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HomeMy WebLinkAbout03-12-1984 Council Minutes REGULAR MEETING OF THE ORONO COUNCIL HELD MARCH 12, 19$4. PAGE 1 ATTENDANCE 7:9Q P.M. The Orono Council met on the above date with the following members present: Mayor Butler , Council- members Adams, Grabek and Hammerel . Councilmember Frahm was absent . City Engineer Cook, City Attorney Radio, Zoning Administrator Mabusth , Public Works Coordinator Gerhardson, Assistant Zoning Adminis- trator Gaffron, and Recorder Sutton represented the City Staff . City Administrator Benson was not present. Planning Commission Repr2sentative Callahan arrived at 7 : �4 p.m. CONSENT AGENDA* Mayor Butler moved , Councilmem�er Adams seconded , to approve the Consent Agenda* , subject to removing item 1�?_8 for discussion, with all staff reports coricerning items reviewed at this meeting to be attached to the original copy of these minutes on file in the City Clerk' s office . Motion, Ayes (4) , Nays (G1) . MINUTES* Mayor Butler moved , Councilmember Adams seconded , to approve the Council minutes of February 27 , 1984 . Motion, Ayes (4) , Nays (0) . PLANNING COMMISSION COMMENTS Planning Commission Representative Callahan had no comm�nts. PUBLIC COMMENTS There were no comments from the public present . �679 WILLIAM SMILEY 2720 PHEASANT ROAD VARIANCE Yale and Suzie Smiley of 3818 North Shore Drive and William and Isabel Smiley of 2720 Pheasant Road were present. Zoning Administrator Mabusth noted that this was the first application where the City would have to apply the new standards eiiminating the common ownership issue. Mayor Butler asked where the sewer line runs . Butler also noted that there is a sewer capacity problem with Lift Station 7 and that the Smileys would have to wait until that is upgraded . Councilmember Adams stated that the Smileys shouidn ' t he held up. Councilmember Grabek moved , Councilmember Adams seconded , to approve a lot area and lot width variance for William Smiley based on the following findings : 1 . The area and lot width of Lot 15 is consisterit with the surrour�ding developed lots of the Pheasant Lawn neighborhood . 2. Thereis.no available undeveloped Iand to combine with the property. REGULAR MEETING OF THE ORONO COUNCIL HELD MARCH 1?_, 1984 . PAGE 2 3 . Sewer and water are available to the property. 4 . Unanimous support of variance application per written petition from Pheasant Lawn neighborhood . 5. Lot 1� was purchased separaY_ely by Mr . Smiley - 3 years after he purchased Lot ].7 . The lots have been taxed separately. 5 . To permit construction of a residence on Lot 16 meeting all standards of the Orono 7oning Code will not pre5ent any danger to the public health , safety and weifare. Approvai is based on the f_ollowing conditions : 1 . Formal variance approval by Council will be delayed until the appiicant compietes a subdivision applicationof a lot line rearrangement providing for a 141 feet setback from the principal structure on Lot 17 , area of Lot 15 to remairi at 25 , 342.. 5 square feet and desi.gnate bui.lding envelope for new struc.ture . 2. Provide utility easement in favor of Lot 1? upon transfer or sale of Lot 15. 3 . All improvements to Lot 16 are subject to the performance standards that govern develupment of lakeshore properties. 4 . The City wiil approve no additional variance with this application. 5 . Applicant to time the building scheduie with the upgrading of Lift Station 7 . 6. Applicant to proceedwithalotlinerearrangement application. Motion, Ayes (4) , Nays (0) . �764 CALVARY MEMORIAL CHURCH 242H DUNWOODY ROAD VARIANCE AND CONDITIONAL USE PERMIT RESOLUTION �1��19 Bert Haglund was present . 7oning Administrator Mabusth noted that Calvary wouid be reducing the hardcover 26 percent but that they would need a parking area variarice . Councilmember Hammerel moved , Mayor Butler seconded , to approve Resolution #1h09 , A Resolution Grantirig A Conditional Use Permit Per Municipal Zoning Code Section 34 . f�22 and a Variance to Municipai Zonirig Code Section �4 . 51�1 and 38 . 305 , to permit constructior� of an 81 ' x 1f�4 ' sanctuary addition to the existing church. Motiun , Ayes (4) , Nays (�i) . REGULAR MEETING OF THE ORONO COUNCIL HELD �ARCH 12, 1984. PAGE 3 #807 HENNEPIN COUNTY 2FiH0 WAYZATA BLVD. CONDITIONAL USE PERMIT & VARIANCE Earl Johnson, David Smith , and William Gagne were present. Mayor Butler stated that if they are creating a parcel of land that it should conform to the zoning code . This zoning district is 2. 9 acres minimum and 1 . 58 acres does not meet the code . Butler stated that she was not against the construction of a library, but that the lot shouid be 2.. 0 acres fio meet the code . Eari �7ohnson stated that the Courity exceeds ail setbacks and parking requirements . Johnson stated that the County has taken into consideration any future expansion of the library and Lhat the County would stiil meet and exceed all setbacks or parking requirements. Johnson stated that 1 . 58 acres is enough area to build a library. Johnson stated that when this area was zoned to 2. 0 acres minimum, that it was not sewered . Johnson stated that 2. 0 acres minimum is necessary if the property is not sewered , but this area is sewered and the ?_. OJ acre minimum is not necessary to build on. Johnson stated that they have proposed 35' from the corner . Mayor Butler stated that Highway 12 is a travelled road �nd the setback shouic� be 5� ' . Earl ,7ohnson asked that the access to the site be addressed later . Johnson stated that the County has discussed a temporary access . Mayor Butler felt that screening should be required from the residential property lines. Butler stated that it should be 2 . 0 acre minimum. Cour�cilmember Adams asked what future you see for this library. Adams asked if the County is comfortable with the long range planning of this library. Adams noted that it is a density question rather than the site just having sewer . David Smith stated that the County has taken into consideration any future expansion and that parking would still exceed the requirements . Earl Johnson stated that traffic should not be a problem because of the signalized intersection . Johnson stated the he felt this was a unique condition because Orono may riever have another library and that the 1 . 53 acres is sufficient to build such a library. Johnson stated that since it is sewered that differerit staridar:�s should be appl ied . REGULAR MEETING OF THE ORONO COUNCIL HELD MARCH 12, 1984. PAGE 4 Mayor Butler stated that the zoning code adopted a ?_ acre minimum which is appropriate for the neighborhood . Councilmember Grabek asked the County why they are proposing 1 . 58 acres when they know that it is a 2. � acre minimum. Grabek asked if the 1 . 58 acres is all that Mr . Gagne wouid sell to the Courity. Mr . Gagne stated that hn wouid seli 2. �1 acres to the County. Earl .7ohnson stated that the County has a budget to go by and that the ]. . 53 acres is �11 they needed to buy to construet the library. Councilmember Adams stated th�t the City has been allocated 116 sewer uriits from the recent upgrading of the Orono-Long Lake sewer system. Adams stated that the library may r�eed 2 sewer uriits if they piari on expanding in the future because the sewer units may not be available later on. Zoning Administr�tor Mabusth stated that the Plannir�g Commission had recommended that ali access be from an access road and that such road should align with the Middle School ' s first driveway. Mayor Butlermoved , Councilmember Grabek seconded , to table Hennepin County' s conditional use and variance so that the applicant and the property owner can discuss the purchase of a 2 acre site in order to meet all zoning codes. Motion, Ayes (4) , Nays (4�) . �811 JOHN ERICSON 1620 SHADYWOOD ROAD CLARIFICATION OF PERFORMANCE STANDARDS FOR SUBSTANDARD LOTS LEGALLY COMBINED John Ericson was present . Zoning Administrator MabusthstatedthatthePlanningCommission had tabled Mr . Ericson' s var.iance application awaiting clarification of performance standards for sub- standard lots Iegally combined . John Ericson stated that Lot 3 is 55' and Lot 4 is 60 ' . Eri.cson stated that the boathouse was removed from Lot 4 per Council ' s recommendation. Ericson stated that he wished to build a new home on Lot 3 . Ericson stated that there is sewer and water available . Mayor Butler stated that it has been the practice of the City to not create substandard lots. Butler stated that when the lots were combined , that it made this lot conform to the zoning code . Butler stated that in asking to h_ave those two lots separated , you are asking the City to ignore the zoning code and to create two substandard iots . REGULAR MEETING OF THE ORONO COUNCIL HELD MARCH 12, 1984 . PAGE 5 ,John Ericson stated that every lot in tnat neighborhood is the same as these two lots . Ericson noted that Allenburg ' s lot just down the road is a 6!� ' lot and the City approved that . Mayor Butler stated that the City does not want to create two substandard iots , when it conforms to the zoning code now. Mayor Butler noted that 41 percent meet or exceed the half-acre zoning requirement . Butler noted that 53 percent of the existir�g residential units are four-tenths of an acre or larger . Butler noted that there are existing residential ur�its that meet the zoning requiremerit . Butler stated that 16 percent of the existing residential units offer the potential of divisior� if they are subject to th2 same performance standards for lots of common ownership. Butier stated that 43 new potential homesites couid be created if the City sets a precedent by approving the Ericson appiication. Ericson stated that he could understand that if there wasn ' t sewer and water . Ericson stated that the area is predominately on 501 ' lots, Ericsori asked how can the City ask peopie to pay taxes on property they can ' t buiid on. Zoning Admi.nistrator Mabusth sta.ted that the City is realiy looking at �� subdivision and if approved , both lots would need variances . Mabusth noted that it wouid be a divi.sion for tax purposes . Councilmember Adams stated that it is just iike coming in wit'n a two lot plat where neither of the lots meet the zoning code . Councilmember Grabek stated that any action taken by the Cour�cil would certainly affect other people and that a public hearing should be held for the neighbors input. Grabek stated that if they grant approval to Mr . Ericson that the City would have to grant approval to the other 43 peopie. Ericson stated that the neighbors were mailed notices of the Planning Commission meeting and no one showed up. Mayor Butler suggested that the Pl�nning Commission look at this application in a broad range view of possibly 43 more units in the area . Butler stated that the Plannir�g Commission should address how those 43 units could affect the lake and the a�lditiorial hardcover . Butler stated that right now the nei�hbors have the advant�ge of a little space in between the houses . REGULAR MEETING OF THE ORONO COUNCIL HELD MARCH 12, 19$4. PAGE 6 Er icson asked why he should be penal i zed j ust because it was legally combined a long time ago . Ericson stated that if this Council denies this buildable lot he intends to take legal recourse to get the taxes reduced on it because all he can ever do on it is cut grass. City Attorney Radio asked if this legal recourse would be against the City or legal action to get the taxes reduced . Ericson stated that he wouid do whatever he has to do . Ericson stated that if this Couricil is guing to say he can only have �5 ' of grass , then he is going to talk some place else. Cour�cilmember Grabek askec� what the legal position is if the City denies this application. Grahek state� that he is against creating substandard lots . Mayor Butler state� that the tax assessor does take into consideration the homestead anc� vacant land . Mayor Butler stated that the Planning Commission should address the impact of the neighborhood as a whole and should use the 100 percent subdivision standards. #812 ALAN McDOWELL 905 FERt�DALS ROAD WEST VARIANCE RESOLUTION Alan McDowell was not present . Zoning Administrator Mabusth stated that Mr . McDowell had contacted her asking that the Couricil table his application until he can be present . Mayor Butler moved , Councilmember Adams seconded , to table Alan McDowell ' s variance application until he can be present. Motion, Ayes (4) , Nays (0) . �813 MICHAEL SMZTH 525 PARR LANE VARIANCE RESOLUTION #1610 Michael Smith was r�ot present . Zoning Administrator Mabusth stated that Mr . Smith had contacted her telling her that he could not attend the meeting . Mabusth noted that Michael Smith had signed off on the resolution. Mayor Butler moved , Councilmember Adams seconded , to approve Resolution #lhl� , A Resolution Granting A Variance to Municipal Zoning Code Section 34 . 452 and 34 . ?_a2, to permit construction of an addition. Motion, Ayes (4) , Nays (�J) . REGULAR MEETING OF THE ORONO COUNCIL HELD MARCH 12, 1984. PAGE 7 PLANS � SPECS — HANDICAP ACCESS — LAKEVIEWGOLF COURSE City Engineer Cook stated that the bid opening date will be March 27 , 1984 . Mayor Butler moved , Councilmember Adams seconded , to approve the plaris and specifications for the Lakeview �;olf_ Course . Motion , Ayes (4) , Nays (�3) . F.W.B.I. — SEWER STUDY ,7oe Rossillon �nd John Shar�low were present . City Engineer Cook stated that the history of assessments of property was studied and also the Schlee Development project and how they were assessed . City Engineer Cook stated that 23 potentiai units are available so they must be assessed for 23 usabie uriits . Cook noted the Schlee Developers were assessed S?, 000/acre . Cook stated that the F.W.B. I . would be assessed $47 ,�18� . 00 for the trunk charge . Cook statec� that this would leave the City with $57 , P10f� to allocate/distribute , Cook stated that the 8 units createc� in the current PRD proposal of the F.W.B. I . wouid have to be paid up front. Cook stated the unit charge for all future new users wili be $5�1� . 00 . Cook stated that total cost would be $1PJ4 , 2f�(� which would include construction of 1 , 3(�0 feet of force main ta bypass lift station h. Cook stated that there are 115 uriits inciuding the F.W.B . I . t:hat couid be developed in that area. Adams advised the Council that it is not likely that all 11� units wouid ever be developed and that a more realistic number would be half of that number and the City should consider a $1 , Bt�0 . 00 uriit charge. Mayor Butler moved , Councilmember Adams seconded , to approvethesewerstudyfortheF.W.B . I . Motion, Ayes (4) , Nays (0) . ORDINANCE NO. I , 2ND SERIES ADOPTING CODIFIED MUNICIPAL CODE — EFFECTIVE APRIL 1 Mayor Butler moved , Councilmember Hammerel seconded , to approve Ordinan�e No . l , 2nd Series Adoptinq the Codified Municipal Code to be effective April 1 , 1984 . Motion, Ayes (4) , Nays (0) . HENNEPIN COUNTY BOARD OF COUNTY COMMISSIONERS Mayor Butler noted the meeting of the Hennepin County Board of Commissioners to be heid Thursday, March 22 , 19�34 , regarding the Hennepin Cour,ty Road #15. LAKE MINNETONRA MAYORS ASSOCIATION MEETING Mayor Butier annour�ced the Lake Minnetonka Mayors Association meeting to be held March 15, 1984 , at 7 : 341 p.m. in the Orono Council Chambers . Motion, Ayes (4) , Nays (�1) . REGULAR MEETING OF THE ORONO COUNCIL HELD MARCH 12, 19�4. PAGE 8 DIANE DUNLAP — • RESIGNATION Mayor Butler noted Diane Durilap' s resignation from the West Hennepin Human Services Board . ROBERT BROWN � DAVE COCHRAN Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson' s letter to Robert Brown and Dave Cochran concerni.ng the Lake Minnetonka Mayors Associ�tion meeting . Motion, Ayes (4) , Nays (�1) • CABLE TV PUBLIC HEARING Mayor Butler announced the Cabl� Teievision public hearing to be heid Aprii 4 , 1984 at 7 : Q1PJ p.m, in the Shorewood City offices . PUBLIC VS. PRIVATE* Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson' s memo dated February 29 , 1984 , concerning pubiic vs private streets . Motion, Ayes (4) , Nays (Q) . PRIVATE STREET MAINTENANCE COSTS* Mayor Butier moved , Councilmember Adams seconded , to approve City Administrator Benson' s memo dated March 8 , 1984 , concerning street maintenance costs . Motion, Ayes (4) , Nays (OJ) . LIQUOR OPERATION* Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson' s memo dated March 8 , 1984 , concerning the liquor store operation. Motion, Ayes (4) , Nays (�7) . MONTHLY SUMMARY OF RECEIPTS, DISBURSEMENTS & BALANCES — 1-84* Mayor Butler moved , Councilmember Adams seconded , to approve the monthly summary of receipts , disburse— ments and bala�ces for the month of January, 1984 . Motion, Ayes (4) , Nays (0) . MONTHLY LIQUOR STORE OPERATING REPORT — 2-84* Mayor Butler moved , Councilmember Adams seconded , to approve the monthly Iiquor store operating report for February, 1984 . Motion, Ayes (4) , Nays (�) . RE�OLUTION �1Fi11 ADD A DEPOSITORY FOR 1984* Mayor Butler moved , Councilmember Adams seconded , to approve Resolution #lhll , A Resolution Designating appointments for the year 1984 . Motion, Ayes (4) , Nays (0) . CRIME PREVENTION PROGRAM* Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson' s memo dated �iarch 9 , 1984 , concerning the crime prevention program. Motion, Ayes (4) , Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL HELD MARCH 12, 1984. PAGE 9 POLICE PUBLIC AUCTION* Mayor Butler moved , Couricilmember Adams seconded , to approve the police public auction to be heid on April l.l , 1984 at 1H : �1(� a .m. Motion, Ayes (4) , Nays (�) . MUTUAL AID AGREEMENT* Mayor Butler moved , Councilmember Adams seconded , to approve the mutual aid agreement with Long Lake/Spr ing Park/Minnetonka Beach . Motion, Ayes (4) , Nays (0) . WILLOW DRIVE REPAIR* Mayor Butler moved , Councilmember Adams seconded , to direct staff to prepare plans and specs for repair and leveling course for Wiilow Drive. Motion , Ayes (4) , Nays (�J) . PUBLIC HEARING - C.D.B.G* Mayor Butler moved , Coun�iimember Adams seconded , to approve a public hearing for C . D.B.G. to be held on March 25 , 1984 at � : 04� p.m. Motion, Ayes (4) , Nays (�1) - COUNTRYSIDE MANOR - BOND Mayor Butler moved , Councilmember Adams seconded , to approve City Administrator Benson' s memo concerning the Countryside Manor Addition' s bond . Motion, Ayes (4) , Nays (�1 . £.YLE OMAN - EMPLOYMENT* Mayor Butler moved , Councilmember Adams seconded , to approve the employment of Lyie Oman as Building Inspector with a starting salary of $7 . 00 per hou: effective April 23 , 1984 , $7. 25 after a 3-month review, and $7 . 50J per hour after a 5-month review. Motion, Ayes (4) , Nays (0) . BROW*I & COCHRAN MAPLE PLAIN INTERCEPTOR* Mayor Butier moved , Councilmember Adams seconded , to approve City Administrator Benson' s letter to Mr . Brown and Mr . Cochran concerning the Maple Plain Interceptor . Motion, Ayes (4) , Nays (0) . F.W.B. I. - LETTER TO ROSSILLON* Mayor Butler moved , Councilmember Adams secorided , to approve City Administator Benson' s letter to Joseph Rossillon concerning the F.W.B. I . ` s housing project . Motion, Ayes (4) , Nays (0} . LETTER TO FENHOLT* Mayor Butler moved , Councilmember Adams seconded , to approveCity Administrator Benson' sletter to William Fer�holt (Orono School District #?_78) concerning the cable T.V. studio space . Motion, Ayes (4) , Nays (�J) . LICENSES* Mayor Butler moved , Councilmember Adams seconded , to approve a cigarette licer�se For Paul ' s Landing . Motion, Ayes (4) , Nays (�J) . REGULAR MEETING OF THE ORONO COUNCIL HELD MARCH 12, ].984. PAGE 10 BILLS* Mayor Butler moved , Councilmember Adams secpnded , that the All Funds Account and Liquor Store Accounts be paid . Motion, Ayes (4) , Nays (�) . ADJOURNMENT 9- 4A P.M. Mayor Butler moved , Councilmember Grabek seconded , to adjourn at 9 : 40 p.m. Motion, Ayes (4) , Nays (�D) . ATTEST: � ` (� ` '! ---- ���.����-�_._ ���_�:- ���'_���� �,�_._._._--- �rta M. Strom, City Clerk i�ary C. B ler , Mayor � .