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HomeMy WebLinkAbout07-10-1995 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR JULY 10, 1995 • ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, Charles Kelley, and JoEllen Hurr, who arrived at 8:10 p.m. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Engineer Glenn Cook, Public Works Director John Gerhardson, who arrived at 7 :30 p.m., and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items #4, 5, 10,- 11, 12, 14, 15, 17, 18, and 19 were added to the Consent Agenda. Jabbour moved, Goetten seconded, to approve the Consent Agenda as amended. Ayes 4, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF JUNE 26, 1995 Jabbour moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of June 26, 1995, Ayes 4, Nays 0. • PARK COMMISSION COMMENTS Susan Wilson had no comments. PLANNING COMMISSION COMMENTS Sandra Smith had no comments. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( #3) #2005 SAILORS WORLD MARINA AND BOAT CLUB, 1955 SHORELINE DRIVE - CONDITIONAL USE PERMIT Mr. DeSantis was present. • 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 10, 1995 ( #3 - #2005 Sailors World - Continued) The application is for a conditional use permit to allow private boat club use for a • membership up to the level of 100 members and has been recommended for approval by the Planning Commission. The applicant has provided a table showing the use during pre, post, and busy seasons with regards to parking. Yearly confirmation of 25 off -site parking stalls would be required. The marina presently has 41 stalls in use on site and 20 off -site stalls for the peak times. 30 stalls are available through an agreement at the Art Center for the marina use. DeSantis reported this operation has been in effect for the past three years and noted that the boat club provides the best use when there is limited parking available. 75 slips are rentable at the marina. Callahan said clarification was needed in the resolution regarding limitations on the boat club membership as this was not noted in the findings or conclusions, order, and conditions portion of the resolution. Kelley questioned approving this CUP without the landscape plan installed. The landscape plan submitted is for screening of the storage facility. The City has a letter of credit and a developers agreement for the landscape project. A pollution problem is in the process of being analyzed and cleaned up. DeSantis reported geo- probes being conducted on three parking stall areas and the possibility of the need for monitoring wells. It is hoped that this problem will be cleared up before the end of the year. Ground water flow pollution from the nearby gas station might be affecting the marina property. • Kelley said he was not opposed to the boat club use but noted that the ordinance was originated to gain control over certain areas of operation. Smith said the Planning Commission asked for yearly certification in their recommendation. Kelley received confirmation that this would mean the license would not be issued if no certification is received regarding the parking stalls. Callahan was concerned with the marina relying on another commercial venture for their additional parking stalls. Mabusth said the times of peak use for each facility complements each others' operation. Callahan thought paragraph one of the resolution should be rewritten to speak to this issue. Callahan told Moorse that land use was not a good way of regulating an activity. Callahan felt more control is needed over this and asked Staff to give concern and thought over this issue. Callahan moved, Kelley seconded, for application's resolution be rewritten to recognize the 100 member limit and the 25 alternate parking stalls. Ayes 3, Nays 0, Abstain 1, Jabbour Abstain. is 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 10, 1995 ( * #4) #2020 JAMES BRUCE, 265 LEAF STREET - PRELIMINARY • SUBDIVISION - RESOLUTION #3574 Jabbour moved, Goetten seconded, to grant conceptual approval of the vacation of the drainage easement within Lot 6 of the Stielows Addition and to direct staff to prepare the necessary vacation resolution at the time the final plat, Fox Hollow, is submitted for final plat approval to the City Council. Ayes 4, Nays 0. Jabbour moved, Goetten seconded, to adopt Resolution #3574 approving the preliminary plat of Fox Hollow. Ayes 4, Nays 0. ( * #5) #2021 JAMES BRUCE/JAMES HALE, 575 OXFORD ROAD AND 565 LEAF STREET - SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION #3575 Jabbour moved, Goetten seconded, to approve Resolution #3575. Ayes 4, Nays 0. (#6) #2025 MICHAEL PLANK, 411514145 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - RESOLUTION #3576 The original plat of Maple Place was approved in 1988. This application is for a realignment involving Lots 2 and 3 of that plat; both with a residence. The Applicant • proposed a private road with a cul -de -sac. Originally, a 30' outlot driveway serving Lot 3 was proposed. With the outlot/backlot standard requiring 150% of the area, the land was re- platted with a private road and the 150% will not be needed. Lot 1 can be replatted at a future time as it contains the dry buildable needed. The road can serve all three future lots. Callahan asked about the driveway /private road issue. Mabusth said the applicant has been forewarned concerning Lot 3 future division would require an upgrade. Kelley moved, Jabbour seconded, to approve Resolution #3576. Ayes 4, Nays 0. ( #7) #2029 WILLIAM F. SMITH, 2580 FOX STREET - PRELIMINARY SUBDIVISION - RESOLUTION #3577 Mr. Smith was present. r� U 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 10, 1995 ( #7 - 92029 William Smith - Continued) A lot lit was approved roved in 1986. At the time of that resolution, it was determined that • sP any future division of Lot 1 would require legal access be provided to all three lots through a private road platted on the east side. There is no control over Lot 2 as it has another owner. Filling of wetlands and mitigation would be required if a road were to be created. This would also result in the removal of large evergreen trees. Another option would be looking at a front lot/back lot configuration with a 30' outlot on the east side. This would have minimal impact on the wetlands. A connecting driveway would have to be provided from the outlot to serve the northern lot. This would involve encroachment of wetlands to get to the building envelope on the west side. Lot 2 must use the driveway for access. It was further noted that the area standards are met. Mabusth reported the Planning Commission felt there would be a negative impact on proposed Lot 2 if drive was to the east and a new drive encroaching the new lot for Lot 2. A curb cut on the west side was considered but code requirements would make this difficult. It was felt this would conflict with the comprehensive plan. The applicant has asked to use the existing easement driveway for all three lots. After taking in the fire department needs, the Planning Commission recommended widening of the drive from 10' to 12'. The drive was approved in 1986 at 12'. It was further recommended that the portion of the drive beyond the curb cut for Lot 2 be upgraded to a width of 18' and an outlot be designated through Lot 2 to define the driveway. Planning Commissioner Sandra Smith said the application had been tabled to allow the • applicant to contact the homeowners of Fox Run to inquire of use of their private road for access to the lots. The homeowners have no interest in granting Smith access from their road. The City has no easement or recourse to make this option happen. Kelley noted the costs involved if the City were to initiate taking Fox Run and upgrading it to a 24' paved road with a cul -de -sac to serve these lots. Kelley thought the City's opportunity to do this was in 1986. Callahan asked Mabusth what the 1986 resolution stated. Mabusth said the resolution asked that all three lots would need legal access. Callahan voiced the possibility of requiring this and the need to live up to the rules established. Jabbour cited the City's own example with the Melamed application. He agreed with Callahan but thought the ordinance may be too rigid. Jabbour did not believe the City would want to redivide the land and did not see the benefit. 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 10, 1995 • ( #7 - 42029 William Smith - Continued) Callahan said the driveway ordinance is under scrutiny by the Planning Commission to consider a change in the code. Mabusth said if a reclassification were to be done, standards would also be made for driveways and noted this particular driveway does not go anywhere. Planning Commission Chair Peterson had recently asked the Council for direction regarding the ordinance. Jabbour agreed that the Council needs to revisit the ordinance. Callahan voiced a conflict with views from engineering staff and naturalists regarding this issue. Kelley was concerned with the City determining what kind of driveway a landowner could have on their private lot. Kelley opined that if Fox Run were mandated to allow these lots access from Fox Run that the homeowners would come to appreciate it. Kelley cited the Wear road example. If Fox Run were to the same standards, the City would want to make Fox Run public. Callahan said if a variance were granted, instead of an 18' drive with a cul -de -sac, Fox Run should be taken. Goetten questioned if the idea was to condemn Fox Run and noted the need to notify the homeowners. Goetten emphasized the need to establish some rules. Applicant Smith said he has made arrangements, as a result of the Planning Commission recommendations, to widen the road and maintain it. Smith said he is in the process of writing covenants for the road maintenance. The owners of Lot 2 agree with this • recommendation and has a turnaround on their property to handle fire department trucks and heavy equipment. This verbal agreement is in the process of being formalized. Smith said he agrees to provide a larger area on the northern lot for a turnaround and exit for larger vehicles. This area was originally intended for visitor parking. Callahan asked Smith when he acquired the property (May 16, 1995) and received confirmation that Smith was aware of the standard requiring the drive to be upgraded if any further division occurred. Smith elaborated that he felt the proposed driveway upgrade would be the best plan considering having received no cooperation from the homeowners of Fox Run and the impact a new road would have on the land. Smith said the owners of Lot 2 have no interest in gaining access from Fox Run. Jabbour noted that the cost to condemn Fox Run would be assessed to Smith if it occurred. Jabbour moved, Goetten seconded, to approve Resolution #3577 per the Planning Commission recommendations. Ayes 3, Nays 1, Callahan Nay. Callahan moved, Jabbour seconded, to place a two -month moratorium on any further subdivision application involving the driveway /private road issue, where an upgrade from a driveway to a private road is presently required when a third lot is created on a driveway. This moratorium is to allow time to study the issue. Barrett said a written resolution is required to define the moratorium. Ayes 4, Nays 0. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 10, 1995 ( #8) #2030 RICHARD LAVERE, 995 WILDHURST TRAIL - VARIANCES - RESOLUTION #3578 . Mr. LaVere was present. Mabusth reported on a 1992 application for a 20x31' addition to the east side of the residence. A building permit was issue but the project was never completed. The present owner, LaVere, is asking to complete the project and add a lakeside deck. The deck would encroach 6' into the average lakeshore setback. There is 288 s.f of patio area existing under the proposed deck area. 90 s.f of walkway under a portion of the deck was removed as part of the original application. The applicant has reduced the deck 2- 1/2' for new structural hardcover of 523 s.f. placed over 288' of patio area. The detached garage was removed as part of the original application. 210 s.f of hardcover in landscape areas and street yard was removed. The Planning Commission recommended limiting the amount of hardcover to 35.4% in the 75 -250' setback area. This is the amount of hardcover that was thought to exist at that time. Calculations have been redone and hardcover updated to 36.1% with the applicant's proposal at 35.9 %. The difference between the recommendation and the proposal is about 30 s.f of hardcover. Jabbour moved, Kelley seconded, to approve Resolution #3578 per the Planning Commission recommendation of 35.4% of hardcover in the 75 -250' setback area. Ayes is 4, Nays 0. (#9) NORTH SHORE MARINA - CLUBHOUSE SEWER CONNECTION Gaffron reported a sewer connection permit was issued 25 years ago for the clubhouse structure on this property. During a recent maintenance call, it was found, to the surprise of all, that the clubhouse was still connected to a septic system. Staff recommends abandonment of the septic system and connection of the building to sewer via connection to the next building, and not to the main line, as there are many other utilities and pipes in this area which might be disturbed. Gaffron noted that non - structural repairs were approved last year after Council review, and this connection would add permanency to the structure. Staff does recommend the connection. Council asked what the procedure is when sewer permits are granted. Gallon said today inspections are done to ensure the work is properly completed. He cannot speak for what the procedure was 25 years ago. A permit was granted 25 years ago for two buildings including the building that is currently the clubhouse. Because only one permit was granted listing two addresses, Staff feels this may have some bearing on why this building was not connected. Staff recommends the other two buildings in this area of the property be checked to ensure that they are connected to sewer. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 10, 1995 (99 - North Shore Marina - Continued) • Callahan moved, Jabbour seconded, to direct Staff to issue a plumbing permit for the clubhouse subject to the abandonment of the septic system. Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Callahan reported receiving a letter from a previous mayor of Orono, Mary Butler, concerning a use of the wood chipping machine owned by the City. Butler suggested a program of placing the machine at different locations throughout the City to enable citizens to dispose of brush from their properties. Callahan asked Gerhardson to look into this matter. The Council scheduled attendance at the upcoming neighborhood meetings regarding sewering. Jabbour and Kelley will attend the July 12 meeting at the Council chambers; July 20 4:30 p.m. meeting will be attended by Callahan; Goetten will attend the July 20 7:00 p.m. meeting of the Orono Orchards neighborhood at Council chambers; Hurr will attend the July 27 7:00 p.m. meeting; and Jabbour will attend the meeting on August 3. Gaffron will confirm with the Council the Bracketts Point neighborhood meeting. Callahan asked for an update on the sewer connection at 710 Dickey Lake Drive. Moorse said the sewer is in and all costs are paid. The City is in the process of • addressing concerns of the property owner related to the project. The sale of the Oberhauser property was noted. The Long Lake Corn Days will be held August 11, 12, and 13. Callahan and Goetten will ride in the parade August 13. Hurr noted an agreement made by Mr. Dunn with the DNR over leasing of the Straley property. Gaff'ron said the agreement requires approval from all agencies before a lease could be entered into. Hun was concerned that an option could hold up the sale of the property. Jabbour said there was a possibility of one property being given up for another property sold. Jabbour had believed that the property was to be presented for sale on the open market after the completion of two appraisals and possibly going through the tax forfeiture process. Goetten said Dunn had commented at the LMCD meeting that he was reorganizing his docks. Commercial and residential use of the property was discussed. Hurr asked Mabusth about a developers proposal concerning redevelopment of the property located between Lakeside and North Shore Marinas. Mabusth said the proposal was very preliminary and would ask for direction when and if a more detailed proposal is received. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 10, 1995 (Mayor /Council Report - Continued) . Kelley emphasized his viewpoint on commercial development in the North Hwy 12 area in response to a memo suggesting interest in development by a discount retailer. It was suggested that the Council review the Hwy 12 comprehensive plan amendment. Callahan moved, Jabbour seconded, that a 6 month moratorium be placed on commercial development in the area north of Hwy 12 between Willow Drive and Old Crystal Bay Road to County Road 6. Ayes 4, Nays 0. Goetten reminded Council members of the need for official representation at the Planning Commission meetings as well as at the Park Commission meetings. Council will receive a schedule designating each members' duty as liaison. ENGINEER REPORT (* #10) REQUEST FOR PAYMENT - NAVARRE LIFT STATION NO.7 RENOVATION Jabbour moved, Goetten seconded, to approve the Request for Payment for the Navarre Lift Station #7 Renovation in the sum of $5,394.29. Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( * #11) RESOLUTION #3579 CALLING FOR WILLOW DRIVE • EMPROVEMENT Jabbour moved, Goetten seconded, to approve Resolution #3579. Ayes 4, Nays 0. ( * #12) AWARD BID - WILLOW DRIVE IMPROVEMENT Jabbour moved, Goetten seconded, to award the bid for the Willow Drive Improvement Project to Buffalo Bituminous in the low bid amount of $131,982.50. Ayes 4, Nays 0. ( #13) PRELIMINARY PLANS FOR COUNTY ROAD 15 - RESOLUTION #3580 Jabbour moved, Hurr seconded, to approve Resolution #3580 directing Hennepin County to prepare preliminary plans for County Road 15 east of Orono Orchard Road. Ayes 3, Nays 2, Goetten and Callahan Nay. ( * #14) APPOINTMENT OF ACTING POLICE CHIEF Jabbour moved, Goetten seconded, to approve the appointment of Lt. Gary Cheswick as Acting Police Chief at a pay rate of $24.32 per hour effective June 15, 1995. Ayes 4, Nays 0. 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 10, 1995 ( * #15) 1994 COMPREHENSIVE ANNUAL FINANCIAL REPORT • No action was required. 1P ( #16) SCHEDULE 1996 BUDGET WORK SESSION The 1996 Budget Work Session is scheduled for July 25, 1995, at 8:00 a.m. ( * #17) NATIONAL NIGHT OUT - PROCLAMATION #3581 Jabbour moved, Goetten seconded, to adopt Resolution #3581 proclaiming Tuesday, August 1, 1995, as "National Night Out" in the City of Orono. Ayes 4, Nays 0. ( * #18) RETIREMENT WAYNE QUAST Jabbour moved, Goetten seconded, to accept Wayne Quast's resignation in good standing effective July 28, 1995, and to approve payment of accrued vacation and 1/3 of unused sick leave in severance pay, as per City policy. Ayes 4, Nays 0. ( * #19) TEMPORARY EMPLOYMENT AT GOLF COURSE Jabbour moved, Goetten seconded, to approve the employment of Nathan Walker as a temporary counter helper at the Orono Golf Course for a period not to exceed six months effective June 30, 1995, at an hourly rate of $6.00. Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Tom Barrett had no report. ( * #20) LICENSES Jabbour moved, Goetten seconded to approve the following license: Ayes 4, Nays 0. Septic Events Permit Long Lake Corn Days Foot Race ( * #21) BELLS Jabbour moved, Goetten seconded, to approve payment of the All Funds Account. Ayes 4, Nays 0. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 10, 1995 ADJOURNMENT • Mayor Callahan adjourned the meeting at 8:42 p.m. Edward J. C n, Jr., Mayor ATTEST: 10