent Agenda* subject to removal of the following: Item #4 - William Wear - Variance Resolution Item #8 - City of Orono - Variance /CUP Resolution Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the Minutes of the October 27, 1986 Council meeting as submitted. Motion, Ayes 5, Nays 0. PUBLIC COMMENTS There were no comments from the public. ZONING ADMINISTRATOR'S REPORT: #1094 GLEN NELSON 500 TONRAWA ROAD VARIANCE/ AFTER -THE -FACT CONDITIONAL USE PERMIT PUBLIC HEARING 8:56 - 8:57 P.M. There was no representative for this matter present. There were no comments from the public and the public hearing was closed. Zoning Administrator Mabusth stated that the Planning Commission reviewed the application as an information item as Council would hold the formal public hearing. Councilmember Adams questioned the type of lighting proposed. ` Councilmember Frahm voiced concern regarding the type of fence that will be used and the need for more natural screening from the lake. 1 r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986 • #1094 NELSON CONTINUED It was moved by Mayor Butler, seconded by Councilmember Adams, to direct staff to draft a resolution conceptually approving the request subject to addressing the following issues with applicant: a) Fence type and construction b) Alternate fence heights side vs. front /rear c) Natural screening of fence from lakeshore and adjacent properties. d) Lighting. Motion, Ayes 5, Nays 0. #1000 & #1009 WILLIAM WEAR 2160 WAYZATA BOULEVARD VARIANCES RESOLUTION #2073 Councilmember Adams recommended amending the drafted resolution as follows: Conclusions, Order and Conditions: 3. Building signage must be limited to current tenant's name or logo. Findings: 3B. The existing B -1 zoning standards are not compatible with existing shopping center use and since 1980 have used B -3 shopping district standards in con — sidering sigja2e needs of --- - - - - -- -- --- - - - - -- property. It was moved by Councilmember Adams, seconded by Mayor Butler, to approve Resolution #2073 as amended. Motion, Ayes 4, Nays 1. Councilmember Grabek voted nay. 11026 HILBELINR/VOGT* 160 OLD CRYSTAL BAY ROAD FINAL SUBDIVISION RESOLUTION #2074 It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #2074 approving the Plat of Peterman Addition. Motion, Ayes 5, Nays 0. i #1060 J.F. FLEISCHHACRER 2775 SHADYWOOD ROAD VARIANCE RESOLUTION City Administrator Bernhardson explained the request for expansion of an existing deck plus addition of a stairway that would extend within the 0 -75' setback area. Mayor Butler noted that applicant has considerably scaled down his original proposal from 20' encroachment with 3.7% hardcover to 9.5' encroachment with 2.4% hardcover in the 0 -75' lakeshore setback area. The new K • ^MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986 #1060 FLEISCHHACRER CONTINUED proposal does not encroach into the average lakeshore setback. Mr. Fleischhacker was present and stated that in order to avoid blocking the windows of the living area, the plan is limited to alternatives. He noted that he planned to remove some of the plastic under the rock beds, which would decrease hardcover, even though Planning Commission did not request it. Councilmember Adams stated that he would prefer that the deck stay out of the 75' setback area. Councilmember Frahm stated that the hardship noted was the need for an access from the upper level of the home, questioning the hardship involved to allow the deck. 1 Council questioned whether there would be another alternative to provide access stairs without encroachment into the 0 -75' setback area. Planning Commission member Bellows stated that the Planning Commission felt the applicant's alternative proposal showed a real effort in trying to reduce the encroachment and hardcover. After considerable discussion of alternatives, Council agreed that another alternative should be designed to remain outside the 75' lakeshore setback area. It was moved by Councilmember Adams, seconded by Councilmember Callahan; table this application for further study of alternative plans. Motion, Ayes 5, Nays 0. #1062 INGEBORG CICI 875 WAYZATA BOULEVARD VARIANCE /CONDITIONAL USE PERMIT COMMERCIAL SITE PLAN REVIEW RESOLUTION #2075 Mr. & Mrs. Ingeborg Cici, were present for this matter. City Administrator Bernhardson explained the request for a conditional use permit and variances together with a commercial site plan review for construction of a day care center on property adjacent to Highway 12 and Luce Line. The setback variances required are for the parking area in relation to street lot line and 15 feet setback from wetland for proposed road. This is the preliminary site plan review. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986 #1062 CICI CONTINUED Councilmember Adams asked if there were enough proposed parking spots for drop -off and pick -up of children. Mrs. Cici stated that she felt there was adequate parking because the children are dropped off and picked up at staggered times. Zoning Administrator Mabusth addressed an issue of the required 50' setback for the parking lot whereas the survey shows only 351setback. She felt that the required 50' could be accomplished without the need for a variance. Councilmember Adams stated that he felt this was an excellent land use for this property. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #2075 as drafted. Motion, Ayes 5, Nays 0. #1064 CITY OF ORONO SPATES AVENUE LIFT STATION CONDITIONAL USE PERMIT/VARIANCE RESOLUTION #2076 Councilmember Callahan questioned if the City has obtained the necessary permanent easement for the lift station. Public Works Coordinator Gerhardson stated that the permanent easement rights have not yet been finalized but feels that there will not be any problem. Councilmember Callahan stated he felt hesitant to approve the resolution prior to obtaining permanent easement. City Administrator Bernhardson stated that the resolution contains a condition that it is subject to obtaining the permanent easement. Councilmember Adams stated that because of the City's effort to work with the adjacent property owner on the appropriate landscaping, he recommended amending the resolution as follows: Conclusions, Order and Conditions: 2. Appropriate landscaping and screening as proposed by the City Engineer, and concurred the adjacent property owner, shall be completed within 6 months of the effective date of this resolution. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986 #1064 CITY OF ORONO CONTINUED It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #2076 as amended. Motion, Ayes 4, Nays 1. Councilmember Callahan voted nay. #1070 RICHARD RINEHART* 985 OLD LONG LAKE BOULEVARD VARIANCE RESOLUTION #2077 It was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt Resolution #2077 granting a variance to permit the construction of an attached garage to be located 0.6 feet from the side lot line. Motion, Ayes 5, Nays 0. #1076 WARD KRUEGER 205 -215 HOLLANDER ROAD LOT LINE REARRANGEMENT FINAL RESOLUTION Ward Krueger was not present for this matter. City Administrator Bernhardson explained the request for a lot line rearrangement which would make the building sites in more with the current zoning code. It would require a lot width variance on tract 3 and variance for frontage on a public street on tracts 1 &' 3, however, staff feels that would be appropriate as they improve on the present subdivision. He noted that Mr. Krueger is not the fee owner of the property involved and asked City Attorney Blatz to address this issue. City Attorney Blatz stated that the variance application requests the owners name and signature. In this case, Mr. Krueger noted that he was the owner of this property, where in fact, the holder of the contract for deed is not the fee owner. She recommended that the actual owner be involved in the proceedings and that the Council not take action on this application at this time. Present for this matter were John Hollander, a representative of the estate, and Mark A. Rurik, attorney for the estate. Mr. Rurik stated that Mr. Krueger ispurportedly purchasing the property pursuant contract for deed, of which two of the lots are currently subject to the contract for deed. He noted that Mr. Krueger has defaulted in the balloon payment that was due October 1st, and therefore fee simple ownership is vested in the estate and not in Mr. Krueger at this time. Therefore, he proposed that the Council table this matter at this 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986 #1076 KRUEGER CONTINUED time noting that Mr. Krueger is still within his period of statutory redemption which expires in January and Krueger may come back to the Council as the fee owner. However, the estate is opposed to the subdivision at this point in time because it is not in their best interest. It was moved by Councilmember Adams, seconded by Councilmember Grabek, to table this application at this time. Motion, Ayes 5, Nays 0. #1078 JOHN MASSOPUST /MACMILLAN 440 SOUTH BROWN ROAD CONDITIONAL USE PERMIT RESOLUTION #2078 Zoning Administrator Mabusth stated that the applicant was unable to be present and requested that the Council act on the application in his absence. It was moved by Councilmember Adams, seconded by Councilmember Frahm, to adopt Resolution #2078 granting a conditional use permit for grading of a pond. Motion, Ayes 5, Nays 0. #1081 GREGORY W. LONG 3359 CRYSTAL BAY ROAD VARIANCE RESOLUTION Pamela J. Long and adjacent neighbor, John E. Kust, were present for this matter. City Administrator Bernhardson explained the request for a variance to construct a screen porch and deck addition, the majority of which is located in the 0 -75' setback zone on a very small lot on Crystal Bay Road. Planning Commission recommended approval finding that the affected neighbor has submitted a letter of non - objection and finding the side of the lot and the layout of the site are justifiable hardships to the property, subject to removal of the existing hardcover in the 0- 75' zone so that there is no net 0 -75' hardcover increase above the existing 41.9% level. Mayor Butler noted that this was one of the many difficult small lots on Crystal Bay Road. It was moved by Mayor Butler, seconded by Councilmember Callahan, to adopt the resolution as drafted approving the variance request. Discussion followed. Assistant Zoning Administrator Gaffron noted that most of the addition will be constructed over the existing hardcover driveway. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986 #1081 LONG CONTINUED Councilmember Frahm stated that he felt in order to approve this request, the applicant should make some drastic trade -offs to cut down the existing 41.9% hardcover already within the 0 -75' setback zone (i.e. cutting down the driveway and whatever else could be eliminated). He stated that he felt this would be setting a precedent. Pamela Long stated that most of the homes in the area already have decks and /or porches within the 0 -75' setback. Councilmember Adams stated that even with hardcover trade -offs, he would still find a problem with allowing the structure itself in the 0 -75' setback area. Mayor Butler suggested possibly narrowing the driveway. She stated that this was a very unique, small, constrictive lot and that the homeowner has the right to do something with it in order to enjoy it. Councilmember Grabek stated that he was opposed to allowing the intrusion into the 0 -75' setback area, which would change the entire sightline. Councilmember Frahm again stated that he would be willing to approve the structure encroachment for trade- off of reducing the hardcover in the 0 -75' zone from the existing 41.9% to 25 %. Assistant Zoning Administrator Gaffron suggested that the porch & deck could be built on the side, but would require a side setback variance, and may not be desireable to the neighbor. Councilmember Adams stated that he would prefer granting a side setback variance. Mayor Butler stated that the porch & deck constructed on the side would give no privacy to the applicant or the adjacent neighbor. She felt the property and land were sufficient hardship. Councilmember Callahan stated he agreed with Mayor Butler's opinion. Because of lack of majority, Mayor Butler withdrew her motion approving the request as presented. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986 #1081 LONG CONTINUED It was moved by Councilmember Callahan, seconded by Councilmember Adams, to table this request directing staff to work with applicant on alternative plans and bring back for Council review at the November 24th Council meeting. Motion, Ayes 5, Nays 0. #1082 JOHN F. DOUGAN 2785 WHITE OAR CIRCLE CONDITIONAL USE PERMIT RESOLUTION Mr. Dougan was not present for this matter. City Administrator Bernhardson explained the request to excavate a storage pond and swale for flood control purposes. Staff and City Engineer Cook feels that the proposal will not stop the ponding on the applicant's property, however it will not aggravate the situation. Councilmember Frahm stated that he felt that the applicant should obtain written non - objection from the neighbor to protect the City's liability. It was moved by Councilmember Grabek, seconded by Mayor Butler, to table this application pending comments from the neighbor. Motion, Ayes 5, Nays 0. #1084 ROBERT MAXFIELD 4175 NORTH SHORE DRIVE VARIANCE RESOLUTION #2079 Robert Maxfield was present for this matter. City Administrator Bernhardson explained the request to allow a second residence to be constructed on a group of commonly owned, separate tax parcels totaling 1.03 acres in the LR -1B one acre zone. There are 5 parcels in total. The proposal is to keep 3 parcels totaling 0.57 acres (125' in width) with the existing house and build another house on the remaining 2 parcels totaling 0.46 acres (100' in width). He noted that the 5 parcels have been assessed a total of two sewer units when sewer was installed. He also noted that Hennepin County has approved the access. Mayor Butler asked how these proposed lot sizes compare with the general lot sizes of the neighborhood. Assistant Zoning Administrator Gaffron stated that they are similar to the neighborhood lot sizes. He noted that the vacant 0.46 acre lot is larger than 29% of the existing developed LR -1B properties. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986 #1084 MAXFIELD CONTINUED It was moved by Councilmember Callahan, seconded by Councilmember Grabek, to adopt Resolution #2079 granting lot area and width variances as presented. Motion, Ayes 5, Nays 0. #1085 RICHARD E. BROWN 1245 SIXTH AVENUE NORTH VARIANCE RESOLUTION #2080 Assistant Zoning Administrator Gaffron submitted a revised resolution for Council to review. He noted that applicant is eliminating the canopied structure as shown on the proposed plans. Applicant proposes a type of lighting that is integrated into the railing to shine downward. It was moved by Councilmember Callahan, seconded by Councilmember Adams, to adopt Resolution #2080 as revised granting a variance to construct a stairway down to the lakeshore. Motion, Ayes 5, Nays 0. ENGINEER'S REPORT: CHANGE ORDER - OLD CRYSTAL BAY ROAD* It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the Orono City Council approve the Change Order #3 amount of $8,800 for the placement of culvert on Old Crystal Bay Road - MSA Project 152- 101-07 152- 102 -08. Motion, Ayes 5, Nays 0. MAYOR'S REPORT: Mayor Butler had no report. CABLE TV REPORT: There was no Cable TV Report. CITY ADMINISTRATOR'S REPORT: ORONO LANE - REQUEST FOR ACCESS IMPROVEMENT Present for this matter were: Newell Weed, 1385 Orono Lane; Henry See, 1389 Orono Lane; Craig Moen, 1387 Orono Lane; and Dana Wells, 1397 Orono Lane. City Administrator Bernhardson explained the request by the residents of Orono Lane for relocation of the connection from Orono Lane to County 15. As noted in his memo, staff has raised the following issues related to relocation of the access: safety, cost, financing, impact on proerty, public safety access, and access to Hamm property. He stated that next step would be to proceed with a feasibility study to determine a more accurate cost and also soil testing. He noted that City Engineer Cook estimated that cost to reconstruct the roadway at $35,000. . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986 ORONO LANE CONTINUED Mr. Weed stated that this should be a City and County project to correct a hazardous condition and that the residents of Orono Lane should not have to* bear the total cost of the project. He noted that they feel the donation of the land for the road is their part of the contribution. Mr. Moen stated that this is an extremely dangerous intersection and the residents of Orono Lane would not be the only one's benefitting from the change. Mr. See noted that winter conditions prohibit turning left safely. City Administrator Bernhardson stated that staff would have to research if there would be any available financing from the County, but noted that M.S.A. funds would not be available. He also noted that the City has requested the County undertake speed survey and that the Police Dept. is researching the accident history of the intersection. Mr. Weed stated that he felt the City should proceed with the feasibility study. Councilmembers Grabek and Frahm felt the -City should consider where the money would come from before proceeding with the study. Councilmember Frahm suggested that there may be alternative methods to solve this problem. Mr. Weed stated that the residents have tried some alternatives and have had the County out to look at the situation, noting that the traffic level has increased with the construction of Highway 12. Mayor Butler noted that the reconstruction of Willow Drive was accomplished with M.S.A. funds and the cost was not put on the general tax rolls. It was moved by Councilmember Grabek, seconded by Mayor Butler, to table this matter and direct staff to accumulate the County information and options for funding the project, and bring back to Council for further review. Motion, Ayes 4, Nays 1. Councilmember Callahan voted nay stating that he feels the feasibility study should be done first. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986 COUNTY ROAD 15 APPROVAL OF CHANGES RESOLUTION 12081 Ted Hoffman from Hennepin County was present for this matter. City Administrator Bernhardson explained that there are three changes the County would like to have considered and approved by the four communities prior to final designs being developed. Mr. Hoffman reviewed the three changes and stated that Mound has approved and Spring Park reveiwed and and approved subject to the addition of the third change. It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #2081 approving the County 15 changes as outlined by Hennepin County Department of Transporation. Motion, Ayes 5, Nays 0. 1987 STRATEGIC PLANNING Councilmember Adams suggested the following amendment be made to "correctly reflect the intent: Mission Statement - Maintain the appropriate Urban /Rural mixture Key Strategic Objectives - Maintain Desired Rural /Limited Development Mix It was moved by Councilmember Frahm, seconded by Mayor Butler, the the Orono City Council adopt its 1987 Strategic Planning Package as amended resulting from its October 6, 1986 strategic planning meeting for incorporation in the Council /City Administrator's Goal Setting. Motion, Ayes 4, Nays 1. Councilmember Callahan voted nay. LIQUOR STORE THIRD QUARTER RESULTS City Administrator Bernhardson explained that the third quarter results showed a marked turn around of which he credits the liquor store staff. However, based on the facts outlined in his memo, staff feels the City's continued operation is neither in the best interest of its long term financial stability and therefore recommends disposition in 1987. Staff further recommends that a public hearing be held prior to Council action directing disposition. Councilmember Adams voiced the following concerns he has had regarding the City staying in this business: 1. City contributing to sale of alcohol when they are trying to discourage use of alcohol on the lake. 2. City effectively competing in this changing time of business. 11 . . . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986 LIQUOR STORE CONTINUED He stated that he felt the liquor personnel have done an admirable job in trying to turn the business around on a short term basis. He is in favor of staff's recommendation. Councilmember Frahm stated that he agreed with Councilmember Adams noting the liabilities involved. Councilmember Callahan agreed with staff recommendation. It was moved by Councilmember Frahm, seconded by Councilmember Adams, that Council based on staff recommendation hold a public hearing on the matter for the first meeting in December to determine community reaction to the possible sale of this facility to a private vendor. Motion, Ayes 5, Nays 0. 1987 LEGISLATIVE POLICIES It was moved by Mayor Butler, seconded by Councilmember Frahm, the Orono Council adopt the attached policy including any amendments as those issued which it feels should be worked with through other governmental jurisdictions during the year 1987. Motion, Ayes 5, Nays 0. STATE AUDITOR REPORT COMMUNITY FINANCIAL HEALTH 1985 It was moved by Mayor Butler, seconded by Councilmember Grabek, to acknowledge receipt of the State Auditor's .information regarding the 1985 Fiscal Health of the City of Orono. Motion, Ayes 5, Nays 0. HIGHWAY 12 MEETING* NOVEMBER 20, 1986 - 7:30 P.M. It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept staff's information regarding the meeting date and pertinent information on Highway 12. Motion, Ayes 5, Nays 0. LYLE OMAN* RAISE PER CERTIFICATION It was moved by Councilmember Frahm, seconded by Councilmember Adams, that the Council approve the salary increase for Mr. Lyle Oman to the amount of $10.721 per hour retroactive to September 4, 1986 and that the appropriate adjustment be done to the budget for 1987. Motion, Ayes 5, Nays 0. 12 "MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986 NORTHWEST LIONS DONATION* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept the generous donation of $1,000 from the Northwest Lions, the stated intent of which is for beautification in the community. It is further moved that this matter be referred to the Park Commission for a recommendation and that upon action by the Council as to how this money is to be spent, that staff thank the Lions for their generous donation. Motion, Ayes 5, Nays 0. 1987 MEETING SCHEDULE* It was moved by Councilmember Frahm, seconded by Councilmember Adams, City Council of the City of Orono adopted the schedule for 1987 meetings as presented. Motion, Ayes 5, Nays 0. HENNEPIN COUNTY PARRS /LAKE MINNETONKA INVOLVEMENT City Administrator Bernhardson reviewed the issues as outline in his memo related to Hennepin Parks becoming the proposed "Regional Entity" on Lake Minnetonka. Councilmember Frahm questioned the statement made in the Hennepin Parks Background Information Report stating that the City of Orono supports the acquisition of the Big Island Veterans Camp for park purposes by Hennepin Parks. He stated that the statement is not entirely true, the facts are that if the Veteran's choose to sell the property, the City will support Hennepin Parks use. It was moved by Mayor Butler, seconded by Councilmember Frahm, that the Council accept the information from Hennepin Parks and identify issues and concerns they may have relating to the Parks presence. Motion, Ayes 5, Nays 0. OFFICER TRUDY KUNKEL - RESIGNATION* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept the resignation of Trudy Kunkel as an Orono Police Officer effective November 4, 1986. Motion, Ayes 5, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to accept City Administrator Bernhardson's Information Report regarding: William Theis, 1290 Spruce Place, Countryside Development, North Arm Bridge Property, and Goals & Objectives. Motion, Ayes 5, Nays 0. 13 ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986 CITY ATTORNEY'S REPORT: CHAPMAN EASEMENT City Attorney Blatz requested the Council enter into Executive Session at this time. LICENSES* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve the following licenses: Septic System Installer - Thompson Plumbing Solicitors License - Discount Flowers Cigarette License - Orono Liquor Store Motion, Ayes 5, Nays 0. BILLS* It was moved by Councilmember Frahm, seconded by Councilmember Adams, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. ADJOURNMENT It was moved by Mayor Butler, seconded by Councilmember Grabek, to adjourn the regular Council meeting at 10:55 P.M. Motion, Ayes 5, Nays 0. ATTE T: o,ilothy M allin, City Clerk Mary C. B er, Mayor 14