Loading...
HomeMy WebLinkAbout07-12-1993 Council MinutesE r: MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers J. Diann Goetten, Charles Kelley, and Gabriel Jabbour. JoEllen Hurr arrived at 8:04 p.m. The following represented the City stiff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Engineer Glenn Cook, City Attorney Kevin Staunton, and City Clerk Dorothy Hal Iin. Sandra Smith, Candace Rowlette and Stephen Peterson was present to reoresent the Planning Commission. Mayor Callahan called the meeting to order at 7:30 P.M. ( #1) CONSENT AGENDA Goetten added Item #15. Jabbour removed Item #2 and added Items #6, 7, 9 and 11 • Mayor Callahan removed Items #16 and 21. It was moved by Goetten, seconded by Mayor Callahan, to approve the Consent Agenda as amended. Ayes 4, nays 0. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. ( #2) APPROVAL OF MINUTES Jabbour asked that the verbatim portion presented be included in the minutes for Item #23 on the agenda. It was moved by Jabbour, seconded by Goetten, to approve the minutes of the regular Council meeting held June 28, 1993 as amended. Ayes 4, nays 0. PARK COMMISSION COMMENTS There were no comments. PLANNING COMMISSION COMMENTS There were no comments. PUBLIC COMMENTS • There were no comments. 1 v MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 ( * #3) #1811 C. Jack Remien, 3237 Casco Circle - Variance - Resolution #3300 It was moved by Jabbour, seconded by Mayor Callahan, to adopt Resolution #3300 for Application #1811 for C. Jack Remien, 3237 Casco Circle, approving lot width and lot area variances to construct a new residence. Ayes 4, nays 0. ( #4) #1821 MARGO & STEVE WIRTJES, 3085 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - RESOLUTION #3301 John Ploetz, applicants' attorney, was present. Mabusth explained the conditions of approval. Mayor Callahan clarified that the resolution requires relocation of the well prior to final subdivision approval. Mabusth concurred that it does based on the Planning Commission recommendation. • Ploetz said his client objects to this condition based on cost factors of moving the well. He referred to a declaration of restrictive covenant that could be filed in the chain of title that would notify future owners that the well would need to be relocated if the alternative septic system were to be used. Mabusth said the on -site septic inspector granted a setback variance for the existing septic system to allow the current owners use of such system. The septic system was installed first and the State Well Inspector approved a 50' setback which does not meet City Code requirements calling for a 75' setback. Rowlette explained she voted against the motion to require the well to be relocated as she felt it was a burden to the current owner. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3301 for Application #1821 for Margo and Steve Wirtjes, 3085 Watertown Road, granting preliminary approval of a Class III two lot plat, subject to the resolution being changed not requiring the well to be relocated at this point. Ayes 4, nays 0. • N • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 ( #5) #1823 MARGE ROSSING, 130 CYGNET PLACE - VARIANCE Mabusth explained the application was reintroduced to the Planning Commission at their June meeting because the applicant had failed to locate a 4x12' deck to the northeast side of the 20x28' proposed addition. The proposed addition will require a street and rear setback variance, and the deck will be 26' from the rear lot line. The major issues raised were regarding the condition and use of the property, spec ir'icaIIy a home occupation license for the commercial use of the property. She noted staff has witnessed a great deal of improvement on the property from years past. The problem is the additional parking on the property. The major concerns raised did not have a direct correlation to the variance requested, and it was felt the violations should be dealt with under a home occupation license. Since the last review by the Planning Commission, the Building Official has requested that the applicant apply for a home occupation license. Also the applicant proposes the installation of a second accessory structure and a privacy fence to buffer vehicle parking near this structure. The Planning Commission did • not approve the addition of the deck. The variance approvals were conditioned on the staging of the improvements. Mabusth said the problem is with the exterior storage of equipment for the son's home occupation. • Mayor Callahan asked if staff feels there is a problem. Mabusth stated she has not had any reports on the Ros.sing property in the last few years outside of, complaints expressed at the public hearing during the current review of this application. It was moved by Jabbour, seconded by Goetten, directing staff to prepare an approval resolution for the addition to the principal structure and to deny the variance for the 4x12' deck for Application #1823 for Marge Ross i ng, 130 Cygnet Place. Ayes 4, nays 0. ( * #6) #1830 RICHARD F. OORLOG, 1058 LOMA LINDA AVENUE - VARIANCES - RESOLUTION #3302 It was moved by Goetten, seconded by Mayor Callahan, to adopt Resolution #3302 for Application #1830 Richard F. Oorlog, 1058 Loma Linda Avenue, to permit the construction of.a lower level deck, and dining room addition. Ayes 4, ayes 0. 3 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 ( * #7) #1833 LAWRENCE ELLEN, 2879 CASCO POINT ROAD - VARIANCES - RESOLUTION #3303 It was moved by Goetten, seconded by Mayor Callahan, to adopt Resolution #3303 for Application #1833 Lawrence Eisen 2879 Casco Point Road, granting an average setback variance for a two -story enclosed addition and hardcover variances within the 75 -250' zone for the construction of additional additions. Ayes 4, nays 0. ( #8) #1834 MARY K. MCCARTY, 245 TONKA AVENUE - VARIANCES - RESOLUTION It was moved by Mayor Callahan, seconded by Jabbour, to table Application #1834 for Mary McCarty, 245 Tonka Avenue, to allow the applicant to be present. Ayes 5, nays 0. ( * #9) #1835 DAVID & ELLEN PHELPS, 1950 FOX RIDGE ROAD - VARIANCE - RESOLUTION #3304 It was moved by Goetten, seconded by Mayor Callahan, to adopt • Resolution #3304 for Application #1835 David and Ellen Phelps, 1950 Fox Ridge Road, granting a front /street setback variance to construct an addition to the existing residence. Ayes 4, nays 0. ( #10) #1837 CINDY FREDRICKSON, 1516 LONG LAKE BLVD - VARIANCES - RESOLUTION #3305 Mabusth explained the applicants propose a 24x32' detached garage to be I ocated 2' f rom the eastern I of I i ne and 6' f rom the rear and the removal of an existing garage. This allows for only a 6' separation setback. The applicant proposes that the structure be moved 2' back al lowing on I y a 4' setback from the rear lot I i ne but an 8' separation. Kelley questioned the applicants' hardship for the variance. Fredrickson replied they have a small lot and are subject to 2 acre standards. Mayor Callahan read a letter in favor of the app I i cation from James E. Bigham, 1540 Long Lake Blvd. Jabbour felt the proposed garage will be an improvement to what is currently on the property, but he felt uncomfortable granting a separation variance. L� 4 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, -1993 ZONING FILE #1837 - CONT. Moorse explained the reason for the 10' separation requirement is to avoid fire jumping between buildings. Mabusth replied they would be required to orovide fire walls. It was moved by Jabbour, seconded by Mayor Callahan, to adopt Resolution #3305 for Application #1837 Cindy Fredrickson, 1516 Long Lake Blvd., granting variances to permit the construction of a detached garage allowing an 8' separation, a 4' rear setback, and a 2' side setback. Ayes 4, nays 0. ( * #11) #1839 ROBERT H. OWENS, 1700 BOHN'S POINT ROAD - VARIANCE - RESOLUTION #3306 It was moved by Goetten, seconded by Mayor Callahan, to adopt Resolution #3306 for Application #1839 Robert H. Owens, 1700 Bohn's Point Road, granting a variance to permit the construction of a • third stall to the existing attached garage, an addition to the kitchen and a stair leading from main level patio doors. Ayes 4, nays 0. • ( #12) ROY RASMUSSEN REQUEST FOR REVIEW OF SEPTIC SYSTEM NONCONFORMITY Mr. Rasmussen, Jerry Johnson, septic contractor, and Patrick Neaton, applicant's attorney, applicant's realtor, were present. Moorse explained that the septic inspector .identified their system as being non - conforming in terms of the required 3' separation. Rasmussen is requesting a variance to that separation requirement. Neaton explained the system was installed in 1978 and was found to be conforming at the time. The system is a working system with no evidence of contamination. The difficulty lies in meeting the standards of the recently adopted shoreland regulations. This presents a major hardship to the applicant. Kelley felt they need to understand where the 1,000' line is located. Mabusth explained this property is just at the edge of the 1,000' setback from French Lake, upper basin. 5 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 RASMUSSEN REQUEST - CONT. Moorse explained the buyer of the property requested septic certification, which was done and the inspector found the system did not meet the 3' separation, which was reported on the certification. Rasmussen stated the most recent inspection was done in July 1991 and the system was found to be adequate at that t ime. The I ater change in the ordinance created the problem. He said they are not asking the Council to say the existing system is conforming with the 1992 standards, but merely requestir.g a variance to those standards as the system is a functional system. Moorse said the City has always had the 3' separation requirement, but did not enforce in prior years if the system was functioning. Rasmussen stated when the system was originally installed there was a larger than 3' separation, but due to the mottled soil requirement, the system is now considered non - conforming. • Jabbour clarified the system was installed in 1978, and in 1979 the standards were adopted but not forced upon existing systems. In 1992 with the adoption of Shoreland Management regulations, the City decided it would become tougher on enforcement of the standards and all systems in the City will be required to meet the stricter standards. Neaton said as a practical matter this issue will surface again when the new owners wish to improve the property, but he felt the current owners should not have to bear the cost of a new system because the current system is functioning and was legal when built and should therefore be grandfathered. Mayor Callahan opposed the term grandfathered. Jabbour said he has a problem in the past with the terms legal non- conforming versus illegal non - conforming. When a building is standing up and a new ordinance is adopted that makes the building non - conforming, should the building be removed? He said he has justified in his mind that somehow non - conforming means it becomes a detriment to the public health and welfare. He said just because his septic system has been found to be dumping some residue into the lake does not mean that he has the right to forever after continue to do so. He said there may be some justification in allowing the home to be sold with the current system anticipating • improvements to the property when the new owners take ownership. 0 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 RASMUSSEN REQUEST - CONT. Goetten stated it has been suggested that Council allow up to one year to bring a non - conforming system into conformance, and asked if the current owner knew the buyers' intentions. Applicant's realtor stated obviously the new owners are not very happy about this future expense. He noted the time table has created a major hardship to the Present and future owners. Hurr asked if the mortgage holder is requiring the system to be conforming. Applicant's realtor stated the mortgage company is more concerned that the system is functioning, which it is. The buyer has indicated he would possibly like to construct a deck and has reviewed with the City the requirements. Jabbour said the City currently does not have a policy on when all • systems will be required to conform, but they do have a policy on how often to inspect and beginning this year all systems will be inspected for separation. He did not anticipate a change in the septic system requirements. He said he would not have a problem with allowing a two year time period to make the system conforming. Mayor Callahan suggested they not take any action that evening. He stated they all feel the system will need to be upgraded to be conforming, but the real estate agent has suggested an extension to the time period for which the system must conform would be helpful. Hurr felt the owners should be given a one year time period from the date the entire neighborhood is inspected, the same as anyone else would be allowed. Jabbour felt a two year time period would be fair, or until the buyer improves the property, or the City adopts a new policy on enforcement. Goetten agreed. Mabusth stated the City currently does have a time period established of one year. Johnson noted mottling is not a true indicator of separation, and he felt the City will be faced with many similar judgement calls. • He stated the system was highly inspected during installation and is functioning. 7 C] MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 RASMUSSEN REQUEST - CONT. It was moved by Mayor Callahan, seconded by Goetten, to find that the septic system is non - conforming and moved to give the applicant or his successor two years to correct the situation, or until the time the system is proven to be failing. Staunton deemed this request to be a variance from the policy. Mabusth stated this could be an administrative variance and handled internally. Mayor Callahan . recessed the meeting for 10 minutes. Staunton explained the applicants' counsel has suggested the triggering event for a correction to the situation be an application for some improvement by the future owner. The Council has correctly stated the policy that a non - conforming situation must be corrected within one year, and if Council wishes to grant a variance for this situation, they will establish a precedent for any other requests, and if it is Council's wish to allow owners two • years to remedy the situation, then the Code should be changed. Mayor Callahan withdrew his motion and Go 6tten her second. It was moved by Mayor Callahan, seconded by Goetten, to change the ordinance allowing a: one year grace period for non - conforming systems to become conforming to a two year period. Ayes 5, nays 0. ( * #13) JOINT USE DOCK LICENSE - BIG ISLAND VETERAN'S CAMP - RESOLUTION #3307 It was moved by Goetten, seconded by Mayor Callahan, to adopt Resolution #3307 issuing a joint use dock License to the Big Island Veteran's Camp. Ayes 4, nays 0. ( * #14) FOREST ARMS SILT PROBLEM UPDATE It was moved by Goetten, seconded by Mayor Callahan, to accept the information presented on the Forest Arms siltation problem. Ayes 4, nays 0. • 8 • MINUTES OF A REGULAR ORONO COUNCIL MEETING. HELD JULY 12, 1993 MAYOR /COUNCIL REPORT Jabbour said he has heard from one contract city that the canine unit has been discontinued as of last Friday. Moorse reported they have not done so yet. but are looking to do so because the canine they currently have was not meeting the requirements of the City. Jabbour asked if there is a dog on duty currently. Moorse stated he believes so. Jabbour said he does not want to be questioned on a policy decision and not know the correct answer. Moorse assumed the Chief will be presenting the information at the next monthly report. • Kelley questioned about the guarantee on the landscaping for the new City Hall and asked who was monitoring the program. • Kelley asked for year -to -date budget information through June 30th including budgeted, actual and variance. Kelley suggested they discuss with the Planning Commission the City's policy on exchange of non - structure hardcover for structural hardcover. - Mayor Callahan commented that most plastic in place was not approved in the first place. Mabusth said the problem is the code does not distinguish between structure and non - structure hardcover. Kelley stated he would like to give more direction to the Park Commission in terms of direction and how broad their vision should be. Kelley felt they should do something about Lakeshore lots regarding lot width and the standards for determining such. • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 MAYOR /COUNCIL REPORT — CONT. Kelley asked Gerhardson when the cross walks will be marked with signs. Gerhardson said he hopes will be done within the very near future. Kelley stated over the past years he has relied on the City's inspector to determine if his septic system complies with regulations. He asked if it is true starting in 1993 that the inspector will be doing a separation jest with each septic inspection. Mabusth concurred that is the current procedure. Hurr reported the Highway 15 Committee will meet on Thursday morning at 7:30 a. m. and someone from Hennepin County will be in attendance. CITY ADMINISTRATOR'S REPORT • ( * #15) RESIGNATION OF CITY RECORDER It was moved by Goetten, seconded by Mayor Callahan, to accept the resignation of the City :Recorder. Ayes 4, nays 0. ( #16) SUMMARY PUBLICATION OF THE 1992 FINANCIAL REPORT Mayor Callahan said he never received the information in his packet and suggested they do not approve the annual financial report until the audit is performed. Kelley clarified that the information was received. It was moved by Mayor Callahan, seconder' by Jabbour, to table approval of the 1992 Financial Report unt i I July 26th. Ayes 5, nays 0. ( #17) COOPERATIVE SERVICE STUDY AGREEMENT Kelley asked why Long Lake was not included. Moorse replied that it is the 14 lake cities that have been meeting. Once the analysis is compiled, Long Lake will be included. Jabbour felt we have a lot more in common and a much bigger • commitment with Long Lake than some of the other cities around the lake. 10 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 COOPERATIVE STUDY — CONT. Hurr stated she was just informed about the meetings about two weeks ago and was concerned about this lack of information. Moorse explained up until recently they were unsure of any outcome and funding for the project. Mayor Callahan felt it was a worthwhile program. Kelley felt it was away to find creative ways of doing certain tasks. It was moved by Mayor Callahan, seconded by Kelley, to join in the agreement and move the program ahead. Ayes 5, nays 0. Jabbour said it appears that Mayor Callahan is removing himself from an administrative position to being « salesman. He felt they have already done a good job for their sister community, • Minnetrista, to try and reduce their inspection charges and got creamed in the politics. He felt they have to make sure each administrator is a part owner of the policy. He felt the City Council should be informed of such programs right from the beginning. Moorse said basically the Administrators and Department Heads will be involved along with the Metropolitan Council and their interns. He agreed this wi I I take alot of work from the City staff, but wi I I be worthwhile in the end, and he felt this should be a part of the City staff's general responsibility. Goetten said she has advocated this for several years and hoped the Metropolitan Council will have some innovative ideas. Hurr felt this may not be the ideal study group to work with. Kelley said they need to start somewhere and may pick up some ideas that can be used with other cities. Vote: Ayes 5, nays 0. ( #18) MUSA EXPANSION ALTERNATIVES Moorse stated this memo presents two phases: 1) the Nettles' and the sewer plant property; and 2) future "hot spots" for sewer. • It was moved by Mayor Callahan, seconded by Jabbour, to direct staff to proceed in the manner indicated. Ayes 5, nays 0. 11 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 ( #19) PRELIMINARY LONG LAKE FIRE CONTRACT Kelley felt the preliminary contract is great. The main issues are the sharing of the revenue loss and procurement of equipment. The contract provides for Orono sharing in the operating loss in the same percentages as is shared for the operating revenue. The language related'to dissolution of the agreement was discussed in terms of the division of assets amoung the cities. Moorse stated in terms of the past purchases this may be a critical issue, but Long Lake does not have a problem with this language relating to future purchases. Kelley stated in the last couple years they have spent major money on equipment. Jabbour noted he views his relationship with Long Lake totally different than a year ago, and now they are just fine tuning the contract. • Hurr questioned the automatic renewal. Moorse stated after the first three yea- contract, they would automatically go with a one -year renewal contract. Hurr felt the market value was not a fair comparison to use in the formula. Kelley stated Moorse has also calculated into the formula the number of fire calls and man hours. Hurr felt they should include past equipment purchases in the dissolution section. Mayor Callahan felt the termination notice was excessive. He questioned the dissolution process. Kelley stated this can be worked out with Long Lake. It was decided that the City should share the preliminary contract and excerpts of these minutes with Long Lake. ( * #20) 1992 POLICE BUDGET REPORT It was moved by Goetten, seconded by Mayor Callahan, to accept the • 1992 Police Department Operations financial data. Ayes 4, nays 0. 12 • MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 ( #21) 1992 COMPREHENSIVE ANNUAL FINANCIAL REPORT It was moved by Mayor Callahan, seconded by Jabbour, to table a decision on the 1992 Comprehensive Annual Financial Report to the next meeting. Ayes 5, nays 0. ( #22) ORDINANCE REGARDING SURFACE USE ON LONG LAKE Mayor Callahan said he is willing to cooperate with Long Lake in I i m i t i ng jet skis, but fe I t it would be easier to ban them entirely than enforce the proposed ordinance, and he felt the ordinance should not incorporate reference to other entities ordinances. Goetten asked about the decision about jet skis on Lake Minnetonka. Hurr stated there are water patrol people on the lake monitoring usage. She said she does not agree with the hours of usage. Jabbour felt they should not deny people use of the bake. • Mayor Callahan noted the size difference of the two cities and the impact on Long Lake. Kelley indicated he was not in favor of adoption of an ordinance that restricts personal use, especially one that cannot be enforced. He opined that entities over - regulate, and said he is not in favor of this regulation. Goetten said she does not agree with the language in the ordinance in its entirety. Hurr felt the ordinance is too vague. Moorse reported it is felt by Long Lake that the problem arises from those trailering the jet skis onto the lake. Jabbour said he would like to see it regulated but does not want to violate peoples' rights. Hurr said they cannot ban all jet skis because it would be more restrictive than the DNR allows, and they are a licensed watercraft. She suggested regulation of noise, speed and hours of operation. Mayor Callahan clarified that the Council does not feel the • ordinance is feasible in terms of enforcement, but feel it -is a good idea. 13 . MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 ( * #23) LICENSES It was moved by Goetten, seconded by Mayor Callahan, to approve the following licenses: Special Event Application - Corn Days - Foot Race August 15, 1993 12:15 p.m. to 1:00 p.m. Evaluator /Designer License - Don's Backhoe Septic System Installer - Don's Backhoe Limited Firearms Use Permit - Robert Sorensen, 4245 Chippewa Lane Ayes 4, nays 0. ( * #24) BILLS It was moved by Goetten, seconded by Mayor Callahan, to approve • payment of the All Funds Account. Ayes 4, nay 0. Mayor Callahan noted they need to hold a hearing for Mr. O'Brien and asked how it reached the prominence it did in the newspaper. Moorse stated the information is public and the press chose to publish it. Jabbour asked why it was discussed in closed session at the last meeting. Moorse replied the Council's initial deliberations were confidential. Kelley noted it would seem to have been a better solution to have sat down with the individual and asked if he wished to appeal it. He assumed that had happened. Mayor Callahan stated apparently the first part of it was if he wanted to come to a hearing, and he did not, now he wants to exercise his appeal rights. Jabbour questioned if he did waive his right to address the Council • during discussion. 14 • , `I 11 u MINUTES OF A REGULAR ORONO.000NCIL MEETING HELD JULY 12, 1993 ki Staunton stated he did not have a right to come and address the Council as it was not a hearing in the sense of gathering evidence but the ratification of the City Administrator's decision based on records. The personnel policy requires the meeting to be held in closed session. Moorse noted they have had discussions with him and plan to work it out. Hurr asked why they have taken the action and the suspension as the paper stated. Moorse stated the decision was made to suspend. The employee has now appealed that decision. Hurr felt there was a way to make this not as public as he did not waive all his rights of appeal, did not want to appear or talk. • Kelley questioned about the meeting with the potential buyer of the sewer pond property. • Jabbour asked where is the report. Moorse said he just wanted to update the Council, but does not have an actual report. Mayor Callahan suggested they consider advertising the property. Moorse stated they need to get specifics on the property prior to that. The Council members directed the City Administrator to draft the specifics and present to Council. Kelley proposed that the excess funds in the park fund from the sale of this property be transferred in addition to the park land recently sold be placed in a fund earmarked for additional park land. He said he would be in favor of one lot. Jabbour asked that staff advertise the property and present results of such to Council at the next meeting. He felt all negotiations must be private. 15 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JULY 12, 1993 ADJOURNMENT It was moved by Mayor Callahan, seconded by Goetten, to adjourn the regular meeting of the Council at 10:40 p.m. Ayes 5, nays 0. Ed J. C lahan, Jr.,Aayor AT ST: Do othy Hall-in, City Clerk 16 • • •