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HomeMy WebLinkAbout11-09-1992 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 ROLL 0 The Council met on the above date with the following members present: Mayor Peterson, Councilmembers J. Diann Goetten, Gabriel Jabbour, Edward Callahan and Mary Butler. 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 Attorney Thomas Barrett, City Engineer Glenn Cook and City Recorder Teri Naab. Candace Rowlette, Stephen Peterson and Dick Flint were also present. Mayor Peterson called the meeting to order at 7:00 P.M. She congratulated Mayor -elect Edward Callahan and Councilmembers -elect Charlie Kelley and JoEllen Hurr. ( #1) CONSENT AGENDA Goetten removed Item #25. Butler added Items #15, 16, 17, 20, 21 and 24. It was moved by Jabbour, seconded by Butler, to approve the Consent Agenda as amended. Ayes 5, 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 It was moved by Jabbour, seconded by Butler, to approve the minutes of the regular meeting of the Council held on October 26, 1992 and the minutes of the Canvassing Board held on November 4, 1992. Ayes 5, nays 0. PARK COMMISSION COMMENTS Flint stated it may be difficult to obtain $310,000 from the County as was suggested at the budget work session. Moorse said he has supplied Flint 'with the facility budget with respect to the proceeds from the sale of City owned land and the current Park Dedication Fund balance. Jabbour stated the Council wants Flint to work with the County to try to get them to agree to a dollar amount close to the-$310,000, and noted the Council will determine how to fund the remaining balance. He suggested Flint discuss expenditures of the Park Dedication Fund with the Park Commission as it appears they feel very protective towards that fund. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 PARK COMMISSION COMMENTS - CONT. AL Flint noted other cities have four different ways to fund park projects: park dedication funds, general funds, bonds, and user fees. Goetten noted that the MSA funds have been earmarked for other projects and she stated it is difficult to allocate 1 1/2 years worth of those funds for the bike /hike trail project. Callahan clarified that the project will require some expenditure of park dedication funds for the acquisition of land for the trail. Flint noted the Commission is aware that land acquisition will be paid for from the Park Dedication Fund. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( #4) #1737 RICHARD HOLLANDER, 680 NORTH ARM DRIVE - AFTER - THE -FACT VARIANCE - RESOLUTION #3194 Richard Indritz was present to represent the applicant. Mabusth explained this application involves the installation of structures within t•he 0 -75' setback zone without permits. The applicant has agreed to remove the gazebo, deck sections, 308 s.f. of screen house with decking, and landscape areas underlain with plastic, within both the 0 -75' and 75 -250' zones. The Planning Commission recommended a June 1, 1993 deadline for removals. Jabbour asked if the City has aerials that would show what was on the property at a certain period of time. Gaffron noted the only aerials the City has were taken in 1970, 1989 and the spring of 1992. It was moved by Jabbour, seconded by Butler, to adopt Resolution #3194 for Application #1737 for Richard Hollander, 680 North Arm Drive, for after - the -fact variance approval. Ayes 5, nays 0. 2 • i I MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 ( #5) #1764 AUSTIN EVANS, 255 LANDMARK DRIVE — PRELIMINARY SUBDIVISION It was moved by Callahan, seconded by Mayor Peterson, to table Application #1764 for'Austin Evans of 255 Landmark Drive until the applicant or a representative is present for the meeting. Ayes 5, nays 0. ( #6) #1767 GEORGE & THERESA BLOOM, 1374 REST POINT ROAD — VARIANCE Callahan asked why the application was presented to the Planning Commission in an incomplete form. Mabusth explained after staff review, Mr. Bloom provided the City with partial elevations and written comments.. The Planning Commission denied the application in order to move the application on to the Council for review at the applicant's request. The Public Hearing was scheduled and published prior to the staff review, during which time it was realized additional information would be needed. Callahan felt it was an upsetting situation for the applicants. Mabusth stated after the Planning Commission meeting, the Blooms understood completely what they needed to supply the City and immediately forwarded the information. She added the Planning Commission realized this request has less impact than a previous request by the applicants. It was moved by Callahan, seconded by Goetten, to table Application #1767 for George and Theresa Bloom of 1374 Rest Point Road until the applicants or their representative can be present for the meeting. Ayes 5, nays 0. 3 f' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 ( #7) #1768 DR. WILLIAM R. & RHONDA T. OMLIE, 1860 SHADYWOOD ROAD - VARIANCE - RESOLUTION #3195 Dr. Omlie was present. Mabusth explained the Planning Commission tabled the portion of the application dealing with a request for additional hardcover. The portion of the application deals with the side setback was recommended to be approved by the Planning Commission to allow the applicants to complete final roof designs for the roof structure. She noted approval of this portion of the project requires hardcover to remain the same on the property. It was moved by Goetten, seconded by Butler, to adopt Resolution #3195 for Application #1768 Dr. William and Rhonda Omlie, 1860 Shadywood Road, for a side setback variance for the addition to the existing residence, subject to the condition that hardcover remain at 25.1 %. Ayes 5, nays 0. ( #8) #1770 WILLIAM & LAURIE CORNELIUS, 960 TONKAWA ROAD - VARIANCE - RESOLUTION #3196 Laurie Cornelius was present. Mabusth explained the applicants request an average lakeshore setback for a new residence and a grade -level pool. To meet the average lakeshore setback, the residence would have to be located approximately 207' from the shoreline. She stated the new residence would have minimal impact to surrounding residences and noted the existing residence is located in front of the proposed location. Butler asked that Finding A specifically define lineal shoreline of the property. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3196 for Application #1770 for William and Laurie Cornelius, 960 Tonkawa Road, for an average lakeshore* setback variance to construct a new residence and grade level pool, as amended. Ayes 5, nays 0. ( #9) #1771 JAMES & SARAH JANE MARKOE, 340/350 NORTH ARM LANE - PRELIMINARY SUBDIVISION - RESOLUTION #3197 Mr. Steadman and Mr. Peterson were present to represent the applicants. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 ZONING FILE #1771 - <CONT. Mabusth explained the original 1976 subdivision granted lot width variances for the properties. A drainage maintenance application permit was issued to a series of landowners in the area who received benefits from the project. The spoils from that dredging were placed on this property, and the City had warned at that time that it may impact future development of the property and septic sites. The owners are currently having a problem locating a septic system for a four bedroom home on the northern lot. The lot line rearrangement would provide both lots with primary and alternate septic sites. Mabusth noted with a previous subdivision of property to the south the City required a 17' right -of -way easement, which the Markoe property cannot satisfy without encroaching the septic sites. The Council requested an 8 1/2' right -of -way easement with a previously approved lot line rearrangement for this property, but the process was never completed. She recommended the Council consider these properties as having riparian access per the new shoreline regulations, which would mean the properties conform to the lot width requirements at the shoreline. Jabbour noted there is room on the northern lot for a septic system for a two bedroom home. He felt the Community has very diverse housing and he felt that is needed. Callahan felt only being able to build a'two bedroom house on a property is not a hardship. Goetten questioned the need for a 50' right -of -way. Don Peterson explained in 1990 his company owned the southern lot and at that time they knew the septic system was feasible. Mrs. Axel owned the northern lot and at that time it was realized that the property would only support a two bedroom home because of the septic requirements. The Markoes then purchased both properties with the intent to build one house on both lots, but were transferred out of State recently. He noted the requirement of a 17' right -of -way easement would encroach two septic systems on the western lot line. He felt the entire parcel would require someone to build a $800,000+ house, which the neighborhood does not support. Callahan asked if the Markoes had planned to build that type of house. Don Peterson said he had not seen their plans, but felt the Markoes wou I d not get the i r money out of the property i f i t so I d as one parcel. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 ZONING FILE #1771 -. CONT. Mayor Peterson questioned the 50' right -of -way. Mabusth explained that width is consistent with standards for public roads.-She referred to the City's transportation plan which provides for a northward connection with Bayside Road and North Shore Drive West. She noted the Planning Commission denied the application as they felt this was. gerrymandering the lot lines and they wanted the full 17' of right -of- way. Goetten stated her main concern was whether the lot was riparian. She noted she voted in favor of this request the last time and would do so this time. Butler asked if the additional right -of -way could be taken from both sides to be fair to all. Don Peterson noted a single residence could be built on the property without any dedication of right -of -way. It was moved by Butler, seconded by Goetten, to adopt Resolution #3197 for Application #1771 for James and Sarah Jane Markoe, 340/350 North Arm Lane, for preliminary subdivision approval. Ayes 3, nays 2. Callahan and Jabbour voted nay. ( #10) #1773 ROBERT KOEHNEN, 537 HANLON AVENUE - VARI.ANCE It was moved by Butler, seconded by Callahan, to table Application #1773 Robert Koehnen, 537 Hanlon Avenue, until the applicant could be present or represented at the meeting. Ayes 5, nays 0. ( #11) MARINA LICENSE COMPLIANCE UPDATE Jabbour abstained from discussion regarding this issue. Gaffron explained in late August the Council conceptually denied licenses for Gay Ies Marina, Lakeside and North Shore Marina. He stated both North Shore and Lakeside have resolved some of the issues. North Shore has completed a portion of the required plantings and have attempted to clean up the property. There is still an issue of the baffle weir. Lakeside Marina cleaned up the east side of the property. Mr. Dunn felt the City is responsible for replanting some trees lost with the sewer project. I. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 MARINA LICENSE UPDATE — CONT. Jabbour asked if, that is the City's project or Metropolitan Waste Control Commission's. Mabusth indicated a portion of the project was the City's responsibility. Butler felt it is always best to try to work with the owners, but when there is a situation where they won't even respond, the City should initiate the denial resolution. Goetten stated that North Shore and Lakeside Marinas have tried to make an effort to comply with the City. She felt they should try to continue to work together. Callahan noted Mr. Dunn felt the plantings were the responsibility of the City and Dunn also felt the curbing done was inadequate. Gerhardson indicated that a portion of the plantings are the responsibility of the City. Gaffron noted it is not just a question of replacing trees that were removed, but also plantings that were never put into place as required by the City in 1981 with a previous application. He felt the City should continue to try to work with North Shore and Lakeside Marinas. Mayor Peterson directed staff to draft a denial resolution for Gayles Marina. ( #12) STYROFOAM ORDINANCE — TERMINOLOGY AMENDMENT ORDINANCE #110, SECOND SERIES Callahan agreed that the word "styrofoam" should be removed if people are trying to maintain a brand name, but noted he thought that was a general term. He asked if the substitute wording would cover ail other similar products. Gaffron noted the language incorporated is only intended to cover polystyrene. Jabbour noted other agencies have adopted very generic language to cover potential products introduced. He added the Wisconsin DNR has asked for immediate removal of styrofoam products. It was moved by Callahan, seconded by Butler, to adopt Ordinance #110, Second Series, and to direct staff to write a proper letter containing proper language. Ayes 5, nays 0. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 ( #13) SHORELAND FLEXIBILITY RESPONSES Callahan felt the draft letter suggests a condescending attitude. He suggested a letter to the DNR suggesting the City positively favored what they were do i ng� He suggested send i ng a I etter to each city stating Orono does not have any objections to what they are doing and. also send the letter to the DNR. Gaffron stated he would redraft the letter and have Callahan review prior to sending. ( * #14) SHORELAND GRANT AGREEMENT - EXPENSE DOCUMENTATION It was moved by Jabbour, seconded by Butler, to accept the information regarding the Shoreland Grant Agreement. Ayes 5, nays 0. MAYOR /COUNCIL REPORT A) Callahan referred to the minutes of the Long Lake Fire Department's October meeting, which indicates expenditure of the major equipment fund. B) Callahan noted the election notice for the Metropolitan Council agency. He asked if the City's representative is being replaced, and if so, should the Council suggest a candidate. ENGINEER'S REPORT ( * #15) FINAL PAY REQUEST - LIFT STATION #9 RENOVATION PROJECT It was moved by Jabbour, seconded by Butler, to authorize the final Pay Request for Lift Station #9 renovation to New Mech Companies in the amount of $44,027.50. Ayes 5, nays 0. CITY ADMINISTRATOR'S REPORT ( * #16) DONALD GRONBERG - STUBBS BAY SEWER IMPROVEMENT ASSESSMENT APPEAL SETTLEMENT - RESOLUTION #3198 It was moved by Jabbour, seconded by Butler, to adopt Resolution #3198 amending the Stubbs Bay sanitary sewer assessment roll - reduction of principal amount of assessment for Donald Gronberg property located on Leaf Street. Ayes 5, nays 0. 8 U MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 ( * #17) BALGAARD SEWER ASSESSMENT - RESOLUTION #3199 It was moved by Jabbour, seconded by Butler, to adopt Resolution #3199 amending the Stubbs Bay sanitary sewer assessment roll - reduction of principal amount of assessment for property located at 3560 Bayside Road. Ayes 5, nays 0. ( #18) POST OFFICE FOR THE NEW CITY FACILITIES Goetten asked why Orono does not have its own zip code. It was moved by Callahan, seconded by Mayor Peterson, to continue to use the Crystal Bay post office and address when the City facilities move to its new location. Butler felt convenience should be the deciding factor in determining location. Goetten stated when i t was dec i ded to bu i I d the new fac i I i t i es, the Council made a commitment to the Crystal Bay Post Office. It was f I t the Crystal Bay Post Off i ce may not sury i ve w thout the C i ty's business. Jabbour stated City employees will be driving by the Crystal Bay area each day and it should not create that much inconvenience. Vote: Ayes 4, nays 1'. Butler voted nay. ( * #20) TURN BACK COUNTY ROAD 42 (OLD WAYZATA BOULEVARD) RESOLUTION #3200 It was moved by Jabbour, seconded by Butler, to adopt Resolution #3200 accepting jurisdiction of 0.08 miles (400+ feet) of Wayzata Boulevard. Ayes 5, nays 0. ( * #21) CITY FACILITY CHANGE ORDERS It was moved by Jabbour, seconded by Butler, to approve the change orders for Jansco Caulking, Molin Concrete, Ted Mannstedt and Son, National Automatic Sprinkler, Gephart Electric and Gresser Concrete. Ayes 5, nays 0. ( #22) CITY HALL & PUBLIC WORKS BUILDINGS APPLICATION & CERTIFICATE OF PAYMENT #9 Butler asked if Callahan has received the requested information regarding the total cost for the City facilities and the outstanding amounts. Moorse stated that information was furnished to Callahan. N J MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 PAYMENT # 9 - CONT.. Jabbour asked that all information regarding this issue be submitted to Charlie Kelley and JoEllen Hurr. He suggested informing the contractor that they will be paying for the wall they erected for the kennel /garbage area without Council approval. He said that is a condition of this payment. He added, the contractor had promised to have all information submitted on a spread sheet with line items and status of each. It was moved by Butler, seconded by Jabbour, to authorize Payment #9 for City Hall and, Public Works Building in the amount of $438,973.02 as presented in the memo dated November 5, 1992. Ayes 5, nays 0. ( #23) FUEL STORAGE SYSTEM FOR NEW CITY FACILITIES. Moorse referred to a document listing alternatives suggested by the fuel system vendor. He stated they are reviewing the alternative- of a smaller above- ground tank which would ensure the capacity on- site when needed. He said the size of these tanks would not allow for the volume discount as with a larger tank. Jabbour stated with that volume discount the City would not be saving money. Goetten asked how the Council can be sure this 1s what is needed and all costs are included. Moorse stated he would continue to discuss with the vendor the options available. Jabbour asked what costs the City will incur for cancelling the under - ground tanks. Moorse stated that cost is not .yet known, but felt it may not be a substantial amount. Jabbour understood the City may be in a position not to incur restocking charge, which may reduce that canceling cost even more. Goetten asked what insurance is needed with Alternative #3. Moorse stated it would be standard property insurance. Butler asked the amount of gas the City currently uses annually. 10 I . R r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 FUEL STORAGE - CONT. Moorse stated the minimum tank size recommended is 4,000 gallons as the City uses approximately 40,000 gallons of gas per year and 2,000 gallons of diesel per year. He added, the Public Works Department is using more diesel for their equipment. Butler questioned the aesthetics of the above tanks fitting in with the facilities setting. Moorse stated they would need to, cons 1der location options,, but added the tanks would be partially screened: 1 ', • e Goetten stated she is in favor of above - ground tanks, but added she would like to see additional information. Jabbour suggested directing staff to investigate the options further and report back to the Council. ( * #24) CURT QUADY'S REQUEST REGARDING TREE REMOVAL It was moved by Jabbour, seconded by Butler, to accept the information regarding this issue. Ayes 5, nays 0. ( #25) LICENSES Goetten objected to the issuance of this trapping permit. Butler thought the Council had banned leg hold trapping and asked if there were not other methods'to rid the area of the beavers. Moorse clarified the permit was for a non - leghold trapping method. It was moved by Butler, seconded by.Mayor Peterson, td approve the Limited Trapping Permit for Michael A. Bosanko of 2090 Shoreline Drive. Ayes 4, nays 1. Goetten voted nay. ( * #26) BILLS It was moved by Jabbour, seconded by Butler, to approve payment of the All Funds Account. Ayes 5, nays 0. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1.992 ADJOURNMENT Mayor Peterson adjourned the regular Orono City Council meeting at 8:55 p.m. to Executive Session. Ayes 5, nays 0. Barbara A. Peterson, Mayor AT T: thy allin, City Clerk 12