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HomeMy WebLinkAbout09-12-1994 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 12,1994 . ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Jr., Council members J. Diann Goetten, Gabriel Jabbour, and Charles Kelley. JoEllen Hurr arrived during item #4 on the agenda. The following represented staff. City Attorney, Tom Barrett; City Administrator, Ron Moorse; Building and Zoning Administrator, Jeanne Mabusth; Assistant Planning and Zoning Administrator, Michael Gaffron; Public Works Director, John Gerhardson; City Engineer, Glenn Cook; and Recorder, Sherry Frost. Mayor Callahan called the meeting to order at 7:30 p.m. (x #1) CONSENT AGENDA Kelley requested items #5, 7, 9, 10, 13, 19, and 20 be added to the Consent Agenda. It was moved by Jabbour, seconded by Goetten, to approve the Consent Agenda as amended. The motion carried Ayes 4, Nays 0. ( #2) CABLE COMMISSION BUDGET PRESENTATION Cable Administrator, Jim Daniels, updated the Council on subscriber rate reductions which are retroactive to 9/93. Subscribers' October bill will reflect a decrease in cable rates which went from $14.65 /mth to $10.95 /mth, down to $10.23 /mth. The commission • also approved the reduction of an extra outlet charge from $3.95 1mth to .11 /mth retroactive again to 9/93. Daniels also reported the commission has set new standards to improve customer service. Daniels expressed the commission's interest in cablecasting an additional city council meeting to channel 8 which is financed thru the cable franchise fees. The commission pays for all staff and equipment. Callahan stated the results of the budget are clear and satisfactory. Jabbour moved, Huff seconded, to give Council's approval of the cable commission's 1995 budget. Ayes 5, Nays 0. Council expressed their appreciation to Tim Pattrin, the City's representative on the cable commission, for a job well done. APPROVAL OF MINUTES (- #3) REGULAR MEETING OF AUGUST 22, 1994 It was moved by Jabbour, seconded by Goetten, to approve the Minutes of the Regular City Council Meeting of August 22, 1994, as submitted. Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 12, 1994 PARK COMMISSION COMMENTS • Park Commissioner Vongries requested the City Council be present at the Park Commission meeting of 10/3/94 to discuss the park survey. Park Commissioner Ilse asked that time be left during that meeting to allow for other business. Ilse reported a letter of appreciation will be drafted and sent to the volunteers in the Adopt -a -Park program. Jabbour asked of the status of the little league parks, which were found to be moving on pace. Callahan said the concession building and fence will be in place by the end of the month. PLANNING COMMISSION COMMENTS Representative Schroeder had no comments. PUBLIC COMMENTS Park Commissioner Ilse asked for direction in answering questions from the public in reference to the Stubbs Bay/Hwy 12 intersection where a number of accidents as well as deaths have occurred. Callahan stated this area is on the mind of the Highway Dept, who wants to expand County Road b between, as well as beyond, Hwy 12 and Townline Rd. • Jabbour suggested the use of the official detour. ZONING ADMINISTRATOR'S REPORT (#4) #1860 ZELMA MCKINNEY, 3599 LIVINGSTON AVENUE - APPLICANT'S REQUEST FOR RECONSIDERATION OF STATUS OF CONDITIONAL USE PERMIT Mabusth stated the applicant is requesting reconsideration of the payment of a sewer and water unit charge for a second unit. The City approved a multi -use dwelling application in 1993. McKinney's daughter, Gayle Siegler, and Attorney, Gary Eidsen, were present. Eidsen described McKinney's poor health and financial hardship. Eidsen stated there has been no change in the multi use status of the property since 1962 which is the hallmark of this issue. Eidsen stated the applicant has met the requirements of the conditional use permit, and the SAC and WAC charges are new charges, although there has been no changes in the use of the property. Eidsen sees no basis for these fees. The Waste Commission told applicant the charges should be grandfathered in. The City disputes this; citing an example in a follow -up letter of another property, which Eidsen says is not representative of this specific property. Eidsen feels the charges are unprecedented, unwarranted, and create a hardship. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 12, 1994 • (Item #4 - McKinney - Continued) City Attorney Barrett stated the City erroneously determined the number of units to be one, years ago, and is now recovering the water and sewer access fees. Barrett said the City is acting consistent with the statute and has the legal authority to recover said charges. Mayor Callahan stated the Council will follow Barrett's advice that the City has the authority to make these charges. Councilmembers voiced their opinions with compassion for applicant's hardship, possible availability of grants, but felt a precedent would be set if this charge was dismissed. In response to Barrett's comments, Eidsen replied he felt the assumption of misassessment is not correct. Neighbors, Mike Anderson, Greg Goodfellow, and Karen Cuff voiced concerns over the failure of the applicant to meet all conditions of the conditional -use permit citing examples of illegal parking, bedroom sleeping arrangements without proper egress, and number of people dwelling in the residence. Callahan stated the main concern here was the SAC charges. Mabusth said this was true but applicant must meet the conditional -use permit requirements as well. Mabusth stated an inspection found requirements completed and satisfory with the exception of a garage • stall being misused as storage. Gayle Siegler addressed the use of the garage stall as storage stating this will be remedied by winter. Siegler instructed the tenants that the lower level was not to be used as a bedroom. Callahan said the Council will not revoke the conditional -use permit as the applicant has the right to use the property as a duplex. Jabbour stated the Council members will uphold the conditions of the permit. Hurr and Goetten agreed to enforcement and the need to set a time limit to meet the conditions. Kelley asked that all matters be resolved by next meeting and for Mabusth to check that this was done. Neighbor Anderson asked the opinion of the City Attorney on the multi -use issue. Barrett said part of the problem with pre - existing use is in the zoning and arises not out of a City ordinance but with the Constiitution of the United States. The question is at what point a City would be found to have "taken" a property. Barrett believes the continual use may raise that constitutional issue but within the context of our ordinances, as well as the constitution, allows continuance of use if used continually. Because of this, the owner has the right to use the property as a duplex.The device of a conditional -use permit is used by the City to know what the non - conforming uses are and what the dimensions and limits are of the use. The neighbors asked for clarification of the best process in which to report violations of the conditional -use permit. It was determined that phone calls for expediency with • follow -up letters for the City to have in print is the best method. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 12, 1994 is (Item #4 - McKinney - Continued) Mayor Callahan motioned, Hurr seconded, to deny the request to waive the payment of the sewer and water line access charge and to direct staff to resolve the issue of the use of the bedroom in the lower level, and to remove all furniture stored in the garage by next City Council meeting of 9/26/94. Ayes 5, Nays 0. Eidsen asked for clarification on the need to install a window. Callahan stated it would be determined by the staff report at the next meeting. Hurr commented that it is difficult to police the sleeping arrangements and if historically used for sleeping, a ready solution would be to install the window ( * #5) #1941 LEROY AND WANDA FISCHBACK, 3135 NORTH SHORE DRIVE - VARIANCE - RESOLUTION #3461 Jabbour motioned, Goetten seconded, to approve the variance #1941 as proposed. Ayes 4, Nays 0. ( #6) #1944 BRADLEY AND DINA ETHERINGTON, 4055 ELM STREET - VARIANCE RESOLUTION #3462 Mabusth stated this is the owner's fourth area variance application; the first in 1978. • There have been no changes in zoning. Applicant's provided an updated survey as requested as well as a development plan. The Planning Commission was concerned with the steep slopes and stipulated there would be no draining to either the east or west. The Engineer approved downspouts as well as underground tiles which drain out to the street. The driveway was reviewed by Engineer and Staff. The proposal will result in minimal tree removal. The main concern of the neighbors is that the survey is incorrect. Mabusth stated there is no difference between the original of 1976 and present survey with exception of .2" side setback on east side. Neighbor Laue has not received the results of her survey. Applicants have met all requirements. It was the neighbors' obligation to present anything to refute application and nothing has been received. Tim Feyo, husband of owner, had their surveyor meet with surveyor of Mrs. Laue, who said the survey of 8/4194 was most accurate except for a 3" difference in SW corner of lot. Surveyor stated Mrs. Laue was informed of findings. Callahan asked Feyo if he believed his survey to be correct and if he was satisfied with the application packet and resolution presented. Feyo responded yes. is 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 12, 1994 • (Item #6 - Etherington - Continued) Hurr asked how closely tied is this property drainage plan to the approval, questioning what would happen if this property was not sold to these people. Mabusth stated she is only working with the applicant, that drainage development was not allowed to the east and west, and would hope to discourage another to do any type of squells and accept this same plan. The drainage plan is tied to this applicant only. Goetten asked about the shed on the property line. It was determined that it belongs to neighbor, Laue. Mabusth will request Laue to move the shed. Hurr moved, Kelley seconded to approve the renewal variance application #1944 for Bradley and Dina Etherington, Resolution #3462. Ayes 5, Nays 0. ( 47) #1949 SANFORD AND MARGARET ERIKSON, 4455 FOREST LAKE LANDING - VARIANCE - RESOLUTION #3463 Jabbour moved, Goetten seconded, to approve the variance application # 1949 for Sanford and Margaret Erikson, 4455 Forest Lake Landing, Resolution 43463. Ayes 4, Nays 0. • ( #8) #1950 GLEN UPTON, 3685 NORTH SHORE DRIVE - VARIANCES • It was moved by Callahan, seconded by Goetten, to send back the application to the Planning Commission for amendment. Ayes 5, Nays 0. ( * #9) #1954 LARRY ELSEN, 2879 CASCO POINT ROAD - VARIANCES - RESOLUTION #3464 It was moved by Jabbour, seconded by Goetten, to adopt Application #1954, Resolution 43464. Ayes 4, Nays 0. ( * #10) #1956 TOM AND CHRIS SMIEJA, 4040 WATERTOWN ROAD - VARIANCES - RESOLUTION #3465 It was moved by Jabbour, seconded by Goetten, to adopt the Application #1956, Resolution 43465. Ayes 4, Nays 0. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 12, 1994 ( #11) #1957 JACCI J. SEGNER, 3286/3290 NAVARRE LANE - SUBDIVISION • OF A LOT LINE REARRANGEMENT - RESOLUTION Gaffron reported this is a simple lot line rearrangement request. Segner originally owned lots 44-47 and sold 45, 46, and 47 to Bob Marinos. Segner retained ownership of lot 44 and is requesting to rearrange the lot line between the two to retain the 1/2 acre and 100 ft requirement to get two buildable and conforming sites. The SAC charges will be paid. There is no water available to this area. A single driveway will be used for the two lots. The access points for 2250 Bayview Place and 3300 Navarre Lane, owned bySegner, need to be removed to avoid more than two using the road as a driveway. Segner has agreed to install a fence to eliminate access to these homes. Gaffron said there is also the issue of five lots #36, 37, 48, 49, and 50, owned by Segner, which need to be combined to be sold. This was applied for twice but rejected due to delinquent taxes at those times. This is related to the matter but is not a condition of this lot line rearrangement. Gaffron said there is a minor change to the language in the resolution regarding the format of the survey for metes and bounds which is questioned repeatedly by surveyors in that each parcel has separate legal descriptions which is not needed by the county. The City Attorney requested the following changes be made in language: A city approved conveyance of the residual parcels from one property owner to the other (a deed • exchange); and a title opinion on both properties confirming ownership and any encumbrances mainly because we are asking for perimeter drainage and utility easements for this rearrangement. Segner replied to Callahan that she is satisfied with the rearrangement. Hurr stated the need to add the condition that the five lots be combined at this time. Jabbour moved to approve Application #1957 subdivision of a lot line rearrangement resolution pending the filing of the application by Jacci Segner to combine lots #36, 37, 48, 49, and 50, Resolution #3466. Huff seconded the motion. Ayes 5, Nays 0. ( #12) SEPTIC MORATORIUM UPDATE Gaffron requested the input of the Council on the 6 -12 month extension of the septic moratorium and confirmation and prioritizing of the tasks listed. At this point, there are no answers for those needing to either fix their septic or install sewer. 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 12, 1994 IS (Item #12 - Septic Moratorium Update - Continued) If the moratorium expires between now and 5/1/95, anyone who had received a non- conforming repair notice in 1993 will have until 12/31/96 to do repairs instead of the original deadline date of 12/31/95. Anyone who received a notice in 1994 will have until 12/31/96 to make repairs. If the moratorium expires after 5/1/95, those receiving notice in 1993 and 1994 will have until 12/31/97. Jabbour suggested an extention until we have more answers. Goetten would like to limit the extension. Callahan stated if we were to sewer those on the list, it would be 135 homes out of a total of 650. Callahan suggested we should extend for a short time of six weeks to two months to enable the scheduling of a work session to go over the plan, and also advise those not in the "hot spot" locations that they are not included in the sewer plan. Those who are being considered should be notified of the possibility of getting sewer. The Council decided to relay this information in the October newsletter. Callahan moved, Jabbour seconded, to extend the septic moratorium to November 28, 1994. Ayes 5, Nays 0. ( * #13) B -2 PROPOSED ORDINANCE - INFORMATION ONLY • It was suggested by Callahan that a joint meeting with the Planning Commission is needed to discuss this issue. MAYOR/COUNCIL REPORT Goetten requested the zoning district be included in the item description on the Planning Commission applications. Callahan also requested the Planning Commission minutes include how many members were present and who they were. Mabusth agreed. Hurr reminded Council of a County 6 Committee meeting scheduled for Wednesday at 8 am. Callahan attended a meeting along with Jabbour with the MCWD regarding aeration of Long Lake. The MCWD is anxious to receive general approval and will send information on a parallel project. Is is in their budget to levy for this project, or in case of rejection, to levy for another project. Callahan said there is no need for a formal approval at this stage but to stay in touch with staff and MCWD regarding the matter. is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 12, 1994 ENGINEER REPORT Cook reported the completion of the Old Crystal Bay Road bridge was six weeks away (11/1/94). The Brown Road project should start this week. There is a problem with the MCWD in relation to water quality that needs to be resolved. Brown Road should be completed the end of November. Callahan attended the meeting along with Jabbour with the MCWD regarding aeration of Long Lake. MCWD is anxious to receive general approval and will send information on a parallel project. It is in their budget to levy for this project, or in case of rejection, to be used on another project. Callahan said there is no need for a formal approval at this stage but to stay in touch with staff and MCWD regarding the matter. CITY ADMINISTRATOR'S REPORT ( * #14) LIQUOR VIOLATION - RESOLUTIONS #3467,3468, AND 3469 Jabbour moved, Goetten seconded, to adopt Resolutions #3467- O'Sullivan's, #3468 - Jimmies Lounge, and #3469 -Orono Self Service, reflecting the enforcement action taken by the Council in response to liquor violations. Ayes 4, Nays 0. t • ( 415) ESTABLISH DATES OF PUBLIC HEARING - TRUTH IN TAXATION • AND ESTABLISH DECEMBER COUNCIL MEETING DATE It was moved by Callahan, seconded by Jabbour, to confirm the date of 11/29/94 for the Truth -in- Taxation hearing with 12/19/94 as the reconvening date if needed. Ayes 5, Nays 0. It was moved by Callahan, seconded by Jabbour, to reschedule the date of the regular City Council meeting in December to 12/12/94. Ayes 5, Nays 0. ( * #16) FALL CLEAN UP DAY - OCTOBER 15, 1994 Jabbour commented the mosquito control will pick up tires for free. Hurr asked Gerhardson to get a list of comparisons of appliance pick -up fees from other cities as well as vendors. It was moved by Jabbour, seconded by Goetten, to designate 10/15/94 as the Fall Cleanup Day. Ayes 5, Nays 0. is 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL, MEETING HELD ON SEPTEMBER 12, 1994 • ( #17) 1995 PRELIMINARY BUDGET AND TAX LEVY - RESOLUTIONS U • Callahan asked for clarification of budget amounts and increase percentages. Moorse said the tax levy will increase $39,534, or 2% over the'94 levy, the bulk of which increase is for debt service. The general fund will increase $77,572 or 2.5% over'94. This amount is basically for an additional police officer and a general wage level increase. Callahan moved, Hurr seconded, to adopt Resolution 93470 establishing the proposed 1995 General Fund Budget as follows: Ayes 5, Nays 0. ESTIMATED REVENUES Taxes - General $1,647,940 Licenses and Permits 133,000 Intergovernmental 441,935 Charges for Services 880,140 Fines and Forfeits 66,000 Interest Income 41,000 Miscellaneous 35,000 Transfers From Other Funds -0- Use of Fund Balance -0- TOTAL $3,245,015 PROPOSED EXPENDITURES General Government $ 677,434 Public Safety 1,754,122 Street Maintenance 501,358 Parks and Recreation 56,815 Recycling Program 76,260 Engineering - Unallocated 13,460 Reimbursable Expenditures 28,741 Special Projects and Contingency 57,150 Transfers to Other Funds 64,900 Subtotal $3,230,240 General Fund Reserve 14,775 TOTAL $3,245,015 Callahan moved, Hun seconded, the adoption of Resolution 93471 adopting the proposed 1994 tax levy collectible in 1995. Ayes 5, Nays 0. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 12, 1994 (Item 917 - 1995 Preliminary Budget & Tax Levy - Resolution #3471 - Continued) • General $1,647,940 G.O. Sewer Improvement Bond 1992 18,000 G.O. Sewer Improvement Bond 1985 42,945 G.O. Sewer, Water, Street Improvement Bond, 1982 5,500 G.O. Water & Sewer Revenue Bond 1989 80,000 Bonds of Other Government Units - H.R.A. Building Bond 1991 221,785 TOTAL SPECIAL LEVIES 368,230 TOTAL ALL LEVIES $2,016,170 The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. ( #18) SCHEDULING OF A JOINT MEETING TO REVIEW RESULTS OF THE PARK SURVEY Callahan moved, Goetten seconded, the approval of a joint meeting with the Park Commission for a work session to discuss, along with the consultant, the results of the park survey. The meeting is to be held Tuesday, 10/4/94, at 6:45 p.m. Ayes 5, Nays 0. ( * #19) CURBSIDE RECYCLING CONTRACT EXTENSION It was moved by Jabbour, seconded by Goetten, to approve a three -year contract for curbside recycling pick -up with E -Z Recycling for an annual amount of $65,075. Ayes 4, Nays 0. ( * #20) POLICE SERVICES CONTRACT WITH CITY OF LONG LAKE It was moved by Jabbour, seconded by Goetten, to approve the 1995 -1997 agreement for the provision of police services to the City of Long Lake and to authorize the Mayor and City Administrator to sign the agreement. Ayes 4, Nays 0. CITY ATTORNEY'S REPORT City Attorney Barrett requested an adjournment to executive session at the completion of the regular council meeting. ( * #21) LICENSES It was moved by Jabbour, seconded by Goetten, to approve the license of Patnode Bros. • Sewer and Water of Rogers, MN as a septic system installer. Ayes 4, Nays 0. 10 • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 12, 1994 (x #22)BILLS It was moved by Jabbour, seconded by Goetten, to approve payment of the All Funds Account. Ayes 4, Nays 0. ADJOURNMENT Jabbour moved, Goetten seconded, that the meeting be adjourned at 9 :50 p.m. ATTEST: • Atl M. al n, City Clerk n �J Edward J. Calla n, Jr., Mayor 11