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HomeMy WebLinkAbout06-22-1998 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, and Richard Flint; Barbara Peterson was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, Senior Planning Coordinator Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, Director of Public Services Greg Gappa, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:02 p.m. PRESENTATION REGARDING THE WESTONKA COMMUNITY CENTER FACILITY Bill Pinegar, Representative of the Westonka Community Center, 1347 Rest Point Circle, Orono, along with Bruce Sharon, addressed the City Council regarding the formation of the Joint Powers Board and the progress on the Westonka Community Center Facility. Pinegar stated they have recently formed the Joint Powers Board, which is a four member board comprised of two Westonka School Board members and two Mound City Council members, • to help facilitate the development of the Westonka Community Center Facility. The Westonka School District has successfully passed a $7.5 million referendum to help finance the facility, and is currently working towards development of plans and specifications with an anticipated completion date of the year 2000. Pinegar requested the City of Orono consider becoming either a voting member on the Joint Powers Board or sending a representative from the City to participate in the facility planning process. Mayor Jabbour remarked the City of Orono has been keeping apprised of the project, and recommended the Joint Powers Board ensure that the plans and specifications are as detailed as possible before construction is started. Mayor Jabbour inquired about certain monies that had been earmarked for this project from a previous referendum and whether that money was still available for the Westonka Community Center. Pinegar noted that the previous referendum was $1.9 million, with the total cost of the project being over $9 million. Mayor Jabbour stated it has been the philosophy of the City of Orono to not get too actively involved in community services. • 1 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 Presentation Regarding the Westonka Community Center. Facility - continued Flint inquired how the continuing expenses of the Westonka Community Center Facility will be funded once the building is renovated. Pinegar stated that is a major point of concern for the Board, with the expenses being shared 50% by the Mound School District and 50% by the City of Mound. The facility will consist of the Senior Citizen Center, a 600 seat auditorium, and space for Head Start and We Can, in addition to recreational facilities. Pinegar stated the goal of the Joint Powers Board was to inquire of the surrounding communities to see if they would be interested in becoming a partner, with the expenses being calculated based upon the population in the school district of each community. Mayor Jabbour questioned the City Council whether they would be interested in participating in the Joint Powers Board either as a voting member, which would involve a financial commitment, or in an advisory capacity without a vote. is Goetten commented she would like more information regarding the project before a decision • is reached. Pinegar remarked he could arrange a special presentation if so desired. Mayor Jabbour suggested a packet be prepared and submitted to the City Administrator for review by the City Council. Pinegar agreed to submit the requested information. CONSENT AGENDA ( #1) APPROVE /AMEND Items 4, 5, 8, 11, and 17 were added to the Consent Agenda. Goetten moved, Kelley seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES ( #2) Regular Meeting of June 8, 1998 Goetten moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of June 8,1998. VOTE: Ayes 4, Nays 0. 2 E E ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 CITY ASSESSOR SERVICES - ROLF ERICKSON Mayor Jabbour extended his gratitude on behalf of the City Council to Rolf Erickson, City Assessor, on the wonderful job he has performed for the City in the past, and inquired whether he would be willing to reconsider his decision to not renew his contract for assessing services for the coming year. Erickson cited two main reasons for not renewing his contract; 1) the amount of time needed to complete the necessary paperwork, and 2) the inability to find quality help. Erickson commented Orono was a difficult city to assess, noting that Hennepin County prefers that Orono employ its own assessor. Mayor Jabbour suggested delaying action on this matter to allow City Staff time to negotiate with Erickson on possible options. City Administrator Moorse stated that perhaps support staff could assist Erickson with the paperwork as one possible solution. Erickson agreed to meet with Staff in an effort to work something out that would be agreeable to both parties. is REPORT BY POLICE CHIEF GARY CHESWICK - MAY 15 STORM Cheswick stated he has submitted a written report regarding the May 15 storm to the City Council. A point of concern raised by Cheswick was the lack of emergency sirens in the City, noting that 3/4 of Orono is not covered by the emergency warning system. Cheswick suggested the City acquire two new sirens at a cost of $36,600 to be located near County Road 6 and Watertown Road and the Saga Hill area. Cheswick commented during the May 15 storm the Police Department was unable to use the cellular phones because all lines were tied up which necessitated them to rely upon the City channel to communicate with the other departments in the City. Cheswick stated this method of communication worked very well. Cheswick reported the Police Department is unable to deal with downed trees blocking roadways due to the possibility that live electric wires may be tangled up in the trees until contact is made with NSP. Kelley stated he had some questions regarding the emergency siren system, such as the radius of sound and procedure for activation. 0 3 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 Report by Police Chief Gary Cheswick - May 15 Storm - continued Cheswick also noted that the Crystal Bay area is not covered by the siren warning system. Hennepin County activates all the sirens in the area as soon as a tornado formation is spotted. Kelley recommended the City install the sirens immediately. Goetten commented the City needs to educate the public through the City newsletter or newspaper on issues dealing with public safety and why the police are not always able to respond immediately to an emergency call. Mayor Jabbour recommended the City proceed with the purchase of three sirens in the interests of public safety. Cheswick remarked a lot of the radio transmitters are also becoming inadequate, noting that in his opinion the 800 megahertz system will probably not be up and running until the year 2005. 0 Moorse stated the cost of the current Public Works radios is approximately $500 compared to the $3,000 cost of an 800 megahertz radio. Cheswick stated he is currently looking at a lease system for the radios. • Flint inquired why Long Lake's siren is being activated so frequently. Cheswick commented that to his understanding Long Lake's siren is hooked up to the fire department and is activated every time there is a fire, but will investigate that further. Cheswick stated the overall communication with the public works department, fire department and police station during the May 15 storm was excellent. PUBLIC COMMENTS Bob Searles addressed the City Council regarding the concerns he has with closing Woodhill Avenue which could result in the loss of emergency vehicle access. Searles stated the City could be subject to a lawsuit in the event a death or injury occurred and emergency vehicles cannot proceed through if access is blocked off. Searles commented this dangerous situation is compounded by the fact that there is heavy traffic on Highway 15, noting that the City Council should be aware of this scenario and take appropriate steps to handle an emergency if one should arise in the area. Mayor Jabbour commented the City is attempting to have the dirt pile removed from Woodhill Avenue, noting that a possible agreement has been reached with Woodhill whereby road access would not be blocked off. 0 4 • ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 is Public Comments - continued Shelly Storch, 1245 Woodhill Avenue, commented Woodhill Avenue was never open to the public. Mayor Jabbour reported the City has agreed to remove the dirt, noting this item is not currently on the agenda. Mayor Jabbour stated the affected property owners will be notified of any action taken concerning this road. PARK COMMISSION COMMENTS r[. LAKE MINNETONKA CONSERVATION DISTRICT - LILI MCMILLAN, REPRESENTATIVE McMillan reported the Lake Minnetonka Conservation District has sent her a copy of the budget for 1998. Mayor Jabbour commented he had a discussion with the Chairman of the Lake Minnetonka Conservation District in which he suggested there be a zero levy to the City this year due to the large amount of money held in reserve. McMillan stated there will be an allocation of $20,000 for milfoil eradication, with an increase of $20,000 for new signage. McMillan remarked no information has been supplied regarding the new signage. Kelley questioned why the Lake Minnetonka Conservation District needs a million dollar reserve. Mayor Jabbour commented the City of Orono has requested a public hearing for the past five years to discuss this issue, but the statute does not mandate that the Lake Minnetonka Conservation District hold public hearings. Mayor Jabbour remarked that in his opinion the monies held in reserve should be utilized with zero levy to the City. It was noted that the City of Orono comprises 40% of the lakeshore but has a minor say in how the money should be allocated. McMillan stated she will recommend to the District that the $20,000 for new signage come out of the reserves. 5 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 Lake Minnetonka Conservation District - Lili McMillan, Representative - continued McMillan gave an update on the status of the LMCD grant for development of a new public access on the lake. The LCMR will be making a determination on the grant monies in August. McMillan stated milfoil harvesting will commence June 15. It was noted that the Bill Hawks lawsuit has been dismissed on the condition that he remove the boathouse or convert it to a houseboat. McMillan reported she has been asked to chair the Save the Lake Committee which solicits private funds in the range of $20,000 - $30,000 per year for special designated projects. Mayor Jabbour remarked that the Save the Lake Committee invests in education and safety projects which is a very positive aspect. McMillan stated she will recommend to the Lake Minnetonka Conservation District that they reduce the assessment and utilize the monies in reserve for the various projects. Mayor Jabbour commented that he would like the situation with the zebra mussels closely monitored. McMillan remarked she will bring that matter up for discussion. PLANNING COMMISSION COMMENTS - LIM MCMILLAN, REPRESENTATIVE None ZONING ADMINISTRATOR'S REPORT ( #3) 2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - PRD & CLASS III PRELIMINARY SUBDIVISION Moorse stated Brook Park Realty has served the City with a summons and complaint regarding what they consider to be the City's violation of the 60 day rule concerning their application. Tom Radio, City Attorney, recommended making a motion to table the matter to executive session. Goetten moved, Flint seconded, to table Application 2308 to executive session based on City Attorney's advice. VOTE: Ayes 4, Nays 0. 0 0 A L ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 ( * #4) WILLIAM BOCKMANN,1130 LOMA LINDA AVENUE - VARIANCES - RESOLUTION NO. 4098. Goetten moved, Kelley seconded, to approve Resolution No. 4098 granting variances to permit construction of a new residence on the property located at 1130 Loma Linda Avenue. VOTE: Ayes 4, Nays 0. ( * #5) STEVE BECK, 2795 SHADYWOOD ROAD - VARIANCE - RESOLUTION NO. 4099 Goetten moved, Kelley seconded, to approve Resolution No. 4099 granting a variance to permit construction of a lakeside deck on the property located at 2795 Shadywood Road. VOTE: Ayes 4, Nays 0. ( #6) 2364 JOHN SERENA, 4607 WATERTOWN ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4100 John Serena was present. Van Zomeren stated the Applicant has purchased the adjoining lot and is in the process of making modifications to the existing residence which lies in the RR -lA zoning district. The Applicant is requesting a conditional use permit for a guest house that will be used as a pool house with the condition that the pool house not be used as a rental or dwelling unit. The Applicant is in the process of combining the two lots. The Planning Commission recommended approval of the application subject to the pool house not being used as a rental or dwelling unit, plumbing and heating be installed, and that the two lots be combined. Serena had no comment. Goetten commented she had no problem with the application but questioned whether the two lots could be subdivided in the future. Van Zomeren stated the zoning code prohibits subdividing the two lots once combined because the lots would not meet the 5 acre zoning requirement. Kelley questioned how many acres are necessary in order to have a guest house. • 7 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 ( #6) 2364 John Serena, 4607 Watertown Road - continued Van Zomeren reported ten acres are necessary, with an addition to the findings that the zoning codes allow accessory structures where there isn't a density requirement. This structure is classified as a pool house, but is listed on the conditional use permit application form as a guest house. Mayor Jabbour suggested the term guest house be deleted to avoid confusion and classify it as an accessory structure. Goetten noted she did not have a problem with deletion of the term guest house. Van Zomeren stated she will amend the resolution to reflect that change. Goetten moved, Flint seconded, to adopt Resolution No. 4100, A Resolution Granting a Conditional Use Permit for John and Joan Serena, 4607 Watertown Road, with the resolution being amended to reflect pool house instead of guest house. VOTE: Ayes 4, Nays 0. 0 ( #7) 2383 CHRISTINE AND GARY VALERIUS, 3750 BAYSIDE ROAD PRELIMINARY CLASS II SUBDIVISION - RESOLUTION NO. 4101 . Christine and Gary Valerius were present. Van Zomeren stated this application is proposing a two lot division that includes creating one new lot, with a wetland credit and lot width variance being required for Lot 1. City Council reviewed the sketch plan previously. The property is zoned LR -lA in the front portion of the property with the remainder being located in the RR -lA zoning district, but for purposes of this subdivision, only the LR -lA requirements apply. The property consists of 4.51 total acres, with 3.31 acres dry buildable and 1.2 acres in wetland. The Applicants are proposing to create a new building site on Lot 1, which meets all of the LR -lA zoning requirements with the exception of the lot width requirement. The surveyor calculated the lot width at the 50' setback without the easement to be 151' and with the driveway easement to be 181'. A variance is needed because 200' is not available at the front property line nor the 50' front setback line. The Planning Commission did recommend that the lot width variance be granted as well as a wetland credit. • 11 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 ( #7) 2383 Christine and Gary Valerius, 3750 Bayside Road - continued The Resolution grants the subdivision with the lot width variance conditioned upon certain items being submitted before final plat approval as well as a wetland credit. Goetten indicated she was in favor of this application. Kelley stated he is against this subdivision because he thinks this application is being approved based upon a technicality in the ordinance and not on a proven hardship. Flint expressed concern over the possibility of two driveways contained within the subdivision and the dual entryways on County Road 84. Christine Valerius stated she has spoken with Dave Zetterstrom from Hennepin County who informed her that Lot 1 may be served by a new driveway from Bayside Road or to keep the private driveway going to Lot 2, which would be their choice. • Mayor Jabbour recommended keeping the existing curb cut and not adding to it. Flint suggested adding the condition that driveway access would be the existing common driveway serving the other two houses to the west with the newly created lot sharing the same driveway access to avoid additional hardcover. r7J Kelley questioned why the City Council should pass this application. Flint noted that the Applicant was requesting this subdivision before the City Council passed the new wetland credit ordinance. Goetten commented the City Council has passed applications similar to this one in the past. Goetten moved, Flint seconded to approve Application 2368 and adopt Resolution #4101, a Resolution Granting Preliminary Approval of a Class III Subdivision and Wetland Credit and Lot Width Variance for Property Located at 3750 Bayside Road, with the inclusion of language in the Resolution restricting driveway access to the present driveway. VOTE: Ayes 3, Nays 1, Kelley opposed. E ORONO CITY COUNCIL MEETING • MINUTES FOR JUNE 22,1998 ( * #8) RICHARD AND MARIE BROWN, 2685 SHADYWOOD ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4102 Goetten moved, Kelley seconded, to approve Resolution No. 4102 granting a conditional use permit to allow repair work to level an existing boathouse by replacing structural support posts on the property located at 2685 Shadywood Road. VOTE: Ayes 4, Nays 0. ( #9) 2377 JOHN CHENOWETH, 3850 SHORELINE DRIVE - FINDING OF SUBSTANTIALLY SIMILAR USE /COMMERCIAL SITE PLAN REVIEW John Chenoweth was present. Van Zomeren stated the Applicant intends to purchase the property at 3850 Shoreline Drive which is presently being operated as Bay Furniture. The Applicant wishes to continue to operate a furniture and accessory store but has raised concerns about the restrictive nature of the B -5 zoning district which he would like addressed in the future. The Applicant is required to submit a landscaping plan, restripe the parking lot, and comply with the signage ordinance. Van Zomeren noted she did not find any previously prepared resolutions fora • commercial site plan and finding of substantially similar use, so a resolution has not been prepared at this time. Kelley inquired why the Applicant needed to submit an application when the conditional use permit continues with the property. Van Zomeren stated the code presently reads gallery and has not been amended to read furniture store. The Applicant wanted to ensure that the City Council would not be opposed to the continued operation of a furniture store with the addition of home accessories at that location. Chenoweth stated the zoning district should be updated to accommodate other businesses that are compatible with the neighborhood. He expressed concern about future uses if the current business doesn't succeed. Mayor Jabbour commented the Applicant needs to realize the restrictive nature of the B -5 zoning district before he purchases the property, noting that the City Council is not prepared to make major changes to that zoning district. 10 • • ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 ( #9) 2377 John Chenoweth, 3850 Shoreline Drive - continued Chenoweth inquired when the Council could address the possible modification of the zoning district, and suggested the City Council put the matter on their October agenda. Van Zomeren stated the City is not in a position at this time to consider this matter in the near future, but Staff will work with the Applicant on his concerns regarding the zoning. Tom Radio, City Attorney, stated the Applicant is paying for the zoning that is currently on that property, and presumably he is paying an appropriate price for the restricted zoning with the City not denying him any reasonable value for that property. Mayor Jabbour remarked the City Council is ready to state that the furniture store is appropriate for that zoning district and will allow it to continue in the future, but is not in a position at this time to address other possible uses for that property. Flint moved, Goetten seconded, to approve Application 2377, Finding of Substantially Similar Use and approval of the commercial site plan for property . located at 3850 Shoreline Drive subject to the recommendations of City Staff. VOTE: Ayes 4, Nays 0. • ( 910) WILLIAM MERNIK,1840 LAKEVIEW TERRACE - VARIANCE - RESOLUTION NO. 4103 William Mernik was present. Flint stated he is in favor of the application, but inquired whether the ordinance specifies any certain materials that the fence should be constructed of. Gaffron responded that there were no requirements for fence materials. _ Flint moved, Goetten seconded, to approve Application 2378 and adopt Resolution #4103, a Resolution Granting a Variance to Municipal Zoning Code Section 10.03, Subd. 15 (C) and (D). No vote taken. Kelley inquired why the City was allowing the variance to the 3 1/2 foot fence. Goetten noted the property is situated on a county road and should get special consideration. 11 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 ( #10) William Mernik,1840 Lakeview Terrace - continued Kelley remarked the fence will be constructed around the entire property and expressed concerns that his neighbors might decide to erect a fence also, and the neighborhood would get boxed in. Kelley stated the City may be setting a dangerous precedent. William Memik, Applicant, stated the fence will be hidden by landscaping on two sides with Sixth Avenue North on another. Mernik stated he was erecting the fence to prevent his children from wandering away from his yard, and felt that a 3 1/2 foot fence was too low and could be climbed over easily. Mayor Jabbour inquired what the fence ordinance permits. Van Zomeren stated that properties are allowed fences to be six feet high in rear and side yards. In front yards the height restriction is 3 1/2 feet. The yard along Sixth Avenue North is considered a front yard because it is a through lot. Therefore, to construct a fence higher than 3 1/2 feet, a variance is needed. Gaffron stated a six foot fence is also allowed on a lakeshore lot with a six foot fence being permitted if it is outside the 50 foot setback from the road. Mayor Jabbour noted a variance is only needed to construct the 4 foot fence on Sixth Avenue North, with the other portion of the fence being permitted as long as it is 50 feet from the road. If the fence is constructed within the setbacks, only 3 1/2 feet is allowed. Gaffron stated a six foot fence is allowed as long as it is 50 feet back from the street. Kelley inquired what the hardship would be if the fence was constructed 50 feet back from the road. _ Goetten stated if the fence was constructed 50 feet back from the road on all sides, the Applicant would not be left with much property located inside the fence which would constitute a hardship. Radio stated the City Council needs to determine if reasonable use of the property can be made without a variance. The Applicant would lose one -half of the property in the back if the fence was constructed outside the 50 foot setback. 12 • • ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 ( #10) William Mernik,1840 Lakeview Terrace -,continued Kelley remarked that perhaps the ordinance needs to be reviewed and revised. Jabbour moved, Goetten seconded, to approve Application 2378 and adopt Resolution #4103, a Resolution Granting a Variance to Municipal Zoning Code Section 10.03, Subd. 15 (C) and (D) to allow construction of a 4 foot high fence along County Road 6 for the property located at 1840 Lakeview Terrace. VOTE: Ayes 4, Nays 0. ( * #11) DEBORAH M. SHOLL, 4100 WATERTOWN ROAD - VARIANCE - RESOLUTION NO. 4104 Goetten moved, Kelley seconded, to approve Resolution No. 4104 granting a variance to permit an amendment to a variance for front yard setback to allow construction of a three season porch on the property located at 4100 Watertown Road. VOTE: Ayes 4, Nays 0. . ( #12) 2361 WILLIAM AND LAWAYNE YAEGER, 310 BIG ISLAND - VARIANCES Mr. and Mrs. Yaeger were present. Gaffron stated the Applicants are requesting a lot area variance and City designation of Lot 64 as an independent record lot in the RS District. Gaffron noted Record Lot 15 was originally made up of six separate tax parcels owned by Roy Ahern with no requirement by the City to legally combine the lots. Ahern subsequently sold five lots to Fames and one lot to Yaegers. The Applicants are proposing to acquire Lot 65 for legal combination with Lot 64, which the Yaegers currently own, to be henceforth designated as Record Lot 15. No new record lots would be created. The Planning Commission and City Staff agree with this proposal. _ Mayor Jabbour excused.himself from the matter due to a potential conflict of interest. Gaffron stated the second part of this application deals with a request for after - the -fact variances to lakeshore setback, side setback and hardcover for construction of a new seasonal cabin to replace a pre- existing seasonal cabin on the property and a side setback variance for a gazebo. As an alternative, the Applicants have indicated they will move the cabin to meet the 75 foot setback and ten foot side setbacks once Lot 65 is acquired. • 13 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 ( #12) 2361 William and LaWayne Yaeger, 310 Big Island - continued William Yaeger, Applicant, stated Lot 65 has not been acquired as of yet, but will be purchased upon approval of application. Gaffron noted no resolution has been prepared for this application, citing a desire to get City Council approval on this concept before proceeding further. Kelley noted he is in favor of this proposal. Flint stated he also is in agreement with the proposal and suggested conceptual approval be given. Flint moved, Kelley seconded to conceptually approve Application 2361 as recommended by the Planning Commission, with the redesignation of Lots 64 and 65 to Record Lot 15, and directed City Staff to prepare a resolution for review at the next City Council meeting. VOTE: Ayes 3, Nays 0. Gaffron stated the other issues could be dealt with in the future. 0 Tom Radio, City Attorney, noted the conceptual motion is non - binding on the Council and • the City Council is permitted to make changes in the future. Yaeger stated he understands the motion. ( #13) KELLY COVE JOINT USE DOCK LICENSE - REVISION The Applicant was not present. Kelley moved, Goetten seconded to table the matter. VOTE: Ayes 4, Nays 0. ( #14) SCHEDULE WORK SESSION - HOME OCCUPATION ZONING ORDINANCE Van Zomeren inquired whether the City Council wished to discuss this matter now or wait until the work session. It was the consensus of the City Council to discuss this matter at the work session. Moorse stated a workshop has been scheduled for June 29th at 5:30 p.m. 14 C� J E ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 MAYOR/COUNCIL REPORT Mayor Jabbour stated it was suggested that the Minnehaha Creek Watershed District be divided into an upper/lower district. Mayor Jabbour noted that a meeting has been scheduled for this Wednesday to discuss this matter with 21 cities invited to participate. Mayor Jabbour stated the City will remove the dirt pile on Woodhill Avenue and will install a rope instead to permit emergency vehicle access. Flint commented that he feels there is a misconception that the City Council is not doing anything, noting that the Woodhill Country Club needs to apply for a change in their conditional use permit if they wish the City Council to take action. Moorse stated the speed limit on Country Road 15 will not be lowered back down to 35 mph in the area of Woodhill Road. There has been good cooperation with the County with large signs and barricades moved to provide better sight lines. Goetten expressed concern that MnDot was not taking appropriate steps to protect the workers on the highway. Moorse stated off -duty police officers are being hired by the Woodhill Country Club to direct traffic for major events but it is difficult for officers to do speed enforcement in that area due to a lack of sites for police to park. Orono is currently working with Wayzata to help enforce the speed limit in that area. Goetten commented Woodhill is not the only road with access problems, noting that the County is not willing to install a traffic control signal in the area. Goetten recommended future consideration be given to that issue. Flint suggested a signal light also be installed at County Road 51 and County Road 15. Mayor Jabbour stated the County should be asked to review that situation. Kelley commented as far as the Westonka Community Center Facility is concerned, the City of Orono should delay contributing financially to the facility, but feels there should be someone on the board to represent Orono. Goetten stated she would like more information regarding the facility before a determination is made. 15 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 Mayor /Council Report -continued Kelley remarked that increases for the Long Lake Fire Department pension plan were approved without City Council approval, noting that 80% of the budget is derived from Orono, and suggested that the Fire Department notify the City Council before future financial decisions are finalized. Mayor Jabbour suggested that perhaps the City Council should meet with the Long Lake City Council to discuss financial issues related to both the Police and Fire Departments. Kelley suggested that a prioritized list be comprised by the City Administrator every two weeks with the current projects being listed along with a time schedule to help the City Council keep current on the projects and to ensure that future needs are being addressed adequately. Goetten indicated she would like to be updated at least once a month on the various street improvement projects that are currently underway. Gappa indicated he could have the Public Works Department review traffic counts on County Road 15 to determine if traffic lights are warranted. Kellogg noted that County Road 15 should remain at the same elevation as previously, with the County Road 6 project on schedule. Concerning Ferndale, Plymouth has drafted an agreement which will be discussed at the meeting on June 29th. ENGINEER REPORT Mayor Jabbour inquired about the status of the Edgewood Hills sewer project. Kellogg stated the project, particularly the directional borings, is being rebid. CITY ADMINISTRATOR'S REPORT ( #15) ROBERT AND JULIE HANNING - REQUEST FOR AN AGREEMENT RELATED TO A FUTURE SUBDIVISION AT 4220 SIXTH AVENUE NORTH Moorse stated the Hannings had expressed concern that the County Road 6 project would reduce the area of their property below the amount needed to be able to create a second lot in the future because of the right -of -way acquisition. The Council had previously indicated that it would consider entering into an agreement with the Hannings to maintain the ability to create a second lot if the lot area was reduced below the required amount. 16 0 0 • ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 (#15) Robert and Julie Hanning - Request for an Agreement Related to a Future Subdivision at 4220 Sixth Avenue North - continued City Staff has reviewed the property both before and after the acquisition of the County Road 6 right -of -way, and has determined that the property includes ten plus acres of dry buildable land. The Hannings have indicated a concern regarding the configuration of the possible new lot because of the location of the existing residence. Moorse expressed concern that if a lot area variance by agreement is granted, no public input will be allowed, and since the City is not a direct parry to this condemnation procedure, Moorse questioned whether the City is legally able to enter into such an agreement. Tom Radio stated the agreement would attempt to bind future City Councils and current law prohibits that because it does not allow for due process. Radio commented the City Council is limited in its ability to give the Hannings much relief. Mrs. Hanning stated no variance is being requested at this time. Mayor Jabbour noted the Hannings were offered $12,000 for the right -of -way. Due to the amount of land remaining after the right -of -way acquisition, which does allow for two lots but with an undesirable configuration, it was the feeling of Mayor Jabbour that the Hannings have lost more than just the land in the right -of -way. Radio commented the Hannings should take the worst case scenario and present it to the County, which would be that the City Council would not grant a variance. Mrs. Hanning stated she would like the City to grant a contractual variance to them or go on record saying that a variance will be denied. Mayor Jabbour commented the City Council was under the impression the last time this matter was discussed that one lot would become unbuildable after the right -of -way acquisition, which is not the case now. Flint suggested the City Council could grant conceptual approval which would not be binding on future action by the City Council. Radio cautioned against such action. Kelley suggested the City take no action. 17 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 ( #I5) Robert and Julie Hanning - Request for an Agreement Related to a Future Subdivision at 4220 Sixth Avenue North - continued Gaffron suggested the Hannings file an application and get an answer before the hearing on September 23rd. Mrs. Hanning stated she would like some action by the City Council on this matter. Radio noted a motion was not necessary or appropriate at this time. Mayor Jabbour directed City Staff to draft a letter to the Hannings stating the facts, noting that the property line for the second lot is undesirable according to Orono ordinances and causes other concerns for the first lot. ( #16) REVISED RESOLUTION REGARDING THE RELEASE OF THE TAX FORFEITED PARCEL AT 1960 SHORELINE DRIVE - RESOLUTION NO. 4105 Moorse stated the resolution has been amended regarding the release of the tax forfeited parcel at 1960 Shoreline Drive to reflect the City Council's wishes that the outstanding special assessments on the property be waived and that the tax forfeited parcel be allowed to remain a separate parcel, subject to a covenant being placed on the parcel prohibiting the parcel from being a buildable lot. Mayor Jabbour expressed concern that the building should be condemned and torn down due to public safety issues. Kelley indicated he also was in favor of that. Gaffron noted the petroleum tanks were removed 10 or 15 years ago. Kelley inquired what impact this has had on the sewer in the area. Mayor Jabbour stated the sewer was disconnected and capped on behalf of the owner. Tom Radio recommended the City Council add the condition that the property owner waive any right to object to a hazardous building procedure with the costs being assessed against the property owner. Flint commented that it should be made clear that the City is not condemning the land but the building. Goetten stated she would be in favor of condemning the building but not the land. 18 Ll • ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 ( #16) Revised Resolution Regarding the Release of the Tax Forfeited Parcel at 1960 Shoreline Drive - continued Major Jabbour moved, Goetten seconded, to approve Resolution #4105, a Resolution Allowing Tax Forfeited Land at 1960 Shoreline Drive to be Released for Private Sale to Adjacent Owners. VOTE: Ayes 4, Nays 0. Mayor Jabbour moved, Kelley seconded, to direct City Staff to contact the property owner requesting that he waive his right to object to a hazardous building procedure and allow the building to be torn down with the costs associated with the removal being assessed against the property. If the property owner objects to this, City Staff is directed to bring the matter before the City Council at the July 13 meeting. VOTE: Ayes 4, Nays 0. ( * #17) LOCAL PERFORMANCE AID CERTIFICATION - RESOLUTION NO. 4105 Goetten moved, Kelley seconded, to authorize the Mayor and one Council Member to sign the Certification of Local Performance Aid payable in 1999. VOTE: Ayes 4, • Nays 0. ( #18) SCHEDULING OF WORK SESSION • Goetten stated a work session needs to be scheduled between the Orono Highway 12 Design Review Committee and the City Council to discuss the status of the Highway 12 preliminary design process and obtain direction from the City Council. Goetten commented a decision on the preliminary design process was to have been made in June but no decision may be forthcoming until September. Moorse suggested July 7th be scheduled for the work session. ( * #19) LICENSES There were no licenses. ( * #20) BILLS Goetten moved, Kelley seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. WE ORONO CITY COUNCIL MEETING _ • MINUTES FOR JUNE 22,1998 CITY ATTORNEY'S REPORT Attorney Radio requested an Executive Session to discuss Application #2308 based on attorney /client privilege. ADJOURNMENT Mayor Jabbour moved, Flint seconded, to adjourn the meeting at 10:28 p.m. FIN 6 11113 6 Linda S. Vee, City Clerk Gabri Jabbour, Mayor 0 20