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HomeMy WebLinkAbout10-12-1987 Council MinutesMINUTES a OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1987 i ATTENDANCE 7:00 P.M. j The Orono Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Callahan, and Peterson. Councilmember Sime was absent. The following represented the City staff: City Administrator Bernhardson, Public Works Director } Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Barrett was also present. RESOLUTION OF CONGRATULATIONS - MINNESOTA TWINS RESOLUTION #2282 Mayor Grabek recommended Council adopt a Resolution of Congratulations to the Minnesota Twins for winning the American League Division Championship and in particular Orono resident, Tom Brunansky. CONSENT AGENDA* It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to approve the Consent Agenda* as submitted. Motion, Ayes 4, Nays 0. APPROVAL OF MINUTES* It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to approve the Minutes of the September 28, 1987 Council meeting as submitted. Motion, Ayes 4, Nays 0. PUBLIC COMMENTS There were no comments from the public. PLANNING COMMISSION COMMENTS Planning Commissioner Taylor was present and had no comments. ZONING ADMINISTRATOR'S REPORT: #1090 R.W. HOLLANDER 200/250 HOLLANDER ROAD SUBDIVISION RESOLUTION #2273 City Administrator Bernhardson explained that applicants have completed the requirements for final plat approval. He also noted the status of the clean -up on the John Hollander property. Attorney for the estate, Mark Rurik, was present and supported approval of the resolution. Councilmember Callahan questioned staff's recommendation for final subdivision approval when the clean -up work is not completed. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1987 #1090 R.W. HOLLANDER CONTINUED City Administrator Bernhardson stated that 'the outstanding removal of a barn on the John Hollander property is not related to this subdivision and it was the opinion of City Attorney Blatz that the barn issue could not be tied to subdivision approval. Councilmember Callahan asked about the status of the hazardous building proceedings on .the barn. City Attorney Barrett explained that there has been a stay issued by the district court which is still in effect preventing any removal of the barn in order to give the Historical Society time to determine if the barn is a historical structure. Attorney Rurik explained that John Hollander is the sole beneficial owner of the property with the barn and is entirely separate from this subdivision and estate. He noted that the City is pursuing the removal of the barn vigorously. He does not feel the removal of the barn can be tied with subdivision approval. Councilmember Callahan stated he understood the argument but was not entirely pursuaded by it. Councilmember Goetten voiced concern with giving final subdivision approval and forgoing the barn removal. Attorney Rurik emphasized that the City had no legal basis to hold off final subdivision approval pending the outcome of the barn removal. In addition, delaying final subdivision approval would be penalizing the other heirs of the estate for something John Hollander is pursuing; in addition to not accomplishing the City's goal to remove the barn. Mayor Grabek stated he understood the concern with getting the barn removed, however, but did not feel it should prevent the subdivision. City Administrator Bernhardson stated that staff has proceeded on the basis of City Attorney Blatz' opinion that the removal of the barn could not be tied to this subdivision. Mayor Grabek felt the City is doing as much as possible to accomplish the removal of the barn. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2273 approving the Plat of Holly Acres 3rd Addition. Motion, Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1987 #1193 THOMAS P. HUBER 2615 SHADYWOOD ROAD VARIANCE RESOLUTION #2274 City Administrator Bernhardson explained the request for a front line setback variance to install a pool, gazebo, and pump house in front of the front line of the house, noting the uniqueness of the property and that it is not lakeshore property. The proposed pool could not be placed in the rear yard area because it is low and retains water. In addition, a deck is proposed to be constructed attached to the house which does not require any variances. The proposed improvements are within the allowed 500 - 1,000' hardcover limits. Thomas Huber was present for this matter. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to adopt Resolution #2274 approving the variance per staff recommendation. Motion, Ayes 4, Nays 0. #1196 DENNIS McGREEVY 3405 EASTLAKE STREET VARIANCE RESOLUTION #2275 City Administrator Bernhardson explained the request for front and side setback variances to construct a three season porch on top of an existing deck located on a substandard lot. Planning Commission recommended approval because the proposed improvement was consistent with the pattern of existing development within the Eastlake Street neighborhood; and did not concur with staff's concern with an increased demand on the limited substandard septic system. Dennis and Sharon McGreevy were present for this matter. Dennis McGreevy stated that the house is currently only 568 s.f. of living space (1 bedroom) for them and their toddler and they need additional room for storage, living etc. He noted that their septic system is in A -1 condition and have been waiting many years for City sewer. Councilmember Goetten suggested additional living space in the rear yard after sewer is put in. Dennis McGreevy stated he needed the additional room now. Councilmember Goetten suggested a condition of approval that the porch could not be converted to a year around living area until sewer is in. Planning Commissioner Taylor reiterated the reasons for Planning Commission's recommendation of approval based MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1987 #1196 DENNIS MCGREEVY CONTINUED on the hardship of a very small residence and the proposal would be consistent with the neighboring structures. Councilmember Peterson asked staff how this request related to similar variance requests put off in Crystal Bay pending the sewer project. Staff stated that the only similar situation involved a house addition in the Crystal Bay area which was held in abeyance until the sewer was put in. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2275 approving the variances as proposed. Motion, Ayes 4, Nays 0. #1198 DAVID RAHN 1134 WILDHURST TRAIL VARIANCE RESOLUTION #2276 City Administrator Bernhardson explained the request for front line setback and front yard setback variances to construct a 241x 36' detached garage 12' from the front property line and 25 feet in front of the front line of the principal residence. He noted that the pavement of Wildhurst Trail overlaps the north corner of the applicants property by 11' at the widest point, therefore, staff had recommended asking for an additional 16' right -of -way as a condition of approval. However, Mr. Rahn objected to this condition and staff recommmends withdrawing the right -of -way request putting Mr. Rahn on notice that the road is actually on his property. David Rahn was present for this matter and noted that this right -of -way issue was not brought up when he built the house last year from the'same survey. In response to Councilmember Goetten's question, Mr. Rahn plans to store or remove the equipment currently stored outside in the new garage. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to adopt Resolution #2276 granting the variances as requested subject to deleting Condition #1 from the resolution. Motion, Ayes 4, Nays 0. #1202 PAUL SCHUELLER 1280 SPRUCE PLACE VARIANCE RESOLUTION #2277 City Administrator Bernhardson explained the request for front setback and hardcover variances to construct a 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1987 #1202 PAUL SCHUELLER CONTINUED 401x24' detached garage 3' Applicant has been unable to construct the much needed Planning Commission recommen 241x24' double garage with a from the side lot line. acquire additional land to garage and storage area. ded approval of a standard tuck -under storage area. Paul and Sue Schueller were present for this matter. Paul Schueller stated they were amenable to Planning Commissions recommendation of a smaller garage with tuck -under storage. Sue Schueller stated that they demolished a 100 year old shed in order to build the garage. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to adopt Resolution #2277 approving the variances per Planning Commission recommendation; and directed staff to revise the hardcover calculations reflecting the smaller garage area. Motion, Ayes 4, Nays 0. #1200 THOMAS SCHERBER 1820 SHADYWOOD ROAD VARIANCE RESOLUTION #2278 City Administrator Bernhardson explained the request for a hardcover variance to build a 61x 14' deck extending from an existing sliding door from the master bedroom. Applicant proposes an overall 1.3% decrease in the 75- 250' hardcover zone resulting in a total of 27.8% hardcover. No hardcover changes proposed in the 0 -75' or 250 -500' areas. He noted that a stop work order has been issued for shoreline work being done pending variance application and applicant is only being allowed to replace shoreline wall damaged in the storm. Councilmember Goetten noted a limestone stairway that seemed to be in a state of disrepair and hazardous. Thomas Scherber was present for this matter and stated that the stairs are never used and he could remove them. Applicant was advised that all structures within the 0 -, 75' area are non - conforming and cannot be replaced or repaired without a conditional use permit. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2278 approving the hardcover variance as proposed and to amend the resolution placing applicant and future owners of the property on notice regarding non - conforming structure within the 0 -75' lakeshore setback area. Motion, Ayes 4, Nays 0. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1987 #1184 GERALD T. McCOURTNEY 1055 WEST FERNDALE VARIANCE REQUEST TO AMEND PREVIOUS APPROVAL AMENDED RESOLUTION #2279 City Administrator Bernhardson explained the request to amend the previously approved addition plans. The request involves an additional 90 s.f. hardcover in the 75 -250' zone; and placement of bathroom addition 1313" from side lot line instead of the 15' previously approved. MAYOR'S REPORT: It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2279 approving the amended plan as proposed subject to no additional minor revisions. Motion, Ayes 4, Nays 0. Mayor Grabek had no report. CITY ADMINISTRATOR'S REPORT: 1988 MEETING CALENDAR/ 1988 BOARD OF REVIEW DATE It was moved by Councilmember Callahan, seconded by Councilmember Goetten, that the Council review the proposed 1988 schedule for its meeting schedule together with establishing Tuesday, March 22, 1988 as its Board of Review date for 1988 and refer the schedule to the Planning Commission for their input. Motion, Ayes 4, Nays 0. DEER HUNTING - BARER PARR ORDINANCE AMENDMENT NO. 42, SECOND SERIES City Administrator Bernhardson explained the issue of amending the ordinance to allow for the use of shot guns to hunt deer in Baker Park for a period not to exceed three days per year. He noted that there were no complaints received during last year's hunt and close to 100% of the hunters did get a deer. Staff recommends adoption of the ordinance amendment finding it the most effective way to limit the nuisance of deer to crop, areas in that area. It was moved by Mayor Grabek, seconded by Councilmember Peterson, that Ordinance No. 42, Second Series be adopted as an amendment to Ordinance No. 25, Second Series to allow for selected discharge of fire arms in Baker Park in accordance with the City permit. Motion, Ayes 4, Nays 0. A MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1987 WOODHILL AVENUE /PROJECT PROGRESS* RESOLUTION #2280 It was moved by Councilmember Callahan, seconded by Councilmember Goetten, that the Council accept the information from the staff regarding Woodhill Avenue, adopt Resolution #2280 receiving and calling hearing on improvement and establish November 23, 1987 as a public hearing for the project feasibility and special assessment for the upgrade of Woodhill Avenue. Motion, Ayes 4, Nays 0. WOODHIL /LOT 3 EASEMENT AGREEMENT* It was moved by Councilmember Callahan, seconded by Councilmember Goetten, that the Council accept the easement agreement for Lot 3 across Woodhill property to access through Woodhill Avenue. Motion, Ayes 4, Nays 0. REQUEST FOR PAYMENT #1 - ALLIED BLACKTOP* It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to approve payment #1 to Allied Blacktop for the 1987 Seal Coat Project in the amount of $82,540.46. Motion, Ayes 4, Nays 0. POLICE OFFICER APPOINTMENT* CHARLES SCHAUSS It was moved by Councilmember Callahan, seconded by Councilmember Goetten, that the Orono Council approves the hiring of Mr. Charles Schauss effective October 26, 1987 at the starting rate for patrol officers. Motion, Ayes 4, Nays 0. COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT AMENDMENT* RESOLUTION #2281 It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to approve the amended agreement and adopt Resolution #2281 for participation in the Community Development Block Grant program and to authorize the Mayor and City Administrator to sign the amended agreement. Motion, Ayes 4, Nays 0. ADMINISTRATOR'S INFORMATION* ATTORNEY'S REPORT: It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to accept City Administrator, Bernhardson's Information regarding: 3536 Lyric Avenue, 1972 Shadywood Road, 3946 Sixth Avenue North, 2160 Wayzata Boulevard, 200 Hollander Road, 3405 Shoreline Drive, September Goal Status, and Riparian Easement (Dianis vs. Harren) . Motion, Ayes 4, Nays 0. City Attorney Barrett requested an Executive Session at this time. VA MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1987 LICENSES* It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to approve the following License: Septic System Installer - Patnode Bros. Motion, Ayes 4, Nays 0. BILLS* It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to approve payment of the All Funds Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 8:16 P.M. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adjourn the regular Council meeting at 8:16 n *" M-4-; on, Ayes 4, Nays 0. ril _ --------------- - Jam s R. Gra ,Mayor