HomeMy WebLinkAbout04-08-1985 Council Minutes , M:�NUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 8, 1985. PAGE 1
. �
1 .
ATTENDANCE 7 :00 PM The Orono Council met on the above date with the following
members present: Mayor Butler, Councilmembers Grabek,
Frahm, Tim Adams, and Lynn Adams . Thefollowing represented
the City staff : Police Chief Kilbo, Public Works
Coordinator Gerhardson, Building & Zoning Administrator
Mabusth, Assistant Zoning Administrator Gaffron, Building
Inspector Jacobs, City Attorney Radio, and Recorder Sutton.
CONSENTAGENDA* Councilmember L. Adams asked that item #11 be removed from the
Consent Agenda for discussion. Mayor Butler removed item
#12 from the Consent Agenda.
Mayor Butler moved, Councilmember L. Adams second�d, to
approve the Consent Agenda* , subject to items 11 and 12 being
removed from the Consent Agenda for discussion, with all
staff reports concerning these items to 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*
Mayor Butler moved, Councilmember L. Adams seconded, to
approve the minutes of the regular Council meeting held March
25 , 1985 . Motion, Ayes E5 ) , Nays (0 ) .
PARR COMMISSION COMMENTS
NOERENBERG MEMORIAL PARR
DRAFT REPORT Barb Peterson was present from the Park Commission.
Peterson reviewed with the Council the draft report
submittedfor the Noerenberg MemorialPark. Peterson noted
that this is not the final report.
Planning Commission Chairman Callahan asked if Hennepin
County would be required to go through the City' s process of
seeking conditional use permits .
Mayor Butler stated that the application will be sent to
Planning Commission first and then on to Council for their
review.
LARE MINNETONRA CONSERVATION
DISTRICT REPORT Jo Ellen Hurr was not present and there was no Lake Minnetonka
Conservation District Report.
PLANNING COMMISSION
COMMENTS Planning Commission Representative Taylor had no comments.
PUBLIC COMMENTS Jim Dunn, Chaska Marina, was present. Dunnfelt the need to
discuss with the Council the lack of communication that has
occurred between the Lake Minnetonka Conservation District
(LMCD) and Chaska Marina. Dunn stated that Chaska has tried
often to discuss options with the LMCD but that the director,
Frank Mixa, is not open to suggestions. Dunn submitted to
the Council a copy of the 1981 survey of docks and the 1985
survey of docks (such surveys to be kept on file in the Chaska
Marina file) .
MI;�U�ES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 8 , 1985 . P�G� 2
� 'PUBLIC COMMENTS Dunn noted that the 1985 plan is much better for the neighbors
(cont. ) and the neighbors prefer the 1985 plan . Dunn noted that the
LMCD director, Frank Mixa , insists that the 1981 dock plan is
, better.
Councilmember Frahm moved, Mayor Butler seconded, to direct
staff to contact Jo Ellen Hurr and have her set up an
appointment to meet with Chaska Marina operators and Frank
Mixa and LeFevre and try to establish communication between
LMCD and Chaska Narina. Motion, Ayes ( 5 ) , Nays ( 0 ) .
#860 FUNR/ROGOSHESRE
540 OLD CRYSTAL BAY ROAD
FINAL SUBDIVISION
RESOLUTION #1743 George Funk and Judy Rogosheske were present . Zoning
Administrator Mabusth noted that Rogosheske has submitted a
letter in regard to their intent to join the Homeowner ' s
Association that is involved in the upkeep of the private
road White Oak Circle . Mabusth stated that the legal
descriptions cannot be created until Council gives final
approval, therefore they cannot join the Homeowner ' s
Association until the legal descriptions are submitted.
Mabusth stated that this letter confirms the homeowners of
White Oak Circle and applicants have resolved their problem
with the covenants of the homeowner ' s association.
Councilmember Frahm moved, Councilmember T. Adams moved, to
approve Resolution #1743 , A resolution approving the plat of
White Oak Overlook. Motion, Ayes (5 ) , Nays ( 0 ) .
#876 RANDY ASPLUND
3424-3444 EASTLARE STREET
VARIANCE Randy Asplund was present. Asplund presented pictures to
the Council showing what type of fence he is proposing.
Mayor Butler explained that the ordinance only allows a 6 '
fence along major thoroughfares and that Eastlake Street is
not a major thoroughfare. Butler stated that she could not
find any hardships to grant the variance.
Randy Asplund stated that his only hardship is for privacy.
Asplund noted that the homes that were built are between
$250-300, 0000 homes and would like to seclude them from view.
Asplund noted that all the neighbors were in favor and no view
will be blocked.
Assistant Zoning Administra�or Gaffron noted that the
neighbors that did attend the meeting were from Bayside Road,
not Eastlake Street.
Councilmember L. Adams noted that he cannot find sufficient
hardships to grant the variance f or the f ence. Adams f e lt
that to request a variance to seclude the home with a fence
from the surrounding homes because it does not fit in the
neighboring homes is not justification for approval of the
variance.
MINUTES OF THE REGULIIR ORONO COUNCIL MEETING HELD APRIL 8 , 1985 . PAG� 3
#876 ASPLUND Councilmember Frahm stated that he too has not seen a
(cont. ) hardship demonstrated by the applicant.
Councilmember L. Adams moved, Councilmember Grabek
seconded, to deny the variance finding that no hardships have
been demonstrated by the applicant, and further directed
staff to draft a resolution of denial with the appropriate
findings . Motion, Ayes ( 5 ) , Nays ( 0 ) .
� Mayor Butler addressed the second half of the application
which involves an after-the-fact variance. Butler noted
that patios were placed within the 75 ' lakeshore setback zone
without permits or approval from the City.
Randy Asplund stated that he was not aware of the hardcover
regulations. Asplund stated that he doesn ' t want to remove
the patios that cost approximately $4 , 500 .
Councilmember Frahm moved, Councilmember L. Adams seconded,
to deny the after-the-fact variance for the patios , with such
patios to be removed in 30 days , and further directed staff to
draft the appropriate denial resolution based on the lack of
hardship from the applicant. Motion, Ayes ( 5 ) , Nays ( 0 ) .
�894 T.M. CROSBY
745 SPRING HILL ROAD
FINAI, SUBDIVISION
RESOLUTION #1744 T.M. Crosby wasnot present. AssistantZoning Administrator
Gaffron explained the proposalof the applicant to rearrange
the lot lines which will result in the separation of the
existing "main" house from the "caretaker" house. Gaffron
noted that the "main" house will have approximately 24 acres
and the "caretaker" house approximately 26 acres .
Councilmember T. Adams moved, Councilmember Frahm seconded,
to approve Resolution #1744 , A Resolution approving a metes
and bounds Class I subdivision for Thomas Crosby. Motion,
Ayes (5 ) , Nays ( 0 ) .
#896 JAMES ANDERSON
2300 FOX STREET
PRELIMINARY SUBDIVISION
James Anderson was present. Assistant Zoning Adminis-
trator Gaffron reviewed with the Council the applicant ' s
proposal. Gaffron noted the applicant is requesting a two
lot subdivision of a vacant parcel north of Fox Street.
Gaffron stated that the applicant' s intent is to provide a
shared driveway.
James Anderson confirmed that his intent is to provide a
shared driveway.
MIN•UTES OF THE REGULI�R ORONO COUNCIL MEETING HELD APRIL 8 , 1985_ PAGE 4
#896 ANDERSpN riayor Butler moved , Councilmember L. Adams seconded , to
(cont. ) grant preliminary subdivision approval finding that single
family residences can be constructed on each lot meeting all
the setback requirements of the RR-1B zoning district
subject to the following conditions : '
l . Drainage and utility easements.
2. $200 park fee for each new lot ( less $250 credit from
previous subdivision ) .
3. Access location to be 50 ' east of center dividing line as
per Public Works Coordinator Gerhardson ' s suggestions .
4 . Shared driveway.
Motion, Ayes ( 5 ) , Nays ( 0 ) .
#898 LEROY ROEHNEN
3360 SHORELINE DRIVE
VARIANCE
COMMERCIAI, SITE PLAN REVIEW
RESOLUTION #1745 Leroy Koehnen was present. Bu;.lding & Zoning Administrator
Nabusth stated that the applicant seeks a setback variance to
locate a canopy. Mabusth explained that to move the canopy
to meet the required setback would create a traffic hazard.
Mabusth noted that the applicant also wishes to install a car
wash.
Councilmember T. Adams asked if there would be extra signage
as a result of the car wash use.
Leroy Koehnen stated that additional signage would not be
needed except directional signs to keep the traffic flowing
in the right direction.
Zoning Administrator Mabusth stated that the SAC charge for
the car wash service will be $10 , 620 and must be paid with the
building permit. Mabusth stated that a regular inspection
programfor underground gasoline tanksshould be established
by the City by a.mending the municipal fire codes to require
such inspections. Mabusth advised that the State was
considering an amendment that would require five year
inspections , but one cannot be certain this would pass.
Mabusth stated that marinas should also have their
underground tanks inspected.
Council agreed that some sort of inspection program should be
established to require regular inspections of underground
gas and fuel tanks .
Mayor Butler moved, Councilmember Grabek seconded, to
approve Resolution #1745, A Resolution Granting a Variance
to permit the construction of a canopy structure over an
existing gasoline pump island that will be located 26 ' from
the right of way and to approve the commercial site plan
submitted by Koehnen for installation of fuel tank subject to
the following:
MINUTES OF TI3E REGUL�IR ORONO COUNCIL MEETING HELD APRIL 8 , 1985 . P�GE 5
#898 KOEHNEN l. City must approve setback variancefor canopy structure
(cont. ) finding its placement not detrimental to the public
safety.
2. New tanks installed per standards by Municipal State
Fire Code.
3. Payment of $10 , 620 for total SAC and sewer unit payments
. with permit for installation of car wash.
4. Traffic flow signage provided on site upon completion of
car wash.
5. Fieid tanks and lines must be inspected per approved City
wide inspection schedule.
Motion, Ayes ( 5 ) , Nays ( 0 ) .
#900 JAMES OGLAND
BIG ISLAND RECORD LOT �38
VARIANCE
RESOLUTION James Ogland was present. Assistant Zoning Administrator
Gaffron noted that this is an after-the-fact variance for a
deck and storage shed that were placed within the 0-75 '
lakeshore setback zone. Gaffron noted that the applicant
did complete his automatic variance forms and returned them
to the City for processing. Gaffron explained that the
apF�lication was held up because of the violation.
Mayor Butler moved, Councilmember T. Adams seconded, to
approve the after-the-fact variance based on the following
findings:
1. Steep slopes and the uneven, sometimes slippery
shoreline terrace make access to the property difficult
if not hazardous.
2. The lake access is the only viable access to the
property, and in this case the decking appears
reasonable to provide a safe access .
3. The 7 ' x 8 ' storage building acts as a lock box for storage
of boating incidentals (paddles, lifejackets , etc)
which reasonably should not have to be carried up the
hill after each use.
Before the motion was voted upon, Council continued
discussion.
Councilmember Frahm felt that the deck was acceptable but
that the storage shed should not be allowed just to serve as a.
convenience so the applicant doesn' t have to carry
incidentals. Frahm noted that everyone else on Big Island
or the lakeshore areas in Orono will want to have a shed like
this one. Frahm felt that this would be precedent setting to
allow the shed to remain within the 0-75 ' setback.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 8, 1985. PAGE 6
#900 JAMES OGLAND
(cont. ) Mayor Butler asked Ogland if there were footings for the
shed.
James Ogland stated that the shed does not have footings but
merely sits on the ground. Ogland noted that Big Island is
for recreational use and that the topography of his land
makes it very difficult to carry items up and down the hill.
Councilmember L. Adams agreed with Councilmember Frahm
regarding the shed. Adamsfelt that the storage shed should
only be allowed to remain until the seasonal prAncipal
dwelling is built and then it should be removed .
Councilmember Grabek stated that convenience should not be
recognized by the City as a hardship. Grabek felt that the
City would be opening the doors for everyone in Orono if they
were to grant a variance for convenience only. Grabek felt
the deck was acceptable because of the steep shore and that
the deck should not create any ecological problem. Grabek
agreed that the shed should remain until the principal
dwelling is constructed and the� it should be moved out of the
0-75 ' setback zone.
Mayor Butler moved, Councilmember Grabek seconded, to
approve the after-the-fact variance for James Ogland based
on the following findings :
1. Steep slopes and the uneven, sometimes slippery
shoreline terrace make access to the property difficult
if not hazardous.
2. The lake access is the only viable access to the
property, and in this case the decking appears
reasonable to provide a safe access .
Such approval is subject to the following conditions :
l. Shed to be removed after the certificate of occupancy for
the principal residence has been issued and is to be
moved outside the 0-75 ' setback area.
Motion, Ayes ( 4 ) , Nays (1 ) . Councilmember Frahm voted nay.
Mayor Butler addressed the issue of the automatic lot area
variance.
Mayor Butler moved, Councilmember Frahm seconded, to
conceptually approve the automatic lot area variance and
directed staff to revise the resolution and resubmit it to
Council for action. Motion, Ayes (5 ) , Nays ( 0 ) .
MI�UTES OF THE REGULl�R ORONO COUNCIL MEETING HELD APRIL 8, 1985. PAGE 7
#901 RARL JOHNSON '
3393 CRYSTAL BAY ROAD
VARIANCE Mr. and Mrs . Karl Johnson were present. Thefollowing were
also present � for this issue:
Bonnie Russell of 2275 Crystal Bay Road
Jay & Beverly Keiser of 3375 Crystal Bay Road
Aline Ogland of 3345 Crystal Bay Road
Jack Kust of 3355 Crystal Bay Road
� Greg Long of 3359 Crystal Bay Road �
Dick & Donna Carl of 3385 Crystal Bay Road
Richard Siakel of 3325 Crystal Bay Road
Dixie Lee Weeks of 3329 Crystal Bay Road
Dick Cherba of 1340 Vine Place
James Grady of 4937 Brunswick--Mound (former owner of Dick
Carl ' s home)
V. Olmstead of 4363 Wilshire Blvd--Mound
Mayor Butler read the petition dated January 5 , 1985,
submitted at the Planning Commission asking for support and
enforcement of ordinances dealing with hardcover and
storage. Butler read a letter submitted by Mr. and Mrs. Rex
Ressler relating to the signea petition withdrawing their
names from the petition (attached to these minutes as Exhibit
A) .
Zoning Administrator Mabusth reviewed with the Council a
skPtch plan completed by staf f showing the parking area and
thE retaining wall. Mabusth stated that the boat stored on
the property is approximately 25 feet in length and is
located less than 10 ' from the property line. Mabusth
explained that the ordinances require if a boat is less than
20 ' , the owner has the right to store the boat in the rear yard
10 ' from the propertyline. Mabusth reviewed the discussion
held at the Planning Commission meeting regarding the
storage of boats. Mabusth explained that if a boat is over
20 ' in length and is properly screened from neighbor ' s view
and meets setbacks for accessory structures , that the
Council felt that this was meeting the intent of the
ordinance. Mabusth stated that the problem here is the boat
stored on the property is 25 ' in length stored less than 10 '
from the property line and clearly in view of the abutting
neighbor. Mabusth stated that she and Building Inspector
Jacobs measured from the shoreline to the retaining wall, and
found the retaining wall was not located in the 0-75 ' setback
area but the side extension of the wall was in the 0-75 '
setback area. Mabusth stated that Johnson was advised by
staff to erect a retaining wall to prevent the erosion that
was taking place on the property in 1982 .
Karl Johnson stated that the bank was never landscaped
properly and he has always had erosion problems.
MINUTES OF THE REGULl1R ORONO COUNCIL MEETING HELD APRZL 8 , 1985_ PAG� 8
#901 JOHNSON Zoning Administrator Mabusth stated that another question
(cont. ) arose during the Planning Commission ' s review as to whether
there was an old driveway to the house to the (west ) was gravel
bed. �
Jerry Wheeler of 3399 Crystal Bay Road explained that this
was clay soil except under Johnson' s boat. Wheeler stated
that he measured the area yesterday after the snow and ice
went out and the entire retaining wall is within the 0-75 '
� setback area.
Councilmember L. Adams asked the staff to review the
instructions given by staff to build the retaining wall .
Zoning Administrator Mabusth explained that in 1982 staff
found filling taking place along the lakeshore of Mr .
Johnson' sproperty. Mabusthstated thatstaff placed astop
work order and then discovered where the fill was coming from
which was from the lakeshore bank to the west side. Mabusth
noted that Johnson was told to place hay bales along the
shoreline and rip rapping.
Karl Johnson stated that he came home one day and the City had
done the rip rapping.
Zoning Administrator Mabusth noted that at that time staff
advised Johnson that he should erect a retaining wall to
prFvent further erosion. Mabusth asked Johnson if staff
cor.:mented on the graveled area.
Karl Johnson stated that the area was gravel and that it was
gravelbefore he purchased hishome. Johnson stated that he
squared up the area where the parking spot already was .
Johnson introduced James Grady and presentecl a letter from
Mr. Grady explaining facts regarding the graveled areas .
Johnson explained that James Grady lived in Dick Carl ' s home
a.nd can testify to the fact that the gravel area was there
prior to purchasing the home.
Mayor Butler read James Grady' s letter (attached to these
minutes as Exhibit B) .
James Grady of 4937 Brunswick Road confirmed the fact that
the graveled parking area was there prior to Johnson moving
in.
Mayor Butler noted that the Council recently denied a
variance to park an oversized boat for Richard Eller and
asked him to move the boat by May l , 1985 . Butler asked what
Johnson plans to do with the boat next year.
MINUTES OF THE REGULI�R ORONO COUNCIL MEETING HELD APRIL 8 , 1985 . PAGE 9
#901 JOHNSON Karl Johnson explained that his wife and he have discussed
(cont. ) this to a great extent and have decided that they will move the
boat elsewhere next year. Johnson explained the reason that
they are going to do,this is because of the violent behavior of
Mr. Wheeler with attempts at intimidation, including
slanderous yard signs , inaccurate letters to local
newspapers, and harrassing mailand bodily injury threats to
himand his immediate neighbors, which resulted in the police
being called and which has dictated that he drop his boat
. parking variance. .
Mayor Butler asked if Johnson is formally withdrawing his
variance application and asking the Council to not take
action on the boat.
Karl Johnson explained that if they were to win this they
don't know what would happen and feared what would happen.
Johnson noted that they are trying to end this and quiet the
neighborhood down as this matter has gone too far. Johnson
confirmed that he is withdrawing his variance to park the
boat.
Mayor Butler stated that the boat should be moved by May 1 ,
1985.
Councilmember Frahm advised staff that staff should notify
the Council promptly if the boat is parked there next year.
Frahm had no problem with the retaining wall as it performs a
fur.ction of preventing further erosion.
Councilmember Grabek asked if the boat was not moved by May l ,
1985, what would happen if it was not moved.
Zoning Administrator Mabusth explained that staff would
issue a citation if the boat was not moved by May 1 . Mabusth
confirmed that staff would issue a citation also next year if
the boat is ever parked there again, and report to Council .
Councilmember T. Adams agreed with Frahm and felt the
retaining wall should be allowed to stay since it serves as an
important function in preventing erosion.
Zoning Administrator Mabusth noted the Planning
Commission ' s recommendation to remove all the gravel that
was placed within the 0-75 ' setback area and to place
suitable ground cover over that area. Mabusth stated that
since the property has an excess of 6 percent of hardcover in
the 75-250 ' setback area , Planning Commission asked that
that portion of the graveled area also be removed. Mabusth
noted that no base is under the graveled area under the boat.
Karl Johnson stated that the graveled area used to extend to
the stairs on Wheelers property.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 8 , 1985 . PAGE 10
#901 JOHNSON James .Grady of 4937 Brunswick Road (former owner of Dick
(cont. ) Carl' s home at 3385 Crystal Bay Road ) confirmed that the
gravel area did extend to the stairs .
Councilmember Grabek noted that the area is blacktop now and
the car parking is right on the lot line.
Jerry Wheeler of 3399 Crystal Bay Road submitted his own
scaled drawing of the graveled areas and his own ideas on
where Johnson should park.
Karl Johnson explained that where Wheeler wants the truck
parked is an impossible location in the winter time because
of the topography of the land.
Mayor Butler noted that the Planning Commission did not take
into consideration the topography of the land and the very
obvioushardship that runswith the land. Butler noted that
the City cannot mandate a location for the truck if it is not
safe.
Councilmember L. Adams felt that the Planning Commission ' s
point was that people should nct expand hardcover within 0-
75 ' of the lakeshore without going to the City first. Adams
felt that in light of the new evidence submitted by James
Grady confirming that there was a parking spot there before
Johnson moved in, that the City shouldn' t require all removal
of hardcover. Adams felt that the retaining wall serves a
pur�ose and should be allowed to remain. Adams felt that
ha�f of the hardcover should be removed and grass put in.
Mayor Butler felt that the area under the boat should be
grassed or landscaped.
Councilmember Frahm stated that the 10 ' side lot line setback
should be enforced. Frahm felt that a compromise could be
made and that he would be willing to allow 6 ' out of the 14 ' or
a 2 ' variance. Frahm noted that it would be 4 ' gravel and 10 '
green.
Councilmember T. Adams felt that the 10 ' side setback should
be respected. Adams felt that the 2 ' variance may not be
enough to safely park the truck. Adams stated that the upper
part of � the property should be non-hardcover.
Councilmember Grabek agreed that because of the slope the
City should compromise.
Councilmember L. Adams felt that a 4 ' strip of gravel would
not be enough to safely park the truck.
Karl Johnson stated that in the winter it will create an
unsafe problem.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 8, 1985. PAGE 11
#901 JOHNSON Councilmember L. Adams moved, Councilmember Grabek
(cont. ) seconded, to deny the after-the-fact hardcover variance
application by Karl Johnson at 3393 Crystal Bay Road based on
the following findings : ,
1. Evidence has been submitted by James Grady confirming
that a parking area did exist on the Johnson property
prior to Johnson ' s occupancy in the south, reasonably
northwest corner.
2 . The gravel as placed and used is considered as expanded
hardcover.
3 . Applicant placed hardcover within protecteu area
without required variances.
Recommendation for denial is subject to the following
conditions :
1 . The south one-half of all gravel hardcover within the 0-
75 ' area must be removed and placed with suitable ground
cover (grass, etc ) .
2. Eight foot wide gravel parking area be allowed adjacent
to the driveway with a 6 foot wide green area between the
driveway and the lot line.
3. Any green cover to be added must be approved by Orono
staff prior to ir�stallation.
To further recommend approval of the after-the-fact
hardcover variance of 6 square feet created by the extension
of the retaining wall within the 0-75 ' setback area based on
the following findings :
l. The major portion of the retaining wall is out of the 0-
75 ' setback area.
2 . The retaining wall serves to control erosion.
3. Applicantwasadvised toerect retaining wallto sustain
eroding bank in 1982 by Orono staff .
To further recommend that the boat be moved by May 1 , 1985 , and
if not moved the staf f is to issue a citation and legal action
commenced.
Before the vote was taken on the motion, discussion was
opened to the public that attended.
Dick Carl of 3385 Crystal Bay Road did note that the steep
slope in this area has put two cars in the lake and asked
Council to consider the topography of the land.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 8 , 1985. PAGE 12
. #901 ,70HNSON Jerry 6aheeler of 3399 Crystal Bay Road noted that he was going
(cont . ) ,to offer a compromise but the Council has decided what they
are going to do. Wheeler noted that two years ago, Mr.
Johnson came over to his home telling him that his wife was
,quite upset over the argument he and Johnson had had and that
he would compromise if he could pull his truck all the way
inside up to where the retaining wall was at and he would move
his boat. Wheeler stated that he agreed to that. Wheeler
stated that Johnson changed his mind a day later. Wheeler
stated that if Johnson wishes to pull his boat to the
retaining wall area and truck and keep it gravel right up to
� the lot line, but in some manner put�some sodding closer to the
street, he would agree to that.
Mayor Butler stated that in the motion it requires green area
underneath the boat along with a 6 ' wide area.
CouncilmemberGrabek asked Johnsonif it wasmore convenient
with Wheeler ' s suggestion.
Karl Johnson stated that he prefers the first proposal with
the motion Councilmember Adams made.
Motion, Ayes (5 ) , Nays ( 0 ) .
BOAT STORAGE ORDINANCE
DISCUSSION
The neighbors asked the Council to address the petitions that
were signed by many residents to change or amend or abolish
the boat storage ordinance.
Dick Carl of 3385 Crystal Bay Road asked about the status of
the petitions that were sent to the City regarding the
changing of the boat ordinance.
Mayor Butler stated that discussion has been held on the
amending of the boat storage ordinance. Butler felt that
the some of the Council felt that the ordinance should stay
the same.
Dick Carl of 3385 Crystal Bay Road explained that the problem
here tonight seems to indicate that there will be problems in
the future. Carl stated that if the City has an ordinance
where the majority of the people cannot comply with the
ordinance it seem unrealistic to keep that ordinance on the
books. Carl stated that half the people in Orono violate
this boat storage ordinance. Carl noted that the ordinance
also states "all mobile materials and equipment" . Carl
asked if this includes snowmobiles , cars, trucks , docks,
etc. Carl stated if you have a boat and park it in your yard,
chances are you are going to violate the letter of the
ordinance.
Mayor Butler noted that the ordinance states boats over
20 ' .
M�NUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 8, 1985. PAGE 13
. $OAT STORAGE ORDINANCE
DISCUSSION Dick Carl stated that it does not define boats over 20 ' but
says boats "less than 20 ' " . Carl stated that the Council
would be better served while they maintain a somewhat loose
ordinance, that the ordinance be better defined.
Rich Siakel of 3325 Crystal Bay Road noted that the ordinance
seems to be vague regarding storage of equipment. Siakel
asked if docks fall under this category, and if so, there will
be and are many violators of the ordinance. Siakel stated
. that equipment is not defined and draw the line. Siakel
stated that random enforcement becomes the problem.
Councilmember Grabek asked if they want to draw the line.
Grabek felt that if the City leaves the ordinance vague that
it leaves the Council the flexibility they need to resolve
issues such as this. Grabek noted that the City could
enforce every ordinance it has, but the property taxes would
rise about 100 percent because the City would have to hire
three times the staff they have now.
Mayor Butler agreed that by leaving the ordinance vague it
gives the City Council the flexibility for interpretation of
the ordinance and open to thF� feelings of the neighbors .
Greg Long of 3359 Crystal Bay Road explained that the
ordinance does not address the seasonal storage of
equipment. Long stated that half the things stored on
someone ' s property in the winter is not stored there in the
sun�mer because it is in the lake during the summer . Long
felt the ordinance should be amended to include seasonal
storage.
Councilmember L. Adams agreed that the ordinance should be
amended for clarity in certain areas . Adams felt that a
public hearing should be held for consideration of modifying
the boat storage ordinance. Adams noted that the boats seem
to get larger and increase in number every year.
Mayor Butler explained that the Council asked for Planning
Commission ' s interpretation of the ordinance. Butler
stated that they resolved that if a boat is properly screened
from neighbor ' s view it should meet the ordinance.
Dick Carl of 3385 Crystal Bay Road explained that the design
of modern boats are made so that they may be stored on the
owner' s property. Carl stated that this has been done
because the public has demanded it, and because it gets
expensive when the owner of a boat has to store it at a marina.
Dick Cherba of 1340 Vine Place asked the Council to remember
that the Lake Minnetonka area is a recreational area.
Cherba stated that when someone lives in a recreational area
the City should realize that storage of recreational
equipment on the owner ' s property is inevitable. Cherba
felt that this was only the beginning of the problem for boat
storage and seasonal equipment.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 8 , 1985_ PAGE 14
A letter submitted by Dick Carl was given to the Council
regarding a specific improvement on property located at 3399
Crystal Bay Road (attached to these minutes as Exhibit C ) .
Building & Zoning Administrator Mabusth stated that staff
would contact the individual the letter involves and staff
would report back to Council.
STATUS OF PROPERTY LOCATED
AT 130 CYGNET PLACE �
Councilmember L. Adams asked why the City should grant the
extension and the status of the clean-up of the property.
Zoning Administrator riabusth stated that the extension is
asked by staff to allow the owner more time to clean-up in
light of the fact of the winter storms that held up the clean-
up. Mabusth stated that they have shown some progress in the
clean-up.
Councilmember L. Adamsmoved , Councilmember Frahm seconded,
to extend the deaaline for clean-up of the violations at 130
Cygnet Place to May I , 1985 . Motion, Ayes ( 5 ) , Nays ( 0 ) .
BIG ISLAND VETERAN'S
C�P Maycr Butler noted that she has talked with John Burger on the
telephone regarding the status of the Big Island Veteran ' s
Camp. Butler noted that Burger ' s next idea was to have tent
camping and open fires rather than use the buildings .
Butler explained to Burger that without police and fire
protection it would impossible for the City to grant such a
request, and that the camp must be brought up to meet state
fire and building codes.
Building Inspector Jacobs explained that he testified at the
State Legislature sub-committee regarding the building and
fire code violations at the Big Island Veteran ' s Camp.
Jacobs also presented to the sub-committee the City' s
position regarding the camp use. Jacobs noted that after
working with the camp managers last summer to get the
corrections completed and nothing was done, Jacobs felt that
hazardous building procedures should commence.
Council concensus was that the Big Island Camp should not
open until the violations have been corrected and the Camp
meets state fire and building codes .
Councilmember Frahm moved, Mayor Butler seconded, to start
hazardous building procedures based on the eviaence the
Council has had in the past of the flagrant building and fire
code violations at the B�g Island Veteran ' s Camp, and
directed staff to write a letter to the Veteran ' s Camp
notifying them of such action. Motion, Ayes ( 5 ) , Nays ( 0 ) .
MINUTES OF THE REGUI,AR ORONO COUNCIL MEETING HELD APRIL 8, 1985 . PAGE 15
ANOTHER POTENTIAL
HAZARDOUS BUILDING Councilmember L. Adams asked staff to check on a cottage on
Crystal Bay Road which appears to be a potential hazardous
building and have staff report back to Council.
REVIEW OF SITE PLAN
& BUILDING PLANS OF
PROPOSED SANCTUARY
FOR CALVARY MEMORIAL
CHURCH--INFO ITEM Mayor Butler moved, Councilmember L. Adams seconded , to
approve the site plan and building plans of the proposed
sanctuary for Calvary Memorial Church. Motion, Ayes (5 ) ,
Nays (0 ) .
CABLE TV REPORT Mayor Butler moved, Councilmember L. Adams seconded, to
recognize that a Cable TV meeting would be held at the
Shorewood City offices at 7 : 00 p.m. at April 9 , 1985 .
Niotion, Ayes ( 5 ) , Nays ( 0 ) .
APPEARANCE
JOHN SHARDLOW JohnShardlow waspresent to discussa possible contract with
the City to act as a consultant. Shardlow stated that what
he knows about what the City wants is the City is interested in
looking at the Comprehensive Plan and Zoning Code as it
affects the Highway 12 corridor.
Mayor Butler stated that the Council recently had a proposal
by a businessman to relocate his landscape business on
Highway 12 . Butler explained that his appearance made the
City take a look at the future development of Highway 12 .
Butler noted that the Maple Plain interceptor will run along
Highway 12 and also Highway 12 itself will be upgraded and
therefore create more traffic. Butler stated that the City
would like to come up with something that addresses the
City' s intent for traffic and planning.
Councilmember T. Adams stated that historically the City
felt a need for a type of commercial zoning for uses that don' t
require hookups to sewer, such as a nursery/
landscaping business . Adamsstatedthat the Cityis looking
for a land use that will be consistent with the City' s
historical planning objectives .
Mayor Butler stated that when the Maple Plain interceptor
permit was released itstated that no existing "residential"
facilities would be allowed to hookup. Butler noted that
permit left the door open for commercial uses and new
residentialto hookup by petitioning the Metro Waste Control
Commission.
Councilmember Frahm stated that the interceptor will be
there but the City wishes to protect the Comprehensive Plan.
Frahm stated that Highway 12 is zoned residential but that
zoning is not very realistic. Frahm noted that the City does
not want industrial zoning along Highway 12 either , but would
like to see a quasi-commercial use that fits within the
City' s intent and Comprehensive Plan. Frahm felt the City
shou�d bc: nrepared for the future.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 8, 1985. PAGE 16
Councilmember T. Adams stated that the nursery/landscape
business is a classic example to use for that type of quasi-
commercial use.
Councilmember Grabek felt that any planning should include
the fact that I-394 will be Highway 12 in the future.
John Shardlow stated that he has much of the information on
the I-394 project and could include that in any planning he
� does . Shardlow stated that he will prepare a draft proposal
and bring it back to Council for their consideration.
RESOLUTION #1746
COMMUNITY DEVELOPMENT �
BLOCR GRANT PROGRAM*
Mayor Butler moved, Councilmember L. Adams seconded , to
adopt Resolution #1746 , A Resolution approving proposed
program for Year XI Urban Hennepin County Community
Development Block GrantFundsand authorizingits submittal.
Motion, Ayes ( 5 ) , Nays (0 ) .
PAYMENT UTILITY TRACTOR
� SIDE MOUNT MOWER*
Mayor Butler moved, Councilmember L. Adams seconded, to
approve the payment in the amount of $19 , 280 . 82 to Kortuem
Sales and Service for a utility tractor and side-mount mower.
Motion, Ayes ( 5 ) , Nays ( 0 ) .
REQUEST FOR FUNDS
WESTONRA SENIOR CITIZENS
Councilmember Frahm moved, Councilmember L. Adams seconded ,
to commit the funds for the Westonka Senior Citizens .
Dlotion, Ayes ( 5 ) , Nays ( 0 ) .
FINANCING CRYSTAL
BAY IMPROVEMENTS Finance Director Kuehn reviewed with the Council the
financing for the proposed Crystal Bay improvements .
PROPERTY FOR SALE
LOT 7, BLOCK 6
NAVARRE HEIGHTS Public Works Coordinator Gerhardson explained that there is
property for sale (Lot 7 , Block 6 , Navarre Heights ) which is
adjacent to the Navarre parking lot at the west end.
Gerhardson stated that if the City was to acquire the lot and
certain improvements were made, it would be easier to
maintain parts of the parking lot.
Councilmember Grabek moved, Councilmember Frahm seconded,
to direct staff to see if the owner will donate the land to the
Orono Park Commission. Motion, Ayes ( 5 ) , Nays ( 0 ) .
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 8, 1985 . PAGE 17
JENTILUCCI DRAINAGE
TILE Public Works Coordinator Gerhardson suggested that the City
clean-up the drainage tile on a one-time basis .
Mayor Butler suggested a written contract. Butler stated
that staff should make it clear to the Jentilucci ' s that in
trade for the easement the City will clean out that ditch only
once and will not maintain it in the future .
� Councilmember Frahm moved, Mayor Butler seconded, to direct
staff to clean out the ditch on a one-time basis in exchange
for the easement on the City road and that the City w� 11 not
maintain the ditch at any other time in the future but will be
the responsibility of the owner. Motion, Ayes ( 5 ) , Nays
(0 ) .
EASEMENT NEEDED FOR
CRYSTAL BAY SEWER Public Works Coordinator Gerhardson stated that Dick Stinson
is opposed to the City acquiring an easement across his land
and Gerhardson suggested to alter the sewer line so the line
will not cross his land. Gerhardson stated that the
alternate location of the l�.ne will cost approximately
$7 , 000 more but that Stinson has stated that the City will
have to condemn his easement.
Councilmember Frahm moved, Mayor Butlerseconded , to approve
the alternate sewer line location to avoid Stinson ' s
prcperty. Motion, Ayes ( 5 ) , Nays (0 ) .
ART CENTER
SANITARY SEWER City Attorney Radio reported to the Couneil that to include
the Art Center in the Crystal Bay Sewer project would require
that the City start the whole procedure over . Radio did note
that if there is some cost that has not been assessed against
the whole project and it abutts the project , the City can hold
a supplementary proceeding in which you assess part of the
cost back to the Art Center.
Councilmember Frahm moved, Councilmember Grabek seconded ,
to direct staf f to start the procedure to serve the Art Center
with sanitary sewer. Nlotion, Ayes (5 ) , Nays ( 0 ) .
Mayor Butler stated about the only thing that needs to be done
to include the Art Center is to amend the feasibility study
and hold a public hearing.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 8, 1985. PAGE 18
LICENSES* Mayor Butler moved, Councilmember L. Adams seconded , to
approve the following licenses :
Septic License - Elmer Peterson
� Septic License - Sullivan ' s Service �
Septic License - Volkenant & Sons
Parades & Special Events Permit - Hawg Hookers Bassmasters of
MN
Beer License - Orono Golf Course
Motion, Ayes (5 ) , Nays ( 0 ) .
BILLS* Mayor Butler moved, Councilmember L. Adams seconded , that
the All Funds Accounts and Liquor Store Accounts be paid.
Motion, Ayes ( 5 ) , Nays ( 0 ) .
ADJOURNMENT 10 :45 PM
Councilmember Frahm moved, Mayor Butlerseconded , to adjourn
the regular Council meeting at 10 : 45 p.m. riotion, Ayes ( 5 ) ,
Nays (0 ) .
ATTE .
% �
� ^ ����"' ,v����.�'�� `>
o thy M. alli , City Clerk Nary C. B�tJer, Mayor
\
� , � � , , �-- � `— pQ/ �/2�/GZ/1 C1L-
�� �. ! l ��iL l. L�' :AI':C.� l /t-� ;t� _ �j " u uJ � %
�
. Z;�4,`'! . -.., � .. _. _H
.,,,.., �.: ,.
� ,.�... ,.
� _ 91r. C fflrer . 3�rz (�. �r�snlrr • . . . . . ; �. _
, , 3G�3 iVnrfla �:anrr �7riur
. :Da� zafa . i�i �inrnnfa 55391
Apri 1 8 , 1'985
City of Orono
1335 South arown Road
Orono , Minnesota 55323
We , the undersigned , wish to withdraw our names from the pet-
ition we signed which was circulated by Mr . Gary Wheeler re-
garding the Carl Johnson �901 variance .
We feel Mr Wheeler did not completely represent all of the
;� . ., �
ramifications of the ordinance when he asked us to sign the
petition . and thc�refore cannot lend our names to its endorse-
ment .
Rex G . Ressler
� ��, .
. ,.0 2i L
Sharon M . Re'ssler
, i �
r��C° U�c",( l.b�.l� ,� (, l.r:i c� � -oc__ : �, - .
� � i� cr�- -Y�� �"!+-�'� _��:i/;/'1_ ll V .%�.'��C�/_��L_
.. �...��. .:._., ,.�G —.... ._._.��..-.s..,_•:c�
T0 : Orono Cit}� Council �
FROM: James F.. Grady
DATE: April S , 1985
RE: 3393 Crystal Bay Road, Orono , MN: Parking Area and
Hardcover History
My name is Jim Grady. M}T current residence is in Mound, where my wife GaS�le
and m}�self have owned our home since rlovmeber, 1967 . However, from Janu-
ary, 1960 , through October, 1967 , m�� f.amily and I lived at 3385 Crj�stal
Ba}� Road, Orono . We rented the property . The propert_y immediately ad-
joining to the west (3399 Crystal Ba}� Road) was at that time owned and
occupied b}� Mr. Scott Whitnah. Subsequent to my departure as a renteY of
the house at 3385, sometime in the 1970 ' s , r'ir. Whitnah sold the east�rly
50 fc�ot parcel of his propert}' to Mr. and h1rs . Phil Gross , who built the
home that Mr . and rirs . Karl Johnson no�a own and reside at . This propert}�
became 3393 Crystal Bav Road . Because of m}� lon�-term proximity to these
properties, I am ver}� familiar �aith the parking and hardcover histor}�
that prevailed on the Idhitnah property .
While I lived at 3385, the Whitnah property (at 3399) had a framed-wood
stairwa}� that ran uphill towards the east side of_ his house from in front
of (south end) and alon� the west side of his parking area . After the
Gross house was built, the stairwa�� remained, only now it began at approxi-
mately along the north-south property line dividing Whitnah property from
Gross pro�erty. Prior to selling the property to Gross , Whitnah had used
at least 1/2 of the front part of_ that propert}� for his parking area .
Af_ter selling the propert}�, he used the area in front of_ the staircase
(north of the staircas:e) that rer�ained on his property . From time to time,
Mr. �,�hitnah had drivewa}� rock brou�ht in to cover his parking area, be-
fore a.nd after selling to Gross . The sketch below is m}T recall of the
above discussion.
�f <C2�1 sTr�-� T3��
.�--`-��
i./o27�
Ci2��s Tq L �A-*-, 7Z-a .4-r�
���Z<Ci�/� I
���� �
_ � /�
33!'1
5��� �
�'��e � I
i Pi�y�'� � 3 3�3 3 3 B.S"
C.����� J�r�so.✓ c�,��
������ � ����� ����
No� : �s �w� . �or fib S�n�
r /
�Gc�a��� ,lv L 'a2�,.�c.c�' �- � -�'�
. .
�:���F � ... . . _=C._.. ._ :
`� ; ;�;� '� r� i_��L���l�
, . � , �, � _._. __ ,I ,
, � I
� �� I
:� ,
� ',`� r,����� -- '�� '
�... i
, •,'1 Y�CI l � �.r�1..1 � I
, , il, /)
To: Jeanne A. �1abusth. �-` '-� �_.J
� j i,li�' 0� O�tONO
From: Charles R. Carl
Date: April S 19�5.
� SubjPct: 10� Fire Lane alc�ng E_�rc�erty at ��3�9 Crystal E�a; �d.
Dear Jear�r�e;
Durin� a recent rneeting in�,r�lvin� Crystal Eay Rd. residents,l
had th� op�ortur�ity to exarr�ine a pl�t rriap of the area. I noticed
� a 10� pi.�blic� ar�Fs� runnina alr��n�� the ��r�r�st �ide �fi th� ar������e
st�tec� pr�pert}�. Upan pf-�ysical exarr�ir�atian �f t.h��t pro�.,ert�;
line it ap��ears tf-�at a �7r,���:�el�d rarl��inc� are� al�ng�ide trie �����st
side of the eY,istir�g garaye overlaE_�s V�rell ir�t.a the ��ur�lic: ar�ra.
�.��o n�v�n�� r_�een �ar, intrrc�ted or�s�r�,�e�, durir�q the ��arian��e
i-�earir�ys for tl-�is pro�ert•y it �eerr�s to me that part of tr�e fir�al
variance �r�a� the requirement for elimination of all hdrd ca��er
al�ng the west side of the n��r�,r structure. I spoke witf-� a fc�rrr�er
memher of the Planning Cc�rnmissior, v�rho �r�ras, at fihat time, an
. active mernber of the comrnissior►. Tr�is persor� als� remembers
sometr�ing sirr�ilar. In vie�t! af all the pressure presentl.,� being
put on one resident nextdoor about r�ardcover Y�ould you please
check your records an� advise.
Respectfully
� ��� �
Di cl�, Carl