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HomeMy WebLinkAbout08-09-1993 Council MinutesMINUTES OF A REGULAR ORONO COUNCIL MEETING • HELD AUGUST 9, 1993 ROLL The Council met on the above date with the following members present; Mayor Edward Callahan, Councilmembers J. Diann Goetten, Gabriel Jabbour. JoEllen Hurr arrived at 8:20 p.m. Councilmember Kelley was absent. The following represented the City staff: City Administrator Ron Moorse, Public works Director John Gerhardson, Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Engineer Shawn Gustafson, City Attorney Kevin Staunton, and City Clerk Dorothy Hallin. Sandra Smith was present to represent the Planning Commission. Mayor Callahan called the meeting to order at 7:30 p.m. ( #1) CONSENT AGENDA Goetten removed Items #7 and #10. It was moved by Goetten, seconded by Jabbour, to approve the Consent Agenda as amended. Ayes 3, nays 0. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. • ( #2) JIM BRANDL, DIRECTOR COMMUNITY EDUCATION SERVICES WAYZATA SCHOOL DISTRICT Mr. Brandl stated he was requesting the City Council to appoint an elected or employed representative to a collaboration council. Stating the main intent of the formation of this independent council is to encourage collaboration between all the cities and organization within the boundaries of the Wayzata School District. Goetten asked what prompted the establishment of this commission. Brandl stated it started last February with a space needs study within the community. It was recognized at that point that there were both city and school needs in the next 5 to 10 years. The school board recommended that a task force be established. Mayor Callahan asked if there would be requests for financial contributions if Orono cooperated in this organization. Brandl stated it may and they will also be looking at some grant possibilities. Mayor Callahan stated the Orono Council would consider the request and agreed the lack of duplication was good stating Council will give very serious consideration to this request. He thanked Mr. Brandl for appearing before to the Council. • 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 9, 1993 • ( *3) APPROVAL OF MINUTES It was moved by Goetten, seconded by Jabbour, to approve the minutes of the regular Council meeting held July 26, 1993. Ayes 3, nays 0. PARR COMMISSION COMMENTS There were no comments. PLANNING COMMISSION COMMENTS There were no comments. PUBLIC COMMENTS There were no comments. ZONING ADMINISTRATOR'S REPORT ( #4) #1840 JIM TAYLOR, 1342 REST POINT CIRCLE - VARIANCE - RESOLUTION #3313 Mr. Taylor was present. Mabusth stated this application involves the installation of a deck /walkway connecting upper level gravel parking area to deck at east side of residence. The structure will be located approximately 7' from the side lot line. The applicant has a • physical disability which prompts the variance application. The Planning Commission recommendation was to remove half of the patio by August 31, 1993 and the concrete slab by September 30, 1993. Applicant thought the dates were reversed and is requesting removal of the patio in September and the concrete slab in August. Planning Commission representative Smith stated there would be no problem with that request. Mayor Callahan suggested that hardships be based on other reasons than a physical disability. Mabusth stated the Planning Commission would be conducting a work session to review hardships. Jabbour asked that the hardship referring to a physical disability be stricken from the resolution. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3313 for Application #1840 for James Taylor, 1342 Rest Point Circle, granting a variance to permit the construction of a 22'7" x 314" deck /walkway connecting upper and level gravel parking area to an existing deck at east side of residence structure and removal of existing patio and concrete slab, subject to the resolution being amended to the requested removal dates. Ayes 3, nays 0. 2 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD AUGUST 9, 1993 ( #5) #1841 WILLIAM AND LORI CORNELIUS, 960 TONKAWA ROAD VARIANCE William and Lori Cornelius and Stephen Longman, their contractor, were present. Mabusth stated the application is for hardcover and setback variances within the lakeshore setback area to allow a section of an existing access drive, approximately 1200 s.f., to remain as part of a loop driveway in order to save a grove of mature maple and oak trees. Goetten asked why the driveway is not straight into the garage. Gustafson stated there is not much room for turning and backing `out of the garage. Mabusth stated the applicant did not know the loop driveway was within the 75' setback area until the snow melted and construction of the house had started. She noted there is 16% hardcover within the 250' -500' where 30% is allowed. Cornelius produced an old survey and pictures showing the trees he • is trying to save. There are no objections from abutting property owners. Jabbour asked what the hardcover percentages were within the 75'- 250' . After calculation Mabusth stated it would be 24.01 where 251 is allowed. Jabbour stated that the resolution should be amended to reflect 1200 s.f. of 0 -75 hardcover be included in 75 to 250 hardcover allowance and that staff develop a control on the removal of mature trees once driveway is installed. It was moved by Jabbour, seconded by Mayor Callahan, to approve the variance request for William and Lori Cornelius, 960 Tonkawa Road, subject to amendments. Amended resolution to be brought back to Council for August 23, 1994. Ayes 3, nays 0. ( #6) #1842 TOM BROWNE, 760 BROWN ROAD SOUTH VARIANCE - RESOLUTION #3314 Mr. Browne was present. • 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 9, 1993 • #1842 TOM BROWNE, 760 BROWN ROAD SOUTH - CONT. Mabusth stated the applicant is proposing a screen porch expansion within the 100' structural setback area from Tanager Lake over an existing deck, 162 s.f. deck addition to the south side of the existing deck and the enclosure of a 7 x 8 1/2 foot upper level deck. Applicant stated he had no objection to the removal of the pool from the application as the Planning Commission had recommended. Browne asked that a triangular section of deck be included in 162 s.f. of deck hardcover to allow for greater width in connecting deck area. It was moved by Goetten to adopt Resolution #3314 for Application #1842 for Tom Browne, 760 Brown Road South, granting variances allowing a 8 1/2' x 7' enclosed upper level deck, a 19 1/2' x 16' screen porch over an existing deck and a connecting deck addition and denies variances for a 20' x 26' deck /pool structure and includes approximately 15 s.f. of additional decking. Seconded by Hurr stating the play area should be able to be repaired. Goetten amended her motion to include the removal of Item #1 of the proposed resolution regarding repair of cement slab. Ayes 4, nays • 0. ( #7) REVISED DRAFT INTERIM STORMWATER MANAGEMENT - ORDINANCE Mayor Callahan stated he felt Council should consider the stormwater management plan before the Planning Commission. He directed staff not to have this item on the agenda for the August 18th Planning Commission meeting and to wait until Council has an opportunity to discuss this item. It was moved by Mayor Callahan, seconded by Jabbour, to set Friday, August 13, 1993, at 3:00 p.m. as a work session to discuss this item. Ayes 4, nays 0. Gaffron asked Council if the other 2 public hearings should be held. Council directed staff to proceed with the flag lot public hearing only. Mayor Callahan stated the Flood Plain and Wetlands Management would also be on the agenda for the work session on August 13th. Jabbour requested that general operations also be on the Agenda for the August 13th work session. 4 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING • HELD AUGUST 9, 1993 ( #8) TIMING OF PERMIT- TRIGGERED SEPTIC UPGRADES Gaffron asked for direction from Council regarding whether the two year time frame for repair of septic systems which are non- conforming solely due to the lack of three foot separation, should apply when there is an application for a building permit. Staff feels such systems should generally be upgraded concurrently with the building project. The DNR has also taken this position per their letter of 8/4/93. Hurr stated she agreed that the City should use building permits which add bedrooms or living space as a lever to ensure needed repairs are completed. Gaffron described various scenarios and types of permitted building projects that might or might not affect existing septic systems or future drainfield sites. Hurr noted it would be a disservice to our residents if they found out after their building project was completed that they had destroyed their only possible site for replacing the septic system. Council discussed the ramifications and impacts of using or not • using leverage at the time of a building permit and possible enforcement problems. It was moved by Hurr, seconded by Jabbour, that any building permit extending the exterior envelope would be the trigger for concurrent replacement of a non - conforming system. Discussion ensued as to whether additional issues would be forthcoming. Gaffron indicated that is likely, and this may be just one of many issues with septic code enforcement for which Council will be asked to define policy. He also noted that efforts at publicizing the new requirements have met with limited success as it seems few residents have read the materials sent out so far. Gaffron indicated a concern regarding holding up building projects proposed late in the year for as much as 6 months in order that site evaluation be completed prior to building permit issuance. Jabbour indicated this would be a real problem, since construction in Minnesota occurs year around. Mayor Callahan stated that dealing with the City is becoming burdensome for residents. Discussion continued regarding the construction process and how it is perceived by residents. Mayor Callahan called the question. Ayes 2, nays 2. Motion failed. It was moved by Mayor Callahan, seconded by Jabbour, to • 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 9, 1993 TIMING OF PERMIT - TRIGGERED SEPTIC UPGRADES - CONT. table this item to the August 23rd Council meeting and directed staff to bring back an outline of an ordinance which incorporates the triggering by application for a building permit, and which addresses the concerns about construction season timing, giving a number of options for Council to consider. Ayes 4, nays 0. Goetten stated she liked the idea of having options, and would like to see ways to inform the public included in the staff memo. MAYOR /COUNCIL REPORT Hurr stated the County Road 15 Safety Improvement Committee will be conducting a public information meeting on Monday, August 30th at 7:30 p.m. in the Council Chambers. Notice of this meeting will be mailed to the affected property owners and plans are available at City Hall for the public to review. After this information meeting Hennepin County would like some concept suggestions from the City so they can proceed with additional plans and possibly hold a public hearing in the Spring of 194. Mayor Callahan asked about the fire contract. Moorse stated agreements on major items have been reached. The contract is now • being reviewed by the Cities' Attorneys. The issues of dissolution and purchase of new equipment is being worked on. Mayor Callahan noted the police contracts should state the ability to change the contract if one or more of the contract cities drops out. Mayor Callahan questioned progress on the bike /hike trail. Moorse stated a list of things are being worked on. These include letters which include landscape plans being sent to abutting neighbors to solicit their concerns regarding the bike /hike path and contract language with Hennepin Parks. Jabbour noted his concern that the use of MSA funds for the this project is legal. Staff was directed to confirm this with City Engineer. Mayor Callahan stated he is considering hosting another Mayor's breakfast within the next 2 weeks. Mayor Callahan requested a joint meeting with the Planning Commission at 6:30 p.m. on Wednesday, August 18, 1993, to discuss the B -2 zoning of marinas. 6 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING . HELD AUGUST 9, 1993 CITY ADMINISTRATOR'S REPORT ( #9) FRENCH LAKE PARR - WILD FLOWER SEEDING Moorse stated the original request was for $1500 for preparing the property and planting wild flowers. After getting estimates from contractors the price has increased to $1900. Therefore the request is for an additional $400. It was moved by Jabbour, seconded by Hurr, to approve an additional $400 for wild flower seeding at French Lake Park. Ayes 2, nays 2. Motion fails. It was moved by Jabbour, seconded by Callahan, to use the original $1500 approved and do as much of the work as possible. Hurr moved to reconsider, seconded by Jabbour, to approve an additional $400 from the park dedication fund to be used for wild flower seeding at French Lake Park. Ayes 3, nays 1. Goetten nay. Goetten stated she feels the Public Works Department should be doing the work to save money. ( #10) 1993 SEAL COATING PROJECT REJECTION OF BID Goetten removed this item from the consent agenda. She asked; does this mean there will be no seal coating of any of the streets, why not go out for other bids and are you going to do twice as much seal coating next year? Gerhardson stated that after comparing the bid price with last year's cost this was much higher. He stated'we will probably double up on seal coating next year and use the money we save on seal coating for 193 for paving this year. No action by Council. ( #11) COUNTY ROAD 6 UPDATE Moorse stated this is information regarding the County'.s plans for improvement to County Road 6 from Highway 12 southerly and westerly to County Road 90 in Independence. Mayor Callahan appointed the County Road 15 Committee and himself to review the concept of the County Road 6 project. ( #12) WORK SESSION TO REVIEW PROPOSED 1994 ANNUAL BUDGET Moorse suggest this work session be held the week of August 23rd. Council established Thursday, August 26, 1993, at 7:45 a.m. as a work session to review the proposed 1994 Annual Budget. 0 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 9, 1993 • ( #13) 1993/1994 ASSESSOR PROPOSAL Hurr questioned what was included outside the contract amount; postage, stationary or what else. What is the total cost per year. Jabbour requested the charges to other cities under his contract. Mayor Callahan stated Council will table this item until the August 23rd meeting and requested staff to determine total cost, comparison information and information as to how Mr. Erickson arrives at his fee. Callahan requested this information be mailed to Council prior to the August 23rd meeting. ( #14) SEWER PLANT PROPERTY SALE Moorse stated the City Attorney has reviewed the purchase agreement and a number of changes were made and sent to the purchaser. We are in agreement with everything but the access to the property and the Mayor's changes to the MUSA language. Council directed the Public Works Director to identify the trees which will be moved by the purchaser. Council stated a wider access between the MWCC property and the property to be sold be indicated. Hurr noted the balance owed • should be changed from $300,000 to $200,000 because the purchaser has paid $100,000 down. Mayor Callahan suggested that Council authorize the Mayor and City Administrator to negotiate the contract in accordance with changes made and have the language approved by the City Attorney that the city be allowed to enter into the contract. CITY ATTORNEY REPORT Staunton stated he had received information from Leon Erstad, who represents the City in the Richard Stodola matter, the judge has ruled the City must negotiate a shared dock with the Tillotsons. Council requested this item be discussed in executive session at the August 23, 1993 Council meeting. ( #15 *) LICENSES It was moved by Goetten, seconded by Jabbour, to approve the following license: One Day Liquor License - Smith College Club of MN Minnetonka Center for Arts September 11, 1993 Ayes 3, nays 0. 8 • MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 9, 1993 ( #16 *) BILLS It was moved by Goetten, seconded by Jabbour, to approve payment of the All Funds Account. Ayes 3, nays 0. ADJOURNMENT It was moved by Goetten, seconded by Jabbour, to adjourn the meeting at 10:37 p.m. Ayes 4, nays 0. Edward J. Cal ahan, r., ay • • 9