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HomeMy WebLinkAbout02-24-1992 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1992 ROLL The Council met on the above date with the 'following members present: Mayor Barbara Peterson, ° Councilmembers Gabriel Jabbour, Edward Callahan, and J. Diann Goetten. Mary Butler was absent. The following represented the.City staff: City Administrator-Ron Moorse, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning' Administrator Michael Gaff ron, City Attorney Tom Barrett, City Engineer Glenn Cook and City Recorder Teri Naab. Mayor Peterson called the meeting to order at 7:00 P.M. ( #1) CONSENT AGENDA It was moved 'by Goetten, seconded by Mayor Peterson, to approve the Consent Agenda. 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 I It was moved by Goetten, seconded by Mayor Peterson, to approve the minutes of the regular meeting of the Orono Council held on February 10, 1992. Ayes 4, nays 0. ( #3) PLANNING COMMISSION APPLICANT INTERVIEWS j Mayor Peterson welcomed the applicants and asked them to step forward as they were called and briefly tell the Council about themselves. Robert P. Hare, V, 1600 Long Lake Blvd Hare stated he has been a resident of Orono for the last 4 years, and also in the lat6 1970s lived on Casco Point. He noted he has three children, one of which is in the Orono school system. He and his family intend to make their permanent residence in Orono. He added he is a real estate agent with a Wayzata firm, and therefore has had extensive experience in new construction and land development. He stated he has no past experience in civic service. Goetten noted that his application states he has experience in land use and planning. Hare reiterated that experience has been job related, ranging from simple subdivisions and variance requests to major subdivisions. He explained he has had experience in conceptually dividing land j for proposed divisions. 1 Ar a.. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1992 PLANNING COMMISSION APPLICANT INTERVIEWS - CONT. Goetten asked if his professional interest has prompted him to apply for this position. Hare explained land use and development are an interest of his. Goetten announced that Orono is quite conservative in its development and land use and asked Hare how he felt about that position. Hare stated he is in favor of having a strict control over development and he is not necessarily pro - development. Jabbour asked if he had attended any of the Planning Commission meetings 'and realized the type of commitment this position requires. Hare noted he has attended some of the meetings in Orono, and some meetings of other cities, and realizes the type of commitment required for the position. He asked what the length of time the appointment was for. Goetten noted it currently was a one year position, but may revert back to a three year position. Hare noted Mabusth had encouraged him to apply for the position. Mayor Peterson asked if he had reviewed the Comprehensive Plan. Hare stated he had not. William F Miller, 2691 Casco Point Road Miller explained he is a CPA working for a real estate management company. He relocated to Orono last June from the Los Angles area. He noted he is interested in getting involved with the community, and also after having the experience of trying to obtain a variance for his property, felt he Is aware of the ordinances and wanted to get involved further. Mayor Peterson noted that on his application he made reference to that fact that in the LA area development ran rampant. She asked what he felt Orono could do to avoid the same type of scenario. 2 i MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1992 PLANNING COMMISSION APPLICANT INTERVIEWS - CONT. Miller felt that LA made too many exceptions to its general plan. He stated that at one po i nt he I i ved i n an apartment, where the land owner purchased 8 apartments on a two block radius and asked to be allowed to convert to a high -rise. He noted he fought against approval of the plan, but the City approved it even though it was against their general plan. He felt that government should plan a role in growth of development within the Community. Steve Peterson, 1065 Tamarack Drive Peterson explained he has been a life -time resident of the area and has two children. He works within the electrical distributing business and is involved with construction. He emphasized that he is aware of the quality of Ii fe in this area and wishes to work towards maintaining that for his children. He explained he can read blue prints, road layouts and elevations and felt that would be an asset. He noted he has had no civic service experience, but has been the chairman of the administrative board for his church. Goetten asked if he had reviewed the.Comprehensive Plan. Peterson stated he had not. Goetten asked if he felt Orono's conservative position was good for the area. Peterson noted that he felt the future is bound to mean change, but felt the conservativeness of the past has been good. He felt that proper planning is good-and yet there has to be some growth. Callahan noted his application states he is familiar with the LMCD's requirements. Peterson noted he was a member of the Wayzata Yacht Club for years. i 'Jabbour asked if he was aware of the commitment of time this position would involve. Peterson felt it was an obvious commitment. Goetten asked why he had decided to apply for the position. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1992 PLANNING COMMISSION APPLICANT INTERVIEWS - CONT. Peterson commented this is his home for many years to come and wanted to insure the quality of his children's future. Mayor Peterson announced that the decision will be made at the Council meeting of March 9th. Jabbour noted there is only one vacancy and urged all applicants who are not chosen at this time to reapply in the future. ( #4) ADMINISTRATION OF OATH Moorse explained that they had approximately 80 candidates for the part -time police officer positions and they had interviewed approximately 20 of those candidates. Moorse administered the oath of office to Scott Boris and John Schoenhoff. ( #5) #1682 CHRISTINE BRICKLEY, 3262 NORTH SHORE DRIVE - VARIANCE - REQUEST FOR ADDITIONAL CONSIDERATION Moorse explained that this is a variance request that the Council has reviewed in the past. He noted when the applicant was last before the Council, the applicant had intended to request the application be tabled, but failed to do so. Upon request that she sign the adopted resolution, she indicated that she wished to reappear before the Council with her attorney. Craig Mertz, applicant's attorney, noted that his client is asking the Council to reconsider part of the action approved at the last meeting. He explained that his client wanted to replace all the old structures on her property with the new garage, to allow adequate storage on the property. He noted that the Council directed that Brickley remove the westerly portion of the garage, but explained that her contractor will not guarantee the work on the pre- engineered trusses, which means she would have to hire a structural engineer to oversee the project. He noted the resolution states that one reason for denial of the setback variance is open space and stated that the neighbor to the west is not opposed'to the proposal. He stated Brickley is requesting the Council to either grant the side yard setback variance or to allow* her to.move the garage eastward 7', outside of the 10' required setback. He noted that the move would be costly and would cut into the shared driveway area. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1992 ZONING FILE #1682 - CONT. Callahan asked how the trusses got there in the first place. Mertz noted Brickley ordered them ahead of time, and due to a mis- interpretation of the Planning Commission action, went ahead with the project. He agreed there was no excuse for not getting a permit. He asked if the Council would have agreed to the proposal if Brickley had required the removal of the ugly sheds to be replaced with a new garage in the correct sequence. Jabbour stated that he did not believe there was such a thing as ugly buildings. He stated the issue Is excessive hardcover and structural encroachment. Mayor Peterson asked Barrett if the past decision could be,changed. Barrett stated that they did have the authority to change their past decision, but a motion would have to be*made by a person who voted for the prevailing side. Mayor Peterson reiterated that Brickley did not stay through the motion at the last Council meeting when this - was d1scussed,..and noted she did not mention tabling the application at that meeting. Brickley stated that she had everything written out and that was the first sentence. Jabbour felt.that all issues regarding this application have been a misunderstanding. He noted that the project was not done in the proper sequence, and felt that Council has tried'to work with the applicant. He reminded her that they are not in the business of redesigning her lifestyle, buildings or land, and that is why the Issue was voted on at the last meeting. Gaffron stated that the resolution allows underpinning of the slab to move the westerly wall, but to allow the excess slab to remain. Mertz announced that Brickley would agree to removal of the southern excess portion of the slab if the garage was allowed to remain in its present location. s Callahan noted that the Planning Commission suggested that removal at the first review of this application. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1992 ZONING FILE #1682 — CONT. Jabbour reminded them that they are still not sure the garage will meet building.code standards. Callahan stated he does not feel responsible for the trusses. Gaffron asked if the garage was to be moved over 7', how the garage would function. Brickley noted the door would be changed to the south side, but reminded them that there are four other neighbors that use the drive and it would be greatly reduced by the garage encroachment. She reiterated that she would be willing to remove the 11'x32' excess s I ab on the south and put up gutters on the west s i de i f the garage was allowed to remain. Gaffron asked about easements that the neighbors may have over the shared drive. Brickley stated the neighbors do not have an easement. Gaffron asked if the garage was moved over 7', and the door moved to the southern end, would the door be centered, and if so,.would the driveway need to be added onto to allow accessibility to the garage. Callahan reiterated. that the Planning Commission reviewed this i ssue on December 1 6th, and f I t that Counc i i shou I d not waste t i me on planning. Jabbour suggested they relay their concerns to staff. There was no motion to reconsider the application. ( #6) SHORELAND REGULATION - ORDINANCE — ORDINANCE #101, 2ND SERIES Moorse explained this is the ordinance drafted by the Lake Use Committee and has been recommended for adoption by the Planning Commission. Goetten asked if they would be' moving too fast if they removed the subdivision moratorium prior to the DNR approval of the ordinance. Callahan stated that the DNR regulations did not need to be in effect until fall of 1992. 2 %z MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1992 Y SHORELAND REGULATION ORDINANCE - CONT. Jabbour felt that the DNR would approve the ordinance without a problem. Callahan recognized Michael Gaffron for a I I his efforts with regards to this document. He noted the ordinance will seriously Impact various citizens because it expands the areas which the shoreland regulations will affect. He noted that the Planning Commission suggested some sort of publicity of the new ordinance to make the citizens aware.of the impact. Goetten stated that a newsletter on Highway 12 would soon be going out to residents and perhaps this issue could be incorporated within that letter. Jabbour noted that the ordinance encompasses approximately three - fourths of the dry buildable land within Orono. t Callahan reminded everyone that the DNR designated the lakes and streams to be governed by the ordinance. G It was moved by Callahan, seconded by Jabbour, to adopt Ordinance #101, Second Series, entitled, "An Ordinance Establishing Regulations for the Management of Shorelands ", and further to approve the wording and publication of the summary ordinance. Ayes 4, nays 0. It was moved by Callahan, seconded by Goetten, to� direct staff to give proper notice and hold a public hearing at the March Planning Commission meeting regarding repeal of the moratorium ordinance. Ayes 4, nays 0: It was moved by Callahan, seconded by Jabbour, to direct staff to submit the Shoreland Management Ordinance to the Department of Natural Resources and to all neighboring and Minnetonka lakeshore cities for review. Ayes 4, nays 0. Gaffron requested Council members to contact him with any changes they have to the wording of the letters to be sent to the DNR and neighboring cities. ( * #7) PARK COMMISSION RE- APPOINTMENTS It was moved by Goetten, seconded by Mayor Peterson, to re- appoint Alexander Vongries and Philip Bradley to the* Park Commission. Ayes 4, nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1992 ( #8) PARK COMMISSION APPOINTMENTS Mayor Peterson explained since the interviews, another vacancy on the Park Commission occurred, so-they would be appointing two members at this time. She requested the individuals not selected to continue to show interest in their community. r ' It was* moved by Goet ten, seconded by Callahan, to appoint L I I I McMillan to the Park Commission. Ayes 4, nays 0. It 'was moved by Callahan, to appoint Tim Pattrin to the Park Commission. There was not a second to the motion. Callahan noted that Pattrin has been an asset to the City as a member on the Cable Commission, but the City should not hold him back from future appointments because of this commitment. Mayor Peterson agreed and noted she appreciates the work he has done on the Cable Commission. It was moved by Jabbour, seconded by Mayor Peterson, to appoint Robert Howells. Ayes 4, nays 0. Goetten stated that it was selfish for the Council to wish to retain Pattrin-on the Cable Commission, but reminded the 'Council that there were so many qualified applicants for the vacancy on the Park Commission and felt it was appropriate to appoint someone else. MAYOR /COUNCIL REPORT A) Mayor Peterson asked if a staff member would be attending the Metropolitan Council's meeting on rural policies. Gaffron noted they just received notice of the meeting, but someone would attend the meeting. He noted that Orono does meet most, if not ail, of the conditions for exclusions to the policies. Callahan stated he would either like to review the issue at a work session,or get a written report after the meeting. B) Mayor Peterson asked what happened at the light rail transit meeting. Jabbour state there was a presentation on light rail, but that he felt that most in attendance were more interested in the Highway 12 issue. He stated that Steve Hay would be changing positions. He indicated to MnDot that it was crucial that they pick a preferred corridor for Highway 12 as soon as possible. T MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1992 t MAYOR /COUNCIL REPORT - CONT. Goetten stated that both she and Moorse drafted a letter to MnDot expressing-that same position. She noted that Mr. Hay would be around through the Scoping Document process. Jabbour noted that the Mayor of Independence was there and Jabbour indicated to hi.m his discomfort with the joint powers agreement between Maple Plain and Long Lake. C) Jabbour stated not ,much Is getting done at the Facility Committee meetings and noted he is confused about the size of the Committee and the necessity of all to be in attendance before a decision can be made. Callahan stated that the last meeting was called at the request of the architect to approve the detailed plans so they could be sent out for bid. He noted the architect did not attend the meeting, and currently they do not have approved plans to be sent out. He stated that last fall a vdry strict time •table was established, which stated this was to be done by March 1st. He stated that the architect was responsible for getting the job done, and before he would approve any progress payments to the architect, he wanted to see progress on the project. Goetten felt the meetings have become too casual and there is a need for a Council member to be in charge of being the Liaison between the Committee and the Council. Callahan pointed out at the last meeting it was brought up that large amounts of money would need to be spent, but no one seemed r to realize what the expenditures were for. Goetten reiterated that the total cost of the project would not exceed $4,000,.000 as originally established, and the contingency fund would not be spent for the new facilities. Jabbour noted the criteria for additional items would be "must have and cannot live without ". Mayor Peterson noted it was distressing to hear of problems with the project with no solutions. Moorse agreed with Callahan that plans were to be reviewed at the February 18th meeting of the Committee, but they were not supplied. He noted they intended.to inform the Committee at that time of a possible soils correction problem, but the Committee.was not asked j to make a decision on such.probiem. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1992 MAYOR /COUNCIL REPORT - CONT. Mayor Peterson noted It was implied at that meeting that there, was a major problem with only one alternative for a solution. Callahan noted that the Committee was promised at the beginning that they would be the deciding body on such decisions. Jabbour asked that a specific agenda be sent to Committee members a week prior to the meeting to allow those who wished to attend to make necessary arrangements to attend the meeting. Callahan noted that Bellows was never informed of the last Committee meeting. Goetten asked If the last meeting was so important, why were they waiting three more weeks to get together. Moorse explained that the lack of a decision by the Committee would not delay the plans for bid. ' Jabbour understood that the public works building was put on hold until the elevation was decided for the other buildings. Moorse explained that after the meeting with the architect and construction manager, the deadline for plans for bid were to be ready by March 16th and bids would arrive back at City Hail by mid - April. He stated that Boarman would be sending him conceptual plans for the audio /visual equipment to be incorporated within the detailed plans. Goetten reminded Moorse to contact the City of Minnetrista for comments on their audio /visual system. Cook explained that.the soils expert felt it necessary to lift the entire project in order to compensate for poor soils. He noted he had explained to public works away to maintain elevation and control drainage. He noted the original design allowed for a low spot in the middle of the driving lane for drainage, but that had been changed to allow drainage in the gutter lines. Jabbour asked why additional fill would be added to raise the elevation rather than remove the poor soils. Cook explained they were concerned with drainage under the parking lot. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1992 MAYOR /COUNCIL REPORT - CONT. Goetten recommended Jabbour be nominated as liaison between the Committee and the Council. Mayor Peterson suggested both Jabbour and Callahan be responsible for this position. ( * #9) FINAL PAY REQUEST PUMP HOUSE NO. 3 It was moved by Goetten, seconded by Mayor Peterson, to approve the final pay request for the pump house no. 3 project to Richmar Construction in the amount of $11,320.85. Ayes 4, nays 0. ( #9A) TOPOGRAPHIC MAPPING OF NORTHERN THIRD OF CITY Moorse explained that this is the first phase of a three year project to gather topographical information for the entire City. Cook explained they have requested quotes and have reviewed those and interviewed the lowest of three submitted. Mayor Peterson asked if they 'couId expect the remainder of the City to cost the same. a Cook stated that generally the same company will submit the lowest quote for the additional work, and felt this was a fair price. Ca I I ahan noted that th i s i s a good sect i on of the C i ty to beg i n with considering the recent ordinance amendment. He noted he was told the MCWD has topographic maps of the entire City. Gaff ron noted he has contacted the MCWD and they do not have the same type of topographic information requested. f It was moved by Callahan, seconded by Goetten, to approve proceeding with topographic mapping of the northern third of the City and to approve the hiring of Horizons to do the work for an amount not to exceed $43,265.00. Ayes 4, nays 0. ( #10) ADOPT A STREET /HIGHWAY /PARK t Moorse explained this is a proposal similar to MnDot's "Adopt a Highway Program ". He explained Gerhardson has contacted organizations in the area that expressed a desire to expand upon that proposal and perhaps to improve some of the parks and add gardens at the new facilities. 11 a MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1992 ADOPT A STREET /HIGHWAY /PARK - CONT. Goetten suggested they work with the Park Commission on this issue. Mayor Peterson directed Moorse to go ahead and adopt a program. ( #11) LMCD LAKE ACCESS TASK FORCE MEETING Moorse reminded the Council that the first meeting of the Lake Access Task Force was scheduled for Wednesday, March 11th, and he would be participating with this task force. He noted that the LMCD has requested an elected official to also be a part of this task force. Jabbour and Mayor Peterson volunteered to be a part of the task force. ( #12) LAKE USE COMMITTEE UPDATE Moorse updated the Council on the upcoming Lake Use Committee meeting to be held on March 5th and noted the memo provides an update on the City's authority and options for regulating marinas. Goetten felt that incentives should be given to encourage marina compliance to curtail possible litigation. Callahan asked what was involved with marina licensing other than paying the license fee. Gaffron noted marinas are required to comply with Section 5.42 of the code, and reviews are done on all marinas applying for a license. He stated a staff memo would be prepared for the meeting of March 5th describing the past and present compliance of all marinas. He explained the code may need to'be amended to allow the Council the authority they wish in licensing marinas. ( #13) ENTRANCE SIGNS - NAVARRE BUSINESS DISTRICT Moorse explained these are sketches of possible entrance signs to the Navarre business district. Mayor Peterson noted these signs are being proposed because of an agreement between members of the County Road 15 Beautification Committee. She noted the other cities have already complied with that agreement. She felt the signs proposed were too large for the residential areas along County Road 19 and suggested the regular City sign for those areas. 12 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1992 a ENTRANCE SIGNS — CONT. Jabbour and Goetten agreed with Mayor Peterson. It was moved by Callahan, to approve the installation of two signs to the entrance of the Navarre Business District. There was no second. Mayor Peterson asked why City staff was not proposing the installation of such signs. It was moved by Callahan, seconded by Mayor Peterson, to direct Gerhardson to explain to the Council a method how City staff could possibly make the cedar signs and install such signs. Ayes 4, nays 0. CITY ATTORNEY'S REPORT Barrett explained he has discussed the amendment to the covenants with Long Lake's Attorney, Christopher Dietson, and noted Dietson has agreed with the number of persons to be involved with the waiving of the covenants. He explained he has canceled the meeting with the Municipal Board to be held the following day. He noted once the City =has approved the final plat and it has been filed, the property can be transferred as set forth. PRESENTATION BY STEPHEN JOHNSTON Mr. Johnston noted on behalf of the Park Commission, he was there to review the proposed plans by the Hockey Association and Orono Baseball Association for a sports complex to be located on school property. He noted this would alleviate the need to use the Bederwood ball field for Little League games. Johnston reviewed the master plan for the property, which was drawn up by the firm he works for. He noted the plan requires the acquisition of additional property from the property to the east through park dedication. He also commented -on the trail system to be incorporated within the plan to connect to the bike trail proposed along Old Crystal Bay Road and along County Road 6 to connect with the 'recent subdivision to the east. Johnston noted this proposal is actually beyond what the school's needs are at this time. i" Jabbour thanked Johnston for his - efforts in developing the master plan. Goetten noted'the plan looks very tight. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1992 PRESENTATION BY STEPHEN JOHNSTON — CONT. Johnston noted the plan is quite feasible, but more room could be made by eliminating the fencing proposed. He stated this plan allows for the maximum development of the property. Mabusth noted the City does have the right to take land for park dedication. Based on the City's adopting a development plan of the school property, this would be feasible. Johnston pointed out if the plan is approved and continues to show the encroachment to the east, it would be best for the City to notify the land owner to the east of the potential land request. Mabusth asked if approval has been acquired for access onto County Road 6. Johnston noted they currently do not have approval for the accesses, but noted it may be necessary for only one access. Goetten reminded Johnston that the possible Highway 12 corridor selection process should be kept in mind when planning for this property. Callahan asked about the presidential primary. Moorse explained that some Legislators had tried to overturn the pending presidential primary, but to no avail. He noted the City is expecting a low turn out for the primary and is therefore requesting the consolidation of all precincts into one. It was moved. by Goetten, seconded by Mayor Peterson, to adopt Resolution #3085 to allow the consolidation of all four precincts within Orono into one precinct at Schumann Elementary School for the presidential primary. Ayes 4, nays 0. Jabbour noted at the LMCD's "Save the Lake" meeting, a member of the Hennepin Parks informed him that she has recommended that Hennepin Parks purchase the portion of the sewer plant property currently being considered for two residential lots by the City of Orono. ( * #14) LICENSES There were no licenses. 14 r i f s. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 24, 1992 ( * #15) BILLS It was moved by Goetten, seconded by Mayor Peterson, to approve payment of the All Funds Account. Ayes 4, nays 0. ADJOURNMENT It was moved by Jabbour, seconded by Mayor Peterson, to adjourn the regular Council meeting at 9:30 p.m. Ayes 4, nays 0. Barbara A. Peterson, Mayor ATT ST: Dorothy Hallin, City Clerk J IF4i t 15 •k