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HomeMy WebLinkAbout11-13-1995 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 13, 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. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Canton, Public Works Director John tierhardson, City Engineer Shawn Gustafson, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. ( - #1) CONSENT AGENDA Items #6, 8, 11, 12, 15, 16, and 17 were added to the Consent Agenda. Hurr moved, Goetten seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. ( #2) REFUNDING OF '89 AND 185 BONDS - CALL FOR BOND SALE - RESOLUTION #3628 Moorse reported that the City has two bond issues that have reached, or will soon reach, their call dates. This is the time when the City has an opportunity to refund those issues • at a lower interest rate. The City has been working with Carolyn Drude of Ehlers Associates, the City's bond consultant, to determine whether it would make sense to refund at this time. It has been estimated that the sale would result in a savings of over $120,000 in interest over the life of the bonds. Goetten asked if there would be any premium involved. Drude said no premium would be paid to the current bond holders. Hurr moved, Jabbour seconded, to adopt Resolution 93628 calling for a refunding bond sale on December 11, 1995. Vote: Ayes 5, Nays 0. is Callahan asked what interest rate could be obtained. Drude said the City would be replacing interest rates of 6.25% to 8.25% with an estimated 4% to 4.8% interest for a similar length of time. Kelley asked if the bond was in one series. Drude said the resolution was in one series for cost savings but would be separarated out later for bookkeeping purposes. The new bonds would also have a call option. 1 or MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13, 1995 APPROVAL OF MINUTES • ( * #3) REGULAR MEETING OF OCTOBER 23,1995 Hurr moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of October 23, 1995. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Park Commissioner McDermott reported that Highwood Nature Trail was at the point of completion. The sign and picnic table will be installed in the spring. McDermott said the Saga Hill Group has reported they are proceeding with their grant applications. The group has 30 grant proposals out for consideration. The Council was informed of the Park Commission plans for access to the Lowry Woods Nature Area. McDermott said City Attorney Barrett had reviewed the private access and found that no legal access existed to the nature area. Under consideration is the purchase of a small corner of land which would provide access to area. The corner of land is separated from the main parcel of land by the county road and is possibly of no use for its owner. Easements would probably be required if this option is possible to gain a pathway into the trail area. McDermott asked Council for their direction. The Council members were in agreement on looking at the options available but felt more • information was required for review. Callahan suggested the Commission inquire about the availability of the corner piece of land. McDermott informed the Council that the Park Commission's majority did not want the Luce Line to be paved but left in its current state. The Park Commission would like the Council's concurrence in order to represent the City at the meetings regarding this issue. Callahan asked to discuss the issue under the agenda item. Hurr said she was in support of paving the trail. PLANNING COMMISSION COMMENTS There was no representative of the Planning Commission present. PUBLIC COMMENTS Darcy Otto asked that the recent penalty assessed on the Otto's after- the -fact application be reconsidered due to the large engineering costs already incurred by the Otto's. No motion was made by a Council member for reconsideration. Callahan informed Otto that the penalty was a matter of policy, and he was inclined to maintain the penalty. 2 a MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13,1995 ZONING ADMINISTRATOR'S REPORT (#4) JOHN O'SULLIVAN, 3340 SHORELINE DRIVE AND 2420 SHADYWOOD ROAD - COUNCIL DIRECTION Mabusth asked the Council for their direction regarding the expanded food service use being offered at O'Sullivan's in Navarre. The original floor plan was reviewed, which was approved for refrigerated food displays, four seating tables, and food preparation on site requiring a health department permit. There presently is a new independent counter service area with stools. The seating has decreased from 16 to 8. An espresso bar has been added. A cashier is available at the food service counter. Mabusth said a service window was being installed this summer and construction was stopped by the building inspector for lack of a permit. Mabusth asked the Council if they saw any need for a conditional use permit for the increased food service. Jabbour and Goetten said they saw no problem with the food service area. Kelley asked what was approved under the original site plan for seating. Mabusth reviewed the floor plan approved with the land use application. The application was approved for multiple uses with gas and food. Kelley asked about the adequacy of parking and tying in seating to parking stalls. • Mabusth said a variance had been approved due to the inadequate number of stalls. 11 Goetten suggested no further expansion be allowed. Callahan said Staff could determine the current status of the seating and set a limit. Mabusth responded that there was the actual decrease in seating but only an increase in food service. Jabbour said the City should not prohibit merchants from making changes within their stores. He added that a store is required to keep up with market changes to stay profitable. Hurr asked how the service window would work. O'Sullivan said it would be a sliding window for walk -up service only. Goetten asked if there was adedquate parking for this service, and O'Sullivan said that there was. Callahan said there may be a time where parking could become a problem and asked Staff to keep watch over the traffic flow. He suggested taking pictures of the current layout of the store. O'Sullivan asked if a conditional use permit would be required for the window and was told no. He was informed he could go ahead with installing the sliding window. The issue of exterior storage use at the Martin station was addressed. O'SulIivan has until May 1, 1996 to cease the temporary storage use at the station property. 3 s MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13, 1995 f" - Tnh_n (,Gillian rniinril TiirPrtinn _ (nntim�a�l • Goetten mauired about a possible purchase of the church property by O'Sullivan. He _ _ informed her that he has an option to purchase the property contingent on rezoning. Four potential site plans are currently being drawn. O'Sullivan said he would meet with City Staff once the plans are done. Plans include retail and office space. A meeting will also take place with neighbors of the property. ( * #5) #2022 R. MELAMED/R. LAUER, 920 OLD CRYSTAL BAY ROAD SOUTH - FINAL SUBDIVISION - RESOLUTION #3629 Hurr moved, Goetten seconded, to adopt Resolution 93629. Vote: Ayes 5, Nays 0. ( * #6) #2031 BRUCE R KELLY, 2340 FOX STREET - PRELL UNARY SUBDIVISION - RESOLUTION #3630 Hun moved, Goetten seconded, to adopt Resolution #3630. Vote: Ayes 5, Nays 0. ( #7) #2057 JAMES NYSTROM, 1745 CONCORDIA STREET - VARIANCES - REQUEST FOR RECONSIDERATION Mr. Nystrom and his architect, Greg Frazee, were present. Gaffron reported that the Council had moved to reconsider the application at the October • 23 meeting. The existing house with deck is mainly located within the 0 -75' zone with a detached garage and driveway. The initial Planning Commission review lead to applicant proposing removal of the house and garage and replacement. The Council approved the application with conditions that no encroachment of the 0 -75' zone occur and minimum 10' setbacks be met on each side of the home. The applicant requests a variance for a lesser sine setback. Frazee commented that the applicant responded to the requests of the Planning Commission to meet certain requirements. The application was then unanimously recommended for approval by the Planning Commission but rejected by the Council. Frazee was of the opinion that the Planning Commission saw the many positives that would take place with the proposal for the property, but the Council did not do the same. Frazee reviewed the current layout of the house and garage on the lot. The house is located 23' from the shoreline and 1.6' from the side setback with the garage on the lot line. The neighboring house is located on the lot line. Frazee said Nystrom liked the closeness to the lake but saw the need for update and realized the problem with hardcover during the Planning commission review. The proposal was then amended to include a new house built at the 75' line. The garage, which is currently side loading with alot of driveway hardcover, would be centered on the lot with one parking stall off to the side eliminating the majority of the hardcover. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13, 1995 • ( #7 - 400';7 Tamar Nvctrnm - ('nntimiiPrl) Frazee said the problem with meeting the side setback lies with the desire to keep a low profile_ an understated cottage look_ so as not to dominate the neighborhood. To decrease the floor plan would cause the applicant to build a two -story to gain the needed space. Frazee asked the Council to reconsider their decision, taking into account the benefits gained by the proposal, concessions and expenses made, especially the house being moved out of the 75' zone. Nystrom commented that the house and .garage as they exist are contrary to the City comprehensive plan. He felt he was taking a proactive approach with his proposal. Nystrom said he was only asking for 12" to maximize his space as he does not wish to have a two -story home. Callahan noted that the three Council members present at the prior application review were Kelley, Hurr, and himself. Ga$ion added that there was also the issue of the overhang. The code allows for a 1 -1/2' overhang. The proposed overhang is 2.2' with the additional 6" variance resulting in a 7- 1/2' setback from the drip line to the lot line. With the additional variance, Gaffron said there is still a better setback from the south but closer on the north side. It was noted that one side of the residence is available for emergency vehicles to go around. • Hurr said, because in replacement we consider this as a new lot, she saw no hardship to allow the house to not meet code. Even with the positive changes, Hurr felt it would set a bad precedent to allow the variances. Callahan noted that with the bad situation as is represented by the property now, the changes result in many positives. Frazee added that the applicant was also taking a perfectly good garage and rebuilding it to meet hardcover goals. Goetten questioned why the house cannot be redesigned as the overage is only 6" on each side. Frazee said the interior would be affected by P and would result in too narrow a headroom in the master bedroom with the slanted walls. The master bedroom width was said to be 15' with the slope beginning at 4'6 ". Nystrom said he realized the Planning Commission and Council made exceptions in other cases and asked that it also be done here. A neighboring property was cited as an example but noted to have gained a variance due to a drainage problem. Hurr commented that a variance requires a condition under which there be a hardship, not self-created. Frazee reitereated the need to maintain a low profile and not overpower the neighborhood. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13, 1995 ( #7 - #2057 James N. A Stroh - Cor1tiniiPrl Goetten asked Nystrom what his rationale was for the hardship. Nystrom said he desired • a cape cod stvle home with the master bedroom on the second story. Frazee called it a modified shingle style. The design of the roof when reduced would result in a less effective master bedroom. Nystrom said the tradeoffs of the proposal were so positive that he did not feel the side setback variance should be denied. Kelley said he would reconsider the application. Kelley moved, Callahan seconded, to approve Application #2057 for the 6" side setback variance and a 26" overhang for a 8" variance and an overhang encroachment of 1.2'. Gaffron explained the need for the secondary variance for the overhang. Hurr asked what the hardship_ was for the overhand. Frazee said the main concern was with the slope. He asked to have both variances granted but said the overhang could be adjusted. Callahan said he could recall 6 -8 homes along this immediate shoreline who were granted variances. With the numerous positive changes of this proposal, Callahan said he was inclined to grant the variances for this application. Jabbour said he had a problem with the eaves, noting the need for space for emergency vehicles, but saw the wisdom to grant the 6" variance. Vote: Ayes 2, Kelley, Callahan; Nays 3, Goetten, Hurr, Jabbour. Motion denied. • Kelley moved, Callahan seconded, to approve the application for the 6" variance with the eaves meeting code. Vote: Ayes 4, Nays 1, Hurr. ( * #8) #2061 ARNE WASBERG, 3134 NORTH SHORE DRIVE - VARIANCE RENEWAL - RESOLUTION #3631 Hurr moved, Goetten seconded, to adopt Resolution #3631. Vote: Aves 5, Nays 0. ( #9) #2065 MARFIELD/HILL/TOLES, 2455/2425/2435 SCOTCH PINE LANE - VACATION OF SCOTCH PINE LANE - PRELIMINARY SUBDIVISION APPROVAL (RE -PLAT) - RESOLUTION #3632 Callahan excused himself from the discussion of this application as it was his desire to abstain from voting since he lived in the neighborhood. Gaffron reported that the application was for the vacation of Scotch Pine Lane, a public dedicated road, and the replat of the Dicon addition, which was subdivided in 1974. This subdivision occurred prior to the 1975 code requirement of two acre lots. The road meets current standards. 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13, 1995 ( #9 - #2065 Scotch Pine Lane - Continued) • Kelley inquired if the Hill's had lakeshore property. Gaffron said the lot to the lakeshore was a narrow stria. The Hill's had two separate tax statements. Gaffon said an outlot was created by the shared driveway serving the Hill and Marfield properties. The road when vacated would be split up between the three parties. The Hill's would then have one lot. A portion of the cul -de -sac would become part of the Toles property, who will have a new driveway off of CoRd 51. In discussions with the Long Lake Fire Department and the City Engineer, the emergency access was reviewed. The current layout is excellent for emergencies but the fire department determined, with additional driveway width, the vacation could occur and still allow room for emergencv vehicle staging. The Citv Engineer initially questioned this decision and recommended denial. He raised the issues of wetland easements and definition, and drainage. It was determined that the current catch basin would be eliminated and filled in to allow for overland drainage. Gaffron reported that the Public Works Director and Orono Police Department reviewed the oronosal and recommended approval. The Citv would no longer be required to maintain the road. As part of the packet, documentation provided by the applicants notes the problem with the public attempting to gain access to the lake via Scotch Pine Lane, • which has no access. The Hennepin County Public Works Department has also given their preliminary approval. The Planning Commission recommended approval by a 4:1 vote. CJ Gaffron said there was a problem with the high number of utility easements in the area and the concern with sewer lines and connections. This would need to be addressed prior to final approval. Gaffron noted that the power line running along the perimeter lot line falls outside of the proposed 10' easement. It was further noted that the owners would give the necessary easements. Gaffron was asked if the City was attempting to clean up the utility easements because of the proposal. Gaffron said it was brought up by the vacation but the need was there for the easements to be addressed. Gaffron questioned the vacation of the public road and the replat. He noted rural zoning required two acre parcels for any new development. Also, any new development would require a private road to be built to the standards which this road currently meets. Gaffron questioned vacating and eliminating a road that would be required today to serve these three lots. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13, 1995 ( #9 - #2065 Scotch Pine Lane - Continued) • proposal P Jabbour said when the ro osal is completed, the road would only be used by two nronerties. not three as it is currently, and would meet code. He also added that the proposal presents a major contribution to hardcover reduction. Gaffron asked that the Council note the findings that this situation is unique if they wish to allow the vacation to occur without setting. a precedent. Gaffron also added that the outlot results in the Marfield property becoming a backlot. It would no longer abut a public or private road but a driveway. This would require meeting the 150% area and setback standard. He also noted the lot sizes of the three parcels. Hurr said she saw no problem with the proposal and asked that the applicants pay for any easement resolution and the vacation. It was noted that this vacation approval is conceptual, and the re -plat requires preliminary approval as well as final approval. Goetten asked Gaffron if he approved of the proposal. Gaffron said he was here to represent the code. From a general concept, he did not feel the proposal met code but would require specific findings for approval in order to avoid setting a precedent that might result in other existing 3 -lot cul -de -sacs asking for the same thing. • Jabbour commented that the property had good drainage. Goetten said if NSP had placed their power lines in the wrong place, it would probably be their responsibility to correct it. Gaffron said he did not believe the power lines would affect the driveway. Toles said that whatever it takes to gain approval to remove the hardcover was satisfactory. Jabbour informed Toles that he should move the easement in case Toles would pursue remodeling of the home in the future. Hurr moved, Goetten seconded, to approve preliminary replat, conceptual approval of the vacation of the road, and asked Staff to bring back to Council for final approval noting the property owners to pay for costs incurred. This approval is for Resolution #3632 as drafted. Vote: Ayes 4. Nays 0. Abstain 1. Callahan. ( #10) #2066 ROBERT AND ERIS WAADE, 1487 SHORELINE DRIVE - VARIANCES /CONDITIONAL USE PERMIT - RESOLUTION #3633 Robert Waade was present. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13, 1995 ( #10 - #2066 Robert and Iris Waade - Continued) Gaffron reported that the application was for a number of variances and additions to a home located on the east side of Shoreline Drive. The house is located within the 0 -75' zone. The original proposal was to add a second story to the home with a 10:12 pitched roof. The Planning Commission said that this would be too much for the lot and could not recommend approval. The applicant then came back with a proposal for just a pitched roof over the existing one -story home with a number of additions. The carport area is to be built in and used as living space. The garage would be added onto to create a third stall. There would be a bump out in one area, and the entry way would be squared off. There would also be an angled addition. The roof would also be pitched over the carport area. No height variance is required. The side setback requirement is 30'. The garage is currently at 8' and is proposed at 16'. The carport bump out is located at 19' where 30' is required. The entry way and roof overhang is located in the 0 -75' zone. Regarding the average lakeshore setback line, the house to the north does not view the property. The house to the south already has limited view. The Planning Commission did not feel this was an issue. The hardcover of bituminous walkway located under the deck would be changed to a non - hardcover of gravel with no underlayment. A back out apron and parking area would be created eliminating the loop. Hardcover in the 0 -75' zone would decrease from • 39.18% to 36.14 %. Hardcover in the 75 -250' zone would decrease from 16% to 9.25 %. The lot coverage by structure is proposed at 15.37% where 15% is allowed. Waade noted that the 4' overhangs would be eliminated and rebuilt to 1-1/2'. All of the additions are within the original overhang depth. Hurr asked if there was any way to keep the lot coverage within the 15% allowable. Waade said he made an attempt to do so but was unable to create a functional floor plan. The garage area would be increased from 2 stalls to 3 with one stall being 30' in length. It was noted that there are no storage sheds. on the property. Gaffron reported that the .37% overage in lot coverage amounts to 100 s.f. Hurr said it was her opinion that the lot coverage should meet the 15% allowable. Waade asked if the overhang was considered. Gaffron explained that the overhang is not included in either the hardcover or lot coverage calculations. Goetten said she appreciated the concern with the lot coverage exceeding 15% but looked at the significant improvements to the property. She expressed her appreciation of the proposal. • Goetten moved, Jabbour seconded, to adopt Resolution #3633. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13, 1995 ( 910 - #2066 Robert and his Waade - Continued) Kelley commented that the hardcover in the 75 -250' zone, while being reduced from 15.96% to 9.25 %, is allowed at 25 %. He was concerned with the owner's ability to add hardcover in the future up to the 25% allowable. It was noted that condition #2 of the resolution stipulated that the hardcover in this zone could not exceed 9.25% without further approval by the Council. Vote: Ayes 5, Nays 0. ( * #11) #2074 JOHN AND KRISTEN GEHRING, 1687 CONCORDIA STREET - VARIANCES /CONDITIONAL USE PERMIT - RESOUTION #3634 Hurr moved, Goetten seconded, to adopt Resolution 93634. Vote: Ayes 5, Nays 0. ( * #12) #2075 HOWARD R. ALTON III, 1635 CONCORDIA STREET - CONDITIONAL USE PERMIT/VARIANCE - RESOLUTION #3635 Hurr moved, Goetten seconded, to adopt Resolution #3635. Vote: Ayes 5, Nays 0. (Hun was excused from the meeting at this time.) ( #13) #2079 RICK PERRY, 440 WILLOW DRIVE SOUTH - VARIANCES • The applicant was present. Kelley asked if the amended proposal should be referred back to the Planning Commission. It was decided to proceed with the review. Mabusth reported that the original proposal was for a 24'x23' addition to the existing garage, which is located in front of the principal structure. The original proposal involved an oversized accessory structure, which exceeded the 1000 s.f allowable footprint. The original variance of 1978 approved a 5' setback for the existing garage. The Planning Commission did not address application's proposal to amend agreeing to bring the garage addition area of structure under 1000 s.f.. The structure will be between 750 and 1000 s.f and would require a 15' side setback. The footprint variance is no longer required. Mabusth said the applicant felt that the Planning Commission did not consider his request to amend the proposal. The applicant was willing to reduce the size but would still require the side setback variance and variance for the intensification of the addition in front of the principal structure. • 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13,1995 ( #13 - 92079 Rick Perry - Continued) • Mabusth noted the elevations of the property. The ability to gain access to the rear of the property is very tight. The only gently sloped area is in the rear and is needed as an alternate septic site. This leaves the only suitable area for expansion within the street yard. The amended addition at 20'x22' would be redesigned to minimize the height from the street and side. Mabusth noted that all of the neighbors have signed off on their acknowledgement forms. Callahan and Goetten said they were both at the Planning Commission meeting and did not feel that the Planning Commission erred in their actions. Callahan commented that the addition is the same as requested in the 1970's. Mabusth said the additional area is needed for the applicant's collector cars and storage needs of a maturing family. Jabbour said he saw enough hardship to place the structure in front of the principal structure with the narrowness of the lot for a side setback variance. He believes the applicant has the right to the garage, and the location is satisfactory due to the topography of the land. is Mabusth said the Planning Commission questioned how much accessory structure should be necessary. She did note, however, that the addition would still keep property under the allowed total area for accessory structures on this property. Callahan said an approval would not be granted for other reasons such as business use if not used for the applicant's collection. Perry said it was his desire to keep his vehicles and equipment stored inside. He would like to remain living on this property and would be willing to enter into a covenant calling for elimination of the structure if he moved. Goetten said she was concerned with additional structure. Perry said the property would not support any more structure. Jabbour said he had no problem with the application. Mabusth noted the applicant proposes reduction in structure size, the planting of landscaping and minimizing the roof line. She also said the applicant was willing to execute a covenant to remove the structure if he moved. The Council did not want such a covenant. Kelley moved, Goetten seconded, to approve Application #2079 and directed Staff to prepare a formal resolution for Council action at the November 27, 1995, meeting. Vote: • Ayes 4, Nays 0. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13,1995 ( #14) #2081 PATRICK AND NANCY WALSH, 1390 REST POINT ROAD - VARIANCES - RESOLUTION 93636 • The applicants were present. Mabusth reported that the application is for two side additions to the east and west of the residence located out of the average lakeshore setback area and out of the 0 -75' zone. An addition is proposea at the entrance of the residence for a rooiea porch. i ne proposal also includes an expansion of the upper level, above the garage, and expansion of two bedrooms, all within the average lakeshore setback by 6' and in the 0 -75' zone. The expansion is over the first floor structure. Mabusth noted that the applicant had reviewed Stasis findings prior to the Planning Commission meeting and had voluntarily amended his original proposal also prior to the meeting. The amended plan reduced the proposed lot coverage from 21.4% to 19.9 %. No change was made in the 0 -75' zone. The upper level expansion is located within the substandard street setback, 20' from the street line, requiring a variance. A hardcover variance is also required for the 75 -250' zone. The side setback requirements are met by the proposed additions. Mabusth noted the small lot size. The applicant has proposed reductions in hardcover with removal of the landscaping with plastic underlayment as well as a grade level deck used for storage. Hardcover in the 75 -250' zone exists at 40.2% and is proposed at . 51.5 %. The original proposal was for 56.3 %. The proposal results in a variance of 26.5 %. The entry area will be roofed by extending the garage roof over the stoop area. Walsh said this would allow for protection of the entry from ice buildup which occurs with the flat roof on it now. The garage roof elevation is lower than that of the peak of the existing house. Goetten said everyone deserves a kitchen and a fufl bath. Jabbour agreed. The applicants were asked how they lived without either for 17 years. Callahan said the Planning Commission remarked that the additions are ones that should be in a house. He added that since the lot was deemed buildable, the applicants should be allowed the amenities. Kelley said he understood the need for the additions but was having difficulty with approval due to the encroachments. Jabbour moved, Goetten seconded, to adopt Resolution #3636 as proposed. Vote: Ayes 4, Nays 0. is 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13, 1995 MAYOR/COUNCIL REPORT • Jabbour asked Mabusth to report on findings at the former gas station at 1960 Shoreline Drive. Mabusth said there were reports of work being done on the property. A man was found working on the building and had said the County had given him approval to do so. Mabusth said the County had received the land through tax forfeiture in July of 1995 and had the right to make use of the property. Mabusth informed the County that the property was in residential zoning and noted the resolution on the title that restricts the use of the property. The County said they were unaware of the residential zoning for the property. Jabbour commented that the abandonment of the gas station was logged as being over the year allowed to regain the temporary non - conforming use and reverted back to the residential zoning. It was then found that repair on the roof was continuing in violation of the stop order. Mabusth again contacted the County, who stopped the work in process. It was noted that the property would come on the tax forfeiture fist in December, 1995. Mabusth noted the neighbors were concerned over the pollution, adding that the pollution needed to be cleaned up. Kelley said this falls under the attractive nuisance heading, and the County should be informed. (Jabbour was excused from the meeting at this time.) Callahan asked Moorse about an appointment of a representative to a committee possibly with the watershed. Moorse said it was originally a public information committee and • then the Long Lake water quality project coordination committee, which was functioning until about one year ago. Callahan said a member of the Park Commission was asked to be on a citizens advisory committee, and he was unable to determine if this was the same committee. Moorse said he thought it was another committee. • ENGINEER REPORT ( * #15) PAY REQUEST #1 - OLD CRYSTAL BAY ROAD BIKE/HIKE TRAIL Hurr moved, Goetten seconded, to approve Pay Request #1 for the Old Crystal Bay Road Bike/Hike Trail to Hardrives, Inc., in the amount of $45,806.24. Vote: Ayes 5, Nays 0. ( * #16) PAY REQUEST #2 AND FINAL PAYMENT - NAVARRE LIFT STATION NO. 7 Hurr moved, Goetten seconded, to approve Pay Request 42 and Final Payment for the Navarre Lift Station #7 to Ford Construction Co., Inc., in the amount of $51,387.71. Vote: Ayes 5, Nays 0. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13, 1995 (* #17) PAY REQUEST #2 - WILLOW DRIVE STREET IMPROVEMENTS n seconded to approve Pa Request #2 for the Willow Drive Street • Hurr moved, Goette pp y q Improvements to Buffalo Bituminous in the amount of $57,824.89. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT ( #18) POLICE AND FIRE SERVICE CONTRACTS WITH THE CITY OF LONG LAKE Moorse reported that the contracts were for one year extensions of the three year agreements for Orono providing Long Lake with police service and Long Lake providing Orono with fire service. Callahan asked that this issue be addressed at the next Council meeting. Kelley asked for figures on what the percentage of cost for Orono was of the police and fire budgets, whether it was going up or down, or if it was being tracked. Kelley said if Orono was paying more of the total budget, the City should know. Callahan moved, Goetten seconded, to table this item to the November 27, 1995, meeting of the Council. Vote: Ayes 3, Nays 0. . ( #19) DANGEROUS WEAPONS AND ARTICLES - ORDINANCE AMENDMENT Kelley asked Moorse how this amendment would affect hunters and if a permit would be required. He questioned if this pertained to private property. Barrett said no hunting is allowed within a municipality. Kelley clarified that this amendment would mean that no hunting would be allowed on private or public property. Moorse said the present ordinance says a person cannot discharge a firearm without a permit. The City's concern is with a person carrying a shotgun and the lack of control the City has over carrying of weapons. Kelley said he would like more information on the ordinance. He is concerned about such uses as on the firing range and walking off the range onto private property and being in violation of an ordinance. Barrett said the wording of the ordinance did not flow and needed revision. It was suggested that Moorse work with Barrett on rewriting the ordinance. • 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13, 1995 ( #19 - Dangerous Weapons Ordinance Amendment - Continued) • Callahan moved, Kelley seconded, to table consideration of this issue. Vote: Ayes 3, Nays 0. ( #20) 1996 SEWER AND WATER FEES Moorse reported staff recommended a 3% increase in the sewer and water fees at the last budget work session. Moorse provided a summary for the Council of the projected costs for improvements of the water plant. It was determined that this expense could be handled over multiple years if the water fees were annually increased a reasonable amount. Goetten asked if the cost would have to be paid over one year, how it could be budgeted over a different time length. Moorse said an in -house loan would occur and be paid back through the increased water fees. Callahan noted the high cost of the proposed improvements. Moorse commented that the water treatment plant was 25 years old and has never received any updating up to this time but now required maintenance. He is discussing with other cities with similar water treatment plants, who have gone through rehabilitations, to see what can be done to save money. • Kelley asked what amount was in the fund. Moorse said the balance was about $70,000. Kelley said it would take a 2.4% increase just to keep up with normal cost increases and was concerned it would not cover the rehabilitation needed. • Moorse said the cost of sewer per quarter would increase from $69 to $72. Water fees in the Navarre area would increase from $20.10 to $20.70 and from $1.71 to $1.76 per thousand gallons. Callahan said as a practical matter, he saw that the increase was necessary. Callahan moved, Kelley seconded, to approve a 3% increase in water and sewer fees to be reflected in the 1996 Fee Schedule. Vote: Ayes 3, Nays 0. ( #21) NON -UNION COMPENSATION FOR 1996 - RESOLUTION #3637 Moorse reported that the adjustment is for non -union compensation for 1996 for pay and insurance contributions. The general pay increase is proposed at 2.85 %; insurance contribution increase from $301 to $313.50 per month; and mileage increase from $0.29 to $0.30 per mile. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13, 1995 ( #21 - Non -Union Compensation for 1996 - Continued) is Callahan noted that the pay raise and insurance adjustment is in conformity with the police contract. The mileage change is similar to what has been previously done and is consistent with IRS mileage reimbursement rate. Callahan moved, Kelley seconded, to adopt Resolution #3637 approving the 1996 non- union employee compensation adjustments as outlined in the Request for Council Action. Vote: Ayes 3, Nays 0. ( #22) JOINT POWERS AGREEMENT - WEST HENNEPIN RECYCLING COMMISSION - RESOLUTION #3638 Moorse reported that the main portion of the agreement regards the coordinator's salary and extends the agreement through 1999. Orono's share to the commission for the coordinator's salary is $2700. The coordinator also handles the household hazardous waste collection and Goodwill recycling efforts. Gerhardson noted that the commission originally started with only a couple cities and has expanded to the present seven cities. Kelley moved, Callahan seconded, to adopt Resolution #3638 extending the term of the West Hennepin Recycling Joint Powers Agreement to December 31, 1999. Vote: Ayes 3, Nays 0. ( #23) KELLY AVENUE EASEMENT ACQUISITION • Moorse reported that in replacing the sanitary sewer line along with raising the road on Kelly Avenue, there was found a need to realign the sewer line which will require easements. Gerhardson said this change will reduce the total amount of line needed and will move the line out of the low area onto dry land. He did not know offhand the budgeted amount when asked by Kelley. Callahan asked if the homeowners wanted the line moved. Gerhardson said the person who was impacted the most by the change was in agreement. Moorse commented that the storm sewer was more of a controversial item than the issue of the sanitary sewer. Callahan said his main concern was with informing the homeowners of this change. Gerhardson informed Goetten that the installation would be performed by City employees. The additional cost would be for the extra 100' of pipe. Kelley asked if the $4680 would be recouped. Gerhardson thought there would be a savings. Moorse said, in terms of maintenance and I &I, there would be a significant savings. 16 9 • n �J MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13, 1995 ( #23 - Kelly Avenue Easement Acquisition - Continued) Callahan moved, Goetten seconded, to authorize the acquisition of sanitary sewer easements for sewer line replacement on Kelly Avenue for an amount of $1.00 per s.f and that the monies to purchase the easements will be funded through the Sewer Operating Fund. Vote: Ayes 3, Nays 0. ( #24) LUCE LINE TRAIL - LONG TERM PLANNING PROCESS - RESOLUTION #3539 Callahan reported on the upcoming meeting planned by the DNR on long term planning for the Luce Line Trail. Moorse said the DNR would like to receive input from the Council regarding the future of the Luce Line Trail. McDermott said the majority of the Park Commission would like to maintain the limestone base. He said the DNR was interested in hearing from the different types of users. McDermott said the people spoken with by the Commission liked the natural setting. Council noted that in -line skaters have the Baker Park trails, as well as the Orono trails, to use. Kelley said he would prefer to have a natural trail. Goetten agreed. It was noted that Hurr had earlier noted her preference for paving the trail. Callahan said a representative would need to attend the meetings. Several Park Commissioners have volunteered to do so. Callahan moved, Goetten seconded, to approve Resolution 93639 informing the DNR, after consideration and taking the pulse of the citizens, the vast majority of the Park Commission, Planning Commission, and City Council recommend the Luce Line Trail remain as it is. Vote: Ayes 3, Nays 0. CITY ATTORNEY'S REPORT Barrett requested an Executive Session. ( * #25) LICENSES Hun moved, Goetten seconded, to approve the following licenses: Vote: Ayes 5, Nays 0. Home Occupation License Dale McCurdy Initial Review 4041 North Shore Drive 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 13,1995 ( #25 - Licenses - Continued) Gambling Permit Resolution #3640 ( * #26) BELLS Lions Mound Northwest Tonka Club Navarre Lanes 3435 Shoreline Drive Hurr moved, Goetten seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT Mayor Callahan adjourned the meeting at 9:42 p.m. , Edward J. C alro, Jr., Mayor ATTEST: 18 r� LJ •