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HomeMy WebLinkAbout02-13-1995 Council Minutesw ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 13, 1995 • ROLL The Council met on the above date with the following members present: Acting Mayor J. Diann Goetten, Charles Kelley, and JoEllen Hurr. Mayor Edward Callahan, Jr., and Council Member Gabriel Jabbour were absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, City Engineer Glenn Cook, and Recorder Sherry Frost. Acting Mayor Goetten called the meeting to order at 7:55 p.m. ( * #1) CONSENT AGENDA Items #3, 5, and 9 were added to the Consent Agenda. Hurr moved, Kelley seconded, to approve the Consent Agenda as amended. Ayes 3, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF JANUARY 23, 1995 Hurr moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of January 23, 1995, as submitted. Ayes 3, Nays 0. • PARK COMMISSION COMMENTS Park Commissioner Sherokee Ilse had no comments. PLANNING COMMISSION COMMENTS Planning Commissioner Candace Rowlette had no comments. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( * #3) #1981 TODD IL COURNEYA, 4620 TONKAVIEW LANE - VARIANCE - RESOLUTION #3519 Hurr moved, Kelley seconded, to adopt Resolution 43519 for Todd R Courneya, 4620 Tonkaview Lane. Ayes 3, Nays 0. • A, MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 13, 1995 (#4) #1986 DAVID YORKS, 2825 CASCO POINT ROAD - AFTER-THE-FACT • CONDITIONAL USE PERNIITNARIANCE - RESOLUTION #3520 Mrs. Yorks was present. Mabusth reported that this application is for an after- the -fact conditional use permit and variance to reconstruct a retaining wall in a Lakeshore yard. The wall was found to be on the verge of collapse and required immediate attention. Applicant contacted Staff, who informed Applicant that the soonest the Planning Commission could act on this issue would be at their January meeting. This work could not be performed during January or February, and the potential for collapse of the wall and the bank when spring rains arrived resulted in the need for immediate action. The City Engineer inspected and reviewed the property and concurred with the engineering plans. A complete application was filed before proceeding and building the wall in November. The only issue is that the City was not contacted during the construction, so the Engineer was unable to verify that all guidelines of the Allen Block Co. were followed during the installation. The Engineer required the Applicant's Contractor to confirm in a letter that all requirements were met in building the 8' high wall. The Planning Commission at their January meeting concurred that the wall needed immediate attention and that the Staff responded correctly under the circumstances. The Planning Commission recommended no penalty fee be assessed on the building permit • due to the emergency situation. Hurr questioned waiving the penalty fee showing concern for setting a precedent, citing an example of a security house that was an after - the -fact application. At that time, the applicant was required to pay a penalty fee. Planning Commissioner Rowlette responded that since this was an emergency situation and unique circumstances required the action and the applicant first sought help from the City, they felt that no penalty should be assessed. Goetten asked to show in the resolution that this was a unique situation and needed to be considered on a case basis. Rowlette cited the example of the rains in 1987, where the City responded during the emergency situation by waiving penalty fees. Rowlette said this application is consistent with that situation. Kelley moved, Hurr seconded, to adopt Resolution #3520 for an after- the -fact conditional use permit/variance for David Yorks at 2825 Casco Point Road, without penalty as per the Planning Commission recommendation. Ayes 3, Nays 0. ( * #5) #1987 LARRY PILLAR, 2705 ETHEL AVENUE - VARIANCE - RESOLUTION #3521 Hurr moved, Kelley seconded, to adopt Resolution #3521 drafted per the findings and conditions of the Planning Commission recommendations. Ayes 3, Nays 0. • 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 13,1995 • (#6) #1988 KENNETH J. SEVERINSON, 2800 SHADYWOOD ROAD - VARIANCES - RESOLUTION #3522 Mr. and Mrs. Severinson were present. Mabusth reported that the Applicant installed new sections of 6 -7' privacy fencing and repaired other sections of fencing without obtaining a building permit. This fence is located on property that is adjacent to both the Narrows Channel and county road. The code allows for 6' high fencing within street yards of lakeshore lots adjacent to county roads. The Applicant did not realize a permit was needed to replace and add new sections of fencing. Hardships were listed for the Applicant. Mabusth said the Planning Commission voted 5 to 2 for approval, with the minority opinion opting for a combination of lower fencing with shrubs. Mabusth said that there is shrubbery in place that does obscure the fence from the lagoon and noted that the county road at that location was high minizing visual impact of fence at that height. Applicant Severinson said he replaced 70% of the fencing. It started as a repair job but due to the amount of heaving, he was unable to only repair it. The fencing is a stockade type, the same as the original. Hun moved, Kelley seconded, to approve Resolution #3522 for Kenneth and Eileen Severinson at 2800 Shadywood Road. Ayes 3, Nays 0. • ( #7) 3585 SIXTH AVENUE NORTH - HOME OCCUPATION LICENSE RENEWAL LICENSE The Applicant, Mr. Meinhardt, was present. Mabusth reported that the application was for a renewal of a home occupation license. The 3 -acre property is located on CoRd 6, adjacent to a residential area, next to the Park Gun Club, and with Hennepin Parks to the north. Council was informed of recent problems the Applicant has had, primarily with the loss of his wife. Mabusth presented photos taken during an inspection for the license renewal showing commercial trailers parked outside and to the rear of the barn. The license requires these vehicles to be stored inside. The commercial vehicles were found to be owned by the Applicant's son, and a letter was sent asking for removal of vehicles from outside the barn area. It was noted that an employee was also parking his personal vehicle at the rear of the barn. The license required that this also be parked inside when the employee picked up his work vehicle. • MINUTES OF THE REGULAR ORONO CITY COUNCII. MEETING HELD ON FEBRUARY 13, 1995 ( #7 - Home Occupation License Renewal - Continued) • The home occupation code states that no employees are allowed to work inside the home, only the owners. During the wife's illness and after her death, a nurse had assumed secretarial and phone duties for half the day. Mabusth reported that Staff recommended that the application be granted conditional approval, allowing a six -month period for the applicant to resolve the secretarial and vehicle parking issues due to the hardships involved. Hurr was told that there were approximately three licenses within Orono where variances had been approved. Mabusth said that this should be discouraged, and the applicant would be encouraged to seek other alternatives. Hurr moved, Goetten seconded, to conditionally approve the home occupation renewal license for Ben Meinhardt at the property located at 3585 Sixth Avenue North for a six - month period (August 13, 1995) and to direct Staff to submit a status report on the final resolve of the business operation and to further determine if the use involves violations of the code and if variances would be appropriate or acceptable to the City. Ayes 3, Nays 0. MAYOR/COUNCM REPORT Goetten reported that she would be attending the meeting in Long Lake with Mn/DOT on the Hwy 12 issue and had received an update from Mayor Todd Olson. • Hurr said she would be attending a hearing on Wednesday, 2/15/95, on Lasher Landing. ENGINEER REPORT ( #8) KELLY AVENUE DRAINAGE City Engineer Glenn Cook presented the Council with a draft assessment roll for the proposed storm drainage improvements on Kelly Avenue, north of Carman Road. The assessments do not include costs for raising the elevation of Kelly Avenue or replacing the sanitary sewer in the area. Two options were developed. One assessment roll was divided on an area basis over the entire property that has direct runoff to the drainage area. The other option was assessment based on the type of land use, residential or commercial, where commercial properties would be assessed twice that of residential properties. This was determined by the fact that commercial properties generally have twice as much hardcover as residential properties. The formulas were developed with the amount of runoff and land taken under consideration. Cook reported that any decision made would more than likely be considered as the policy to be followed for future projects • 4 WNUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 13,1995 • (#8 - Kelly Avenue Drainage - Continued) Another meeting with the neighbors involved will be held to review construction and assessment options. Moorse said a public hearing would allow the Council to hear what people expect and what type of assessment policy would be considered reasonable. Moorse noted that it is easier to make a case for a sanitary sewer or a road assessment than for a stormwater project assessment. Barrett responded that residents look at what increase this would provide in the value of their property, and the claim would likely be that this would result in no difference in their property's value. Moorse reported that the proposed assessment could be paid all at one time or over a period of time. The cost for the City in the proposed assessment roll would be 200/6 of the total project cost. Moorse asked the Council to consider what percentage is reasonable for the City to pay, 20% or 300,% as in the Stubbs Bay sewer project. Cook and Gerhardson will inform Council of the results of the neighborhood meeting. CITY ADMINISTRATOR'S REPORT ( *#9) ESTABLISH DATE AND TIME FOR CDBG PUBLIC HEARING Hun moved, Kelley seconded, to schedule a public hearing to receive public comment • regarding the City's C.D.B.G. grant allocation for 7:00 p.m. on Monday, February 27, 1995. Ayes 3, Nays 0. ( #10) 1995 INSURANCE AWARDS Moorse asked for Council's recommendation for approval on insurance awards for 1995. It was noted that the property and casualty premium costs have decreased for this year. Moorse said this was because of the City's experience rating and the experience of the people involved in the pool. There were no changes in coverage and competition was not felt to be the reason for the decrease. Kelley asked that the employees involved be recognized for the significant role they play in limiting costs that affect our taxpayers. Hun moved, Kelley seconded, to award the insurance effective January 1, 1995 as follows: to the League of Minnesota Cities Insurance Trust for the comprehensive municipal property and casualty package $65,505, for umbrella excess liability $21,549, for petrofund reimbursement $821, and for open meeting law $789; to Western National Insurance Group for boiler and machinery $331; to the St. Paul Fire and Marine Insurance Co. for small computers $500; and to the United Fire and Casualty for surety bonds, $1,700. Ayes 3, Nays 0. is MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON FEBRUARY 13,1995 (* #11)1980 BOND FUND CLOSE OUT - RESOLUTION #3523 • Hun moved, Kelley seconded, to adopt Resolution #3523, a Resolution to close the 1980 Improvement Bond Debt Service Fund to the Water Operating Fund as of December 31, 1994. Ayes 3, Nays 0. ( * #12) SEASONAL ROAD WEIGHT LIMITS - RESOLUTION #3524 Hun moved, Kelley seconded, that Council adopt Resolution #3524 establishing the 1995 Weight Limits for City streets from March 15 through May 15, 1995. Ayes 3, Nays 0. ( * #13) APPOINTMENT TO BUILDING CODE BOARD OF REVIEW - RESOLUTION #3525 Hurr moved, Kelley seconded, to adopt Resolution #3525 appointing Kenneth Roelofs to the Orono Building Code Board of Appeals. Ayes 3, Nays 0. ( * #14) VOLUNTEER COMMISSION REAPPOINTMENTS Hurr moved, Kelley seconded, to authorize Staff to advertise for the vacancies on the Park Commission and Planning Commission. Ayes 3, Nays 0. ( * #15) FEDERAL BRIDGE REPLACEMENT GRANT AGREEMENT - • RESOLUTION #3526 Hurr moved, Kelley seconded, to adopt Resolution #3526. Ayes 3, Nays 0. CITY ATTORNEY'S REPORT City Attorney Tom Barrett had no comments. ( * #16) LICENSES Hurr moved, Kelley seconded, to approve the following licenses: Ayes 3, Nays 0. Cigarette Licenses: Jimmie Holtz Tummies Lounge Richard Keaveny Keaveny Drug LeRoy Koehnen Navarre Amoco • G AUN UTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON FEBRUARY 13,1995 • ( #16 Cigarette Licenses - Continued) Don Scherven Navarre Lanes Steve Corl Navarre Liquor Bill Wear Orono Self Service John O'Sullivan O'Sullivan Richard Bloomquist Rick's Super Valu John Downey Wayzata Country Club On Sale Non - Intoxicating Liquor License: Lakeview Golf Course Grant Wenkstern . 405 North Arm Drive Special Events Permit: Runners Edge Athletics 4 mile foot race April 1, 1995 • Fred Kurz Memorial Race foot race on Luce Line April 15, 1995 Norwest Bank Minnesota 1/2 marathon foot race May 7, 1995 Septic System Installers License: A -1 Rootmaster, Inc. 7502 Hudson Blvd. Lake Elmo, MN 55042 Home Occupation License Initial Review: LeRoy A Pilgram D.C. 1795 Shadywood Road iA MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 13,1995 (* #17) BILLS Hurr moved, KeIIey seconded, to approve payment of the All Funds Account. Ayes 3, Nays 0. ADJOURNMENT Hurr moved, Kelley seconded, to adjourn at 8:40 p.m. Ayes 3, Nays 0. 4 J. 'ann etten, Acting yor ATTEST: 8 • • •