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HomeMy WebLinkAbout10-12-1992 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1992 ROLL The Council met on the above date with the following members present: Acting Mayor J. Diann Goetten, Counc I Imembers Gabriel Jabbour, Edward Callahan and Mary Butler. Mayor Barbara Peterson was absent. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Thomas Barrett, City EngIneer.GIenn Cook and City Recorder Teri Naab. Acting Mayor Goetten called the meeting to order at 7:00 P.M. ( #1) HAZARDOUS BUILDINGS ASSESSMENT - PUBLIC HEARING 7:00 - 7:05 P.M. Moorse explained the public hearing is regarding assessments against properties related to hazardous building action. JoEllen Hurr asked why the City is paying half of the legal fees incurred. Moorse explained the hazardous building procedure was long and leading toward a court proceeding, which would have meant additional legal fees. The City, as part of a settlement with the- property owners, offered to pay half of the legal fees to avoid a court battle. The amount the City will pay is $10,226. CONSENT AGENDA Goetten removed Item #14 from the Consent Agenda. Butler added Items #5 and 6. It was moved by Butler, seconded by 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. ( * 02) APPROVAL OF MINUTES It was moved by Butler, seconded by Callahan, to approve the minutes of the regular meeting of the Council held on September 28, 1992. Ayes 4, nays 0. 1 r T MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD -- OCTOBER 12, 1992 PUBLIC COMMENTS Goetten announced the dedication of the Kelley Parkway on October 14th has been postponed because of the untimely death of Mary Kelley. ( #3) #1621 TERRY JOHNSON, 1045 LINDEN LANE - VARIANCES --RESOLUTION #3186 Mr. and Mrs. Terry Johnson were present. Gaffron explained the applicants originally submitted their proposal over a year ago. Since then, there have been many changes to the proposal. The applicants propose the removal of an existing detached garage to be replaced by an attached garage and a driveway. They also propose a new deck and a second story addition over the existing residence. This proposal results in the following hardcover percentages: 0 -75' reduction from 8.9 %.to 7.2 %; 75 -250' increase from 22.1% to 40.5 %; and a reduction in the 250 -500' zone. He clarified that the applicants intend to keep the wall and sidewalk system on the northwest corner of the house, but noted that it is built with wooden cribbing containing non - compacted gravel, that only the cribbing is considered hardcover, and the square footage of existing walkway hardcover is equivalent to' the amount reported for replacement. Mr. Johnson stated they need to keep this system for drainage purposes. Gaffron reported the Planning Commission's main concern was the steep lot and the amount of run -off funneled toward the lake. He stated the City Engineer had reviewed the property that day. Cook recommended the City condition approval on the applicants maintaining the drainageway in a manner that prevents erosion. Goetten asked if Cook felt the new proposal helps the drainage situation. Cook noted the renovation will channelize the drainage and will increase the velocity of that run -off. Goetten asked who is responsible if the improvements on the property aggravate the drainage problem in the area. Cook stated the City should make it known it is the responsibility of the property owner to correct any future drainage problems. E MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1992. ZONING FILE #1621 - CONT. Gaffron noted staff has discussed a retention pond somewhere on the property or elsewhere in the neighborhood, which may be realized at a later date. Goetten clarified the applicants intend to use the existing foundation and asked if that foundation has been inspected and certified by a structural engineer. Mr. Johnson stated prior to purchasing the property, they had a contractor visit the site who indicated, because of the 12" block used, the foundation.could support a second story. Goetten explained that if the foundation is found to be unusable, the City will require the house to be moved further back on the property. Callahan said the.Planning Commission felt the driveway would focus a major amount of water in a different location. He said he hesitates allowing double the amount of hardcover within the 75- 250' zone. Butler felt, after review of the property, it is a very awkward property and the applicants have a hardship for moving the garage closer to the house. She agreed the driveway may create a river on the property. Mr. Johnson stated the run -off actually flows across the property opposed to down the drive. He added, by decreasing the amount of hardcover at the actual point of the water-entering the property, it will allow for better absorption. Jabbour suggested they consider a small landing area or berm at the top of the drive to prohibit water from Linden Lane entering the property. Gaffron noted Cook has recommended a 3% side -to -side slope for the driveway to help direct run -off to the sides rather than down the length of the driveway. Goetten agreed with Callahan that they should not allow the applicants to double the amount of hardcover within a zone. She said she would prefer the existing garage to remain in its present location opposed to the new garage. 3 N MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1992 ZONING FILE #1621 - CONT. Jabbour felt this property is a good example of the DNR's intent to allow a certain percentage of hardcover on a property within 1000' of the lake opposed to a certain percentage within different zones. He felt the problem is the need for such a long driveway, but noted the house is of modest size. Jeff Johnson noted the Planning Commission felt the biggest impact of this project being the off -site drainage concern, and they felt if there is a chance to improve that situation, it is more important than the hardcover issue. Mr. Johnson felt they were actually improving the drainage situation for their neighbors. It was moved by Butler, seconded by Jabbour, to adopt Resolution #3186 for Application #1621 for Terry Johnson, 1045 Linden Lane, for variances to construct an attached garage and additions to the existing residence, subject to the applicant being informed prior to the issuance of a building permit of the City Engineer's recommendations. Ayes 3, nays 1. Goetten voted nay. Barrett suggested adding the following language to the resolution, "as recommended by the City Engineer or as may be required by the City Engineer in the future ". This will ensure the ability by the City Engineer to monitor the situation in the future. Butler accepted the Attorney's suggestion, Jabbour seconded the amendment. Ayes 3, nays 1. Goetten voted nay. Mrs. Johnson asked if they would have any recourse against the City if in the future the drainage problem became worse. Mr. Johnson asked that wording be added to ensure the City could not require the removal of the improvement should it be determined that it has caused additional drainage problems. ( * #4) #1743 ALBERT HANSER, 1685 FOX STREET - FINAL SUBDIVISION - RESOLUTION 03187 It was moved by Butler, seconded by Callahan, to adopt Resolution #3187 for Application #1743 for Albert Hanser of 1685 Fox Street, approving the final subdivision of the property. Ayes 4,nays 0. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1992 ( * #5) #1755 LEONARD NISKA, .1204 SHADYWOOD ROAD - AFTER- THE -FACT VARIANCE /CONDITIONAL USE PERMIT - RESOLUTION #3188 It was moved by Butler, seconded by Callahan, to adopt Resolution #3188 for Application #1755, Leonard Niska, 1204.Shadywood Road, approving a variance and granting a conditional use permit for the construction of a storage shed. Ayes 4, nays 0. ( * #6) #1761 MARK HUNSLEY, 3464 EASTLAKE STREET - AFTER- THE -FACT VARIANCE - RESOLUTION #3189 It was moved by Butler, seconded by Callahan, to adopt Resolution #3189 for Application #1761, Mark Hunsley, 3464 Eastlake Street, approving a variance to construct a storage shed on Outlot B, Bayside Beach. Ayes 4, nays 0. ( #7) #1765 JOHN MOORE, 801 TONKAWA ROAD - VARIANCE Jim Cradit was present for this application. Gaffron explained the existing house is approximately half within the 0 -75' zone. The applicant is proposing an addition to the existing kitchen and a second story addition over the master bedroom, both within the 0 -75'• zone. Jabbour stated the survey they were - provided does not show the existing hardcover. Gaffron noted a complete copy of the updated survey is further back in the Exhibits. Butler asked if the applicant anticipates doing foundation work for the kitchen expansion. Cradit noted the steep embankment below the kitchen area and the amount of erosion is partly due to the fact that the house does not have gutters. He stated the excavating for the block work needed for the kitchen expansion will be done by hand. Butler suggested that be made a condition of the ,resolution. She added the property does not have its house numbers posted. Goetten said she would like to see a trade -off of hardcover within the same zone. She felt if the app II'cant expects to get permission for an addition within a sensitive area, he should be expected to give something up. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER-12, 1992 ZONING FILE #1765 = CONT. Jabbour asked if the walk from the .garage to the deck could be eliminated. He felt this was an additional convenience. Butler stated there are walks all around the property. She asked If the applicant would I i ke to maintain the walk to the deck or get permission for the kitchen expansion. She suggested walking on the grass. Gaffron pointed out hardcover in the 250 -500' zone may be under the allowed percentage. Further discussion led to a conclusion that the updated survey does not show gravel driveways existing in the-250- 500' zone. Goetten suggested they Irequest a complete and corrected survey. Jabbour suggested staff prepare a handout explaining survey requirements and the City's policy on hardcover. Gaffron noted both items are thoroughly explained in the building permit and zoning applications, but are not always read or adhered to by applicants or their agents. It was moved by Callahan, seconded by Butler, to table Application #1765 for John Moore, 801 Tonkawa Road, until the applicant provides a complete survey and to allow the applicant time to consider removal of hardcover within the 0 -75' zone. Ayes 4, nays 0. Callahan suggested the applicant may wish to consider the removal of both the walks. ( #8) SHORELAND FLEXIBILITY REQUEST: A) STATUS UPDATE B) FORMAL FLEXIBILITY REQUESTS - SPRING PARK, WAYZATA, TONKA BAY, MINNETONKA BEACH AND WOODLAND Gaffron explained other cities have proposed granting a "Shoreland Impact Plan" conditional use permit in lieu of variance approval for commercially zoned property to allow additional hardcover,, in exchange for improvements required by the city. He stated during the redevelopment process for the Navarre area, the City will find most properties will require a variance to the hardcover ordinance. He stated the DNR has expressed• that the City should not be granting as, many variances as it currently does. He asked the Council if they wished to formally respond to the formal flexibility requests. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1992 SHORELAND FLEXIBILITY REQUESTS — CONT. Callahan felt they should consider the option of granting of a conditional use permit versus approval of a variance. He stated currently there is not an economic force driving the redevelopment of Navarre. He felt they should respond positively to the flexibility requests. Jabbour felt they should respond to these and all requests. He noted the DNR has been very forceful with regard to the shoreland regulations. He felt the response should thank the DNR for the opportunity to review the proposals and urge the DNR to grant the cities flexibility to maintain existing development. JoEllen Hurr noted Minnetonka Beach has requested the same flexibility as Orono. She felt any redevelopment of property should provide for an improvement to the property. She stated Orono should stress that fact when commenting to the DNR on the flexibility requests. Goetten concurred, but noted the City needs to recognize other cities identity and needs. Callahan stated the DNR has not drafted their overall plan with relation to Lake Minnetonka. He said if the other cities are planning to adopt a rational plan with regard to their actual city development, then Orono should encourage the DNR to accept that proposal. Gaffron was directed to draft a letter of response to be reviewed at the next meeting. MAYOR /COUNCIL REPORT A) Jabbour reported that some residents feel it is more attractive to pay the f i ne for burning without a permit than to go through the inspection process. He suggested a 60 day permit. Butler suggested that renewal permits not be reinspected. B) Jabbour noted he read in the Sailor newspaper that the Little League group feels the City Council is opposed to.the ice arena. He did not want the City to be divided between groups. He suggested a letter to the Little League reiterating the Council's views. C) Callahan requested a staff person attend the meeting to be held by the Metropolitan Council. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1992 MAYOR /COUNCIL REPORT — CONT. D) Callahan noted the agenda for the LMCD's Task Force indicates the Chairman is looking for a consensus. He suggested, if the Orono representative is not in favor of the consensus, a letter be sent explaining Orono's position. He added, following the consensus vote, the reason for the establishment of the Task Force has been completed. He suggested at that point, all Orono representatives dissolve from the Task Force. Jabbour noted.he is very disturbed with the Task Force. He stated al I members of the LMCD are on the Task Force and he felt they have made a conscious effort to sway the outcome. He said he has been lobbying to dissolve the Task Force. Callahan stated he was under the impression that the Task Force was to consist of a.number of different entities, of which, the LMCD is one part. Jabbour directed Moorse to send a letter to the LMCD designating Jabbour as the Orono representative to the Task Force, and to remind the LMCD that they should only have one representative also. He asked that Dennis Osmoson and Gordon Kimball of the DNR be sent a copy of the letter. Callahan stated negotiation regarding Maxwell Bay can only be between the City of Orono and the DNR. Jabbour stated at the next meeting, he will accept the information, raise his objections, and move to dissolve the Task Force, and indicate Orono will not entertain any involvement with regard to the landing with anyone other than the DNR. Hurr indicated if the membership of the Committee was limited, Jabbour would have lost allies as well as enemies. ENGINEER'S REPORT ( #9) PAY REQUEST #1 — PUMP & METER SERVICE It was moved by Jabbour, seconded by Butler, to authorize Pay Request #1 for the installation of the hoists at the new Public Works facility to Pump & Meter Service in the amount of $24,967.47. Ayes 4, nays 0. 8 r . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1992 CITY ADMINISTRATOR'S REPORT ( #10) BRIAR STREET - PUBLIC VS. PRIVATE It was moved by Jabbour, seconded by Goetten, to table discussion regarding this issue. Ayes 4, nays 0. ( * #11) ASSESSMENT FOR HAZARDOUS BUILDINGS - RESOLUTION #31.90 It was moved by Jabbour, seconded by Butler, to 'adopt Resolution #3190 adopting the assessment roll for hazardous buildings action - 1992 - Ayes 4, nays 0. ( #12) ESTABLISH PROCESS FOR REVIEW OF FUTURE USE OF CURRENT CITY HALL SITE Moorse referred to a request by the Historical Society to be allowed to preserve the Council Chambers and move it to a different location. Callahan suggested they proceed with plans to raze all other buildings at the Crystal Bay City Hall site and replace the buildings with grass. Butler asked about the money they had planned to raise from the property. Jabbour suggested transferring the ownership of the sewer pond property to the Park Commission and taking the money out of that fund and putting it into the building fund. Callahan suggested beginning the subdivision process for the sewer plant site. Goetten felt the City owes the residents consideration of the Crystal Bay site and any future development. Jabbour stated they will not be able to put in grass until next spring, so that will allow time to plan for the site. He felt they should proceed with the subdivision of the sewer pond site and go ahead and sell the two lots, based on the financial situation. Butler said she would rather develop the Crystal Bay site into a park. Callahan suggested sending a letter to the Pioneer Museum informing them that the Council has not made a decision at this time. 91 v MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1992 ( #13) ESTABLISH CANVASSING BOARD MEETING The Canvassing Board meeting was scheduled for November 4, 1992 at 4:00 p.m. ( #14) CITY ADMINISTRATOR'S SALARY ADJUSTMENT Goetten explained there are some issues the Council wished to review prior to approving. It was moved by Goetten, seconded by Butler, to. tab le a decision on the City Administrator's one -year anniversary salary adjustment. Ayes 4, nays 0. ( #15) RESCHEDULE 1993 BUDGET WORK SESSION Callahan stated it is unclear as to how the City will be affected by the HACA credit in the coming year. He stated he would like to review this at the work session. A work session to review the 1993 proposed budget was established for Friday, November 6, 1992 at 3:00 p.m. ( #16) CITY FACILITIES FURNITURE ORDER /FUEL STORAGE Moorse explained they have taken an inventory of existing furniture wh i ch can be used i n the new bu i I d i ng . He asked that the do l I ar amount be changed to $80,693 to reflect the inclusion of conference tables for the Council Chambers. It was moved by Butler, seconded by Jabbour, to authorize the furniture purchase for the new facilities, not to exceed $80,693.00. Ayes 4, nays 0. Moorse explained the Council approved the bid for fuel storage by Pump & Meter, and it was discovered at a later date that the bid did not include certain items. Pump & Meter resubmitted an unacceptable bid. He explained they have now submitted a bid for $75,354 which includes everything including all costs related to excavating and dewatering. Jabbour asked the status of the contingency fund. Moorse stated they are still within the amount allotted for furniture and equipment. However, every dollar of that fund has been allocated. Jabbour reiterated they have not allowed for any type of emergency. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 12, 1992 CITY FACILITIES — CONT. Moorse reviewed.the items that have been deferred to date. Jabbour felt they have not budgeted enough for the demolition of the existing buildings. He asked if the cost savings of not purchasing the fuel tanks has been reviewed. Gerhardson noted he has reviewed the issue of transport versus tank wagon delivery and it was determined it would cost $.05 to .08 more per gallon. Butler felt it would. be penny wise and pound foolish to wait on something that is as involved as the installation of gas tanks. It was moved by Callahan, seconded' by Butler, to authorize the purchase of fuel storage tanks from Pump & Meter for an amount of $75,354. Ayes 4, nays 0. ( * #17.) LICENSES There were no licenses. ( * #18) BILLS It was moved by Butler, seconded by Callahan, to approve payment of the All Funds Account. Ayes 4, nays 0. ADJOURNMENT Acting Mayor Goetten adjourned the regular Orono City Council meeting at 9:40 p.m. to Executive Session. Ayes 5, nays 0. Q1 11 Acting Mayor