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HomeMy WebLinkAbout08-22-1994 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 22,1994 • 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. The following represented staff. City Attorney, Kevin Staunton, City Administrator, Ron Moorse, Building and Zoning Administrator, Jeanne Mabusth, Assistant Planning and Zoning Administrator, Michael Gaffron, Public Works Director, John Gerhardson, and Recorder, Sherry Frost. Mayor Callahan called the meeting to order at 7:30 p.m. ( * #1) CONSENT AGENDA Kelley requested that items #7 and #9 be added to the Consent Agenda and #16 be deleted. It was moved by Hurr, seconded by Goetten, to approve the Consent Agenda as amended. The motion carried with 5 Ayes, 0 Nays. ( #2) LONG LAKE WATER QUALITY PRESENTATION BY MCWD • District Engineer, Mike Panzer, and Manager, Tom LaBounty, of the Minnehaha Creek Watershed District, updated the Council on the Long Lake Improvement Project. Their study has been conducted and the MCWD is ready to implement the project to improve the water quality of Long Lake. The improvements were identified as 1)building a wetpond south of County Road 6 where a stream comes in. (This stream is a major contributor to the lake's external phosphorus load.); 2)renovation of two ponds in Long Lake's park; and 3)inlake aeration (to reduce internal phosphorus loading). The MCWD is looking for renewed support and passage of this proposal to continue the process. The cost of this project would be paid through a county tax levy of approximately two million dollars over a six year period. Orono's share of this cost would be 4.9% or $100,000. Council members voiced many concerns regarding the cost to the citizens and the future operating expenditures once the MCWD turns the project over to the cities. Council members also expressed concern that this project is an after - the -fact solution to the problems which occur farther upstream and the ongoing problem with runoff from fertilizers. The MCWD representatives stated that this project would improve Long Lake, Lake Minnetonka, and the Creek downstream with a 70% reduction of phosphorus. Mayor Callahan stated that although this was a good plan the Council was not ready to give their approval of this proposal at this time and would like further discussion at a later date. The MCWD expressed their desire to field calls regarding the issue. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 22, 1994 APPROVAL OF MINUTES ( #3) REGULAR MEETING OF AUGUST 8, 1994 It was moved by Hurr and seconded by Goetten to approve the Minutes of the Regular City Council Meeting of August 8, 1994 as submitted. Ayes 5, Nays 0. PARK COMMISSION COMMENTS The Park Commission representative stated the commission is waiting for the results to the park survey. A meeting will then be scheduled to discuss the survey. PLANNING COMMISSION COMMENTS The Mayor noted that a representative of the Planning Commission was not present. PUBLIC COMMENTS There were no public comments at this time. POLICE CHIEF REPORT Police Chief, Stephen Sullivan, had no comments but was present to answer any questions. Council member Kelley stated concern over school bus routing in relation to the Old Crystal Bay Road Bridge closure. He questioned whether Hanus Bus Company had been informed about the rerouting of Old Crystal Bay Road and the need for the police department to know the school bus situation with school starting. Sullivan stated Hanus had been advised of routes and arrangements have been made for early morning high- school traffic to be controlled on Willow Road allowing right -hand turns only for eastbound traffic. Students will then realize the need to take the detour to access Highway 12. Kelley also stated concern over cars or buses turning right out of Stubbs Bay Road. He foresees problems with cars coming over the hill traveling much faster than the vehicles turning onto Highway 12. Chief Sullivan stated resources were not available to police all these corners but both agreed police need to know where buses will be going and whether it will be safe. Mayor Callahan noted the receipt of letters from the North Tonka Crime Prevention Coalition and the Church of St. George regarding their appreciation of the help from the police department. • • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 22, 1994 • ZONING ADMINISTRATOR'S REPORT ( #4) #1913 GREG TRUCHINSKI, 1580 FOX STREET CONDITIONAL USE PERMIT/VARIANCE This request involves the installation of an independent tower /antenna installed without a building permit or required conditional use permit. W. Truchinski stated he received the new packet and is in accord with the recommendations. The Council had requested a receipt of fully executed Hold Harmless Agreements by property owner, Whitney MacMillan and resident, Truchinski. Mabusth stated City had not received an executed one but that David MacMillan, the most - affected neighbor, was present and had agreed to submitting a Covenant Not to Sue. MacMillan spoke of a need for the City to check into an ordinance stating height maximum to be 65 ft. after approving a height of 75 ft. He stated he will stand by his agreement, though not happy about the after- the -fact basis. He stated that the neighbors see it as unsightly and feel it brings down the value of property. Truchinski stated he is satisfied with the proposed recommendations. Mabusth clarified that per the current code, there was no height limitation as long as the setback is met. City Attorney did not necessarily agree with findings of neighbors' attorney and didn't feel • there was a conflict with the ordinance. Hurr questioned as to who is responsible for payment of legal review fees. Mabusth stated there are additional legal costs involved over the original application fee. Applicants in signing applications agree to pay for all variable costs not covered with original fee. Mabusth said there is no problem getting these fees paid as they can be put on property tax roll if necessary. Neighbors signed a petition to allow this variance because the conforming placement would be unsightly due to higher elevation.. David MacMillan read letter from impacted neighbor, Susan Norton, who did not sign the petition, stating the unsightliness and concern for property value. Kelley asked if the City has received any operational complaints since the installation of applicant's antenna. Mabusth noted that the City had received no complaints. Mayor Callahan asked for a motion. Goetten moved for denial of the after - the -fact conditional permit. It was seconded by Jabbour. 40 MINUTES OF THE REGULAR ORONO CITY COUNCIL, MEETING HELD ON AUGUST 22, 1994 ( #4) #1913 GREG TRUCHINSRI, 1580 FOX STREET Continued CONDITIONAL USE PERMIT /VARIANCE Callahan asked for recommendation from staff. Mabusth stated that the Planning Commission okayed the permit because the owner and neighbor agreed to it. If Staff were to make recommendation, the current proposal should be denied because the antenna does not meet the requirements of the code and was installed without a building permit. Motion for denial, Ayes 3 -Hurr, Tabbour, Goetten; Nay 2- Kelley, Callahan. Motion denied. ( #5) #1947 SAILORS WORLD, 1955 SHORELINE DRIVE AMENDED VARIANCE APPLICATION Mabusth stated applicant, Gary DeSantis, wished to amend an original variance application to move the storage building because it blocks the lake view of neighbor, Camilo Castellon. The 8'x20' storage module had been approved for stall #34. The Planning Commission viewed the sight and because of vegetation in the area, they considered either 16, 17, 18, 19, or 20, all located within the 75 ft. of lake. Staff asked the DNR review the amended proposal. The DNR stated stalls 19 or 20 would at least meet their 50 ft setback requirement. DeSantis was not happy with 21 as it also blocked the neighbor's view. The Engineer felt 20 was not a good option. Stalls recommended at • this point are 21 or 34. DeSantis wants to work with neighbor and keep in mind safety issues. He felt 19 would be the best solution. It was made clear by Mayor Callahan that this amendment was only being done to satisfy neighbor, and Mabusth stated this was true. Goetten reiterated the time that has been involved in placing the storage module and the need to stay within the setback parameters. It was moved by Hurr, seconded by Goetten to approve the amended variance application to allow storage module to be relocated to either stall 37 or 38. Ayes 5, Nays 0. (#6) #1951 KENDRICK B. MELROSE, 50 CRISTOFORI CIRCLE VARIANCE - RESOLUTION #3458 Gaffron reviewed the request for side setback variance for an addition to be located 31.4' from the south lot line where a 50' setback is normally required. The home is on 23 acres and is located in the southwest corner of the lot. Much of the lot is wetlands. The owner proposes to build a family room. He stated there would be no problem with view from neighbors. There are also steep slopes on the south side so there would likely be no new housing within 250 -300 feet. The existing house was placed 75' from the west lot line rather than the standard 100' through a variance granted in 1992, and at the 50' south side • setback due to the steeply sloping topography to the east and north. 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 22, 1994 ( #6) #1951 KENDRICK B. MELROSE, 50'CRISTOFORI CIRCLE Continued VARIANCE - RESOLUTION #3458 Council asked for comments from owner, Mr. Melrose. He stated that although this is a large lot, only about one acre is buildable. He looked at alternatives to avoid going against the setback but none were practical due to topography, size of family room desired, and roof structure. It was moved by Hurr, seconded by Kelley, to approve #1951 variance for Kendrick B. Melrose at 50 Cristofori Circle as recommended by the Planning Commission. Ayes 5, Nays 0. ( #7) #1955 ANDREW J. MCDERMOTT III, 2702 WALTERS PORT LANE VARIANCE - RESOLUTION #3459 Michael Graham, represented the applicant. Gaffron stated the request was for a front setback variance to construct a three - season screened porch on an existing upper level deck located on the north end of the house which would wrap around the house encroaching one foot into the required 35' setback. • It was moved by Jabbour, seconded by Hurr, to approve variance #1955. Ayes 5, Nays 0. (0) #1952 CHRISTINE FREEMAN, 2240 SHADYWOOD ROAD AMENDED VARIANCE APPROVAL - RESOLUTION #3460 Applicant, Christine Freeman, was present. Gaffron stated applicant is requesting an amendment to her setback variance. One of the requirements of the original variance was the need to meet the 25% hardcover level in the 75 -250' zone. When the snow melted in the spring, the City discovered an additional area of hardcover consisting of rock but with no plastic underneath used for parking. The applicant requested to keep this along the side, and except for a 3 ft section for storing firewood, to remove the remaining gravel behind the garage. Staff reviewed the hardcover calculations and found some inconsistencies. This recommendation would increase the percentage to 30.5% behind the 75 ft line allowing an additional 600 +s.f of hardcover. Mayor Callahan asked if in the original application, no one knew there was gravel there and the survey and measurement of the 75 -250 ft measurement was wrong. Gaffron stated yes. The applicant stated she knew there was rock there but did not consider it to be hardcover because there was no plastic underneath it. Kelley asked if this area was driven over (no) and wondered why it would be needed now. Applicant stated the additional parking was for safety reasons to be able to park off-street. Jabbour and Gaffron discussed the survey in relation to the hardcover zones. The Planning Commission recommendation • effectively allows 23.4% in 75 -250' corrected and 56.4% in 250 -500' corrected. Hurr moved for approval with Jabbour seconded. Ayes 5, Nays 0. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 22, 1994 MAYOR/COUNCIL REPORT Mayor Callahan had no report at this time. Hurr stated she would be attending a watershed district meeting. She is interested in seeing the task force's interpretation for funding. She is frustrated with the use of assessed value instead of the used acreage in determining where funding comes from. County Road 6 meeting was rescheduled for Monday, 8/29, at 8a.m. and Budget meeting rescheduled for Thursday am, 9/1. ENGINEER REPORT City Engineer was absent from this meeting. CITY ADMINISTRATOR'S REPORT ( #9) 1995 ASSESSOR'S AGREEMENT It was moved by Hurr and seconded by Goetten to approve the renewal of the assessment • contract with Rolf Erickson dba Southwest Assessing in the amount of $74,333 for the 1994/1995 year. Ayes 5, Nays 0. (410) STEP ADJUSTMENT - CAROLE HASEMAN It was moved by Hurr and seconded by Goetten to approve the step adjustment for Carole Haseman to Level 4, Step IV, at $13.032/hour effective 9/9/94. Ayes 5, Nays 0. ( #11) 1995 PRELIMINARY BUDGET AND TAX LEVY - RESOLUTIONS Mayor Callahan stated it was his understanding that the budget need not be passed until 9/15 and all concurred. He requested this item be tabled until 9/12/94 and a work session be set up prior to that meeting. It was moved by Mayor Callahan and seconded by Goetten that action on the budget and tax levy be continued to the 9/12/94 meeting. Ayes 5; Nays 0. • 0 • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 22, 199 i ( #12) REQUEST TO REMOVE ASSESSMENT FROM TAX FORFEIT PROPERTY -500 HANLON AVENUE The property consists of two lots, one vacant and one with a house. Moorse stated when the original assessment was made, it was divided in half between the two lots. The reason was so there would only be one unit. The owner only paid the assessment on the lot with the house and later sold this house and let the lot go to tax forfeiture. The new owners would like to obtain this lot tax forfeit and then build a garage on it. They would like the city to forgive the assessment since the city has done this in the past. Moorse indicated the fact that only one -half of the full assessment has been paid makes this situation different from others in which the City forgave the assessment. Hurr moved to deny the request to forgive the assessment on 500 Hanlon Avenue, Jabbour seconded. Ayes 5, Nays 0. ( * #13) REQUEST FOR UNPAID LEAVE OF ABSENCE - JAMIE BOSMA It was moved by Hun and seconded by Goetten to approve the extension of the unpaid leave of absence for Jamie Bosma to 9/5/94. Ayes 5, Nays 0. is ( #14) PROPOSED BRUSH DISPOSAL PROGRAM CHANGE Moorse stated the City began to provide a site for brush disposal when burning was no longer permitted. The City hauls the brush to the County brush site in Maple Grove but the costs involved are not being recouped. He suggested people haul their own brush to the Maple Grove site and pay the $1.50 per cubic yard instead of the fee of $3.00 per cubic yard the city charges. Moorse states it would be more cost effective to discontinue providing the City brush site and to instead provide the information to residents of the availability of the Maple Grove site. Hurr moved, Goetten seconded the discontinuation of the City brush site. Ayes 5, Nays 0. ( #15) INCREASE HOURS OF OFFICER BORIS TO FULL -TIME LEVEL Moorse stated this is to replace the vacancy left open by the retirement of Lt. Fritzler. This position was unfilled until it was determined what would happen with the contract cities. The contracts have been approved. Jabbour moved and Hurr seconded that the number of hours for Scott Boris be increased to the full-time level and that his pay be increased to $15.061/hour. Ayes 5, Nays 0. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON AUGUST 22, 1994 ( * #16) RESOLUTION - NO PARING ON BROWN ROAD NORTH This item was taken off consent agenda by Kelley. He would like to change the need to have no- parking signs. Gerhardson stated the City needs to post the signs to advise the public not to park there. Kelley suggested less signs. Gerhardson will check requirements necessary for sign postage. Callahan moved, Jabbour seconded that action on the resolution be tabled until the second meeting in October. Ayes 5, Nays 0. ( #17) SCHEDULING OF A JOINT MEETING TO REVIEW THE RESULTS OF THE PARK SURVEY The survey is done, and Moorse is expecting a summary at the end of this week and will have a package to review with the Parks Commission and Council. A meeting will be scheduled with the consultant. Callahan moved, Jabbour seconded that action related to scheduling a work session be continued to the 9/12/94 Council meeting. Ayes 5, Nays 0. Motion carried. ( #18) REFERRAL OF VARIANCE APPLICATION TO PLANNING COMMISSION • The map of the parking lot for the post office was provided as requested by the Council. Council questioned the need for this size of a lot. The Council agreed that the variance application be forwarded to the Planning Commission and requested detail of the fees and costs involved. CITY ATTORNEY'S REPORT There was no report at this time. ( * #19) LICENSES It was moved by Hurr and seconded by Goetten to approve the following licenses: Club Firearms Permit Park Gun Club Annual License 3660 Sixth Avenue North Special Events Permit Charles Tatro/FTC Homes Model Home at 1050 Cox Farm Road Sept 10 -25 from 3:00 to 8:00 p.m. One -Day Liquor License Smith Days/Minnetonka Center for the Arts • 8 • n LJ • NUNUTES OF THE REGULAR ORONO CITY COUNCIL NIEETING HELD ON AUGUST 22, 1994 ( * #19) LICENSES Continued 2240 North Shore Drive Sept 10, 1994 Septic System Installer Sewerman Inc. Elk River Larry's Onsite Septic Chaska ( * #20)BMLS It was moved by Hurr, seconded by Goetten, to approve payment of the All Funds Account. Ayes 5, Nays 0. ADJOURNMENT Callahan moved for adjournment at 10:15 p.m. It was seconded by Goetten. Ayes 5, Nays 0. Edward J. Callahan; Jr., Mayor ATTEST: 9