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HomeMy WebLinkAbout09-14-1987 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1987 ATTENDANCE 7:00 P.M. The Orono Council met on the above date with the following members present: Mayor Grabek,.Councilmembers Peterson, Sime, Goetten, and Callahan. The following represented the City staff: City Administrator Bernhardson, Public Works Coordinator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Blatz was also present. CONSENT AGENDA* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Consent Agenda subject to removal of the following items: #9 - 1988 Cable TV Commission Budget #14- Jeff Essen, 2648 Casco Point Road - Berm Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Minutes of the August 24, 1987 Council meeting as submitted. Motion, Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS Planning Commissioner Johnson had no comments at this time. PUBLIC COMMENTS There were no comments from the public. ZONING ADMINISTRATOR'S REPORT: #1056 OLAI HANSON 1390 RAILROAD AVENUE VARIANCE RESOLUTION #2252 City Administrator Bernhardson explained the request for a side yard setback variance to construct a 2 car garage within 10' of the lot line. Applicant and affected neighbor, Mrs. Golden, have agreed upon a final lot line location and exchanged deeds for the strips of property in question. The proposed garage would be 4.6' to 6.4' from the newly established lot line. Mrs. Golden has concerns with the proposed garage obstructing sunlight from her garden. Present for this matter were applicant's Attorney, Debra Page; and son -in -law, Henry Reiss Attorney Debra Page submitted photos of Mrs. Golden's garden in relation to the Hanson property. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1987 #1056 HANSON CONTINUED On behalf of Mrs. Golden, Attorney Dan Bergeron asked that the variance be denied due to affecting the value of the Golden property. He stated that the Hanson's have only one car /one driver, therefore, no hardship for a double garage. A single garage would not require a variance. Based on information from a reputable contractor, he noted that the garage could be placed elsewhere on the property for an additional $1,200 to remove the drainfield and /or correct the soils. Henry Reiss stated that the proposed double garage would be used for car and boat storage. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to adopt Resolution #2252 granting a variance to permit the construction of a detached double garage located 4.6 feet from the side lot line subject to completion of the subdivision of a lot line rearrangement.' Motion, Ayes 5, Nays 0. 11172 CHRISTINE BECK 3820 CHERRY AVENUE VARIANCE RESOLUTION #2253 Christine Beck and her son, James Beck, were present for this matter. City Administrator Bernhardson explained the request for variances to permit the construction of a deck to be placed 27 feet from the shoreline in exchange for removal of a lakeshore cabin resulting in a total hardcover reduction of 55.1 s.f. or .5% within the 0 -75' area. Staff suggests that the deck stairs may be constructed off to the side to avoid further lakeshore encroachment. Councilmember Goetten felt that removal of the cabin was a great concession on the applicant's part in return for this variance. James Beck stated that putting the stairs off to the side would involve more steps which would be inconvenient for his elderly mother. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to adopt Resolution #2253 granting the variance as proposed. Motion, Ayes 5, Nays 0. 2 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1987 RICHARD PUTNAM '65 CASCO POINT ROAD - RIANCES FINAL RESOLUTION #2254 City Administrator Bernhardson explained the request for variances to permit the construction of room, garage, deck and enclosed porch additions to the existing house. On July 20, 1987, Planning Commission recommended denial of the request ( 4 -1) based on insufficient facts. On August 10, 1987, Council conceptually approved the request (4 -1). On August 24, 1987, Council referred the application back to Planning Commission for further review of the proposal in light of the staff's revised conception of the street lot line location which resulted in lower 250 -500' hardcover percentages, but also the technical need for a street setback variance. On September 8, 1987, Planning Commission recommended denial of the request (5 -0) based on "overambitiousness" of the project and excessive variances in total. City Administrator Bernhardson reviewed the actual status of Casco Point Road right -of -way. Richard Putnam was present for this matter and addressed the reasons for Planning Commission denial as follows: 1. "Overambitiousness" of project - he did not feel the current proposal is overambitious based-on the extent of work he has already done to the house since he purchased the property as a seasonal cottage. 2. Regarding the variances requested, he noted that all variances either currently exist or are an improvement from what currently exists. Councilmember Goetten noted that "overambitiousness" refers to the project being too large for the lot, in which applicant's lot is only a 60' substandard lot. She felt the project should be scaled down as done in previous applications that were considered overambitious. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2254 granting the variances as proposed in consideration that many of the requested variances currently exist and that the project is consistent with the neighbohood. Motion, Ayes 4, Nays 1. Councilmember Goetten voted nay. Motion carried. Richard Putnam commented that the Casco Point residents were pleased with the City staff's handling and operation of the Parade Home in their area. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1987 #1180 CHARLES NADLER 509 KELLY AVENUE )NDITIONAL USE PERMIT RESOLUTION #2255 Candice Nadler was present for this matter. City Administrator Bernhardson explained the request for a conditional use permit to allow land alteration within 75 feet of the shoreline to repair the shoreline area damaged over the years by ice flow heaving /pressure. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2255 granting the conditional use permit as proposed. Motion, Ayes 5, Nays 0. #1183 JACK SWENSON 3020 NORTH SHORE DRIVE AFTER -THE -FACT VARIANCE RESOLUTION #2256 City Administrator Bernhardson explained that Council conceptually approved the after - the -fact variance (3 -1) to allow a deck platform within 75 feet of the shoreline at the August 24, 1987 meeting. He noted that 7,400 s.f. of pink rock underlined with plastic along the shoreline was not included in the hardcover calculations. Staff recommends that approval be conditioned upon perforating the plastic underlaying the pink rock due to the substantial area involved to improve the ground absorbtion. He noted that removal of the plastic could cause substantial damage to the foliage which in turn could nagatively impact the shoreline. It was moved by Councilmember Callahan to adopt Resolution #2256 granting the after- the -fact variance to allow the dock platform subject to eliminating Finding 3(f) "This is a unique request requiring special consideration of the Council" because he finds nothing unique to this request; and subject to perforation of the plastic underlaying pink rock. Councilmember Sime seconded the motion and submitted a Mark Hurd Corp. aerial survey dated 4 -10 -85 verifying that a 121x 12' dock platform previously existed. Mayor Grabek inquired about the policy for allowing replacement /repair of dilapidated boat houses. Zoning Administrator Mabusth stated that a conditional use permit is required and replacement of boat houses has generally been denied. 4 MINUTES OF THE REGULAR ORONO COUNCIL MELTING HELD SEPTEMBER 14, 1987 #1183 SWENSON CONTINUED Mayor Grabek pointed out that this is an after - the -fact variance in which lakeshore property owners know that permission is needed for work done on the lakeshore and that the Council is shirking their responsibility in the 0 -75' area by approving this application. Motion, Ayes 4, Nays 1. Mayor Grabek voted nay. Motion carried. #1190 WAYZATA COUNTRY CLUB 200 WAYZATA BOULEVARD CONDITIONAL USE PERMIT RESOLUTION #2257 MAYOR'S REPORT City Administrator Bernhardson explained the requests for a conditional use permit required for land alterations involving the removal of approximately 9,600 cubic yards and a commercial site plan review for construction of an addition to the existing club house. Architect John Bossarhdt of Bossahardt Christenson Corp. was present representing the Wayzata Country Club. He exhibited renderings of the proposed new facility to the Council. it was moved by Councilmember Callahan, seconded by Mayor Grabek, to adopt Resolution #2257 granting the Conditional Use Permit as proposed. Motion, Ayes 5,Nays 0. -Mayor Grabek reported on the special meeting held regarding the LMCD and its approach to the legislature and its proposed budget. He stated that the LMCD is seeking more authority to strengthen their position with the Met Council and Legislature by requesting authority in zoning matters regarding the 0 -75' or 0 -300' lakeshore area.- He stated that he and many other Mayor's voiced opposition to any LMCD authority in zoning matters. It was recommended that the major issues be identified by the LMCD and submitted to the City Councils followed by a meeting to discuss these issues. - Councilmember Callahan commented on the newspaper article regarding Minnetrista's proposed action for regulating Long Lake. City Administrator Bernhardson noted that the article was in reference to Long Lake in the City of Minnetrista. However, he noted that staff has considered exploring some control regulations on Orono /Long Lake's Long Lake. 61 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1987 MAYOR'S REPORT CONTINUED - Regarding the previous issue brought up in Application #1176 regarding the dedicated vs. traveled portion of Casco Point Road. Councilmember Callahan recommended that this issue be cleared up with the affected property owners and possibly require hold harmless agreements. City Administrator Bernhardson stated he would follow-up on this issue and the cost involved. CABLE TV REPORT - 1988 CABLE TV COMMISSION BUDGET RESOLUTION #2258 Councilmember Callahan stated that although the City has little control over the Cable TV franchise, wanted it noted that being presented a budget to approve over which they have no authority to use the money was not sufficient information for public bodies to justify that substantial an increase. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, that Council adopt Resolution #2258 giving its approval to the 1988 Lake Minnetonka Cable Communication Commission budget. Motion, Ayes 5, Nays 0. TRANSPORTATION REPORT There was no Transportation Report. CITY ADMINISTRATOR'S REPORT: HIGHWOOD ROAD STORM SEWER FEASIBILITY RESOLUTION 12259 City Administrator Bernhardson stated that a petition was received from residents in the Highwood Road area requesting a storm sewer to handle the drainage problem that particularly effects the Sauer and Baxter properties. Based on evidence submitted with the petition, staff recommends undertaking the necessary feasibility study for an approximate cost of $3,500.00 to determine if it is appropriate for a storm sewer project to be undertaken in the Highwood Road area. Glen Sauer, 4104 Highwood Road, and David Baxter, 4108 Highwood Road, were present for this matter. Mr. Sauer stated that the drainage problem has existed ever since the City sewer came through and destroyed the drainfield. Mr. Baxter confirmed that there is a problem and it should be fixed. Public Works Coordinator Gerhardson indicated that the destroyed line in question was a private line. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1987 HIGHWOOD ROAD STORM SEWER CONTINUED It was moved by Mayor Grabek, seconded by Councilmember Sime, to direct the City Engineer to perform a feasibility study to determine the appropriate remedy to limit the storm water runoff which causes a problem in the Highwood area. Motion, Ayes 5, Nays 0. 1988 BUDGET MEETING - SEPTEMBER 17, 1987 - 7:00 P.M. It was moved by Councilmember Goetten, seconded by Mayor Grabek, that the Council acknowledge September 17, 1987 at 7:00 P.M. as the date and time for the 1988 Budget meeting. Motion, Ayes 5, Nays 0. 1988 COUNCIL GOAL SETTING It was moved by Mayor Grabek, seconded by Councilmember Goetten, to establish October 7, 1987 at 7:00 P.M. as the special meeting of the Council's strategic planning process for 1988. Motion, Ayes 5, Nays 0. MINNEHAHA CREEK WATERSHED DISTRICT APPOINTMENTS It was moved by Mayor Grabek, seconded by Councilmember Peterson, that the City Council direct staff to draft a letter of endorsement of the three candidates to the Hennepin County Board together with indicated the .,desirability of an ex officio position for a representative of the Lake Minnetonka Conservation District. Motion, Ayes 5, Nays 0. JEFF ESSEN 2648 CASCO POINT ROAD BERN IN RIGHT -OF -WAY City Administrator Bernhardson reviewed the issue tabled at the August 24, 1987 Council meeting pending a recommendation from the City Engineer regarding the safety of a double curb cut. He explained that in this particular case a review of the file indicated that the Public Works Coordinator had reviewed and deleted the double curb cut with the plans giving no indication of an intended berm, however, the document with the deletion was not appropriately transmitted to the contractor which led Mr. Essen to believe that the double curb cut was approved. City Engineer Cook reviewed the plans and recommended approval of the double curb cut citing no safety concerns; and recommended that the berm be moved back to provide at least a 6 foot shoulder along Casco Point Road. Public Works Coordinator Gerhardson stated that Mr. Essen cut back the brush which was a major obstruction and no longer felt there was a safety concern subject to moving the berm back as recommended. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1987 JEFF ESSEN CONTINUED Jeff Essen was present for this matter and confirmed that he believed the double curb cut was approved with the building permit and would have designed the house differently had he known that it was not approved. It was moved by Councilmember Goetten, seconded by Councilmember Sime, that Council permit the construciton of a berm on the right-of -way '6 feet back for the traveled portion of the road and the construction of a berm on the right -of -way upon receipt of a Hold Harmless Agreement from the property owner and additionally allow for the double curb cut as outlined on the plans and if the bench is desired the applicant should submit the appropriate setback variance application. Motion, Ayes 5, Nays 0. - OFFICER MARY HENSEL* It was moved by Councilmember Sime, seconded by Councilmember Peterson, the Orono City Council accepts with regret the resignation of Officer Mary Hensel effective September 14, 1987. thanks her for a job well done. Motion, Ayes 5, Nays 0. FALL CLEAN -UP DATE* It was moved by Councilmember Sime, seconded by Councilmember Peterson, the Orono City Council acknowledges establishment of Saturday, October 17, 1987 from 8:00 A.M. to 4:30 P.M. as the date for the fall clean -up. Motion, Ayes 5, Nays 0. 1950 SHORELINE DRIVE - SETTLEMENT AGREEMENT* It was moved by Councilmember Sime, seconded by Councilmember Peterson, the City Council adopt the settlement agreement for 1950 Shoreline Drive as presented. Motion, Ayes 5, Nays 0. METRO WASTE CONTROL 1986 FINAL COSTS* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Council accept the information regarding Metro Waste's final cost figures for 1986 and directs staff to include this information in their determination of rates for 1988. Motion, Ayes 5, Nays 0. 0 MINUTES OF THE REGULAR ORONO COUNCIL !MEETING HELD SEPTEMBER 14, 1987 ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept City Administrator Bernhardson's Information regarding: Casco Point Road - Speed, 3536 Lyric Avenue, 1972 Shadywood Road, 3946 Sixth Avenue North, 2160 Wayzata Boulevard, 200 Hollander Road, 3645 North Shore Drive, 1920 Fagerness Point Road, 3405 Shoreline Drive, Dietrich /Blocker -458 Linden Avenue, Goal Setting, Purple Loosestrife, Administrator's Vacation and Conference, and Parade of Homes Special Event Permit. Motion, Ayes 5, Nays 0. CITY ATTORNEY'S REPORT: Mayor Grabek excused himself from the. Council for this matter. LICENSES* BILLS* ADJOURNMENT 8:40 City Attorney Blatz explained that problems have risen due to the Council not approving the amendment to the Forest Arms Purchase Agreement at the July 13, 1987 meeting. She explained that a payment has been made by that was due and owing that reflected the amendment which was not approved. Therefore, Attorney Blatz requested direction from Council on this matter. City Administrator Bernhardson explained the status of payments made to the City since May 1987. Acting Mayor Callahan felt that further discussion of this matter should be done in Executive Session. It was moved by Acting Mayor Callahan, seconded by Councilmember Sime, to enter into Executive Session at this time (8:20 P.M.). Motion, Ayes 4, Nays 0. Mayor Grabek abstained. There were no Licenses for Council approval. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. P.M. It was moved Peterson, to -+. o.nn 'n M. by Mayor Grabek, seconded by Councilmember adjourn the regular Orono Council meeting Motion, Ayes 5, Nays 0. Jame R. Grabek, Mayor 6