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HomeMy WebLinkAbout07-08-1991 Council MinutesMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 8, 1991 ROLL CALL: The Council met on the above date with the following members present: Mayor Barbara Peterson. Councilmembers J. Diann Goetten, Edward Callahan, Gabriel Jabbour and Mary Butler. The following represented the City Staff: City Administrator Mark Bernhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney' Thomas Barrett, City Engineer Glenn Cook, and City Recorder Laurie Scheffler. Mayor Peterson called the meeting to order at 7:00 p.m. (W)CONSENT AGENDA Councilmember Jabbour requested that item #21 be removed from the Consent Agenda. Councilmember Goetten requested the removal of item #24 from the Consent Agenda. It was moved by Butler, seconded by Goetten, to approve the Consent Agenda, with the exception of item number 21 and 24, which were removed and discussed in the sequence shown on the Agenda. All voted aye. Motion passed. ( #2 *)APPROVAL OF MINUTES It was moved by Butler, seconded by Goetten, to approve the Minutes of the Regular Council rleeting held June 24, 1991. All voted aye. Motion passed.. PLANNING COMMISSION COMMENTS: Planning Commission Representative Bellows was present, and indicated that she had no comments at this time. PUBLIC COMMENTS: None. ZONING ADMINISTRATOR'S REPORT: ( #3)ZONING FILE $1604 -CLAIR ROOD 2215 RENWOOD WAY VARIANCE /CONDITIONAL USE PERMIT Clair Rood was not present and Council agreed that tabling this application would be appropriate. It was moved by Goetten, seconded by Jabbour, to table this item until such time that the applicant, or a representative, can attend the Council meeting. All voted aye. Motion passed. - 1 - ORONO CITY COUNCIL MEETING HELD JULY 8, 1991 ( #4)ZONING FILE #1645 -A.J. GRAF 2008 SUGARWOOD DRIVE — REQUEST FOR SECOND CURB CUT Mr. Graf was present for the review and consideration of his application. Bernhardson explained the issues involved with Mr. Graf Is request for an additional curb cut to access his property. There is an island situated in the street in front of Mr. Graf's property, which makes it difficult for vehicles to maneuver into the existing driveway. Bernhardson noted that due to the location of existing mature trees, the island was created in a different configuration than what was shown on the final plat. Butler stated that there are two trees within the island, and though she supports tree preservation, safety is more of a concern. She advised that the location of the island is such that there is a minimal width between it and the curb. Butler indicated that she would like to see the island removed. Mabusth advised that the'Developer of this plat, Sid Rebers, has great concern about tree removal. She suggested that it may be appropriate to give him the opportunity to respond to the request to remove the island before Council takes final action. Goetten suggested having the City Engineer and /or Public Works Director examine the situation to determine if there is in fact a safety problem. Graf stated that his is the only lot that is affected by the island. He said, "As a resident of Sugarwoods and the City of Orono, I would hate to see the two Maple trees within the island removed. I believe that the second curb cut would provide a more safe method-of accessing my property." Mayor Peterson noted that the majority of Planning Commission members had recommended closing off the eastern access in lieu of a western access. She asked Bellows to elaborate. on their recommendation. Bellows advised that the majority of Planning Commission members did not believe that removing the island would solve the access problem. She added that this is not the first time this property 'has been reviewed in terms of a driveway. Bellows said, "The Planning Commission appreciated the fact that Mr. Graf is in a very difficult position. This particular house was designed without adequate consideration being given to its ability to meet the intent or letter of the covenants. Several Planning Commission members also believed that adding another curb cut may in fact enhance the sighting problems." Glenn Cook stated that if Sugarwood Drive was a public, - 2 - �I ORONO CITY COUNCIL MEETING HELD JULY 8,'1991 (14)ZONING FILE #1645 -GRAF CONTINUED rather than private "street,, he would not have recommended the island at all. He added that he had made a field inspection of the property and recommended a circle drive with a single driveway access. At some point in time, Sugarwood Drive will become a public street, and a single curb cut would be preferred. It would also be at that time (when the road is converted from private to public) that the island should be removed. He suggested Council incorporate that condition into their motion, should they approve Mr. Graf's request. Graf explained, that constructing a circle drive on his property would be extremely disruptive to the trees on the property, and would require the installation of culverts. Callahan indicated that, in his opinion, two curb cuts, as requested by Mr. Graf, would be the obvious solution to the problem. Bellows advised that the Planning Commission has reviewed this property once before this in terms of a driveway. At that time, the need for a second curb cut was never raised, the request involved additional encroachment into the front street yard. It was moved by Callahan, seconded by Butler, for purposes of discussion, to grant the applicant's-request for an additional curb cut. Jabbour asked Callahan if he would amend his motion to include a condition requiring that -the island and second curb cut be removed at such time that the road becomes public. Callahan stated that he did not wish to amend his motion. Motion, Ayes -2, Mayor Peterson, Goetten, and Jabbour, Nay. Motion failed. It was moved by Jabbour, seconded by Callahan, to grant the applicant's request for an additional curb cut, subject to the curb cut and island being removed at the time the street becomes public. Motion, Ayes -2, Butler, Goetten, Mayor Peterson, Nay. Motion failed. It was moved by Butler, seconded by Jabbour, to have the island removed and maintain the existing driveway with only one curb cut. Motion, Ayes -2, Goetten, Callahan, and Mayor Peterson, Nay. Motion failed. It was moved by Mayor Peterson, seconded by Jabbour for purposes of discussion, to allow the applicant to 'construct a curb cut west of the existing curb cut, which is to be removed. The island is to remain as is. Motion, Ayes -2, Butler, Goetten, and Callahan, Nay. Motion failed. Mayor Peterson suggested giving the developer an opportunity to address the possibility of removing the island. - 3 - ORONO CITY COUNCIL MEETING HELD JULY'8, 1991 ( #4)ZONING FILE #1645 -GRAF CONTINUED Bernhardsoni`" 'stated_ . that City Staff would contact the developer and would work with the City Engineer in regard to the ramifications ' and /or benefits of removing the island. Information would be presented to Council at their July 22, 1991, meeting. It was moved by Mayor Peterson, "-seconded by Jabbour, to table this item until Council's July 22, 1991 meeting. All voted aye. Motion passed. Mr. Graf stated for the record that he would withdraw his request for the additional curb cut in order to assure that the island will remain. ( #5 *)ZONING FILE #1648- RONALD PRINEAS 1920 SHORELINE DRIVE VARIANCE RENEWAL- RESOLUTION #2979 It was moved by Butler, seconded Resolution #2979, granting a renewal of originally granted in 1989 as set forth in voted aye. 'Diction passed. ( #6)70NING FILE #1649- ELAINE PETERSON by Goetten, to adopt a lot width Variance Resolution #2650. All 1921 FAGERNESS POINT VARIANCE- RESOLUTION #2980 Elaine and-Daryl.Peterson were present for this matter. Bernhardson summarized the- information pertaining to the Peterson's application. It was moved by Butler, seconded by Goetten, to adopt Resolution #2980, granting side setback and hardcover Variances to construct a detached garage. All voted aye. Motion passed. (#7)ZONING FILE. #1650 - HENNEPIN COUNTY DEPT OF TRANSPORTATION INTERSECTION OF COUNTY ROADS 15 AND 51 AFTER- THE -FACT CONDITIONAL USE-.PERMIT /VARIANCE_ There were no representatives present on behalf of the Hennepin County Department of Transportation. It was moved by Butler, seconded by Mayor an after - the -fact Conditional Use Permit and alterations within the 75 foot setback area cubic yards, based on Staff findings #1 and # Jeanne Mabusth's memo dated June 12, 1991. Motion passed. - 4 - Peterson, to grant Variance for land' in excess of 100 2, as set forth in All •voted aye. ORONO CITY COUNCIL MEETING HELD JULY 8, 1991 ( #8)ZONING FILE #1652- DANIEL AND BARBARA FLEISCHMAN 500 HANLON AVENUE VARIANCE- RESOLUTION #2982 Barbara Fleischman was present. Bernhardson provided a brief explanation of the Fleischman's application, noting that the Planning Commission recommended approval. It was moved by Butler, seconded by Goetten, to adopt Resolution #2982, granting a side and rear setback Variance to construct a deck. All voted aye. Motion passed. ( #9)ZONING FILE #1653 -JEFF JOHNSON 3825 CHERRY AVENUE VACATION - RESOLUTION #2983 Jeff Johnson was present for the review of his application. Bernhardson reviewed the information outlined in Jeanne Mabusth's June 12, 1991 memo pertaining to this application. Mabusth added that there were no concerns raised by any of the neighboring property owners. One of the owners did attend the Public Hearing on this matter to question how the vacation will impact her property. Mabusth also noted that the Park Commission did not address this application, in terms of a future bike trail, at their last meeting. Jeff Johnson explained his reason for requesting the Vacation. He stated that he would have either had to apply for a Variance or a Vacation in order to construct a deck onto his home. He believed the Vacation to be a more sensible approach. Johnson stated that, in his opinion, the Vacated alley would not provide a suitable area for a bike trail because of the wetlands in the area. He commented that he would like to have Council act on his application with as little delay as possible. Mabusth noted that it is a policy of the City to have the Park Commission review land that. is the subject of a Vacation or subdividing, prior to either occurring. Mayor Peterson and Jabbour thought it would make sense to have the entire alley vacated at once. Mabusth explained that if such were the case, it would be necessary for the City to approach each property owner to secure any easements, and that could be a costly process. Jabbour stated that it is not possible for anyone to walk or ride through the alley area, and that he would prefer to see it remain that way. - 5 - ORONO CITY COUNCIL MEETING HELD JULY 8, 1991 ( #19)ZONING FILE #1653 -JEFF JOHNSON CONTINUED It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #2983, Vacating unused portions of a 14 foot alley within the Plat of Crystal Bay View. Motion, Ayes -4, Callahan, Nay. Motion passed. Callahan stated he preferred not to Vacate public streets. ( #10)ZONING FILE-41655-ELAINE PAGONIS 2740 SHADYWOOD ROAD VARIANCE- RESOLUTION #2984 Elaine Pagonis was present. Bernhardson reviewed the issues involved with Ms. Pagonis's application for a hardcover Variance to construct two decks in the 75 -250 foot zone. He noted that the Planning Commission had recommended approval of this application. Gaffron referred Council to paragraph one under "Conclusions, . Order and Conditions" within the proposed resolution. He asked if the paragraph should not be deleted in light of recent Council action calling.for more definition to an ordinance amendment allowing the use of non -woven permeable fabric. Jabbour suggested omitting the paragraph entirely because Council has not formally acted on the ordinance amendment allowing the use of fabric. He suggested that Staff may wish to advise Ms. Pagonis to-put any landscaping projects involving the use of non -woven fabric on hold until final Council action is taken. It was moved by Jabbour, seconded by Butler, to adopt Resolution #2984, granting a hardcover Variance to construct two decks within the 75 -250 foot zone, as amended deleting paragraph one on page three of six. All voted aye. Motion passed. ( #11)CURTIS H. GREEN 3220"WATERTOWN ROAD--- REQUEST FOR SINGLE ACCESS TO NEW BUILDING SITE Curtis Green was present. Bernhardson informed Council that Mr. Green is seeking approval of an additional curb cut to access his property from Watertown Road. He advised that neither the Planning Comm ission nor the Park Commission have reviewed. this request, as it pertains strictly to a curb cut. He stated that the proposed access to. the property would encroach septic test sites, and should Council vote to. approve the request, it is Staff's recommendation that it be subject to written verification that alternate septic sites exist. Butler noted that the final plat was approved based on a ORONO CITY COUNCIL MEETING HELD JULY 8, 1991 ( #11)CURTIS GREEN - CONTINUED shared driveway configuration. She suggested that if a separate access is approved for Lot 2, Block 1, it is unlikely that the property owner will share in the costs of the approved shared driveway with Lot 1, Block 1. Goetten stated that the City has been reluctant, from a safety standpoint, to approve additional curb cuts off of the more traveled roads such as Watertown. Curtis Green stated that if the driveway is constructed on his property as the final plat suggests, it would cut the lot in half. He is trying to put the driveway off to the side and out of sight. Mayor Peterson asked Gaffron if the proposed driveway would interfere with the primary or alternate septic sites. Gaffron replied, "This is the first opportunity I have had to look at 'Mr. Green's proposal. This proposal does impact the primary and alternate sites, and Staff has no guarantee that other sites exist. I would not recommend. that Council approve this without further septic testing to prove that other sites exist." Mabusth advised that Mr. Green wished to know whether a request for a second curb cut would be approved before expending additional monies for septic testing. It -was moved by Callahan, seconded -by Jabbour, to deny Mr. Green's request for an additional curb cut off of Watertown Road, based on findings one through four of Jeanne Mabusth's memo dated July 3, 1991. All voted aye. Motion passed. MAYOR /COUNCIL REPORT: ( #12)CITY ADMINISTRATOR SEARCH PROCESS Council reviewed the information presented by Bernhardson and took no formal action. ( #13)APPOINTMENT OF ACTING ADMINISTRATOR - RESOLUTION #2985 It was moved by Jabbour, seconded by Mayor Peterson, to adopt Resolution #2985, appointing John. Gerhardson as the Acting Administrator for the City of Orono until a new administrator assumes the position. All voted aye. Motion passed. CITY ADMINISTRATOR'S REPORT: ( #14)CITY FACILITIES Bernhardson provided Council with updated financial information regarding the City facilities, and confirmed that the HRA publication notice for the July 22nd Public Hearing had in - 7 - ORONO CITY COUNCIL MEETING HELD JULY 8, 1991 (114)CITY FACILITIES CONTINUED fact been published. He advised Council that with respect to a site, Staff would more than likely exercise the option on the northeast site on Highway 12 on July 9, 1991. Bernhardson noted that he, the two Building Inspectors., and the Zoning Administrator would like to be appointed to the construction manager interview panel. He asked Council for further recommendations. Mayor Peterson and Goetten expressed interest in participating on the panel. Mayor Peterson asked Maureen- Bellows if she would participate. Bellows accepted. Jabbour asked to be kept informed of the Construction Manager Committee actions, as well as all other information pertaining to the City facilities. ( #15)LAKE USE COMMITTEE Bernhardson provided Council with information pertaining to the LMCD Budget. He informed Council that the LMCD adopted a revised budget with a 9.4% growth, rather than 10.4 %. Bernhardson advised that Orono's share of the LMCD budget would increase only 3.4% over last year, as opposed to 11.2% as first proposed. He stated that the City still had the option of objecting to the increase. With respect to the LMCD Comprehensive Plan, Bernhardson reported that Jim Uttley, a planner with Metropolitan Council, is continuing to work on a partial redraft. A meeting of the cities has been scheduled for July 17, 1991. Bernhardson further advised that the Lake Use Committee meeting that had been rescheduled from July 9th to July 23rd. He . informed Council- that a­ meeting involving the Police _Chief selection had been scheduled for July 23rd-and that the Lake Committee meeting would need to be changed again. Gaffron advised that he would have to contact John Shardlow, the Planning Consultant assisting with the redraft of the City's Shoreland Ordinances, to inform him of the revised meeting date. Mr. Shardlow was to attend the Lake Use Committee meeting, and will need to confirm his ability to meet on a rescheduled date. (#16)REQUEST FOR REFUND -CUFF Bernhardson reviewed the information outlined in his July 3, 1991, memo pertaining to Karen Cuff's request for a refund of $1,675.97 for assessments paid on Lot 17. He noted that the City has recently been notified that the Cuff's have filed a lawsuit ORONO CITY COUNCIL MEETING HELD JULY 8,-1991 ( #16)REQUEST FOR REFUND -CUFF CONTINUED against the City of Orono as a result of its decision not to pursue a storm sewer project involving the Cuff's property. Goetten stated that, in her opinion, the fact a lawsuit has been filed does have a bearing on Ms. Cuff's refund request. Goetten indicated that -the refund request should not be considered until there is a settlement of the lawsuit. Butler concurred with Goetten. It was moved by Butler, seconded by Goetten, to delay any action on Karen Cuff Is request for an assessment refund until such time that the pending litigation is resolved. All voted aye. Motion passed. Karen Cuff indicated that she had submitted a request for an assessment refund in July of 1990, and had asked Staff to put this matter on the Council Agenda after the last .Public Hearing on the storm sewer issue had taken place. She stated that she was unhappy with the, manner in which this request was brought to Council's attention, as well as the length of time it took the City to reach a final decision on the storm sewer project. ( #17 *)POLICE CHIEF SELECTION It was moved by Butler, seconded by Goetten, to set July 23rd for the final interviews with police chief applicants. with final selection to be done by Council on August 12, 1991. All voted aye. Motion passed. (. #18 *)RESPONSIBLE AUTHORITY DATA PRIVACY - RESOLUTION #2986 It was moved by Butler, seconded by Goetten, to adopt Resolution #2986, appointing a responsible authority,'a designee and assigns duties. All voted aye. Motion passed. ( #19 *)MUNICIPAL BOARD PROCESS It was moved by Butler, seconded by Goetten, to accept the information presented by- Bernhardson regarding the Municipal Board process. All voted aye. Motion passed. ( #20 *)ASSESSOR'S CONTRACT It was moved by Butler, seconded by Goetten, to adopt Attachment B as the Assessing Contract with Rolf Erickson, for the period of September 1, 1991, through August 31, 1992, at an annual rate of $67,800.00. All voted aye. Motion passed. . ( #21)CITY RECORDER RESIGNATION Councilmember Jabbour requested that this item be removed from the Consent Agenda. He stated that before -he voted to accept the City Recorder's resignation, he wanted her to know that he appreciated the excellent work she has done for the City. ='_ ,• 1 ORONO CITY COUNCIL MEETING HELD JULY 8, 1991 ( #21)CITY RECORDER RESIGNATION CONTINUED Mayor Peterson also thanked Laurie for th6 job she has done over the last three years. I It was moved by Jabbour, seconded -by Mayor Peterson, to accept, with regret, the resignation of Laurie Scheffler, and wish her and her family the best in their new home in St. Louis, Missouri, together with authorizing Staff to seek a replacement for the position to be brought back to Council for approval. All voted aye. Motion passed. ( #22 *)SOURCE REDUCTION RECYCLED PRODUCTS - RESOLUTION #2987 It was moved by Butler, seconded by Goetten, to adopt Resolution #2987, approving the use of recyclable materials where appropriate during the construction of any new City facility. All voted aye. Motion.passed. ( #23 *)STEP INCREASE- OFFICER FISCHENICH It was moved by Butler, seconded by Goetten, to authorize the increase from $16.768 to $17.271 (1990 base rate plus 3% longevity) to Officer Fischenich, effective July 1, 1991. All voted aye. Motion passed. ( #24)SALARY ADJUSTMENT -RANDY O'BRIEN . Councilmember Goetten asked that this item be removed from the Consent Agenda. She noted that Staff's memo does not indicate the amount of the increase proposed for Randy O'Brien. Bernhardson advised that the specific salary information would be incorporated into the minutes. It was moved by Goetten, seconded by Jabbour, to adjust Randy O'Brien's salary to $11.984, representing a salary adjustment to Level 4 of Step 5, effective April 4-, 1991. All voted aye. Motion passed. ( #25 *)SUMMARY FOR PUBLICATION -1990 AUDIT REPORT -It was moved by Butler, seconded by Goetten, to approve the 1990 Summary Financial Report for publication, -the 1990 State Financial Reporting Form, and the Independent Auditor's Report as presented in the Comprehensive Annual Financial Report for the year ended December 31, 1990. All voted aye. Motion passed. ADMINISTRATOR'S INFORMATION It was moved by Butler, seconded by Goetten, to accept the City Administrator's Information regarding: 1950 Shoreline Drive -Cabin Removal, Holding Tank -315 Crestview Avenue, 360- 370 Leaf Street, Highway 12 Damage Claim, May Receipts and Disbursements, and Goal Setting Status. All voted aye. Motion passed. CITY ATTORNEY'S REPORT: None. - 10 - ORONO CITY COUNCIL MEETING HELD JULY 8, 1991 ( #27 *)L-ICENSES: It was moved.-by Butler, seconded by Goetten, to approve the following license(s): Special Events Permit: Rick Recker Foot Race - Corn Days August 11, 1991, 12:00 - 1:0.0 p.m. All voted aye. Motion passed. ( #28 *)BILLS It was moved by 'Butler, seconded by Goetten, to approve payment of the All Funds Account. All voted aye. Motion passed. EXECUTIVE SESSION _ At 8:18 p.m., City Attorney Barrett requested that Council adjourn to an Executive Session for the purpose of discussing pending litigation. ADJOURNMENT It was moved by Butler, seconded by Mayor Peterson, to adjourn-the Regular Council Meeting at 8:33 p.m. All voted aye. Motion passed. Barbara A. Pet rson, Mayor AT ST: Frothy Hallin, City Clerk =9=