Loading...
HomeMy WebLinkAbout10-26-1998 Council Minutes• ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Richard Flint, Barbara Peterson; Charles Kelley was absent. Representing Staff were City Attorney Thomas Barrett, Senior Planning Coordinator Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, Director of Public Services Greg Gappa, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:02 p.m. ( #1) CONSENT AGENDA Items 5, 6, 8, 10, 11, 13, 24, 27, 30, and 31 were added to the Consent Agenda. Flint moved, Peterson seconded, to approve the Consent Agenda as amended. • VOTE: Ayes 4, Nays 0. *( #2) APPROVAL OF MINUTES - REGULAR MEETING OF OCTOBER 12, 1998 Flint moved, Peterson seconded, to approve the minutes of the October 12, 1998 Regular City Council meeting as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS - ANDREW MCDERMOTT, REPRESENTATIVE McDermott addressed the City Council, noting that the plans for Dickey Park are still being prepared by Shardlow and that NSP will be removing all unused poles. McDermott stated a new picnic table has been purchased for Antoine Park and the trail has been paved. Work on the Old Crystal Bay short basketball court has commenced and is nearing completion. McDermott remarked that the Parks Commission has been informed that a private citizen is interested in acquiring the Eisinger property, and inquired whether the City Council would like the Parks Commission to continue in their efforts to acquire the land and to prepare plans for the ballfields. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 E (Park Commission Comments, Continued) Mayor Jabbour suggested the Parks Commission continue to pursue the Eisinger property, noting that the City would be interested in a 100 year lease if possible. Jabbour commented there are zoning issues involved that will need to be addressed if the Dog House is interested in relocating to that site. Flint stated he was in agreement with Mayor Jabbour, noting the property is not suited for many uses. McDermott stated the property might not be ideal for structures. LAKE MINNETONKA CONSERVATION DISTRICT - LILI MCMILLAN, REPRESENTATIVE McMillan stated the new offices in Deephaven are more accessible with the LMCD holding its first meeting of the month on Wednesday. McMillan commented she is winding up her first year of being the representative to the LMCD, and inquired of the City Council what their views of the representation over the past • year have been. Mayor Jabbour stated he is grateful for McMillan's representation on the LMCD, noting Mr. Callahan has stated that McMillan is doing a great job representing Orono. Jabbour commented that Orono occupies 35 percent of the lakeshore around Lake Minnetonka but has a disportionate vote in the LMCD compared to the surrounding cities, noting the City of Orono has attempted to take an active role in the LMCD and has made a positive impact on Lake Minnetonka. McMillan commented the LMCD can serve an important function in addressing the uses of Lake Minnetonka and in protecting the environmental issues surrounding the lake. Goetten noted Orono is a leader in environmental concerns and the City Council appreciates McMillan's efforts in serving on the LMCD. Peterson inquired whether the City Council is interested in discontinuing representation to the LMCD. Mayor Jabbour stated the City does have the option of discontinuing representation to the LMCD, but recommended the City continue to have an impact on the issues dealt with by the LMCD. 40 0 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Lake Minnetonka Conservation District, Continued) McMillan stated she will continue to push for certain designated improvements that the City of Orono is interested in pursuing. Peterson remarked the City Council should be supportative of McMillan's representation on the LMCD, and inquired if there was any action the City Council could take to help with any particular project. McMillan stated the City Council has been positive about her representation to date, noting she will continue to work on budget issues. Mayor Jabbour commented that upon a request to the state legislatures by the City of Orono, the terms on the LMCD have been reduced from three years to one year. Jabbour stated the City of Orono should continue to take a pro - active role in the LMCD, noting the City is pursuing mandatory educational licensing. Jabbour inquired whether McMillan would be interested in serving another year on the LMCD. • McMillan stated she will accept another one -year term on the LMCD. ( #28) REAPPOINT REPRESENTATIVE TO LAKE MINNETONKA CONSERVATION DISTRICT Jabbour moved, Goetten seconded, to reappoint Lili McMillan for an additional one year term on the Lake Minnetonka Conservation District commencing October 28, 1998. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS - LIZ HAWN, REPRESENTATIVE Hawn stated she has nothing to report, but commented that she would be available for questions throughout the meeting. PUBLIC COMMENTS Richard Lyman, 715 North Ferndale Road, inquired whether he could obtain a report as to the status of the construction contracts for North Ferndale Road, noting that improvements to the road have been promised with no construction commencing. 0 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 0 (Public Comments, Continued) Kellogg stated the plans have been submitted to the State, with the City preparing to advertise for bids in January, 1999, awarding the bids in February, 1999, with construction scheduled to begin in the spring of 1999. Kellogg remarked construction should be completed by October of 1999. Lyman inquired whether the posted speed limit could be reduced to 35 mph instead of 40 until the road is improved. Lyman stated the current posted speed limit signs are not readily visible and are not adequate. Lyman requested that hidden driveway signs be posted along the road, noting there are 14 hidden driveways on the Orono side along Ferndale Road, which is a hazard. Lyman commented the width of the road does not conform to current City standards as well as not having shoulders. Lyman also requested the City consider relocating the sign concerning the Luce Line Trail to give the motorists more time to slow down. Mayor Jabbour commented Lyman's requests are reasonable but the City of Orono is dictated by law and is not able to lower the speed limit without the input of MnDot. Jabbour stated the Public Works Department can review the locations of the speed limit signs to insure that they are visible to approaching vehicles. • Kellogg stated the plans and specifications for North Ferndale Road will cut down the height of the hills as well as require 30 miles an hour for the new road. Mayor Jabbour remarked the Orono Police Department has purchased a speed monitor which could be posted along the road to inform the motorists of their traveled speed. Lyman requested that the speed monitor be posted along the road. Mayor Jabbour requested Gappa to relay Lyman's concerns to the police chief. ZONING ADMINISTRATOR'S REPORT ( 0) #2411 PAUL HANSSEN, 3195 CASCO CIRCLE - VARIANCE /CONDITIONAL USE PERMIT Paul Hanssen was present. Weinberger stated the Applicants are requesting a Conditional Use Permit and variances to replace a boathouse and deck located 15 feet from the lakeshore. The deck located above the boathouse was damaged in a windstorm; however, the building official has determined the is is ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 ( #2411 Paul Hanssen, Continued) boathouse to be in disrepair, which is not the result of the windstorm. Weinberger stated the Applicants have had a structural engineer inspect the boathouse who has determined that the front and back walls would need to be replaced as well as portions of the side walls. A variance to hardcover in the 0 -75' setback would be required as well as a variance to allow the boathouse to exist within 75' of the lakeshore, and a variance from the side yard adjacent to street setbacks. Weinberger stated the Planning Commission denied this application based on their understanding of the ordinance which limits improvements to 50 percent of the fair market value of the non - conforming structure. Hanssen commented he would like to improve the boathouse as it is a nice asset to the property, noting he was unsure as to why the Planning Commission denied his request. Hanssen stated the assessed value of the boathouse is listed at $15,000, with the fair market value usually being slightly higher than the assessed value. • Mayor Jabbour stated the improvements cannot exceed 50 percent of the fair market value. Hawn stated it was the Planning Commission's understanding that the value is what it was at the time the ordinance was put into effect. Hanssen stated the ordinance specifies the fair market value of the structure at the time of the loss. Mayor Jabbour commented that perhaps this application should have been tabled until a determination was reached on the fair market value of the structure. Barrett stated this is the first time he has had an opportunity to review this application, noting the ordinance concerning non - conforming structures limits improvements to the existing structure to 50 percent of the present fair market value. Section 10.03(J) applies only to the use and not to the location of the structure, noting the boathouse is not a non - conforming use. Mayor Jabbour inquired whether this application should go before the Planning Commission to allow them to review the application based upon the correct information. Hanssen stated he would like to have a decision as soon as possible. Mayor Jabbour suggested tabling the application until the new information regarding the value • of the structure is reviewed by the Planning Commission. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 ( #2411 Paul Hanssen, Continued) 0 Hanssen inquired whether City Staff could approve the application. Mayor Jabbour stated the City Council would need to approve the application, but would like to wait until the correct information is available. Weinberger stated the 60 day time period for this application ends November 24th. Goetten commented since all the correct facts were not before the Planning Commission when it reviewed this application, they should have the opportunity to review the information to give their recommendation to the City Council. Flint stated it is procedurally better to have this application go back to the Planning Commission for their consideration before the final decision is made by the City Council. Mayor Jabbour recommended placing this item on the agenda for the next Planning Commission meeting to allow them to reconsider their decision based on the correct information. Van Zomeren stated this application will be on the November 16 Planning Commission agenda and will appear before the City Council on the 23rd. Goetten moved, Flint seconded, to send Application #2411, 3195 Casco Circle, back to the Planning Commission for their review. VOTE: Ayes 4, Nays 0. ( #20) ANN THIES, LAKE MINNETONKA CABLE COMMISSION - 1999 PROPOSED BUDGET Ann Thies, Administrator of the Lake Minnetonka Communications Commission, addressed the City Council concerning the 1999 LMCC budget, noting that the LMCC has taken over the responsibility for funding local access programming. The new access fee is expected to generate $52,200 in revenues for 1999. Thies commented the expenses related to equipment repair and maintenance, office rent, studio fees, office equipment and access equipment have all increased. A subcommittee has been appointed to look into the access fees for the upcoming year. Thies requested the City Council pass a motion approving the 1999 LMCC budget. Mayor Jabbour thanked Ann Thies for her efforts in serving on the LMCC. 40 rol ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 is (Lake Minnetonka Cable Commission, Continued) Thies commented the LMCC has attempted to keep the budget in line, noting the LMCC is always looking towards the future and the new technology available. Goetten moved, Peterson seconded, to approve the 1999 Lake Minnetonka Communications Commission Budget. VOTE: Ayes 4, Nays 0. ( #4) #2413 PAUL AND MEGAN BENNETT, 500 HANLON AVENUE - VARIANCES/ RESOLUTION #4178 Paul and Megan Bennett were present. Weinberger stated the Applicants are proposing to add a 20' by 24' garage with second floor living space to the existing residence. The home was constructed in 1949 without a garage. The Applicants purchased the home in 1996 with the assumption they would be able to construct a garage. In 1991, the City Council adopted Resolution No. 2982 which permitted the construction of a deck with the condition that future proposals to increase lot coverage by structure on this • property would not be looked upon favorably by the Council. Weinberger stated the Planning Commission had recommended the Applicants consider purchase of an adjoining tax forfeited piece of land to increase lot coverage and to make it a legally combined lot which would then not require a variance to structural coverage. The Applicants have indicated interest in purchasing the property, but would like the original sewer assessment be waived. In 1997, a Resolution was adopted which requires that all outstanding assessments be paid to the City. The principal amount assessed on the vacant lot is $3,350.00. The Planning Commission recommended approval of the variances from side yard adjacent to street setback, rear yard setback, and side yard setback to allow a two car garage with second floor living space to be attached to the existing residence subject to the property owners acquiring the tax forfeited lot and joining the lot with Lot #1. Weinberger stated the City Council will need to make a determination on what amount the property should be assessed at for one -half of a sewer unit. Bennett had no comment. Weinberger commented the Applicants were led to believe by the real estate agent and former • owners that they would be able to construct a garage in the future. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 0 ( #2413 Paul and Megan Bennett, Continued) Goetten inquired if the lot is acquired, the sewer assessment still exists. Weinberger stated the sewer assessment has not been paid on the tax forfeited lot, noting the full assessment is $6,700.00. Lot 24 was assessed for one -half of a sewer unit. The $3,350 assessment on Lot 1 has been paid in full. Goetten stated she would like to limit the tax forfeited lot from becoming buildable in the future. Weinberger stated the entire lot is located in the wetland and is unbuildable. Peterson stated she was in favor of the application and is willing to waive the $3350.00 assessment. Mayor Jabbour cautioned the City Council that they might be setting a dangerous precedent if they waive this sewer assessment. Weinberger noted the full assessment of $3350.00 for the lot on which the residence is located has been paid. • Mayor Jabbour commented that a resolution has been passed which specifically states that new construction will not be looked upon favorably by the City Council. Goetten stated she did not understand the situation correctly before and the full assessment should be paid. Gaffron noted that in 1980, all the individual lots were assessed a fraction of the sewer unit Mayor Jabbour commented with the upcoming sewer projects, the City needs to be careful about waiving any sewer assessments. Bennett stated the resolutions were not included in the title for the property, and the purchase agreement they entered into has the seller paying any special assessments against the property. Mayor Jabbour stated the City is not included in the purchase agreement. Bennett inquired whether there was a requirement that these resolutions are recorded with the title. Van Zomeren stated the resolutions are filed, but the City has been experiencing problems with the title companies who may not be conducting a thorough title search. Van Zomeren 40 0 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 ( #2413 Paul and Megan Bennett, Continued) remarked the City is attempting to resolve this issue. Mrs. Bennett stated they were mislead by the former owners and were not informed about the resolutions. Mayor Jabbour stated he was sympathetic to the Bennetts' problem, and the City is taking steps to ensure that all resolutions in the future will be attached to the title to the property. Peterson inquired whether the City Council would be agreeable to allowing them to construct the garage without the additional lot. Weinberger stated this addition would increase structural coverage to 2,011.67 square feet or 31 percent where 1500 square feet is allowed. Mayor Jabbour remarked the Applicant has the right to appear before the City Council and request a garage without the additional land. Weinberger noted the Planning Commission was uncomfortable approving this application • without the additional land. Goetten moved, Flint moved, to adopt RESOLUTION NO. 4178 approving Application #2413, 500 Hanlon Avenue, granting of variances from side yard adjacent to street setback, rear yard setback, and side yard setback to allow a two car garage with second floor living space to be attached to the existing residence subject to the property owners acquiring the tax forfeit Lot ( #24) and joining the lot with Lot ( #1) to meet the intent of the Council to limit the structural coverage on the lot. VOTE: Ayes 4, Nays 0. Jabbour moved, Goetten seconded, to direct Hennepin County Tax Assessor to collect the full special assessment amount. VOTE: Ayes 3, Nays 1, Peterson opposed. *( #5) #2418 ROBERT LUND ON BEHALF OF GRAYDON AND MICHELLE NEWMAN, 1655 BOHN'S POINT ROAD - VARIANCE - RESOLUTION NO. 4179 Flint moved, Peterson seconded, to approve Application #2418, 1655 Bohn's Point Road, and adopt RESOLUTION NO. 4179. VOTE: Ayes 4, Nays 0. *( #6) #2421 JOANN JUNDT, 1400 BRACKETTS POINT ROAD - VARIANCE RENEWAL - RESOLUTION NO. 4180 0 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 ( #2421 Joann Jundt, Continued) • Flint moved, Peterson seconded, to approve Application #2421, 1400 Bracketts Point Road, and adopt RESOLUTION NO. 4180. VOTE: Ayes 4, Nays 0. ( #7) #2422 RICHARD GAY, 2735 SHADYWOOD ROAD, VARIANCE Richard Gay was present. Weinberger stated the Applicant is proposing to construct a six foot fence to exceed the maximum 3 1/2 height within the average lakeshore setback to contain his two dogs. The lot has unique topography and contains lots of natural vegetation. The proposed fence would be visible to the adjacent property as it would be located on the property line between the house and the lake. The Planning Commission has determined the desire to keep the dogs on this property is not a hardship and has recommended denial of the application. Gay stated he has recently purchased the property and was unaware of the height restriction on the fence until a couple of weeks ago. Gay commented he has owned the dogs for three years and would like to erect a fence to house the animals as well as provide an access into the house. Gay stated the adjoining neighbor is not opposed to the fence. . Gay remarked the property is unique in that there is a steep hill in the back and the lot has only one suitable area for a fenced in area. Gay stated he would be willing to reduce the height of the fence to five feet and plant additional vegetation to screen the fence. Gay stated the fence would actually appear to be 3 1/2 feet to the adjoining residence since his property is 18 to 20 inches below the neighboring lot. Mayor Jabbour inquired whether the Applicant could submit a new application with a revised location for the fence. Van Zomeren stated the Planning Commission is having a work session on Friday and a new application could be discussed at that time. Gay stated he could plant a row of arborvitae along the property line in lieu of a fence, which may be less desirable. Goetten inquired whether the Applicant has considered invisible fencing for these dogs. Gay stated since the dogs are rather large, the fencing would not be a viable option. Peterson remarked that if this application is approved, it might set a dangerous precedent. 11 10 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 is ( #2422 Richard Gay, Continued) Peterson moved, Jabbour seconded, to deny Application #2422, 2735 Shadywood Road, based upon the recommendation of the Planning Commission. Mayor Jabbour inquired whether the fence could be relocated to meet the average lakeshore setback. Flint inquired whether a hardship needs to be found in order to grant the variance. Weinberger stated that, yes, a hardship needs to be shown. Gay stated he would be willing to remove the fence once the property is sold or the dogs are no longer housed on the property. Peterson moved, Jabbour seconded, to deny Application #2422, 2735 Shadywood Road, based upon the recommendation of the Planning Commission. VOTE: Ayes 4, Nays 0. *( #8) #2423 GARA BEHRING AND TOM TERRY, 340 LEAF STREET VARIANCE - RESOLUTION NO. 4181 Flint moved, Peterson seconded, to approve Application #2423, 340 Leaf Street, and adopt RESOLUTION NO. 4181. VOTE: Ayes 4, Nays 0. ( #9) #2425 REBERS CONSTRUCTION, 2190 WEST WAYZATA BOULEVARD - PRELIMINARY SUBDIVISION APPROVAL - RENEWAL - RESOLUTION NO. 4182 Sidney Rebers was present. Gaffron stated the Applications are requesting a renewal of a preliminary subdivision approval which was originally granted by the City Council on October 13, 1997, via Resolution No. 3972. Gaffron remarked this land is zoned B -1 and is comprised of approximately one acre. The Applicant needs to address the stormwater pond capacity, escrow for future construction of the frontage road, and pay the park dedication fee before final plat can be approved. Staff recommends approval of the application renewing the approval granted approximately one year ago, with the only revised condition being in regards to the water easement. The park fee condition has been changed to reflect the April, 1998 ordinance. I1 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 ( #2425 Rebers Construction, Continued) is Gaffron stated the existing municipal water main along the west property line may not be centered on its easement which would require an additional five or six feet of easement in order to allow adequate access for future maintenance. Mayor Jabbour inquired how the easement should be handled. Gaffron stated the exact pipe location needs to be confirmed and the utility easement along the west boundary expanded as necessary to be ten feet on either side of the existing pipe. The Applicant had no comment. Jabbour moved, Goetten seconded, to approve Application #2425, 2190 West Wayzata Boulevard, and adopt RESOLUTION NO. 4182, a Resolution Granting Preliminary Approval of a Class II Subdivision, based on the recommendation of the Planning Commission, and subject to the verification and obtaining of the additional utility easement. VOTE: Ayes 4, Nays. Attorney Pflaum stated the engineering drawings have been submitted to MnDot, the City of Orono, and the Highway Authority to ensure the proper stormwater drainage. (Recess taken from 9:13 p.m. - 9:20 p.m.) 0 *( #10) #2427 KENTON AND DIANE CARLSON, 3498 NORTH SHORE DRIVE - VARIANCE- RESOLUTION NO. 4183 Flint moved, Peterson seconded, to approve Application #2427, 3498 North Shore Drive, and adopt RESOLUTION NO. 4183. VOTE: Ayes 4, Nays 0. *( #11) #2429 JEFFREY BRAUCHLE AND ELISA SCHOONOVER, 650 NORTH ARM DRIVE - VARIANCES - RESOLUTION NO. 4184 Flint moved, Peterson seconded, to approve Application #2429, 650 North Arm Drive, and adopt RESOLUTION NO. 4184. VOTE: Ayes 4, Nays 0. ( #12) #2430 PAUL PHILLIPS, 2140 SIXTH AVENUE NORTH - SKETCH PLAN REVIEW Paul Phillips was present. Van Zomeren stated the Application originally applied for a preliminary plat to divide an • 12 0 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 ( #2430 Paul Phillips, Continued) existing 4.5 acre site and create two lots. The Applicant was informed that this should be reviewed as a sketch plan because the proposal does not meet the zoning and subdivision requirements for front/back lots. This property lies within the RR -1B zoning district, which requires a minimum of two acres. The Applicant is proposing to create a new two acre lot located in the front and the lot with the existing residence would be comprised of 2.5 acres. The existing driveway would serve the two new lots as well as the adjacent residence at 2160 Sixth Avenue North. The Applicant had previously changed the lot line to provide a suitable septic site for Orono Woodlands. Van Zomeren stated back lot /front lot requirements still need to be addressed, noting the Applicant has submitted a new survey which gives the back lot access to the outlot. Van Zomeren recommended putting this item back on the Planning Commission agenda for their review. Phillips commented he was led to believe this subdivision would be grandfathered in, noting • he was not aware of the back lot /front lot requirements until recently. Phillips stated the City was previously informed that he was interested in creating two lots. Mayor Jabbour stated in order for a subdivision to be grandfathered in, final approval must have been given to the subdivision, which is not the case here. Tom Barrett, City Attorney, stated the subdivision does not currently exist and as a result there is nothing to grandfather in. Phillips commented he is preparing the subdivision for eventual sale. Van Zomeren stated there are strict restrictions regarding back lot /front lot, which the new survey resolves, but access to the lots still needs to be addressed. Van Zomeren stated in order for this matter to go back before the Planning Commission, a legal notice must be prepared for the newspaper by tomorrow. Mayor Jabbour stated the Planning Commission should review the new survey. Jabbour commented the City should review its position on City streets in an effort to become more consistent. Goetten suggested the Planning Commission look at the City's policy regarding city streets and driveways. 13 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 ( #2430 Paul Phillips, Continued) is Goetten moved, Peterson seconded, to send Application #2430, 2140 Sixth Avenue North, back to the Planning Commission for their review. VOTE: Ayes 4, Nays 0. *( #13) #2431 ROGER OLSEN, 815 PARTENWOOD ROAD - VARIANCE RENEWAL - RESOLUTION NO. 4185 Flint moved, Peterson seconded, to approve Application #2431, 815 Partenwood Road, and adopt RESOLUTION NO. 4185. VOTE: Ayes 4, Nays 0. ( #14) #2432 GREENFIELD CORPORATION, 4755/4775 BAYSIDE ROAD - EASEMENT /SUBDIVISION Laurie Lundeen, Greenfield Corporation, and Jim DeBerg, were present. Van Zomeren stated the Applicants are requesting a revision or amendment to the final plat resolution to accommodate a private driveway easement over Lot 3 to provide access to Lot 1. The private driveway easement does not comply with the approval resolution for the final plat, which shows an outlot for all three lots along Bayside Road. Van Zomeren stated • Staff is generally not in favor of private driveway easements due to the possible problems that may result. The Planning Commission recommended denial of a private easement and suggested that the Applicant apply for a lot line rearrangement, which would require a lot width variance for Lot 3. Jim DeBerg, 1551 Hunter Lane, Medina, stated he had previously met with the property owner and offered the private driveway easement not realizing that it was in conflict with what was originally approved in the Resolution. DeBerg stated he was later informed by the building official that he could not have a private driveway easement. Laurie Lundeen stated they were unaware they could not grant a private driveway easement. Mayor Jabbour stated the City does not officially recognize a private driveway easement. DeBerg remarked that even with the granting of the private driveway easement, the lot still exceeds the minimum lot size. Van Zomeren stated a lot width variance would be needed in the case of a lot line rearrangement for the middle lot. 14 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 • ( #2432 Greenfield Corporation, Continued) Mayor Jabbour inquired whether the City Council would be in favor of a private driveway easy ment. It 'was the consensus of the City Council not to approve the private driveway easement. Mayor Jabbour inquired whether the City Council would be in favor of a lot line rearrangement. Goetten stated access should be provided as outlined in the resolution, noting a precedent might be set if we allow a substandard lot in this subdivision. Goetten moved, Peterson seconded, to deny Application #2432, 4755/4775 Bayside Road denying the private driveway easement and directing the Applicant to abide by the conditions outlined in the original subdivision resolution. VOTE: Ayes 4, Nays 0. ( #15) #2433 DORIE FINN, 1640 SHADYWOOD ROAD - VARIANCE/RESOLUTION NO. 4186 . Dorie Finn was present. Weinberger stated the Applicant has applied for several variances to allow replacement of a first -story deck and stairway to the second story which was damaged in a storm. The original deck was constructed in 1968, and the repairs and replacement did not change the size or alter the design of the structure, but the repairs exceeded what was damaged in the storm. Weinberger stated variances to hardcover are required as well as a variance to permit the reconstruction of a residential deck within the lakeshore setback. Weinberger commented this structure had previously been utilized as a duplex, which is no longer the case. Finn stated her daughter lives on the top floor and she resides on the lower floor. Finn stated three footings were replaced as well as three support structures. The staircase was damaged by a fallen tree and was considered to be a hazardous situation. Mayor Jabbour inquired whether this structure is now legally conforming. Finn remarked the residence has not been a duplex since approximately 1960. Mayor Jabbour commented the duplex use of the residence cannot be reinstated. 15 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 ( #2433 Dorie Finn, Continued) . Flint moved, Peterson seconded, to approve Application #2433, 1640 Shadywood Road, and adopt RESOLUTION NO. 4186, per the recommendation of the Planning Commission. VOTE: Ayes4, Nays 0. ( #16) #2434 CAROL OLSON, KID'S ART SCHOOL, 2180 NORTH SHORE DRIVE, CUP AMENDMENT - RESOLUTION NO. 4187 Carol Olson was present. Van Zomeren stated the Applicant is requesting to construct a tipi for educational purposes on the property for use by her students. The Applicant operates the Kid's Art School. An amendment to the Lake Minnetonka Environmental School's conditional use permit is required to allow the tipi, which is considered to be an accessory structure. The Applicant has submitted a drawing depicting the location of the tipi, which is acceptable to Staff. Van Zomeren indicated that the Planning Commission requested the City Council consider waiving or reducing the $250 fee for the conditional use permit amendment. Mayor Jabbour commented he has spoken with two building officials who have differing • opinions on whether the fee is required, and expressed concern over the uncertainty regarding whether the fee is necessary. Peterson inquired whether there is a restriction on the maximum size of the tipi. Van Zomeren stated the proposed dimensions of the tipi were submitted which do not appear to cause concern. Van Zomeren stated the exact dimensions of the tipi could be attached as an exhibit to the resolution. Mayor Jabbour remarked he was in favor of the tipi as long as the structure does not decrease the present parking spaces. Goetten moved, Peterson seconded, to approve Application #2434, Kid's Art School, 2180 North Shore Drive, and adopt RESOLUTION NO. 4187, a Resolution Granting an Amendment to a Conditional Use Permit per the recommendation of the Planning Commission, and authorizing waiver of the $250 fee. VOTE: Ayes 4, Nays 0. ( #17) REQUEST FOR ASSESSMENT REFUND - JOE AND MARY FIEDLER, 365 -373 WESTLAKE STREET Joe Fiedler was present. 16 • 0 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Fiedler Assessment Refund, Continued) Gaffron stated the Applicants had originally applied for variances to construct a new home to replace their existing home at 365 Westlake Street. The application required a significant number of variances which the Planning Commission found to be difficult to approve, and the request was tabled. Since that time the Applicants have purchased the adjoining property at 373 Westlake, and have indicated they would like to combine both lots and eventually demolish both houses and build a new residence on the combined lots. The combination of the t.,. o lots will reduce the degree or magnitude of the variances required. Gaffron stated the request before the City Council tonight is to allow the residence located at 373 to remain on the combined lots as an accessory structure with no plumbing. The Applicants have indicated they would be willing to remove the plumbing. Staff recommends allowing the accessory structure to remain for a period of two years provided the plumbing is removed. Gaffron stated the Applicant is also requesting a sewer assessment refund since the residence will no longer be connected to City sewer. The previous owners had paid the annual assessments with their taxes each year from 1993 through 1998, with the remaining balance • of $5,304.02 being paid by Mr. Fiedler upon his purchase of the residence. Staff recommends denial of the refund due to the possibility of setting a precedent. • Fiedler stated he purchased the adjoining property a couple of months ago and in order to expedite the sale, he had agreed to pay the remaining sewer assessment. Fiedler remarked the property had been vacant for approximately one year prior to purchase and will continue to remain vacant. The sewer has already been capped and is no longer in use. Mayor Jabbour remarked the Applicant needs to understand that the City cannot refund the assessment due to the fact that it would set a dangerous precedent and the City in the future might be faced with refunding similar assessments whenever a vacant house is purchased. Fiedler stated there are instances where the City has waived sewer assessments where they have remained unpaid. Gaff-on remarked that the City on some occasions has waived unpaid sewer assessments on vacant lots before the property has been purchased by an interested party, but the City has not refunded any sewer assessments once the property has been purchased. Mayor Jabbour commented the lot will still be considered substandard even after the two lots are combined. 17 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Fiedler Assessment Refund, Continued) • Fielder stated the assessments on this lot have been paid by the previous owners from 1993 through 1997, and he is asking the City Council in good faith to refund the remaining sewer assessment as the residence will no longer be connected to City sewer. Mayor Jabbour stated the City has to ensure that a dangerous precedent will not be set by refunding the paid sewer assessment. where the City has refunded a portion of the paid sewer assessment. Goetten remarked that other lots have been previously combined throughout the City where vacant residences have been torn down and replaced with a new structure, and if approval of this request is given, it might open the door for similar requests. Flint indicated he was in agreement with Goetten. Mayor Jabbour stated the City Council has to be fair to all the citizens in the community when approval of applications is given, and recommended tabling the refund portion of the application until the full City Council was present. Fielder indicated he was fine with tabling the request for the refund. • Flint moved, Peterson seconded, to allow the legal combination of 365 -373 Westlake Street, subject to the removal of plumbing from the building at 373 Westlake Street, accepting the existing structure at 373 Westlake as an existing non - conforming accessory building due to its location nearer the street than the principal residence, subject to the accessory building being removed within two years of today's date. VOTE: Ayes 4, Nays 0. Goetten moved, Peterson seconded, to table the request regarding a refund of the sewer assessment paid by Fielder. VOTE: Ayes 4, Nays 0. ( #18) REQUEST TO AMEND EASEMENT DESCRIPTIONS - LOT 5, LITTLE ORCHARD Dan Anderson was present. Gaffron stated the Applicant is requesting to revise an easement legal description for Lot 5, Little Orchard. The City had previously granted a tree, woodland and vegetation preservation easement within the three lakeshore lots (Lots 4, 5, and 6), which also included a preservation easement area and a protected area. • 18 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 • (Little Orchard, Continued) Gaffron stated a potential buyer for Lot 5 has pursued the premise that the boundary of the protected area is wrongly located and should be moved closer to the lakeshore. The Applicant is suggesting that newer, more accurate topography information is available which results in the top of the bluff being located from ten feet to as much as forty feet nearer the shore than depicted in the easement description. Staff suggested that the builder have a new topographic survey created for site planning purposes to more accurately establish house placement, which has been completed. After a review of the newly submitted information, Staff has determined that the new analysis does yield a top of bluff setback line ranging from five feet to nearly forty -five feet nearer the lake than the current easement line. Staff is looking to preserve trees, vegetation, slope and natural topography with the easement. Staff recommends approval of Staffs revised easement description as depicted in Exhibit C, which is more accurate than the current description. Dan Anderson stated it is their goal to leave the natural topography of the land intact as much as possible, noting they would like to construct a residence on top of the knoll which is an ideal spot for a house and follows the natural contour of the land. Anderson stated they are attempting to keep the houses within the height restrictions as well. Kyle Hunt, Builder, stated the new topographic information shows the top of bluff setback in a slightly different location as the previous one, and requested the City Council consider the new information and allow for a new top of bluff setback. Hunt commented it is their intention to work as much as possible with the natural contours of the land and to avoid the need for extensive excavation. Mayor Jabbour inquired why Gaffron changed the top of bluff line. G.-`1'ron stated with the new topographic information available, it depicted slopes that exceed 10' percent, which changed the top of bluff line. Ted Kemna, Schoell & Madson, stated he has spent time working with Gaffron to understand the top of bluff ordinance. Kemna stated their goals were to keep the height of the house down as much as possible and as close to the lake which will provide a better driveway access coming in off the street. Kemna stated they are planning a circle drive for this property. Kemna remarked the difference between Gaffron's top of bluff line and his amounts to approximately a foot difference in elevation and four or five feet difference from the lake, which will allow the walkout to sit in more closely with the natural contours of the land. Dan Anderson commented the four to five feet distance adds no value to the residence but • would aid in their efforts to keep the height elevation of the residence lower. 19 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 0 (Little Orchard, Continued) Goetten commented if City Council follows the recommendations of Staff, the top of bluff line would not affect the location of the house. Kyle Hunt remarked they are attempting to preserve trees and to take advantage of the natural topography by requesting the top of bluff line to be relocated. Hunt commented they are seeking a compromise and are requesting something in between the two proposals, which would allow the residence to be lowered. Mayor Jabbour stated they are proposing only to change the top of bluff line for Lot 5, and inquired whether the City Council would like to continue working with the developer on this issue. Gaffron remarked that a compromise could be reached and still preserve the top of bluff line. Goetten commented that City Council and Staff have spent a lot of time developing the original top of bluff line, and expressed a concern about revisiting this issue and changing the line. Hunt stated there now is better information available to determine the top of bluff line. 0 Dan Anderson stated they are attempting to preserve the natural contours of the land. Goetten inquired whether the lot was staked as to the location of the residence and top of bluff line. Hunt remarked that staking could be done if it would assist the Council in their decision. Mayor Jabbour commented that the majority of the City Council feels that the issue should be revisited, and suggested the members might want to review the site. Kemna stated he will stake out the location of the house and the top of bluff line which will give the City Council a better perspective on where the top of bluff line is and how the house will be situated. Hunt commented they will accommodate the wishes of the City Council. Mayor Jabbour stated the City Council should definitely visit the site and this matter should be put on the agenda for the next City Council meeting. • 20 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 • ( #19) TONKAWA SHORES NEIGHBORHOOD ROAD ACCESS Dan Regan and Mr. Render were present. Gaffron stated the Applicants appeared before the City Council at the October 12th meeting regarding Regan's access proposal to Render's garage. Gaffron stated after a lengthy conversation with Staff and the City Attorneys, a possible solution was arrived at which will permit Render, although he has the right to use the entire old 16 foot easement for access purposes, to redesign and relocate his 16 foot paved width road so that it will require no grading within the portion of the 16 foot easement south of his lot line. The road could be tilted to the north which will allow all road drainage to reach the stormwater pond. Render will also grant at no charge to those property owners who currently have rights to use the old 16 foot easement, an easement over his new 16 foot road. The City will retain its right to regulate private property access to public roads as it always has, but the City has not been provided with any documentation by the neighboring property owners that the road as approved by the City is an encroachment on their rights of access. Gaffron stated Render will need to redraft an agreement outlining the conditions for review • and approval by the City Council. Barrett, City Attorney, stated that was his recollection of the meeting as well, and was interested in hearing whether this meet with Regan's approval. Regan commented he agrees with what Gaffron has outlined as the agreement, noting he never had the understanding that the road would be built within the existing easement. Render stated he thought the City had an easement over the property. Mayor Jabbour inquired what the City Council thought of the agreement. Flint stated he was fine with the proposed agreement. Goetten indicated she does not have a problem with the agreement, noting Render is willing to give up his land to make this agreement work. Gaffron stated that Regan would like approval of this process so he can obtain a building permit for his garage. Gaffron stated these changes could perhaps be incorporated into the subdivision documents as necessary. Jabbour moved, Flint seconded, to accept the proposed agreement regarding • driveway access to Outlot A Tonkawa Shores as outlined in the Planner's Report 21 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 LJ (Tonkawa Shores Road Access, Continued) dated October 23, 1998, subject to review and approval by the City Attorney and City Staff. VOTE: Ayes 4, Nays 0. ( #20 Follows Item #3) CITY ADMINISTRATOR'S REPORT ( #29) NEIGHBORHOOD CONCERNS REGARDING THE JOINT LONG LAKE/ ORONO BRUSH AND LEAF DISPOSAL SITE Mayor Jabbour stated due to the damage caused by the early spring and summer storms, the City of Orono and Long Lake had jointly agreed to use the Long Lake Public Works site to dispose of leaves and brush. Gappa commented a wood chipper had been brought in earlier and the downed trees were shredded and the chips were hauled out. Jabbour commented the site will be reopened this fall to accommodate the disposal of leaves and brush. • Gappa stated the site is just for the disposal of leaves and brush and will remain open until the end of October. Gappa commented a wood chipper had been brought in earlier and the downed trees were shredded and the chips were hauled out. John Dalbec, resident, expressed concerns over the location of the disposal site, noting that it is situated in a residential area. Mayor Jabbour stated a decision was made after the storm to utilize that site to deposit the downed trees and limbs in a joint effort with Long Lake to clean up the debris after the severe storms. Jabbour remarked the City of Orono has been taking steps to clean up that site. John Dalbec stated in his opinion the City was not doing enough to resolve the problem. Mayor Jabbour stated the disposal site is a permitted use in that residential area, noting he has personally visited the site four times in an effort to address some of the concerns raised by the citizens. Jabbour commented that in the case of an emergency, sometimes residents have to put aside their own interests to accommodate the needs of the community. Dalbec stated there were other sites available throughout the City and questioned why those sites were not being utilized. E 22 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 • (Brush and Leaf Disposal Site, Continued) Ma,, or Jabbour remarked the City of Orono is attempting to find other suitable locations for the disposal of brush and leaves, but Long Lake has indicated they will continue to utilize that site, which is a decision the City of Orono cannot control. Da!bec commented Long Lake utilizes only a small portion of the site and the majority of the pr.�jblem has been caused by Orono. N1; 3yor Jabbour reiterated that the City is attempted to address the residents' concerns and to find appropriate solutions to the problems being experienced in that area. Jenning, resident, stated unfortunately residents have started using this site to dump other garbage as well, and requested the City of Orono to close the site down permanently due to the abuses that are continuing to occur at that site. Jenning commented he was told by the police that they were unable to do anything about the situation. Mayor Jabbour stated City Administrator Moorse has drafted a memo addressing this problem a few days ago, which is why the matter is on the agenda for tonight's meeting. Jenning remarked that people are abusing the site and requested policing of the area in an • effort to stop the violations. n U Mayor Jabbour suggested no trespassing signs could be posted as well as policing by the City of Long Lake. Jabbour commented that the heavier activity occurred back in May following the storm. Jenning stated the residents in the neighborhood understood back in May the emergency situation and were willing to accommodate the situation, but the site has been continued to be utilized well after the damage from the storm has been cleaned up and is putting an undue burden upon the residents in that area as well as causing safety concerns for the children in the area. Goetten commented she has received phone calls all summer long requesting that they be able to utilize this site, but noted that this site is not located within the City of Orono limits which makes it difficult for the City to enforce or shut down. Jenning remarked that the Long Lake Fire Department has utilized this site to burn cars, which posed a hazard to the children in the neighborhood. Jenning commented they are now experiencing increased traffic as well. Jenning stated he was informed by the City of Long Lake that the majority of the dumping is being done by the City of Orono. Mayor Jabbour stated the City has taken steps to correct the problems. 23 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Brush and Leaf Disposal Site, Continued) • Jenning requested the City Council cooperate jointly with Long Lake in an effort to close the site permanently. Mayor Jabbour commented he is not aware of what Long Lake's plans are concerning the future of this site, but stated the City of Orono's objective is to clean up the site and to provide a safe environment for the residents in that area. ENGINEER REPORT ( #21) AWARD BID FOR LIFT STATION #13 Gappa reviewed his October 22, 1998 memorandum regarding the bids received for the rehabilitation of Lift Station 13, noting that the bids are higher than his projected estimate of $90,000.00. Gappa recommended the bid of $107,900.00 be awarded to GHT Construction. Flint moved, Peterson seconded, to award the contract for Lift Station 13 Rehabilitation to GHT Construction in the amount of $107,900, to be funded from the Sewer Fund, and to amend the 1998 Sewer Fund budget to reflect the increased • expenditure amount. VOTE: Ayes 4, Nays 0. ( #22) DESIGNATE NO PARKING AREA AT CRYSTAL BAY POST OFFICE Gappa stated due to safety concerns raised by several people, Hennepin County has agreed to install "No Parking or Stopping" signs in front of the post office. Peterson questioned whether posting of "No Parking or Stopping" signs in front of the post office will address all the safety concerns. Flint inquired whether all the options have been pursued. Flint commented that the possibility of a drive - through should be reviewed further. Gappa stated the mail boxes could be relocated to provide easier access. Mayor Jabbour suggested Gappa talk to the Post Master about the possible relocation of the mail boxes. Peterson commented that perhaps more research into this matter should occur. 0 24 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 • (No Parking Area at Crystal Bay Post Office, Continued) Gappa remarked he will look into the possibility of relocating the mail boxes and report back to the City Council. ( #23) NON - RESIDENTIAL SANITARY SEWER CHARGES - RESOLUTION NO. 4188 Gappa reviewed his October 22, 1998 memorandum regarding sanitary sewer billing for commercial and industrial accounts in Navarre. Staff is recommending that the billing method for sanitary sewer be changed so it will be similar to the method used for non - residential accounts in the Highway 12 area, which is based on the amount of metered water actually used. Jabbour moved, Peterson seconded, to adopt RESOLUTION NO. 4188, a Resolution Establishing Procedures for Sanitary Sewer Billing. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT, CONTINUED • *( #24) APPOINTMENT OF ADDITIONAL 1998 GENERAL ELECTION JUDGES - RESOLUTION NO. 4189 Flint moved, Peterson seconded, to adopt RESOLUTION NO. 4189, a Resolution Appointing Additional Election Judges for the General Election to be Held November 3, 1998. VOTE: Ayes 4, Nays 0. ( #25) ESTABLISH DATE AND TIME FOR CANVASSING BOARD MEETING Mayor Jabbour stated a work session has been scheduled for Wednesday, November 4 at 9:00 a.m. Jabbour moved, Peterson seconded, to schedule Wednesday, November 4, at 9:00 a.m., for the canvassing board meeting. VOTE: Ayes 4, Nays 0. ( #26) CERTIFICATION OF DELINQUENT UTILITIES AND GENERAL SERVICE FEES - RESOLUTION NO. 4190 Goetten commented that the amount of delinquent utility and general service fees are rather high, and inquired whether the City is actively pursuing collection of these delinquent fees. Gappa stated the delinquent fees and interest are added to the tax rolls for the property . associated with the delinquent fees. 25 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 n LJ (Certification of Delinquent Utility Fees, Continued) Goetten moved, Peterson seconded, to adopt RESOLUTION NO. 4190, a Resolution for the Collection of Delinquent 1998 Sewer and Water Utility Service Charges, Recycling Program Fees, Annual Service Charges for the On -site Sewage Treatment (Septic) Inspection Program, and General Service Fees. VOTE: Ayes 4, Nays 0. *( #27) HIRING OF PART -TIME COMMUNITY SERVICE OFFICER Flint moved, Peterson seconded, to approve the hiring of Matthew Hagen as part -time Community Service Officer with an hourly rate of $8.28 per hour, with no benefits or PERA membership based on the $5100.00 maximum earnings stipulation, effective October 19, 1998. VOTE: Ayes 4, Nays 0. (Item #28 Follows LMCD Report) (Item #29 Follows Item #19) CITY ATTORNEY'S REPORT None • *( #30) LICENSES ORONO HOCKEY BOOSTERS, INC. - RESOLUTION NO. 4190 Flint moved, Peterson seconded, to adopt RESOLUTION NO. 4190, a Resolution Approving the Application of Orono Hockey Boosters, Inc., for a One Day Off -Site Gambling Permit. VOTE: Ayes 4, Nays 0. *( #31) BILLS Flint moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Flint moved, Peterson seconded, to adjourn the meeting at 12:13 p.m. 0 26 to LJ u ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 ATTEST: — Linda S. Vee, City Clerk Gab *el Jabbour, 27