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HomeMy WebLinkAbout10-24-1994 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 24, 1994 0 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; 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_ (R #1) CONSENT AGENDA Item 92 was deleted and Items #3, 4, 7, 10, 11, 12, and 13 were added to the Consent Agenda. Goetten moved, Jabbour seconded, to approve the Consent Agenda as amended. Ayes 4, Nays 0. APPROVAL OF MINUTES ( #2) REGULAR MEETING OF OCTOBER 14, 1994 Hurr changed paragraph 1 of page 8 adding the word "only" in the sentence reading, "noting one the driveway access will be in the right of way." HUIT moved, Jabbour • seconded, the approve the Minutes of the Regular City Council Meeting of October 10, 1994, as amended. Ayes 4, Nays 0. PARK COMMISSION COMMENTS Lill McMillan, representing the Park Commission, had no comments at this time. PLANNING COMMISSION COMMENTS No member of the Planning Commission was present. PUBLIC COMMENTS The public had no comments. POLICE CHIEF REPORT Chief Sullivan had no comments. Council member Jabbour expressed his, and his wife's, appreciation of Officer English in his professional handling of the recent accident on Hwy 12, Officer English was first on the scene. • 4 . MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 24, 1994 ZONING ADMINISTRATOR'S REPORT 40 * #3 #1959 JAMES OGLAND, 3345 CRYSTAL BAY ROAD - VARIANCE - RESOLUTION #3482 Goetten moved, Jabbour seconded, to adopt Resolution #3482, granting setback, hardcover and lot coverage variances to James Ogland at 3345 Crystal Bay Road. Ayes 4, Nays 0. ( * #4) #1967 K -P PROPERTIES/ROBERT OLSON, 4645 BAYSIDE ROAD - PRELIMINARY SUBDIVISION APPROVAL - RESOLUTION #3483 Goetten moved, Jabbour seconded, to adopt Resolution 93483, granting preliminary approval for a plat at 4645/4665 Bayside Road for Robert S. Olson, Irvin Geffre, and K- P Properties, Inc., File 91967. Ayes 4, Nays 0. ( #5) #1965 GUSTAFSON DESIGN /JAMES LEAR, 2525 DUNWOODY AVENUE - CONDITIONAL USE PERMIT/VARIANCE - RESOLUTION #3484 Mabusth reported the application is for a CUP and a variance to reconstruct retaining walls in Lakeshore yard to repair a failing lakeshore bank. The walls range from T to 8' in height and are designed of flat stones and the use of geo -grid fabric. A series of steps are also included as well as rip -rap. Loss of juniper trees will occur but an extensive planting schedule will insure planting to replace lost trees. • Council member Hurr felt the shed in the 0 -75' zone should be removed. Mr. Lear said the back wall of the shed was made of concrete and assisted in preventing erosion. The other walls are made of wood. The shed houses the irrigation system. The Planning Commission had stipulated that the 43 s.f. shed could not be replaced but a conforming lock box would be allowed. Hurr moved, Goetten seconded, to adopt Resolution 93484 as amended, granting a conditional use permit and variance to James Lear of 2525 Dunwoody Avenue for construction of retaining walls and associated hardcover in the 0 -75' lakeshore setback zone to require removal of 43 s.f. shed and replacement with 20 s.f. lock box. The cement -block wall may remain. Ayes 4, Nays 0. ( #6) #1960 NAVARRE CONGREGATION OF JEHOVAH'S WITNESSES, 3655 TOGO ROAD - VARIANCE /CONDITIONAL USE PERMIT - RESOLUTION #3485 Applicant, Tor Johnson, and Representative, Jeff Metzger, were present. is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 24, 199 t (96 - #1960 - Navarre Congregation of Jehovah's Witnesses - Continued) • Mabusth reported the application was for an extention of the driveway and parking lot to the south and rear of the existing lot. Two additions also needed CUP review_ The Planning Commission gave their approval of the side setback variance of 47' for a carport where 50' is required. The main issue is drainage from the property. The church is located in a 30 acre watershed. An improved method of redirecting the drainage on the eastside is planned to relieve buildup during heavy rains. Two options available for conveying drainage are either a swale or 12" underground tile. The residence to the east has old underground tile system but it fails during heavy rain. This solution should alleviate some of the problem by carrying the runoff to a culvert under Togo Road eventually draining into the wetland to the north. Staff will ask the church to grant an easement over the drainageway. Representative Metzger reported the owners to the east have approved their plan and will provide a letter to the City stipulating their approval. Mabusth said the City will require both property owners to apply for the land- alteration permit. After inquiring, Hurr was informed that at the public hearing this application received no complaints from the neighborhood reporting a positive reaction for the drainage solution possibilities. Callahan asked Cook about the affect on the Cuff property (Navarre Heights), who has previously had an application before the Council_ Cook advised that • the Cuff property located further south eventually drains to this watershed. • Jabbour brought to the Applicant and Council's attention, the Staff recommendation for the drainage easement, 15' in width, being 7.5' on either side of the final culvert/swale location within the applicants' property. The applicant was asked if he was in agreement with this recommendation. Metzger said he was but would want assistance with the cost of the materials. Jabbour commented that the City would likely assess for the amount the City paid so there would be no gain to the applicant. It was noted that engineering was provided free to the applicant. Hurr moved, Goetten seconded, to adopt Resolution #3485 granting a hardcover variance, structural setback variance and structural additions conditional use permit for the Navarre Congregation of Jehovah's Witnesses at 3655 Togo Road. Ayes 4, Nays 0. ( * 47) 91970 SCOTT MICHAEL WOLD, 3026 CASCO POINT ROAD - CONDTTIONAL USE PERMIT - RESOLUTION #3486 Goetten moved, Jabbour seconded, to adopt Resolution #3486 for a conditional use permit for Scott Wold at 3026 Casco Point Road. Ayes 4, Nays 0. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 24, 1994 ( #S) #1974 TYLER CORBIN, 4685 NORTH SHORE DRIVE - CONDITIONAL USE PERMIT - RESOLUTION #3487 • Mr. Corbin was present. Mabusth reported that the former property owner was before the Council in 1982 for a CUP and variance to allow two tiers of retaining wall and stairs that have since deteriorated. This application has been amended to include a three -tier boulder wall, 4' in height, with a walkway and access stairs to the shoreline. This includes an increase to the hardcover amount in the 0 -75' zone only because the calculations were done after the original stairs were removed. Mabusth said the Planning Commission gave conditional approval for the permit with a stipulation to provide a landscaping plan to buffer the starkness of the walls as well as removal of a driveway within the 0 -75' zone, located on the east side of the property within a five-year period. This would allow the driveway to exist up to where the entrance to the tuck -under garage is located for access to the garage. The Planning Commission addressed the financial hardship by allowing the driveway removal to occur over a five -year time period. The hardcover is 28% in the 0 -75' zone and 64% in the 75 -250' zone. The Planning Commission felt this was excessive. The applicant's position was that he did not put the hardcover in, as the property is still as he bought it, nor has he added to it. • Mabusth said the City was concerned with the driveway and reported that in the three land -use files on record, none of the improvement plans showed the access drive. The most recent application plan shows only the two - tiered retaining wall. Mr. Corbin said the builder he hired to replace the deteriorated timber wall was to have applied for a permit and did not. He reiterated his opinion that this project will actually decrease the hardcover percentage in the 0 -75' zone, even though the plans show an increase, because of the calculations having been done after the original walls were removed. His plan is to install grass in the area between the old walls. Corbin remarked he would also like to include lot 74, which he owns, in the hardcover calculations and would be willing to combine lots if necessary. Goetten asked for clarification on the hardcover amount. It was noted that the City has only the amount listed on the application and what is visibly there now to go by. Goetten informed the applicant that the only time the City has an opportunity to make improvements on a property is when an application such as this comes before the Council for a variance or CUP. The Council is concerned with the runoff entering the lake from the driveway in question. Jabbour redirected the Council to look at the previous applications brought before the Council in 1976, 1978, and 1982. Nowhere did the driveway present itself on any application. Jabbour's opinion is that the applicant should ask for a variance for this driveway_ is 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 24, 1994 ( 98 - Item #1974 - Corbin - Continued) • Hurr also noted that the area between the tuck -under garage and the driveway is listed as being grass. The applicant confirmed that the area in front of the garage door is cement. This would add more hardcover to the percentages now listed. During discussion, Cook said that no new walls would be needed if the driveway was removed. Hurr said that the time limit of five years would be difficult to track. Jabbour commented that financial obligation cannot be a factor in determining hardship, and noted money could be saved if the work was done at the same time as the retaining walls. Jabbour moved, Goetten seconded, to approve Resolution #3487 for a conditional use permit for Tyler Corbin at 4685 North Shore Drive with the condition of removing the driveway in the 0 -75' zone per the Planning Commission recommendation. The applicant has the option to remove said driveway now or be given a one -year grace period requiring the applicant to post one - and -a -half times the cost of removal. Ayes 4, Nays 0. (#9) #1978 WESTONKA INTERVENTION PROJECT, 2380 SHADYWOOD ROAD Mr. Hessburg, Director of Westonka Intervention Project was present. • Callahan reported the project is looking to begin a shelter for battered women and their children at the old Grace Baptist Church building in Navarre. The shelter would consist of nine sleeping rooms for mothers and their children. The average stay is 17 days. Counseling would be provided. The present zoning code does not permit such a use. The applicant is requesting an amendment be made of the zoning code. The Planning Commission said the proposed use has merit at this location. Callahan asked Mr. Hessburg about the project's application with the City of Mound to use the Our Lady -of -the -Lake Convent for a shelter. Hessburg reported the Mound Planning Commission called for a public hearing because of the location being within 300' of a residential area. 12 Citizens voiced fear of violence and a possible decrease in property value if such a shelter was located there. Even though the project presented data to negate those fears, the Mound Council said the site was inappropriate for a shelter and would check into other zoning possibilities. Jabbour said this site appeared to be an appropriate location for a shelter. Goetten agreed but was concerned with changing the zoning code. Hessburg noted the school districts of Westonka, Orono, and Minnetonka all have service near the area to bus children to their schools. The location is also convenient for shopping and other bus services. C7 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 24, 1994 (#9 - Item #1978 - Westonka Intervention Project - Continued) • Hessburg reported the project works with a network of agencies. Due to the large need for shelters of this type, many times hotels and safe houses are used to assist victims. Police agencies are required by the State to work with agencies such as this. Victim advocates are contacted by the police, who provide counseling and placment in shelters. Callahan asked how these programs are started. Hessburg said plans are drawn up and block grant funds are applied for when a need is seen for such a facility. Hessburg feels the need in the Westonka area will fill this possible shelter and hopes communities will see the need to add other shelters in the western suburbs. Westonka Intervention Project has been in existence for I 1 years assisting over 500 victims. The project serves the Westonka area with the possibility of expanding into other western suburbs. The project is paid for by funding through a voucher system on a per -diem basis with the Department of Corrections and Human Services. Money is provided through the Block Grant Fund, which Orono contributes to. The project has a purchase agreement with the Conservative Baptist Conference in the amount of $190,000, with $80,000 down payment and $1 10,000 on a contract- for -deed. A closing date of 12/1/94 is projected with an extension possible to 2/1/95. The project has funds available for the projected $164,000 in renovation. The applicant must bring the building up to the standard when it was vacated. is Staff recommended potentially adding this use as a conditional use in a residential or limited business zone_ Council members recommended being able to control the use with restrictions. Callahan suggested tabling application and establishing a committee to decide on how to proceed with this application. It was moved by Callahan, seconded by Goetten, to table action on the Westonka Intervention Project to enable a committee to be established to review the project and how it might fit into the City's zoning code. Ayes 4, Nays 0_ MAYORICOUNCIL REPORT Hurr asked the status of the police survey. Moorse reported an upcoming meeting of three police officers and himself to discuss issues of concern. This is a follow -up of a previous meeting held with all police officers. Callahan reported receiving a call from an Orono resident upset at the amount of roads closed during rush hour. Her attempt to drive to her residence was stopped at CoRd 6, Brown Road North, Willow and Old Crystal Bay Road. Gerhardson reported a scheduling problem with Orono and Hennepin County. is 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 24, 1994 (Mayor /Council Report - Continued) • Hurr noted Watertown Road, going up to Willow, was full of debris this week and needed follow up. ENGINEER REPORT City Engineer Cook had no comments for the Council. ( * #10) PAY REQUEST #1 BUFFALO BITUMINOUS Goetten moved, Jabbour seconded, to approve the payment for the Brown Road Reconstruction, Watertown Road Culvert, in the amount of $18,536.40 to Buffalo Bituminous. Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( * #11) NO PARKING ON BROWN ROAD NORTH - RESOLUTION #3488 Goetten moved, Jabbour seconded, to adopt Resolution #3488 restricting parking on Brown Road North from Highway 12 to County Road 6. Ayes 4, Nays 0. ( * #12) REVISED SUMP PUMP INSPECTION ORDINANCE #129, 2ND SERIES • Goetten moved, Jabbour seconded, to approve the revised sump pump inspection ordinance #129, 2nd Series. Ayes 4, Nays 0. (- #13) ASSESSMENT DEFERRAL REQUEST - HENRY SKARP - RESOLUTION #3489 Goetten moved, Jabbour seconded, to adopt Resolution 43489 approving the reapplication of special assessment deferment for Henry M. Skarp. Ayes 4, Nays 0. ( #14) PART -TIME OFFICERS - START DATE AND PERA RESOLUTIONS 43490 AND #3491 Hurr questioned and was informed that the City pays into PERA for all eligible part-time employees. One of the two new officers is currently enrolled in PERA. When an employee, whether police or non- police, transfers to another employer, who also has PERA, the pension transfers also; or if employed by both, both pay into the fund_ This resolution is to allow the City pension payments for these officers to be paid into the PERA Police and Fire Fund instead of the regular PERA fund. The two funds have different formulas that determine the share that the City and employee pay into their • particular fund. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 24, 1994 ( #14 - Part -Time Officers - Continued) Hurr moved, Goetten seconded, to approve the appointment of Neal Melton and Bill • Persell to positions as part -time police officers effective November 7, 1994, at a pay rate of $10.92/hour, and to adopt Resolutions #3490 and 93491 establishing their eligibility for coverage in the PERA Police and Fire Fund. OTHER INFORMATION PROPOSAL TO THE CITY OF LONG LAKE FOR ACCOUNTING SERVICES The City of Long Lake is considering a proposal to contract with Orono for accounting services_ Other possibilities are to hire an employee or contract with a private firm. Moorse requested direction and parameters from the Council in considering this proposal. Long Labe would like to receive a proposal to be presented at a meeting on November 11, 1994. The City would need to recoup their costs including administrative overhead as well as building costs. Jabbour commented that working together with other cities is important but questioned at what point do we save or tip the scales in the other direction. Jabbour said we needed to look at what we are after and where we are at in our cycle of needing a part-time or full -time person. It would depend on the department and their amount of free time to service this account. Jabbour said we do need to recoup our cost and some overhead but we need to answer these questions: Are we in the business of supplying to other cities. • Do we expand and search out other cities. What is our dependence on other cities. Callahan is agreeable to providing this service to the City of Long Lake, one positive factor of many being their location. At this point, Moorse said the City would potentially need to hire a part-time clerical person or an intern to relieve some of the duties within the finance department, but sees no need to hire a full -time employee in order to provide this service. The hours involved will be minimal and additional help would only be needed if the finance department were to develop an internal project that required additional help. The Council agreed to explore the proposal. 8 • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 24, 1994 COMPLETION OF CITY FACILITIES • Moorse presented the Council with a Facilities Budget/Expenditure Summary to close out the City facilities and budget. A top priority is the air exchange system to the Council Chambers. There is currently no method to exhaust the air or to bring in fresh air resulting in the chamber being overly warm whether winter or summer. Staff is recommending the architect be directed to proceed with work to determine how best to add this air exchange unit to the existing furnace system and provide a cost estimate. Quotes would then be obtained from contractors and brought to the Council for approval. Goetten questioned whether it was the responsibility of the architect originally to have solved this problem. Moorse said this was discussed in the early planning stages. The HVAC system is not large, so it had been determined not to include an air intake to keep costs down. The Council agreed that this problem needed to be solved. Jabbour also asked the status of the police garage floor. Moorse said this was authorized to be done and is to be taken care of shortly. The contractor and architect were notified that this had not been completed. • TH 12 CORRIDOR STUDY UPDATE LETTER Gerhardson passed out to Council members a letter regarding the historical society and the environmental impact review. The potential Hwy 12 land where the pump house is located will be walked by the historical society. They, as a routine, check for historical value and hand dig to check for fill. This will only be done after receiving written permission. This letter grants that permission. • CITY ATTORNEY'S REPORT City Attorney Barrett requested adjournment to Executive Session at 9:50 p.m. ( * #15) LICENSES Goetten moved, Jabbour seconded, to approve the septic system installer license for Duane's Septic Service, St. Michael, Mn 55376. Ayes 4, Nays 0. ( * #16)BILLS Goetten moved, Jabbour seconded, to approve payment of the All Funds Account. Ayes 4, Nays 0. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON OCTOBER 24, 1994 ADJOURNMENT moved to adjourn the meeting of the Regular City Council to Executive Session • Callahan mo } g at 9:50 p.m. Edward J. Callah Jr., Mayor • • 10