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HomeMy WebLinkAbout11-23-1992 Council Minutess MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 ROLL 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, Police Chief Stephen SuIII van, •City Attorney Thomas 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 a Butler added Items #9, 10, 13, 15 and 19. Callahan reported the DNR has extended the deadline date for cities to'adopt new shoreland regulations. It was moved by Butler, seconded by Mayor Peterson, to approve the Consent Agenda as amended. Ayes 5, nays 0. Motions for ali items adopted by consent agenda will be included In the minutes in their respective numerical order. ( * #2) APPROVAL OF MINUTES It was moved by Butler, seconded by Mayor Peterson, to approve the minutes of the regular meeting of the Council held on November 9, 1992. Ayes 5, nays 0. PARK COMMISSION COMMENTS Moorse reported there will be a meeting tomorrow with Hennepin Parks to further negotiate the budget for the bike /hike trail. Jabbour stated he had talked today with Jim White who feels that they should proceed with the trail as it will be much more difficult to construct in the future. LMCD COMMENTS JoEIIen Hurr reported the next Board meeting will be held December 2nd, and to date, there is not an agenda. She said she would report on lake access issues after the meeting to be held on December 9th. Callahan asked if she attended the last Planning Commission meeting. 1 s MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 LMCD,COMMENTS - CONT. Hurr said she did not, but added she had talked to Linnell of the DNR who indicated the DNR is not sure where they are going after that meeting. Callahan stated he was more interested in guiding the LMCD's path from the point of that meeting onward. Jabbour said the meeting of the LMCD subcommittee held tonight was to determine where the Task Force fits into the process. He felt that body will not ever be able to function. He added at least 7 or 8 members of the LMCD have absolutely no interest in that issue °and have no knowledge of the issue. Hurr felt an issue of concern is that member cities are expecting credibility from their representatives. She noted some of the cities don't even want the representatives to attend the meetings. Goetten felt that the LMCD representatives should be elected to provide for more accountability. Callahan felt there were very serious problems with that idea. He stated cities should give consideration of the problem in the coming year. LONG LAKE FIRE DEPARTMENT REPORT There,was no report. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( #3) #1764 AUSTIN EVANS, 255 LANDMARK DRIVE - PRELIMINARY SUBDIVISION - RESOLUTION #3201 Austin Evans was present. 2 MINUTES OF THE REGULAR ORONO COUNCIL.MEETING HELD NOVEMBER 23,,1992 ZONING FILE #1764 - CONT. Gaf f ron explained this is a 2 lot subd i v i s.i on of a parcel to the west of Landmark Drive. The property contains approximately 6 acres. The lot to be split off meets the 2 acre requirement. Planning Commission agreed that the parcel contains adequate dry buildable land within this sewered zone. One issue to be resolved, is the right of' riparian access from the outlot platted with the original subdivision of the area. The Planning Commission agreed with staff that only one lot should have riparian access. It is recommended by staff that Lot 1 be assessed the entire amount of the assessment for Bayside North, and that Lot 2 be required to pay for a connection charge at the Stubbs Bay Northwest rate when a building permit is issued. Access to the newly created lot will be directly across from the Thiesse property and a permit from the County will be required. Evans stated he would like Lot 1 to retain riparian access. It was moved by Butler, seconded by .labbour, to adopt Resolution #3201 for Application #1764 for Austin Evans, 255 Landmark Drive, for preliminary subdivision approval, with the condition that only Lot 1 have riparian access. Ayes.5, nays 0. ( #4) #1767 GEORGE & THERESA BLOOM, 1374 REST POINT ROAD - VARIANCE - RESOLUTION #3202 George Bloom was present. Mabusth explained the applicants propose t -he installation of a 22x26' detached garage requiring a street setback variance of 3'. The majority of the garage will meet the 35' setback. An earlier application included a two story structure- with a skyway that connected to the principal structure. She noted at the time of that review, the water surface of a pool was not considered hardcover. The current proposal results in a .5% hardcover increase. The applicants propose extensive removals of existing hardcover. The Blooms did not calculate the landscape areas underlain with plastic in their hardcover review, but have agreed to remove those areas. Also, the benches in the 0 -75' zone will be moved to the patio area, the walk will be removed, and the patio steps will be reduced. Bloom added, they may decide to which will eliminate the retaining reduce the hardcover percentage. 3 add a basement under the garage walls around the garage and thus MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 ZONING FILE #1767 - CONT. It was moved by Goetten, seconded by Butler, to adopt Resolution #3202 for Application #1767 for George and Theresa Bloom, 1 374 Rest Point Road, approving variances to construct a detached garage. Ayes 5, nays 0. Callahan said the proper administrative procedure would have permitted the Planning Commission to act on the information available before it came to the Council for review. ( #5) #1773 ROBERT KOEHNEN, 537 HANLON AVENUE - VARIANCE - RESOLUTION #3203 Robert Koehnen was present. Mabusth explained this application is to allow the rebuilding of an existing detached garage that does not meet the required side or rear setbacks. The applicant has replaced the retaining walls at the rear of the property with a boulder wall, approximately 7- 8' in height. The City Engineer suggests that the City not address the boulder wall with regard to it structurally supporting the bank. The applicant has provided the City with a letter from the neighbor to the north approving the wall as it was installed. It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #3203 for Application #1773 for Robert Koehnen, 537 Hanlon Avenue, approving variances for the reconstruction of the detached garage and land alterations. Ayes 5, nays 0. ( #6) #1493 & #1570 CHUCK DOWNEY, 3665 CASCO POINT ROAD - VARIANCE /CONDITIONAL USE PERMIT - CLARIFICATION OF COUNCIL DIRECTION Chuck Downey was present. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 ZONING FILES #1493 & 1570 - CONT. Mabusth explained, per a recent letter from Mr. Downey that he is not proceeding with the structural improvements. In 1982 the City granted approval of setback variances for the installation of a detached garage and hardcover in the 75 -250' setback area was approved at 45 %. In the current hardcover inventory, hardcover was shown at 59% due to a change in policy regarding the calculation of hardcover. During the 1982 review it was suggested that the applicant provide a back -out apron. During the most current review, the City Engineer advised that the apron could not function properly because of the Iocation of Casco Point Road. The applicant has obtained a permit for the deck. The applicant questions the need to now remove the hardcover scheduled for removal per the approval resolution. Butler clarified that the hardcover removals were scheduled to off- set the additional construction, which has not happened. She felt If the construction does not occur, the hardcover scheduled for removal can remain. It was moved by Jabbour, seconded by Butler, to direct staff with regard to Applications #1493 and #1570 for Chuck Downey of 2665 Casco Point Road' to not require the hardcover removals on the property provided a building permit is not issued for additional construction. Ayes 5, nays 0. ( #7) LICENSE DENIAL - GAYLES MARINA - RESOLUTION #3204 Jabbour abstained from discussion of this item. Gaffron stated the City Attorney has suggested changes to the draft resolution deleting reference to the number of slips allowed, as the code does not directly address this issue and it should not be a reason for denial of a license. Butler asked if a judge would laugh at the City because of the lack of past enforcement of the licensing requirement. Barrett felt the City has decided to now proceed formally with the license requirement. He noted the resolution does not suggest denial of the license due to past history of the property. Callahan suggested deletion of the paragraph beginning with "further be it resolved ". Barrett felt that would be appropriate and did not feel it necessary to wait until December 31st to take action. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 LICENSE DENIAL - GAYLES MARINA - CONT. Gaffron noted that the owner of the marina has been advised of this action and has made no attempt to contact the City. It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #3204, denying the application of Gayle's Marina for a 1992 Commercial Marina License, with the paragraph beginning with "further be it resolved " deleted from that resolution. Ayes 4, nays 0. Jabbour abstained. It was moved by Callahan, seconded by Goetten, to direct staff to commence enforcement of non - compliance procedures. Gaffron explained the only enforcement clause of the code requires this to be handled as a misdemeanor and be issued a tag for the violation of operating without a license. He stated there.is not a code section requir'Ing the operation to cease because of the lack of a license. Callahan felt only one- ticket should be issued to the owner and added the property contains violations of the zoning code, which may provide other methods of enforcement. He felt the City should not consider litigation at this point. He stated the City will be considering new marina licensing regulations In the near future which will provide a more effective means for enforcing such non- compliance issues. Vote: Ayes 4, nays 0. Jabbour abstained. ( #8) INITIAL JOINT USE DOCK.LICENSE - PHEASANT LAWN HOMEOWNERS' ASSOCIATION - RESOLUTION #3205 Mr. Forrer was present to represent the Association. Gaffron explained this is a request, perhaps 20+ years late, to allow a multiple dock system within the Pheasant Lawn subdivision. He stated the area was dredged in the late 1940s to create access via a channel to the lake. Five of the slips are associated with the multiple dock and a sixth dock is associated with an adjacent property owner. The homeowners' association was formed in 1979, many years after the docks were installed. There have not been any complaints. The code requires a joint dock license to be issued for the installation of such, but under the current code, if the system were proposed as new, could not be allowed due to requirement of minimum w i dth of lots for each s l i p . Lot 14 functions as an out I of . Jabbour felt they should be careful not to set. a precedent, and noted the need to treat people equitably. R] MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 PHEASANT LAWN HOMEOWNERS' ASSOCIATION - CONT. Callahan noted historically, there was considerable innovative character. in dredging and the dredging was done solely to create riparian use. He stated this was done with approval from the City. It was moved by Callahan, seconded by Jabbour, to adopt Resolution #3205 directing staff to issue a Joint Use Dock License to Pheasant Lawn Homeowners' Association subject to conditions noted therein for the period of November 23, 1992 to December 31, 1993. Ayes 5, nays 0. ( * #9) SHORELAND FLEXIBILITY REQUESTS It was moved by Butler, seconded by Mayor Peterson, to accept the information on.the shoreland flexibility requests as presented... Ayes 5, nays 0. MAYOR /COUNCIL REPORT A) Callahan noted that Shorewood, along with other cities, has met with differences with the MWCC activities. He asked the status of the City of Orono. Moorse explained, Orono along with most lake cities, has experienced similar problems with regard to the rate increase by the MWCC due to a higher water table and infiltration and inflow. He added, the MWCC is two years behind from projection of cost to pay request, thus part of the problem. The CIty - EngIneer is reviewing the status to make sure Orono is within the realm of reasonability regarding the charges. Callahan asked if the additional charge is in part due to leakage into the pipes. Moorse stated that was part of it, and also run -off into manholes contributes. Jabbour suggested implementing an inspection of sump pumps to ensure they are not being pumped into the system. Moorse stated that has been discussed. Jabbour felt that should be implemented as soon as possible. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 MAYOR /COUNCIL REPORT - CONT. B) Goetten reported, as a member of the League of Minnesota Cities Planning Committee, the conference for the coming year.wiII be held in St. Cloud. She noted she has volunteered Moorse and Sullivan to speak at a seminar on contracting services, and she will be working on a seminar regarding conflict within a City Council. Callahan noted items included in the packet from the League concerning State Aid, and suggested that be given attention. Moorse reported the direction of the Governor indicates State Aid to cities will be a low priority in order to balance the budget.. He suggested meeting with the City's Legislators to discuss this issue. ENGINEER'S REPORT ( * #10) PAY REQUEST #4 - STUBBS BAY SANITARY SEWER IMPROVEMENT It was moved by Butler, seconded by Mayor Peterson, to authorize payment to Progressive Contractors, Inc. for the Stubbs Bay Sanitary Sewer Improvements in the amount of $275,415.46 Ayes 5, nays 0. CITY ADMINISTRATOR'S REPORT ( * #11)•CERTIFICATION OF DELINQUENT SEPTIC INSPECTION FEES, SEWER & WATER UTILITY ACCOUNTS & RECYCLING PROGRAM FEE - RESOLUTION #3206 It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #3206 providing for the collection of delinquent 1.992 sewer and water utility service charges, recycling program fees and annual service charges for the on -site sewage treatment (septic) inspection program. Ayes 5, nays 0. ( * #12) CERTIFICATION OF UNPAID DEVELOPER'S FEES & ALARM USER FEES - RESOLUTION #3207 �,It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #3207 providing for the collection of delinquent 1992 developer fees and alarm user fees. Ayes 5, nays 0. 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 ( * #13) 1993 WAGE & INSURANCE ADJUSTMENTS It was moved by Butler, seconded by Mayor Peterson, to approve the staff recommendation as outlined in the memo dated 11/19/92. The combined effect of the wage and Insurance increase is to increase total wage and insurance expenditures of 3.2 %. Ayes 5, nays 0. ( * #14) CALENDAR OF OFFICIAL MEETINGS & HOLIDAYS FOR 1993 It was moved by Butler, seconded by Mayor Peterson, to approve the 1993 calendar of official mee=tings and holidays. Ayes 5, nays 0. ( * #15) AMENDMENTS TO FEE SCHEDULE ORDINANCE #111, SECOND SERIES It was moved by Butler, seconded by Mayor Peterson, to approve the amendments to the 1993 fee schedule Ordinance #111, Second Series. Ayes 5, nays 0. ( #16) DESIGNATED USE OF CRYSTAL BAY SITE Moorse stated the general consensus by the Council with regard to the use of the Crystal Bay site has been to leave the area as open space /park land and start some process with the Park Commission and neighbors to determine future use.. He suggested the Council take formal action to give staff direction on this issue. Butler felt the resolve of the use of this site i s based on the need to balance the budget for the new facilities. Callahan stated Council passed a resolution not long ago directing staff to prepare a budget and prepare to remove the existing . buildings and turn the land into greensward. The budget for the new facilities had an off - setting revenue source from both the Crystal Bay site and the Sewer pond site. He felt the economic situation may not warrant the sale of either parcel at present. He felt they should proceed as.foriner Council action directed. He said to make further commitment, Council needs to see the final budget for the new facilities. Moorse indicated that within the budget for the new facilities, $35,000 of revenue from the sale of the Crystal Bay site has been listed, with an off - setting amount of $35,000 to raze the existing buildings. -He noted the State Petro fund will pay a major portion of the tank removal, and the City's insurance with the League of Cities will pay the remainder of the cost. Callahan noted it is felt by some that the subdivision of the sewer pond site will be quite costly, and therefore has not been pursued. 0 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 DESIGNATED USE OF THE CRYSTAL BAY SITE — CONT. Jabbour stated the holding cost of these parcels will be coming out of the revenues dedicated toward the general fund out of the $2,000,000 set aside. ( #17) FUEL STORAGE SYSTEM CITY FACILITIES Moorse reviewed at the last meeting, Council directed staff to investigate the above ground, two tank system. He reported the tanks meet all fire protection and environmental requirements and 'there is no indication those regulations will change in the near future. FUEL STORAGE SYSTEM — CONT. Jabbour asked why two tanks are proposed versus one, which would be cheaper. Moorse indicated the one tank system would not be significantly cheaper and the dimensions would change. He felt the larger one would be more noticeable. Jabbour asked how insignificant the cost difference would be. Moorse stated he was unsure of the exact amount.. Butler asked the difference in size of tanks. Moorse stated the tanks proposed are square tanks and not considered huge. Goetten stated she would like to know the dimensions, cost benefits and see pictures of the proposal before making a decision. Jabbour stated it is totally unacceptable for a sworn official to take a position on an issue without adequate information. Mayor Peterson asked that the information be provided to Council prior to the upcoming holiday. It was moved by Callahan, seconded by Mayor Peterson, to delay action until the adjourned meeting to be held immediately following the Truth and Taxation meeting on December 1st. Ayes 5, nays 0. 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 ( #18) ARCHITECT FEES Moorse stated this is an update on the billings received from the architect. He noted a considerable amount included for reimburseables, which he has asked the architect to document. He said the architect fees and reimburseables will exceed the allocated amount within the budget. The budget represents an amount of $3,000 for reimburseables. Callahan suggested that all payments to the architect be withheld until the buildings are constructed and accepted by the City. He noted there is still a question whether the architect is responsible for excess amounts incurred by the City. Callahan and Jabbour noted they would not be attending the meeting on the morning December 1st with the architect, and directed staff to inform the architect of the Council's decision. It was moved by Callahan, seconded by Jabbour, to direct staff not to make further payment to the architect until the building is completed and accepted by -the City, and until the City has determined whether or not and to what extent charges should be made back to the architect for errors. Ayes 5, nays 0. Moorse noted a concern with regard to this action as to what extent the architect's contract requires payment. He stated the City is holding payment from August, and this may not be in keeping with the contract. Jabbour noted that the architect failed delivery of part of the contract, which caused the City delays and additional dollars. Callahan clarified that the difference between the amount paid to the architect and the budgeted amount is $21,000. He asked what has been held for 90 days. Moorse stated he is holding invoices totaling approximately $24,000. He added, the architects total bill will be close to the budgeted amount of $242,000, but the reimburseables will be much higher. Callahan stated no one on the Council has approved payment of the reimburseables. Jabbour noted that the budgeted reimbursable amount was to include payment of the newsletter. He suggested Moorse review this item with the architect. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 i ARCHITECT FEES - CONT. Moorse explained that the reimbursable amounts have been included with the architectural fees. Jabbour indicated at every meeting with the architect, he told the architect to keep an eye on the reimburseables and -was told they• were right on target. Vote: Ayes 5, nays 0. ( *19) PROGRESS REPORT - FALL CLEAN -UP It was moved by Butler, seconded by Mayor Peterson, to accept the information submitted on'the fall clean -up. Ayes 5, nays 0. ( #20) SELECTION OF A NAME FOR THE NEW CITY FACILITIES It was moved by Jabbour, seconded by Mayor Peterson, to approve a monument sign reading "Orono Municipal Facilities" and smaller directional signs for the new facilities site. Ayes 5, nays 0. ( * #21) SALARY ADJUSTMENT - OFFICER MARK TOMCZYK It was moved by Butler, seconded by Mayor Peterson, to increase Off1cer-Mark Tomczyk's salary from $18.724 per hour to $19.080 per hour as of November 17, 1992, as per the 1992 LELS contract currently in effect. Ayes 5, nays 0. ( * #22) LICENSES There were no licenses. ( * #23) BILLS It was moved by Butler, seconded by Mayor Peterson, to approve payment of the All Funds Account. Ayes 5, nays 0. 12 -t MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 ADJOURNMENT Mayor Peterson adjourned the regular Orono City Council meeting at 8:42 p.m. to Executive Session. Ayes 5, nays 0. Barbara A. Peterson, Mayor AT T: Dorothy allin, City Clerk