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HomeMy WebLinkAbout02-11-1985 Council Minutes MINUTES OF THE ORONO COUNCIL MEETING HELD FEBRUARY 11, 1985. PAGE 1 ATTENDANCE 7 :03 PM The Orono Council met on the above date with the following members present : Mayor Butler, Councilmembers Grabek, Frahm, I�ynn �dams , and Tim Adams. City Attorney Radio was present. Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, Public Works Coordinator Gerhardson, and Recorder Sutton represented the City staff . City EngineerCook arrived at8 : 05p.m. Planning Commission Representative Rovegno was also present. CONSENT AGENDA* Councilmember Tim Adams asked that items 12 and 20 be removed from the Consent Agenda* for discussion. Councilmember Lynn Adams asked that item 10 also be removed for discussion. Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve the Consent Agenda* , subject to removing items 10 , 12 , and 20 from the Consent Agenda for discussion, with allstaff reportsconcerning these itemsto be attached to an original copy of these minutes on file in the City Clerk ' s office . Motion, Ayes ( 5 ) , Nays ( 0 ) . APPROVAL OF MINUTES* Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve the minutes of the regular meeting of the Orono Council meeting held January 28 , 1985 . Motion, Ayes (5 ) , Nays ( 0 ) . LAKE MINNETONKA CONSERVATION DISTRICT REPORT There was no Lake Ninnetonka Conservation District Report. PLANNING COMMISSION COMMENTS - Planning Commission Representative Rovegno was present substituting for Planning Commission Representative Goetten. PUBLIC COMMENTS There were r�o comments from the public present. #881 RRUTZIG CDSTOM HOMES 1629 BOHN' S POINT RD VARIANCE RESOLiJTION #1726* Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve Resolution #1726 , A Resolution Denying a Variance to permit additional hardcover. Motion, Ayes ( 5 ) , Nays ( 0 ) . MINUTES OF THE ORONO COUNCIL MEETING HELD FEBRUARY 11, 1985. PAGE 2 #886 RICflARD RAGATZ 1945 CONCORDIA STREET VARIANCE Richard Ragatz was present along with David Kirscht, designer of proposed deck. Assistant Zoning Administrator Gaffron explainedthat the Planning Commission approved this application subject to Council ' s findings in the Krutzig application . Gaffron stated that the hardcover problem is then solved if the deck is not considered hardcover, but the problem is that the deck extends into the 0-75 ' setback area and decks are considered structures . Richard Ragatz explained that the house was built in 1921 and therefore he didn ' t have much of a choice on where to place the deck. Ragatz noted that placing the deck on the side of the property is not very acceptable to his neighbors in that the deck would be located directly outside the r.eighbors bedroom window. David Kirscht showed the Council some slides of the property. Planning Commission Representative Rovegno noted that Ragatzdid remove some hardcoverwithin that lakeshore area . Rovegno noted that Planning Commission approved the Ragatz application contingent upon Council ' s positive findings on the Krutzig application. Rovegno stated that once the hardcoverissue was solved, then the Planning Commission had to deal with the question of whether the deck structure within the 0-75 ' setback zone is considered a non- encroachment as well . Councilmember Frahm stated that he was at the Planning Commission meeting where this application was reviewed. Frahm noted that the main problem with decks is they were always considered hardcover and therefore the City never got into review of decks because hardcover was not allowed . Frahm noted that this deck does not block the view of any neighbors which was his next concern. Councilmember T. Adams noted that whatever acti_on the Council ta)�es tonight will set a precedent . Adams stated the City should consider drafting new setbacks for lakeshore if certain decks are not considered hardcover. Councilmember L. Adams asked for the average setback of surrounding homes in the area. Adams stated that it looked as if the homes were less than 75 ' from the lake. Assistant Zoning Administrator Gaffron stated that an average setback study was not done but that it appeared there were homes both less than and more than 75 ' from the lakeshore in the area . MINUTES OF THE ORONO COUNCIL MEETING HELD FEBRUARY 11, 1985_ PAGE 3 City Attorney Radio stated that the City' s test for variances has tomeet several tests . Radio stated that the question of whether the property can be put to a reasonable use without the approval of the variance works against the applicant in this case, in that the property can be used without the deck. Radio noted that the question of the plight of the land owner due to circumstances unique to his property not created by land owner works in favor of the applicant because of the position of the house and the year the home was built. Radio explained that the question whether approval of this variance would alter the neighborhood works in favor of the applicant in that it will not block any neighbors view of the lakeshore. Radio noted that economic considerations do not constitute approval of the variance alone. Niayor Butler moved, Councilmember L. Adams seconded , to approve the variance request of Richard Ragatz and directed staff to draft a resolution of approval noting the following findings : l. No view problem would be encountered. 2 . The proposed deck only extends lakeward as far as the extension of the west line of the house to the south. 3. The location of an existing Box Elder tree and the house to the south are factors which limit the acceptable locations for the proposed deck. 4. The location of applicants existing house poses a problem in locating a suitable deck. 5 . Applicant has stated that he has removed 150-200 sf of existing hardcover walkways in the 0-75 ' setback zone . 6 . The front line of the deck does not and may not extend beyond the front line of the home to the south. 7 . Sand is to be placed under the surface of the deck as was done in the Krutzig application to prevent encroachment of hardcover into the 0-75 ' setback zone. 8 . The deck is low to the ground and will not be noticeable from the lake. 9 . A deck on either side of the house does not appear to be practical because of limited space. 10 . The steep grade of lake starting at about a 30 ' setback and the average setback of the houses in the area which appears to be 50-60 ' rather than the required 75 ' suggests that the natural non-encroachment area is less than 75 ' . MIN�TES OF T;:E ORONO COUNCIL MEETING HELD FEBRUARY 11, 1985. PAGE 4 11 . The 15 ' elevation would give a true distance of 75 ' from the lake at about a 70 ' horizontal distance . 1.2 . The variance will not modify the character of the neighborhood. Additional findings should include the Krutzig findings in Resolution #1726 . Before the motion was voted upon, discussion continued . Councilmember Grabek noted that he did not vote for the Krutzig application because he was building a new home on lakeshore property and knew the zoning codes prior to building the home. Grabek stated that the past phi]_osophy of the Council has been for the benefit of the lake and the City has been strict on any building within the 0-75 ' lakeshore setback area . Grabek stated that if the Council passes this motion, that the philosophy of the City is changing for certain reasons such as the home being built prior to th� current owner and the general lay of the land because other homes extend beyond this home. Grabek stated that there are plenty of homes in Orono that may have the same hardships as Ragatz . Grabek noted that the general philosophy of the City seems to be changing. Grabek stated that he would have to vote against this motion in order to be consistent with past City decisions. Grabek noted that the Council should be willing to allow everyone else to build within the 75 ' if they approve Ragatz ' s application. Councilmember T. Adams felt the same as Councilmember Grabek. Adams noted that this is a 20 percent lakeshore setback variance. Councilmember L. Adams stated that he agrees with the 0-75 ' setback rule with the lake, but that there are many lots around the lake which have special circumstances that warrantavariance . Adamsfeltthat theKrutzig application was one and that the Ragatz application is another one. Adams noted that he did not feel that this would be a philosophical change to approve this variance. Councilmember Frahm asked that the deck be moved just so it extends along the side of the home and out of the 75 ' setback zone. Richard Ragatz stated that a mature tree would have to be removed if the deck was to be placed on the side of the property. Ragatz noted also that the neighbors do not wish to have the deck outside their window and that he is trying to preserve the privacy of both homeowners. David Kirscht stated that approving this variance would nbt be precedent setting in that each variance is unique to each individual property and should be reviewed that way. MINUTES OF THE ORONO COUNCIL MEETING HELD FEBROARY 11, 1985. PAGE 5 Counc� lmember Frahm and T. Adams asked that a compromise be reached maybe by extending only 10 percent into the 0-75 ' zone and placing decking on the side. They felt that the 20 percent variance was too much to allow and that a 10 percent variance would be better . David Kirscht stated that from a design and function standpoint it would not be feasible. D4ayor Butler withdrew the motion. Councilmember L. Adams stated that he would amend his second if the motion was made for a 10 percent variance rather than 20 percent. Councilmember Grabek explained that if the City was going to give the applicant a 10 percent variance , they may as well give him the 20 percent variance. Grabeic stated that by giving the applicant only 10 percent it doesn ' t make the deck very desireable or useable ; therefore, the City should be strict and consistent and not allow any structure within the 0-75 ' zone. Grabek noted if the City' s philosophy is going to change and allow structures within that 0-75 ' zone, what isthedifference between 10-20 ' . Grabek noted the City may as well let the applicant have the 20 percent if they are going to char.ge their philosophy. Grabek asked the Council why penalize the applicant 10 ' just so the Council feels safer that they are staying within the 75 ' setback. Richard Ragatz agreed with Councilmember Grabek in that if the City only approved a 10 percent variance the deck would not be as functional. Mayor Butler suggested that Council pick a number to give the applicant guidelines on redesigning his deck. Councilmember Grabek stated that puts the Council in an awkward position in that i_t makes someone pull out of the air a number that they feel appropriate without any basic sound engineering judgment or any science of decking, or movement of people, and opening of windows or doors . Councilmember Grabek moved, Mayor Butler seconded, to approvethe setback variancefor Richard Ragatz to construct the proposed deck and direct staff to draft a resolution of approval incorporating all of the findings and conditions made in Mayor Butler ' s previous motion. Motion, Ayes ( 4 ) , Nays (1 ) . Councilmember Tim Adams voted nay. Councilmember L. Adams asked why Councilmember Grabek changed his opinion. �INUTES OF THE ORONO COUNCIL MEETING HELD FEBRUARY 11, 1985_ PAGE 6 Councilmember Grabek felt that t.he gener_al concensus of the Council is that they would like to give a variance to this applicant because of the hardships, and before the Council gets to the point of creating an additional hardship on this individual by giving him maybe 2-3 ' , which is the same as giving20-25 ' , hefeltit should be approved. Grabek stated that the Council should not pull figures/numbers out of the air with no specific reason or engineering ratianale. Grabek felt that before the Council gets to the point where they would create additional hardship for the applicant by not making the deck desireable or useable after redesigning the deck, he felt it should be approved . Grabek felt that the Council ' s general trend is that the Council is going to allow some type of variance, and if they allow some type of variance to the 75 ' setback zone regulation, then the Council should give the applicant the 20 ' . David Kirscht asked that the 1/2" strip condition be removed in that it would create a "trip strip" because the decking does not have railings , and people would trip over this 1/2" strip. Council agreed that the "trip strip" condition could be removed as long as the applicant places this strip along any portion of the deck that does have railings . �887 FREDERICK WINSTON 765 SPRING HILL RD VARIANCE RESOLUTION �1727* Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve Resolution #1727 , A Resolution approving A Variance for Frederick Winston to permit construction of a storage building. Motion, Ayes ( 5 ) , Nays (0 ) . #890 CLIFF OTTEN 875 WAYZATA BLVD CONCEPTiJAL REVIEW Clifford Otten was present . Otten informed Council that he was just polling them on whether the City would like this type of use in Orono and what locations they would prefer. Otten stated that this p�-oposed site at 875 Wayzata Blvd would make it possible for him to combine his Long Lake and Wayzata businessesinto one building. Otten stated that he doesn' t know if this location will work or not so he may go back to his other possible locations . Councilmember T. Adams stated that this was a perfect use in thatitsnon-sewered commercial. Adamsstated thatit still gives the surroundings a rural touch. Adams stated that nurseries are ideal in this type of non-sewered commercial zoning district. Adams stated that performance standards should be developed for this possible type of non-sewered commercial zoning. [INUTES OF THE ORONO COONCIL MEETING HELD FEBRUARY 11, 1985. PAGE 7 Mayor Butler stated that the site on Old Crystal Bay Road and Highway 12 would have a better access to the property than the property at 875 Wayzata Blvd. Zoning Administrator Mabusth informed the Council that the City should consider the MWCC interceptor that will run along Highway 12 , and the developers that will be approaching the City for commercial uses, and should develop and prepare for this in the future. Mabusth asked Council if a professional planner could be hired for consultation with staff to help develop these performance standards for this type of zoning. Mabusth stated that John Shardlow would be the ideal planner to hire in that he worked on the interceptor issue and is also famili.ar with the City ' s policies . Councilmember L. Adams moved, Councilmember T. Adams seconded, to explore the employment and invite John Shardlow to the Council to discuss a contract to act as a consultant with the City staff for this specific project concerning the non-sewered commercial area and rezoning of Highway 12 . Notion, Ayes ( 5 ) , Nays ( 0 ) . Councilmember L. Adams asked that the City not put Cliff Otten on hold until after the study is concluded and that the City approve a request for a rezoning. 9 :15 PM APPEARANCE MAYOR ART RUNZE CITY OF LONG LARE CONCEPTUAL REVIEW OF RESIDENTIAL DEVELOPMENT OF LONG LARE SEWER PLANT PROPERTY Long Lake ' s Mayor Art Kunze was present along with attorney, Arlo Vande Vegte. Kunze noted that he does not have the soil boring tests yet. Kunze stated that the City of Long Lake plans to furnish sewer and water to this site . Kunze noted that this property is useless to the City of Orono in that Orono is not receiving taxes off this property. Zoning AdministratorMabusth stated that the property has 25 acres with only 13 dry buildable acres . Mabusth noted that at a maximum Long Lake would only get 12 to 13 units if developed on rural standards . Mabusth stated that the DNR has new setbacks for structures from Long Lake creek that the City will have to abide by. Mabusth stated that soil borings are being done within the area of the pond to see if this property is buildable. Councilmember T. Adams stated that even if Long Lake provides sewer and water, it is more of a density question. Adams stated that it causes more problems for Lake Minnetonka to allow that many houses on only 25 acres . Adams explained to Kunze that Orono' s philosophy is different from Long Lake ' s . Adams suggested that Long Lake take a look at some of the recent PRD' s that have been done in Orono. Adams stated that he would like to see the two acre density done in the most economical way with or without sewer. iINUTES OF THE ORONO COUNCIL MEETZNG HELD FEBRUARY 11, 1985. PAGE 8 Councilmember L. Adams asked Kunze if he felt that developing the land to Orono ' s current zoning code would be unpracticle. Kunze felt that it would be unpracticle and Long I,ake might not even develop the land if requested to develop without sewer and water . N,ayor Butler noted that this property is in a two acre zoning district. Butler also noted that there is wetlands on the property. Councilmember Frahm noted that this development would set a precedent if Long Lake was allowed to develop without regard to Orono' s zoning code. Frahm stated that Orono would have to change their Comprehensive Plan in order to approve this development. Arlo Vande Vegte, attorney, stated that this development would not set a precedent because of the uniaue circumstances . Vande Vegte stated that the land is owned by another municipality and is adjacent to such municipality. Councilmember L. Adams stated that the sewer pond is an eyesore. Adams stated that he would like to see more than 12 units nicely laid out on the land. Adams asked why the City doesn 't consider transferring the property over to the City of Long Lake. Mayor Butler explained that the annexation of the sewer pond property over to Long Lake was discussed before and the Council at that time was not in favor of the annexation. Butler noted to Kunze that clustering of the homes in a PRD type development would save Long Lake money in running the sewer and water lines to the properties . Councilmember Grabek moved , Councilmember L. Adams seconded, to direct staff to work with the City of Long Lake to work out a reasonable and feasible plan that meets Orono ' s zoning codes , and further directs staff to consider the PRD type development. Motion, Ayes (5 ) , Nays ( 0 ) . Councilmember Grabek asked Kunze if Long Lake would be interested in selling the property to Orono. Grabek asked that Kunze come back with a price next time he meets with the Orono Council if he is interested in selling the property. Councilmember L. Adams stated that he is interested in Long Lake' s developing the property to Orono' s standards ( 12 houses with no sewers ) and then deeding the property to Long Lake because it is adjacent to Long Lake. Adams stated that if it became a part of Long Lake and they put restrictions in the title of the two acre lots , that they could not be subdivided, it would be a buffer zone. MINUTES OF THE ORONO COUNCIL MEETING HELD FEBRUARY 11 , 1985. PAGE 9 CRYSTAL BAY SEWER PROJECT REPORT City Engineer Cook reviewed with the Council the plans and specs of the Crystal Bay Sewer Project. Cook noted that the assessment hearing would be held April 22 , 1985 . Mayor Butler asked staff to reserve the Art Center ' s Auditorium for the assessment hearing on April 22 , 1985 and the regular Council meeting will be held that night also. Butler suggested a bulk mailing to the general public so that they know what portion of the sewer project they will have to pay also. Mayor Butler moved, Councilmember. Grabek seconded , to approve the plans and specs and direct staff to advertise for bids. Motion, Ayes ( 5 ) , Nays ( 0 ) . City Engineer Cook stated that he needs Council permission to begin the easement acquisition procedure. Councilmember Frahm stated that the City should not go to such expense until they are sure whether the sewer project will go through or not. Councilmember L. Adams moved, Councilmember Grabek seconded, to direct staff to begin the easement acquisition procedure. Motion, Ayes ( 4 ) , Nays (1 ) . Councilmember Frahm voted nay. City Engineer Cook noted the additional costs in regard to the cost of installing City water at the same time the sewer is installed. Cook stated that there are two options for providing water service to the area. Cook noted the estimated cost for the lateral system is $297 , 060 resulting in a unit cost of $3 , 580 for 83 units . Cook noted the estimated cost for the well and pressure system is $289 , 800 and the estimated cost for the trunk water line from Long Lake is $514 , 380 . Councilmember L. Adamsmoved, Councilmember Frahm seconded, to cease further discussion or investigation into the idea of installing water at the same time in the Crystal Bay area. Motion, Ayes (5 ) , Nays ( 0 ) . MAYOR'S REPORT Mayor Butler told the Council of phone calls that she has been receiving from a Mound resident (Ron Johnson ) who is asking that the Orono Council draft a letter to the City Council of Mound opposing the development at Pelican Point in Mound. Butler explained that this development is proposing massive dockage. MINUTES OF THE ORONO COUNCIL MEETING HELD FEBRUARY 11, 1985. PAGE 10 The Council concensus was that Orono should not write a letter. Council suggested that staff contact Jo Ellen Hurr (LMCD representative ) and see if she can enlighten Mound on Orono' s philosophy. Council also asked for an update from Hurrregarding Chaska Marine ' s license application with the Lake Minnetonka Conservation District. CABLE TV REPORT T�ayor Butler announced an executive board meeting regarding Cable TV to be held February 12 , 1985 at 7 : 00 p.m. SEASONAL WEIGHT RESTRICTIONS RESOLUTION #1728 Councilmember L. Adams asked staff toreword some of the memo to read "signs of any breakup" rather than "severe breakup" . Councilmember L. Adamsmoved, CouncilmemberFrahm seconded , to approve Resolution #1728 , A Resolution designating weight restrictions for most of Orono' s road, subject to the amendment in memo noted above. Motion, Ayes ( 5 ) , Nays ( 0 ) . CASH & INVESTMENTS AS OF DEC. 84* Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve Finance Director Kuehn ' s memo dated February 4 , 1985 , concerning the cash and investments as of December 31 , 1984 . Motion, Ayes (5 ) , Nays ( 0 ) . POLICE CONTRACT Councilmember T. Adams asked for clarification on parts of the police contract. Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve the police contract for 1985 . riotion, Ayes (5 ) , Nays ( 0 ) . EMPLOYMENT POLICE OFFICER ENGLISH* Councilmember T. Adams moved , Councilmember L. Adams seconded, to approve the employment of Irving Hubbard English, III effective February 11 , 1985 , with a starting salary of $1 , 576 per month. Motion, Ayes ( 5 ) , Nays ( 0 ) . SQUAD CAR REPLACEMENT* Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve the squad car purchase to replace squad car #142 which was totalled in an accident. Motion, Ayes (5 ) , Nays (0 ) . EQOIPMENT SPECIFICATIONS SINGLE AXLE DUMP TRUCR* Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve the specifications of a new single axle dumptruck and hydraulic sander and to authorize advertising for bids with the bid opening to be held March 15 , 1985 . Motion, Ayes (5 ) , Nays ( 0 ) . MINUTES OF THE ORONO COUNCIL MEETING HELD FEBRUARY 11, 1985. PAGE 11 LEGAL NEWSPAPER PUBLICATIONS* Councilmember T. Adams moved, Councilmember L. Adams seconded , to appoint the Laker as the official newspaper which would service all of Orono and dropping the MN Suburban News (Sun) . Motion, Ayes ( 5 ) , Nays ( 0 ) . REFUND OF SAC CHARGE TO HOMMEYER* Councilmember T. Adams moved, Councilmember L. Adams seconcied to approve the refund of $425 (SAC charge ) to Charles Hommeyer at 4125 Oak Street finding that two SAC charges w�ere charged to this property. Motion, Ayes ( 5 ) , Nays (0 ) . SUMMIIRIES OF RECEIPTS, DISBURSEMENTS & BALANCES* Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve the Summaries of Receipts , Disbursements , and Balances prepared by Finance Director Kuehn. Motion, Ayes ( 5 ) , Nays ( 0 ) . WINE-IN GROCERY STORES--RESOLUTION Councilmember T. Adams asked that this item be removed from the Consent Agenda. Adams asked why the City should be opposed to the sa le of wine in grocery stores . Adams stated that if the public wants to buy their wine from grocery stores then they should be allowed to. Mayor Butler stated that the City has its own liquor store and the sale of wine in grocery stores would have a drastic effect on the profits from the municipal liquor store. Councilmember L. Adams explained that it might have something to do with the control of sale of wine to minors in that the liquor stores might have more control. Councilmember Grabek moved, Councilmember T. Adams seconded, to table this Resolution for futher information from City staff . Motion, Ayes ( 5 ) , Nays ( 0 ) . CITY ATTORNEY'S REPORT WELSfl MATTER BENSON EMPLOYMENT CONTRACT City Attorney Radio noted his memo regarding the Welsh matter wasfor information only. Radio requested approval of the Walter R. Benson contract with the City. Mayor Butler moved, Councilmember T. Adams seconded, to approve the employment contract with Walter R. Benson. Motion, Ayes ( 5 ) , Nays ( 0 ) . . �� MINUTES OF THE ORONO COUNCIL MEETING HELD FEBRUARY 11, 1985. PAGE 12 LICENSES* Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve the following licenses : Lakeview Golf--Cigarette license Crystal Bay Service--Cigarette license Maxwell Alvord--Kennel license Robert Waag--Kennel license John Traul--Kennel license Frank Kokesh--Kennel license Motion, Ayes ( 5 ) , Nays ( 0 ) . BILLS* Councilmember T. Adams moved , Councilmember L. Adams seconded, that the All Funds Accounts and Liquor Store Accounts be paid . Motion, Ayes ( 5 ) , Nays ( 0 ) . ADJOURNMENT 10 :23 PM Mayor Butlermoved, Councilmember Frahmseconded, to adjourn the regular Council meeting at 10 : 23 p.m. Nlotion, Ayes ( 5 ) , Nays ( 0 ) . ATT�ST: `// / . , ___���=! �� ,��Ci<<'L rothy . Hallin, City Clerk Nary C. Butler, Mayor Thomas Frahm, Acting Mayor