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HomeMy WebLinkAbout07-11-1994 Council MinutesI MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING • HELD JULY 11, 1994 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Jr., Councilmembers J. Diann Goetten, Charles Kelley, JoEllen Hurr and Gabriel Jabbour. The following represented staff: City Administrator Ron Moorse, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron, City Attorney Thomas Barrett, City Engineer Glenn Cook and Recorder Lin Vee. Mayor Callahan called the meeting to order at 7:30 p.m. ( * #1) CONSENT AGENDA Hurr requested that Approval of Minutes be removed from the Consent Agenda. Jabbour requested that Item #7 be added to the Consent Agenda. Mayor Callahan added Item #8 and removed Item #3 from the Consent Agenda. It was moved by Hurr, seconded by Jabbour, to approve the Consent Agenda as amended. Ayes 5, nays 0. ( #2) APPROVAL OF MINUTES is Hurr asked that the statement in the third paragraph of page 5 which reads "Hun stated that the charter boat at Lakeside has been leased four times this summer and is presently parked at Crystal Bay Service." be changed to read "Hun stated that the charter boat at Lakeside is presently parked at Crystal Bay Service and has been used several times this summer. " as she had no knowledge of the number of times the boat was leased. It was moved by Jabbour, seconded by Kelley, to approve the Minutes of the June 27, 1994 City Council Meeting as amended. Ayes 5, nays 0. PARK COMMISSION COMMENTS There were no comments from Alex Vongries, the Park Commission representative. Goetten inquired about the status of the Park Survey. Moorse responded the survey is in the process of being completed and results should be available by the end of August. PLANNING COMMISSION COMMENTS - Sandy Smith, Representative. There were no Planning Commission comments. • 1 r MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD JULY 11, 1994 • PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATORS REPORT ( 0) a. #1903 ERNEST LENMIERMAN, 1297 WILDHURST TRAIL - SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION NO. 3448 b. #1911 ERNEST LEMMERMAN, 1297 WILDHURST TRAIL /4620 TONKAVIEW LANE - VARIANCE - RESOLUTION NO. 3449 Mr. and Mrs. Ernest Lemmerman were present. Mayor Callahan explained that the reason he removed this item from the Consent Agenda was because he received a letter from the neighbor and felt this should be commented on prior to approving the resolutions. Mabusth commented that she had asked the neighbor to write this letter prior to the Planning Commission meeting in May because the neighbor had several concerns relating to the proposed lot line rearrangement. Mr. Lernmerman had hoped to do a lot line rearrangement with Mr. Hickey but was unable to reach an agreement between the filing of the first sketch plan review • and the completion of the current application, approximately five years. Mabusth noted the new division runs along the natural topographic boundaries. The northern lot has limitations because of bluff areas. The Planning Commission felt they could not deny the application on the basis of the bluff issue because they had encouraged Lemmerman to proceed with his plans prior to knowledge of the bluff impact. They thought it would be better to wait until an application for a building permit was received, knowing there would most likely be a need for variances for encroachment into the bluff area, and they could then consider approval of a building envelope. Mabusth reviewed the conceptual approval granted by Council before discovering the bluff impact issue. The southern elevations are more consistand with the elevation of applicant's homestead parcel leaving the remainder as a building site to the north. Kelley added that sewer had been assessed to the northern lot and Council had been fairly consistent with allowing sewered lots to be buildable. Hun noted this was a tax forfeit lot and normally a substandard lot would be required to be combined with an adjacent lot. Mabusth responded that was the policy before the City Attorney advised that when lots are sewered, they should be dealt with separately. 2 • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING • HELD JULY 11, 1994 ( 0) #1903 & #1911 ERNEST LENEWERMAN (CONTINUED) Mabusth confirmed with the City Attorney that the City, when dealing with lot area variances, could not condition approval on granting no future variances. Mayor Callahan noted that the resolutions would put any future owners on notice of the restricted building envelope. It was moved by Jabbour, seconded by Mayor Callahan, to adopt Resolution No. 3448 approving the lot line rearrangement of the properties located at 1297 Wildhurst Trail /4620 Tonkaview Lane and to adopt Resolution No. 3449 granting a lot area variance to permit construction of a new residence for Lot 1 of the Lemmerman Addition for Ernest J. Lemmerman. Ayes 5, nays 0. ( #4) #1937 ERIKA AND HERBERT F. KAHLER, 2725 RAINEY ROAD - VARIANCES - RESOLUTION NO. 3450 Mr. and Mrs. Kahler were present. Mr. Kahler asked Council to consider the alternative resolution for a variance to build a full size tennis court. • Mabusth explained that the City Engineer has reviewed the revised grading plan and confirmed that drainage will be directed to the northeast and away from the toe of the mound. Stephen Weckman agreed that a 10' setback would not be required if the drainage were directed away from the toe of the mound making a 7' /z' setback acceptable. These revised grading /drainage. plans were not available for the Planning Commission to review, therefore they recommende.. i the 10' setback with a smaller tennis court. Kelley asked the applicant about his plans for moving heavy equipment across the septic. drainfield. Kahler responded they have permission from the neighbor to the east to cross thei.): driveway. A motion was made by Hurr, seconded by Goetten, to adopt Resolution No. 3450 for Hej F. and Erika Kahler which grants a variance to permit construction of a full -size tennis court to, be located 7' /z' from the side and rear lot lines of the property located at 2725 Rainey Road., Ayes 5, nays 0. ( #5) #1922 ROBERT AND ELIZABETH NIELAMED, 1000 OLD CRYSTAL BAY ROAD SOUTH - FINAL SUBDIVISION - RESOLUTION • Mr. Melamed was present. Mayor Callahan stated the only issue remaining to be discussed was the park dedication fee.. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD JULY 11, 1994 • ( #S) #1922 ROBERT AND ELIZABETH MELAMED, 1000 OLD CRYSTAL BAY ROAD SOUTH - FINAL SUBDIVISION (CONTINUED) Melamed explained that he had initiated discussions with the City regarding the purchase of the property at 1000 Old Crystal Bay Road South with the intention of having two sites because he planned to build a home for himself and one for his mother. The Purchase Agreement took approximately 60 days to develop with last minute negotiations regarding the right to subdivide immediately instead of the City's requirement to wait for five years to proceed with subdivision. There were also delays with the Met Council in obtaining the sewer stubs. In order to commence construction in the fall, Melamed chose to proceed with the purchase of one lot from the City rather than wait for a subdivision which would create two lots. He would then apply for a subdivision of the lot in 1994. In these discussions, costs were discussed but there was never any discussion relating to park dedication fees. Melamed stated that although he is a contractor, he has not worked with creating subdivisions and was surprised to receive a letter from the City requiring a $12,000 park dedication fee to complete the filing of the subdivision. He asked that the City consider setting aside this fee on the basis that if a more orderly, relaxed purchase of the property had taken place, the City would have sold the Melameds two lots instead of one. If the City had completed a three lot subdivision, selling the Melameds two lots, there would have been no park dedication fee. He added that approximately $58,000 had been spent on restoring the property to its natural habitat. is Moorse confirmed that the City had offered to create two lots instead of one for the property to be purchased by Melamed, but at that time the application for a subdivision of one lot had already been initiated. A six week delay would have resulted if the subdivision was to be created as two lots instead of one because of the requirement of re- publication. Mayor Callahan agreed that negotiations had been long and delayed by Met Council. However, the original discussions required the creation of one lot with a five year waiting period to further subdivide. Although he had no recollection of discussions relating to park dedication fees, he did not see the justification for waiving the park dedication fee. If the property had been sold to a developer, he would have been expected to pay the park dedication fee to further subdivide. Jabbour commented that Council deals with issues involving applications, engineering, permit and park dedication fees on a daily basis and did not feel notice had to be given to each applicant about all fees involved. Melamed thought the City would have sold him two lots if he had not been in a hurry to begin construction. Jabbour and Mayor Callahan disagreed stating they were not in favor of creating two lots in the beginning of negotiations. Hun questioned the amount of the park dedication fee. Mabusth explained that the Assessor does a search of comparable properties in their undeveloped condition to determine an average and arrive at a fair market value. The Assessor arrived at the value of $150,000 for this property in its undeveloped state. Hurr compared this to the park dedication fees for the • Coffin/Dickey subdivision and felt there may be some discrepancy in arriving at fair market values. El MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING • HELD JULY 11, 1994 ( #5) #1922 ROBERT AND ELIZABETH MELAMED, 1000 OLD CRYSTAL BAY ROAD SOUTH - FINAL SUBDIVISION (CONTINUED) Goetten thought that in the resolutions and memos previously sent to the Melameds the park dedication fee was mentioned. Mabusth concurred. Melamed asked if there was an opportunity to contribute additional land for parks in lieu of monies. Mayor Callahan explained it was a matter for Park Commission consideration and not up to the individual developer. It was moved by Mayor Callahan, seconded by Goetten, to adopt the resolution approving the Plat of French Lake of Orono 2nd Addition. There was further discussion by Hun regarding the determination of the value of the property. She did not feel fair market values had been arrived at consistently. Mabusth compared the Lund two -lot subdivision in which there was a $25,000 park dedication fee. She added that there was an appeal process available to Melamed to work with the Assessor and outside appraiser in determining the market value. Melamed asked if he could delay the subdivision. Mabusth explained that if the application were • tabled, preliminary plat approval would expire one year after the date of Council approval. After that time period, a new subdivision application would have to be made. Barrett stated the purchase contract would have to be reviewed to determine if there were any complications in delaying the subdivision and that there is always the risk that zoning regulations could change. Mayor Callahan withdrew his previous motion. It was moved by Hurr, seconded by Kelley, to table Application #1922 for Robert and Elizabeth Melamed, 1000 Old Crystal Bay Road South, for final subdivision approval at the applicant's request. Ayes 5, nays 0. ( #6) SHORELAND ORDINANCE - AMENDMENT OF SECTION 10.56 ORDINANCE NO. 127, 2ND SERIES Gaffron explained that the amendment was basically housekeeping revisions to the Shoreland Ordinance including: is 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD JULY 11, 1994 • ( #6) SHORELAND ORDINANCE - AMENDMENT OF SECTION 10.56 ORDINANCE NO. 127, 2ND SERIES (CONTINUED) - revisions to statutory references, - revisions to the definitions of steep slope (18% to 12%) and water - oriented accessory structures to include lockboxes, - adding the bluff impact zone to areas where live tree cutting and intensive vegetation clearing is prohibited, and - removing the French Lake North Basin and Sewage Lagoon from Natural Environment Lake status back to Protected Wetland status. Mayor Callahan expressed his concern that it was difficult to enforce tree and intensive vegetation cutting. Gaffron responded that public education was the key to protecting vegetation and without an ordinance with restrictions, there was nothing the City could do. Hun felt the ordinance was important to have in place and requiring inch - for -inch replacement may influence owners who wish to do extensive clearing. Jabbour was in favor of the Shoreland Ordinance adding that other cities seemed to have more flexibility. Gaffron stated staff would welcome input on enforcing the tree ordinances. Jabbour thought lake • area realtors should be better informed about Orono's rules. Kelley commented that the large parcels of land that are left on the lake are the ones that may be subdivided in the future causing major problems as they attempt to create clear views to the lake. He agreed with Hurr that the Shoreland Ordinance should be in the code. There is always an opportunity for property owners to apply for variances. It was moved by Hun, seconded by Goetten, to adopt Ordinance #127, Second Series, An Ordinance to Amend Certain Portions of Municipal Zoning Code Section 10.56, Shoreland Management. Ayes 5, nays 0. MAYOR /COUNCIL REPORT 1. Mayor Callahan reported he would not be at the work session/committee meeting of July 13 regarding County Road 6. He thought it appropriate to discuss proposals regarding Townline Road and the intersection of Hwy 6/12 with the cities of Maple Plain and Independence. Goetten agreed. At this time, Orono is basically giving the County permission to proceed with their plans for Townline Road. Kelley added that affected property owners should also be notified. Since options are still being discussed, those affected homeowners should have an opportunity for input. is 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING • HELD JULY 11, 1994 MAYOR/COUNCIL REPORT (CONTINUED) Jabbour suggested the City Administrator draft a letter to Maple Plain and Independeri�,-.( advising them of scheduled meetings and asking for their comments and concerns. Other members agreed. Hun was excused at 8:37 p.m. 2. Mayor Callahan expressed concern with Highway 12 traffic counts being conducted since Orono was not involved in choosing the experts conducting the test and interpreting the results. Moorse explained that Barton - Aschman would be providing the City information to review. Mayor Callahan suggested drafting a letter to Mn/DOT stating the City's position. 3. Mayor Callahan questioned a citation that was issued on Tanager. Gaffron explained tba.t: the property owners were issued a citation. They have silt fencing in place, will be re- grading back to the original grade and will provide a restoration/reforestation plan for replanting on the bluff. Although there have been no permits issued and no double feF -.;:, Gaffron thought there would be court fines to pay. Restoration will be costly and V far exceed any double fees that City could impose. Members expressed frustration wit] • granting variances to preserve trees only to find them cut down shortly thereafter. Gaffron thought the homeowners may propose a restoration plan that is less than staff feels appropriate and they may have to appeal to City Council. Jabbour suggested the next newsletter include an article relating to tree cutting, Kellc', thought the City should be pro- active instead of re- active to tree and vegetation cutting. Gaffron explained that new homeowners in the City are given a packet of informatioj when they homestead which includes tree cutting information. Kelley thought a pa(.,.kc, should be designed with the most important information clearly defined. Kell"); suggested inviting area realtors and landscape contractors into the City to discusu regulations. 4. Mayor Callahan asked about the status of the parking lot at the Crystal Bay Post Offi.( . Moorse responded the lot was proposed on the south side of the post office with si_x parking stalls. It would also provide parking for the park on weekends and evenings. As part of the lease with the US Postal Service, the City is to provide the parking 1, 4. If the parking lot is placed on the south side, a setback variance from the roadway we s i ` be required. The cost of the lot will be approximately $3,000 with additional trees planned for screening from the playground. A plan will be provided for the parking lot layout at a later date. 5. Jabbour commented that staff should be sure Confidential Attomey /Client Privilege" • information is not available to the public. Moorse stated that information was only provided to the Council as information. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD JULY 11, 1994 • MAYOR/COUNCIL REPORT (CONTINUED) Jabbour also expressed his gratitude and commended Moorse for the way he handled a recent issue with a contract city. 6. Mayor Callahan referred to a recent letter he received from an Orono resident and commended Officer Tomcheck for services he provided while on duty for the Orono Police Department. 7. Mayor Callahan and Goetten requested that action be taken in the near future regarding selection of the City Attorney. Mayor Callahan suggested this topic be the first item on the Agenda for the work session of July 18 or the following work session. 8. Mayor Callahan stressed that notices for work sessions include all topics to be discussed and reminded Councilmembers to discuss only those items published to stay in compliance with the Open Meeting Law. ENGINEER REPORT City Engineer Glenn Cook has no report. CITY ATTORNEY'S REPORT • City Attorney Thomas Barrett had nothing to report. CITY ADMINISTRATOR'S REPORT 1. Moorse suggested scheduling a work session to discuss the 1995 Budget on Monday, August 1, 8:00 a.m. Members agreed. Kelley asked to see 1994 revenues and expenses- actual vs. budgeted at the next Council meeting. Moorse stated the expenses would be available but revenues are still being compiled. Kelley asked what the goal would be for having these figures available at the close of the quarter. Moorse thought they should be available by the 15th of the following month. 2. Moorse stated Minnetonka Beach is advertising for a Clerk/Administrator and inquired if Council felt Orono should look into any further cooperative /sharing of services. Kelley did not favor contracting any additional services until the City could verify that the internal costs incurred in providing services are being recovered. Mayor Callahan did not object to offering some help during this interim period. He added that Minnetonka Beach had inquired about a water tower some time ago and this issue could be revisited. 8 is °„ -' MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING • HELD JULY 11, 1994 CITY ADMINISTRATOR'S REPORT (CONTINUED) ( *#7) STEP INCREASE OFFICER JAY DEMBOUSKI It was moved by Hurr, seconded by Jabbour, to increase Officer Jay Dembouski's salary from $18.826 per hour to $19.391 per hour as of April 6, 1994, as per the 1994 LELS contract currently in effect. Ayes 5, nays 0. ( * #8) POLICY REGARDING THE RETURN OF A POLICE OFFICER TO DUTY DURING A TEMPORARY PARTIAL DISABILITY It ws moved by Hun, seconded by Jabbour, to accept the policy of the ORONO POLICE GENERAL ORDER - RETURN TO WORK DURING TEMPORARY PARTIAL DISABILITY dated July 11, 1994 and effective July 11, 1994. Ayes 5, nays 0. ( * #9) LICENSES It was moved by Hun, seconded by Jabbour, to approve the following license: Special Event Permit: • Four Mile Foot Race, Corn Days August 7, 12:15 p.m. - 1:00 p.m. Ayes 5, nays 0. ( * #10) BILLS It was moved by Jabbour, seconded by Goetten, to approve payment of the All Funds Account. Ayes 5, Nays 0. 0 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD JULY 11, 1994 • ADJOURNMENT It was moved by Goetten, seconded by Jabbour, to adjourn at 9:09 p.m. Ayes 4, nays 0. E ward J. Callahan, r. Mayor AT T: / orothy M. a in, City Clerk • � ]l 10