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HomeMy WebLinkAbout10-10-1994 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 10, 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 JoEllen Hurr. Charles Kelley was absent. Representing Staff were City Administrator, Ron Moorse; City Attorney, Tom Barrett; 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. ( * #1) CONSENT AGENDA Items 2 and 20 were removed from the Consent Agenda. Items 6, 8, 13, 14, and 19 were added. Hurr moved, Jabbour seconded, to approve the Consent Agenda as amended. Ayes 4, Nays 0_ APPROVAL OF MINUTES ( #2) REGULAR MEETING OF SEPTEMBER 26, 1994 Hurr requested that the minutes under Item #4, McKinney, note the attendance and • comments of the neighbors. Hurr moved, Jabbour seconded, to approve the Minutes of the Regular City Council Meeting of September 26, 1994, as amended. Ayes 4, Nays 0. is PARK COMMISSION COMMENTS Wilson appreciated the approval by the Council of the improvements at French Creek Preserve. Wilson noted the letters of appreciation being sent to park contributors. PLANNING COMMISSION COMMENTS Charles Nolan, Jr., was present at the meeting but had no comments at this time. PUBLIC COMMENTS There were no public comments at this time. POLICE CHIEF REPORT The Police Chief attends the City Council's second meeting of the month. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 10, 1994 ZONING ADMINISTRATOR'S REPORT (z #3) #1821 STEVEN P. WIRTJES/MARGO M. WIRTJES, 3085 WATERTOWN • ROAD - FINAL SUBDIVISION - RESOLUTION #3475 Hurr moved, Jabbour seconded, to approve Application #1821, Resolution #3475 as proposed. Ayes 4, Nays 0. (#4) #1860 ZELMA MCKINNEY, 3599 LIVINGSTON AVENUE - STATUS REPORT Mabusth reported work has been done to remedy the storage of items in the garage stalls. The stalls have been cleaned out but some items remain in one stall, while awaiting a pick up by Goodwill Industries, since nothing can be left outside. Field Inspector, Bruce Vang, spoke with the tenant, who confirmed the pick -up of items by Goodwill. The tenant also told Building Official, Lyle Oman, that the lower level was not being used for sleeping. Mayor Callahan commented on the on -going feud between the applicant's daughter, Gayle Siegler, and the neighbors. The CUP was issued to Zelma McKinney, not her daughter, and the City will not be issuing any citations at this time. Callahan reported reading over the CUP and stated the storage issue was not a part of the CUP. Jabbour agreed that the situation needed to be brought to a conclusion. • Attorney, Sheila Bjorklund, representing the neighbors, reported the neighbors want all conditions of the CUP to be met and asked when the sewer connection charge will be paid by McKinney. Siegler commented it had not been paid but did not know when it would be. Bjorklund also wanted to know when the City would be taking further action. Jabbour said the City Council would be willing to give an extension to Mrs. McKinney. Mayor Callahan referred Bjorklund to take the matter up with City Administration if she was not satisfied with the status report. ( #5) #1913 GREG TRUCHINSKI, 1580 FOX STREET - CONDITIONAL USE PERMIT/VARIANCE - REQUEST FOR RECONSIDERATION - RESOLUTION #3476 Mabusth stated Truchinski is asking for reconsideration for a conditional use permit/variance. Truchinski has taken down the antenna and tower originally located at a 32' setback. It would be reinstalled at 75'. The neighbors are reported to be in agreement. Hold Harmless agreements have been signed by Whitney MacMillan and Greg Truchinski as well as a Convenant- Not -To -Sue by David and Karen MacMillan. Jabbour moved, Goetten seconded, to reconsider and approve Item #1913, Resolution #3476. Ayes 4, Nays 0. C7 2 NlMJTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 10, 1994 ( *#6) #1933 TANDEM PROPERTIES, 264513025 WATERTOWN ROAD • RESOLUTION #3477 *a) Private Road Name Approval Hurr moved, Jabbour seconded, to approve the private road name of Somerset Trail within the Coffin property portion of Old Crystal Bay Road 2nd Addition and Thoroughbred Lane within the Dickey property portion of Old Crystal Bay Road 2nd Addition. Ayes 4, Nays 0. *b) Final Plat Approval Resolution #3477 Hurr moved, Jabbour seconded, to approve the final plat Resolution 93477. Ayes 4, Nays 0. ( * #7) #1947 SAILORS WORLD, 1955 SHORELINE DRIVE - AMENDED VARIANCE APPLICATION - RESOLUTION 93478 Hurr moved, Jabbour seconded, to approve the adoption of allowing the storage module to be placed in either stall 37 or 38 of the parking area, Resolution 43478. Ayes 4, Nays 0. ( * #8) #1953 WILLIAM ALLEN, 3475 LIVINGSTON AVENUE - VARIANCES - is RESOLUTION #3479 CJ Hurr moved, Jabbour seconded, to adopt Resolution #3479 approving side setback, structure -to- structure setback and lot coverage variances for William Allen at 3475 Livingston Avenue. Ayes 4, Nays 0. (#9) #1962 BRUCE DAYTON/PRAHUE RESTORATIONS, INC., 900 OLD LONG LAKE ROAD - CONDITIONAL USE PERMIT - STATUS REPORT Mr. Bowen, representative for Bruce Dayton, was present_ This item has been placed on the Council agenda as a status update. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON OCTOBER 10, 1994 (#9 - Item #1962 - Dayton/Prairie Restorations - Continued) Galfron said this request is for a conditional use permit to excavate a pond in an existing type 7 wetland and disposal of the soil materials on the site. This pond is located southeast of Long Lake and north of Old Long Lake Road. One proposed disposal site is on the west side of the north lot on what had been a horse riding arena. The second disposal site is south of Old Long Lake Road and has been revised to not encroach on a wetland identified in the National Wetland Inventory. The pond plan has been revised to involve only 41,000 cubic yards of excavation, leaving islands within the pond. A berm will be built to help contain the spoils during the process. This proposal has been sent to the Watershed District, who will discuss it at their November meeting. The City Engineer has requested additional information on the outlet, and Staff has requested documentation be provided from the Corps of Engineers. Callahan noted that this item was moved up to the City Council before all permits had been received and issues resolved due to the number of permits needed and the magnitude of the project. He noted the Planning Commission generally favored the project. r� Hurr asked confirmation that no permit was needed from the DNR. Gaffron indicated this is correct and since no filling or draining would occurr, the Wetland Conservation Act does not apply. This land is located in the National Wetland Inventory but not on either the City's or the DNR's lists of protected wetlands. This narrows down the • approval needed to be from the City Council, the Watershed, and perhaps, the Corps of Engineers. Goetten noted the size of the pond was decreased to 6.9 acres. Bowen noted that the boundaries have shrunk and volume to be excavated is down by 20 %. Goetten asked how the applicant proposes to clean up the area, make road repairs where needed, and maintain the road. Bowen said this is unresolved and has yet to be worked out with the Staff. He is amenable to posting a bond or making it part of the specifications. Bowen noted the work would be done in the winter. Jabbour voiced concern with the wetness of the spoils causing possible flooding in the spring. Bowen said they are unable to pile the material adjacent to the excavation because that area is wetland, and it would be constituting filling of wetland. It is planned to allow time for the material to dry out, possibly taking two to three years, with temporary seeding and later final seeding. The material is mainly peat and organic in nature and will eventually dry out. It was noted that the west disposal site will not end up any higher than the current high ground now. Callahan did comment that this would destroy buildable land as septic systems cannot be placed on filled areas. A silt fence will be dug into the ground at the spoil site perimeter, and Cook said the berm will be dug down to stop the spoils from running off. No action was required. 4 • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 10, 1994 ( #10) #1964 CALVARY MEMORIAL CHURCH, 2420 DUNWOODY AVENUE - • VARIANCE - RESOLUTION #3480 Hurr voiced concern over the magnitude of the variance regarding signage size and the possibility of others wanting the same. The variances required include square footage for an individual sign (12 s.f allowed where 45 s.f is proposed) and site signage square footage (24 s.f. allowed where 148 s.f is proposed) as well as a maximum height of sign variance of 9' where 8' is allowed__ Gaffron said, while the possibility of others requesting larger signs is there, he felt the request was in line when location was taken as a factor. The church is located on Dunwoody and County Road 15 along a generally commercial roadway but is in a residential zone. Commercial properties are allowed one square foot of signage per foot of frontage. This property would be allowed much more signage than is requested if it was zoned commercial. Hurr moved, Jabbour seconded, to adopt Resolution #3480 granting a variance to Calvary Memorial Church for additional signage. Ayes 4, Nays 0. ( #11) #1967 K -P PROPERTIES/ROBERT OLSON, 4645 BAYSIDE ROAD - PRELOMARY SUBDIVISION Gaffron explained this is a request to split off one 2.75 acre lot with an existing residence from a 17.5 acre parcel, excluding the Geffre property. The original plan was for five lots plus the Olson and Geffre properties. The Planning Commission offered the applicant • either tabling or denial the application due to an incomplete plan. The applicant requested denial so the matter could move along to the Council since Mr. Olson and the buyer of his house wish to close on the property soon. Mr. Peterson, the contract purchaser, noted the original six -lot plan was revised to five lots with four building lots due to septic system configuration problems. The 14 acre Outlot could be served with a roadway to the east through the Olson property or there is a possibility for a road to the west also. Peterson's concern is with the time span for the Olson's purchase agreement closing on or about 11/15/94. Peterson said the three conditions the Planning Commission did not agree with for a temporary variance have been modified. The frontage on Bayside Road of 187' was changed to 201' and rear setback for the existing house was changed from 33' to 51', now meeting the requirements. The other condition was a lack of a formal agreement with Geffre for a road through his property. A road platting agreement has now been signed by Geffre. Callahan asked the Council members for their comments, and if they wished to hear the plan. Jabbour would like the input of the Planning Commission, but since this was a preliminary approval, he would agree to hear the plan. Hurr felt if the conditions had been met and if staff was comfortable with that, she also would look at it. Callahan remarked about the Planning Commission not having complete information and was hesitant to look at a plan that had been denied. Goetten said this has been done • previously. It was agreed upon to look at the plan. s MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 10, 1994 ( #11 - Item #1967 - K -P Properties/Robert Olson - Continued) Gaffron reported the original recommendation was for the Geffre property to be included • in the plat. The 14 -acre Outlot C would require a continuous platted road corridor to Bayside. The Peterson plan did not include the Geffre property and proposed the City accept the development agreement between the Olson's, K P Properties and Geffre. The agreement indicates if Outlot C is replatted to buildable lots and Outlot B is used for a road, then Geffre will receive Outlot A in exchange for becoming part of the future plat, creating an outlot to complete the road connection through Geffre's property. If the White property was acquired, the future road would come from the west. A potential problem with this would be the Olson residence would possibly not be served by a future interior road but access directly onto Bayside Road. Barrett was concerned with the risk of contingency noting that the City might not be able to enforce the agreement placed upon the Geffre property. Gaffron also commented that the resolution was structured such that Outlots, A, B, and C could not be separated or conditions of the agreement revised without City approval. If the Outlot was buildable right away, there would be a Park Dedication fee paid. If divided later, the fee would be deferred. Gaffron also noted that there is a 1979 easement on the Geffre property in favor of the Olson property allowing for a road. Hurr moved to approve with the Staff recommendations. There was no second to that motion_ Callahan moved, Jabbour seconded, to return the request to the Planning Commission with guidance from the City Attorney on legal questions. Ayes 3, Callahan, Goetten, and Jabbour, Nays 1, Hurr. ( #12) #1968 KEITH & VIVIAN B_ANGERT, 3500 BAYSIDE ROAD - VARIANCES Applicant Vivian Bangert, Builder Roeloffs, and Property Owner Shirley Larson were present. Gaffron reported the applicant wants to construct a driveway access into property located on the northside of Bayside Road in order to construct a residence. The request is for variances for lot width (165' where 200 required), lot area (1.97 acre lot where 2 acres are required), hardcover (40% in 0 -75' zone), land alterations (live tree removal in 0-75' zone) and bluff impact (topographic alterations/grading and filling in 0 -75' zone). is 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 10, 1994 (Item #12 - Bangert - Continued) • Gaffron said the Planning Commission looked at the property and agreed that the eastside entry to the property with driveway going across the front slope and up into the property on the westside is the best of the choices available. None of the options are ideal but this particular one would have the least impact on slope, grading, and vegetation. The Commission recommended denial and felt consideration should be given to alternative access through an easement with a neighbor. Callahan said we can't ask the applicant to obtain an easement. Goetten commented that by giving this property access to sewer, the City deemed the property to be a buildable lot, requiring the Council to work with the applicant in finding a workable solution. Larson said the option of an easement from a neighbor was not feasible. One neighbor, when approached on the subject, asked $30,000 for the easement. The other two neighbors have their property for sale and an easement would be a hindrance to either sale. Cook said going straight in would be a better alternative as far as navigation but would ruin the landscape. Gaffron also said there would be huge retaining walls or wide cuts in that scenario. Screening would help to protect headlight reflection. Winter conditions could be treacherous but navigable. Cook also said the present plan would cause the • least amount of destruction to vegetation_ • Gaffron reported the County Engineer required the driveway to enter within 70 feet of the east side of the lot. The DNR is concerned with this project and stated in their letter of 9/29 that the requested variances be denied due to the considerable grading and removal of vegetation. Planning Commissioner Nolan commented on the loss of trees, but said if there were no other means, this was the best plan. Safety was still an issue and suggested possibly heating part of the driveway. Jabbour asked if a landing would be appropriate. Gaffron said if it was feasible, it would make sense. Roeloff responded that the 8% grade was not excessive and the rise of 9' is over the length of 115'. There would also be a flat spot in the bend to allow a car to reassess their drive. Hun brought to the Council's attention that the driveway as proposed will cut into the right of way. Goetten remarked on the need for the applicant to work with the City on tree replacement. Barrett noted the DNR has the right to sue the City over a resolution of approval but the City can only ask the property owner to consider an easement with neighbors, but not require it. MINUTES OF TIE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 10, 1994 ( #12 - Bangert - Continued) Hurr moved, Go etten seconde d, to approve the lot area, width, and hardcover variance • pp noting only the driveway access will be in the right of way. The Council asks the applicant to work with Staff on the tree removal and additional planting. No future variances will be allowed and the Engineer is to look at the driveway configurations prior to final approval. Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Jabbour reported that the LMCD has a multi -page procedure regarding quiet water. Jabbour informed the LMCD of the need to go through this formal process with regards to Deering Island. ENGINEER REPORT No report at this time. CITY ADMINISTRATOR'S REPORT ( * #13) APPOINTMENT OF ELECTION JUDGES FOR GENERAL ELECTION - RESOLUTION #3481 Hurr moved, Jabbour seconded, to approve Resolution #3481 appointing election judges • for the 11/8/94 general election. Ayes 4, Nays 0. (- #14) ESTABLISH DATE AND TIME FOR CANVASSING BOARD MEETING Hurr moved, Jabbour seconded, to approve the date of 11/9/94, at 4:00 p.m., for the 1994 Canvassing Board meeting. Ayes 4, Nays 0. ( #15) SUMP PUMP INSPECTION ORDINANCE #129, 2ND SERIES Moorse reported that this inspection program is to allow the inspection of all homes with City sewer service to confirm that the sump pump is not directly connected to the sewer. The current ordinance prohibits the direct connection of a sump pump to the sewer system but has no means of enforcement with regard to inspections, a timeline for compliance, or fines. This ordinance would carry a $100 /month surcharge for those with sump pumps not in compliance with a 3/1/96 date set for compliance. The inspections will be conducted mainly by in -house staff. If it is found to be needed, additional personnel will be hired to complete the inspections on time. Hurr felt the fines should be charged if the sump pump is not in compliance within 14 days after the inspection. • N INUTES OF THI: REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 10, 1994 ( #15 - Sump Pump Inspection Ordinance - Continued) • Moorse indicated Staff would review the timing of the surcharge and bring a revised proposal to the Council. Jabbour voiced concern that citizens know how the correct hook -up should be done to alleviate extra costs. Moorse said a diagram will be sent to all sewer customers along with a letter explaining the ordinance. Moorse said the sumps should have a discharge pipe, made of a rigid permanent -type plumbing, installed to the outside wall of the building extending three feet out. Gerhardson said the rigid plumbing can be done reasonably with the plastics now available. Hurr moved, Jabbour seconded, to approve the adoption of Ordinance #129, 2nd Series, amending Orono City Code Section 3.20, Rules and Regulations Relating to Sewage Service, and the City's Fee Schedule Ordinance providing for a sump pump inspection program and a $100 /month surcharge for non - compliance. Ayes 4, Nays 0. ( #16) ESTABLISH DATE AND TIME FOR SEPTIC /SEWER WORK SESSION The work session will be conducted on Thursday, 11./9/94, between 4:30 -5:30 p.m. ( #17) MWCC INTERCEPTOR RECONVEYANCE • Burr moved, Callahan seconded, to approve the proposal to resolve the MWCC interceptor reconveyance issue by reducing the MWCC current value credits by $11,971 per year over a twelve -year period. Ayes 4, Nays 0. c: ( * #18) PARK PLANNING - CRYSTAL BAY PLAYGROUND Hurr moved, Jabbour seconded, to approve the recommendation that Staff and Park Commission Members work with a consultant to prepare a plan for the Crystal Bay Playground. The consultant NNill be paid with Community Development Block Cnant Fund money not to exceed $2,700. Ayes 4, Nays 0. ( * #19) FRENCH CREEK PRESERVE - WILDLIFE BLIND - SIGN - PICNIC TABLE Hurr moved, Jabbour seconded, to approve the funding of the installation of two bird - watching blinds, a message sign, four duck feeders, and a picnic table at French Creek Preserve for an amount not to exceed $1,500 from the Park Dedication Fund. Ayes 4, Nays 0. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 10, 1994 CITY ATTORNEY'S REPORT The Ci ty Attorney Attorn had no report at this time. Barrett requested an adjournment to • Executive Session at 9:30 p.m. (#20) LICENSES Hurr requested an inspection be conducted of the machine shop owned by Charles Anderson, whose license is up for renewal, due to its location in a residential garage. Mabusth will see that this inspection is completed by the next Council meeting. Callahan moved, Jabbour seconded, to approve licenses listed with the exception of the license for Mr. Anderson, which will be considered after the above inspection is completed. Ayes 4, Nays 0. ( * #21) BILLS Hurr moved, Jabbour seconded, to approve payment of the All Funds Account. Ayes Nays 0. ADJOURNMENT The City Council Meeting was adjourned to Executive, Session at 9:30 p.m. • ATTEST: W-n' Edward J. Callah :J ., Wyor 10 is