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HomeMy WebLinkAbout07-13-1998 Council Minutes10 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 13,1998 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaf&on, Planner /Zoning Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, City Engineer Tom Kellogg and Recorder Jamie Gemar. Mayor Jabbour called the meeting to order at 7:00 p.m. CONSENT AGENDA ( #1) APPROVE /AMEND Items 4, 11, 12, and 14 were added to the Consent Agenda. Item 17 was removed from the consent agenda. Peterson moved, Goetten seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. • APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF JUNE 22,1998 Peterson moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of June 22, 1998. Vote: Ayes 5, Nays 0. ( * #3) SPECIAL MEETING OF JUNE 29,1998 Peterson moved, Goetten seconded, to approve the Minutes of the Special City Council Meeting of June 29, 1998. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Park Commissioner Susan Wilson was present. Wilson stated that during a meeting with a neighborhood group for Dickey Park, they came up with some informal ideas. The Park Commission would now like to request that Dahlgren Shardlow Uban provide a couple of designs for Dickey Park to the City. Shardlow designed French Creek Preserve which was successful. Mayor Jabbour questioned if the American Indians had been consulted. Wilson stated that Sherokee Isle had met with them, and basically discussed names. Mayor Jabbour asked if there was any part of the park that is of significant importance to the American Indians which they wish not to be • disturbed. Wilson stated this was not proposed as an active park, but mostly for landscaping. Kelley moved, Flint seconded, to authorize the Park Board to spend up to $1,000.00 for plans. Vote: 5 Ayes, 0 Nays. 1 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 13,1998 PLANNING COMMISSION COMMENTS William Stoddard of the Planning Commission had no comments. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT ( *#4) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - PRD & CLASS III PRELIMINARY SUBDIVISION The Brook Park Realty application had been tabled at the June 29, 1998 regular City Council meeting due to the initiation of litigation by the applicant. There was no action taken at the July 13, 1998 meeting due to continuing litigation. ( #5) #2358 RANDY & . MARIE STAFFANSON, POINT ROAD - VARIANCE - RESOLUTION #4108 • Marie Staffanson was present. Van Zomeren stated the application is to construct a new 24'x26' garage in the same location as the old garage which was destroyed by fire. The applicant is requesting a 6.16' side yard setback from the property line, and also to allow a 31.75% hardcover variance in the 75 -250' setback area to restore the garage. Staff renotified the neighborhood, as directed by Council, and received no comments. Staffanson had no comment. Kelley moved, Peterson seconded, to adopt Resolution #4108 granting variances to Municipal Zoning Code Section 10.24, Subd. 5 (B) and Section 10.22, Subd. 2 to allow construction of a new 24'x26' garage in the same location as the previous garage that was destroyed by fire for the property located at 1422 Park Drive. Vote: Ayes 5, Nays 0. 2 • 0 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 13,1998 ( #6) #2361 WILLIAM AND LaWAYNE YAEGER. 310 BIG ISLAND - VARIANCES - RESOLUTION #4109 Mr. and Mrs. Yaeger were present. Kelley moved, Flint seconded, to adopt Resolution # 4109 granting approval for the redesignation of Lots 64 and 65 to Record Lot 15. Vote: Ayes 4, Nays 0. Mayor Jabbour abstained. ( #'n #2380 BRUCE SCHMIDT on behalf of RICHARD AND KATHY KYLE, 1140 TONKAWA ROAD - VARIANCE - RESOLUTION #4110 Bruce Schmidt was present on behalf of Richard and Kathy Kyle. Kelley questioned when the home was originally built and when the hardcover closest to the lake was put in. Mr. Schmidt replied that the home was built in the 50's, and he was unsure when the hardcover was • added. Goetten stated that even though hardcover is being removed, she was concerned about 25% hardcover in the 0 -75' where the City allows 0 %. Mayor Jabbour questioned the last documentation the City had on the property to show what was originally conforming or not conforming. Mayor Jabbour expressed concern for trading hardcover that was not legally allowed in the beginning for a second story structure. Kelley was also concerned with adding more mass (the bulk of the second story addition). He also questioned if the "all rock" area to the south of the garage was to be removed. Van Zomeren noted that it was not shown as being removed. Flint requested that the application be tabled until later in the meeting to give staff an opportunity to provide additional information. Resumed after discussion of item # 9 0 3 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 13,1998 ( #7) #2380 Bruce Schmidt on Behalf of Richard and Kathy Kyle, 1140 Tonkawa Road - continued Van Zomeren reported she had found a survey dated 1960 in the City files which does not help in determining hardcover. Permit records show that in 1982 a 22'x34' garage section was added with no additional hardcover calculations done. In 1987, a final inspection notice indicated that everything was fine, and owner was to contact the City regarding deck construction. She was unsure which deck was referenced as there was no drawing. In May, 1987 a letter was written to Mr. Kyle indicating that a deck had been constructed without a permit. There is no indication of any follow - up. The garage was added with permits. In 1992, bedrooms were added above the garage with no variances required. It is unclear which deck was built in 1987 without a permit, and what happened to the deck. Mayor Jabbour stated that he assumed that if the City corresponded with Kyle, Kyle would have responded to the City and taken care of the deck. Van Zomeren noted that they are taking out part of a deck, but the deck off the second floor is probably not the deck in question. Mayor Jabbour questioned if the "all rock" area behind the garage will be removed. Van Zomeren stated that they are willing to remove all of the gravel driveway, which is approximately 1,000 s.f. Mayor Jabbour moved, Goetten seconded, to adopt Resolution #4110 to permit a second story addition to the existing residence with the revision of hardcover percentages to reflect the elimination of the rock driveway. Vote: Ayes 5, Nays 0. The Council directed staff to develop options for controlling the height of structures to address concerns regarding increased massing of structures on the lakeshore. ( #8) JOINT USE DOCK LICENSES - RESOLUTIONS #4111 THROUGH #4120 9 Kelley moved, Peterson seconded, to adopt Resolutions #4111 through #4120, directing Staff to issue joint use dock licenses to Big Island Inc., Board of Governors for Big Island Veteran's Camp, Forest Arms Country Club Addition Homeowners Association Inc., Fog Hill Homeowners Association, Minnetonka Power Squadron, 3155 North Shore Drive /3185 North Shore Drive /1406 Bohns Point Road, Pheasant Lawn Homeowners Association, Sandy Beach Place, 460/500/550 Tonkawa Road, and Walters Port Maintenance and Improvement Association for the period of January 1, 1998 to December 31, 1998. Vote: Ayes 4, Nays 0. • Mayor Jabbour abstained. 4 9 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 13,1998 ( #9) KELLY COVE HOMEOWNERS ASSOCIATION - JOINT USE DOCK LICENSE Austin Evans of 2497 Kelly Avenue and John Kupfer of 2503 Kelly Avenue were present for this application. Gaffron reported that since about 1979 the Navarre Cove Homeowners Association, which is comprised of six twinhome units, has shared docks located on Outlot A of the Subdivision of Navarre Cove. There is a total of six slips on three docks, which have been approved since 1979. Recently the City Council approved the demolition of the duplex at 2505/2507 Kelly Avenue, which would continue to use their docks on Outlot A. The property owner is attempting to sell this lot as a single family lot. If successful, the joint dock for the other 4 duplex units could be relocated to the commons outlot. Then Outlot A could become legally combined with Lot 3 of Navarre Cove and become a single family dock system. The four units of duplexes are then totally separated from the single family residence. This proposal would be to put in a four slip dock system on Outlot A, Kelly Cove. Gaffron stated he had talked with the LMCD and they have no objections. Outlot A, Kelly Cove has in excess of 200' along the shoreline which would allow 4 slips, when the standard is 50' per slip. Staff recommends approval to allow the conversion of a six unit joint use dock to a • four unit joint use dock design, and to approve the location as proposed on Outlot A, Kelly Cove, along with some Code options. The joint use dock license standards allow Council to call a public hearing if Council feels it is appropriate, especially if Council feels there is a possible negative impact on the lagoon. The property owners have talked with neighbors. In staff s opinion, the proposed dock location will have little, if any, impact on the use of the lagoon. Staff requested further direction from Council to draft the appropriate resolution. Evans stated that this area was originally platted with a wetland easement, but is not wetlands. Mayor Jabbour voiced his frustration at being asked to change the Zoning Code to accommodate the duplex at 2505/2507 Kelly Avenue, and now single family residential is being considered. Jabbour noted there are restrictions on the size and location of boats in the outlot. Mayor Jabbour suggested staff work within the parameters of the outlot and transfer the covenant to Outlot A, Kelly Cove. He also suggested a development agreement with the owner of 2505/2507 Kelly Avenue (Mr. Hoyt) that would indicate no further duplex rights would be allowed, with the property to be used as single family residential. Evans stated that he was present to apply for four dock uses on Outlot A, Kelly Cove and felt it unfortunate that Mr. Hoyt was not in attendance to represent his own issues. is ORONO CITY COUNCIL MEETING MINUTES FOR JULY 13,1998 ( 0) Kelly Cove Homeowners Association - Joint Use Dock License - continued Mayor Jabbour stated he remembered Dan Lindsey and former Mayor Brad VanNest having a lengthy argument over limiting the amount of activity in the lagoon. Kelley questioned if there is a covenant that limits the number and the size of boats. Mayor Jabbour replied that there is a covenant on the Outlot A, Navarre Cove that limits the number of boats, and the boat size is limited by setbacks. For the first 50', a 10' setback is required from each side. Mayor Jabbour questioned the size of Outlot A, Navarre Cove. Gaffron replied that it is exactly 80' in width. Mayor Jabbour stated that 6 boats could be located within 40' if you go 100' out from the property. 0 Kelley questioned why the Kelly Cove owners couldn't apply to the LMCD for a private dock on their outlot. Mayor Jabbour replied they could, and the LMCD could issue a dock license without coming to the City Council. Mayor Jabbour felt that the duplex properties had an agreement with the City that all activities would happen within Outlot A, Navarre Cove. • Gaffron agreed with Mayor Jabbour regarding the activities, but was unaware of a covenant. Mayor Jabbour questioned why the outlot did not go all the way to the corner. Gaffron responded that only 10' from the side is required since they are not going to be out 100'. Kelley questioned if there is an easement to Outlot A, Navarre Cove. He also questioned is the resolution creating Outlot A, Kelly Cove prohibited direct access to the lake. Gaffron concurred with Kelley that all six units are required to use the docks on Outlot A, Navarre Cove. He felt the City had the right, as part of the licensing, to limit the boat slip dimensions. Kelley inquired how many boats were currently in the lagoon, and why the City would want to limit the boat size. Kelley suggested the City abandon Outlot A, Navarre Cove and combine it with Lot 3, Navarre Cove so that a single family home could be built there. Then an outlot could be created on Kelly Cove with limitations. Mayor Jabbour stated that Outlot A, Kelly Cove already existed. 6 0 ORONO CITY COUNCIL MEETING • MINUTES FOR JULY 13,1998 ( #9) Kelly Cove Homeowners Association - Joint Use Dock License - continued Evans explained that there are four pads on Outlot A, Kelly Cove on which the homeowners are applying for a dock permit. Mayor Jabbour felt the City should have a development agreement with the owner of Lot 3, Navarre Cove stating that he will abandon the duplex use of the lot. He also suggested limiting the use to two boats even though he has the right to four boats on the lagoon. He suggested allowing the transfer of the four slips from Outlot A, Navarre Cove to Outlot A, Kelly Cove, providing they will never exceed four. Kelley questioned why Mayor Jabbour felt the owner of 2474 Carman Road, on the other side of the lagoon, should be allowed four docks. Mayor Jabbour responded that the property has more access on the lakeside than the lagoon side. Goetten asked if Lot 1, Navarre Cove had 200' of lakeshore if four boats would be allowed. Gaffron replied there was 120 -130' of shoreline. Because of LMCD rules, Lot 1, Navarre Cove is a conforming lot. Kelley questioned why the City could limit one homeowner and not another in the • lagoon. 0 Mayor Jabbour replied that only six very small boats are allowed as part of the subdivision that was done with a former Council. Mayor Jabbour felt that Van Nest wanted to keep the lagoon undisturbed as a unique habitat. Kelley questioned again why the City wouldn't limit the other homeowners in the lagoon as well. Mayor Jabbour replied because the other homeowners are not asking for anything. People are renting slips all over the lake, and Van Nest was afraid with the duplexes that they would become rented out. The LMCD allows rental of docks, but the Orono Code does not allow dock rental. An owner could have up to two boats belonging to anyone, and up to four boats provided they are registered to the owner. Goetten questioned the width of the lagoon. Gaffron replied that the lagoon was 50' or 60' at the widest part. Mayor Jabbour questioned the width of Outlot A, Kelly Cove. Gaffron stated it is roughly 205'. Kelly felt that the City needs to contact the owner of 2505/2507 Kelly Avenue. Kelley didn't think a public hearing was necessary, but felt the owners in the lagoon needed to be notified, to be given an option to speak before any changes were made. F ORONO CITY COUNCIL MEETING MINUTES FOR JULY 13,1998 ( #9) Kelly Cove Homeowners Association - Joint Use Dock License - continued Mayor Jabbour asked for some consensus before a public hearing would be called. He asked if the possibility of a duplex on Lot 3, Navarre Cove be eliminated. Kelley added that Outlot A, Navarre Cove should also be combined with Lot 3. Mayor Jabbour asked Evans if he could obtain an agreement from the owner of Lot 3, Navarre Cove, to surrender his right to have a duplex and to combine the outlot with Lot 3. Evans replied he has a verbal agreement in which Outlot A would be extinguished, conditioned upon obtaining four dock slips on Outlot A, Kelly Cove. Kelly moved, Goetten seconded, to table Joint Use Dock Relocation for Navarre Cove until staff has further discussions with the current owner of Lot 3, Navarre Cove. Vote: 5 Ayes, 0 Nays. 0 Goetten questioned if the City needed to hold a public hearing. Barrett replied that it was at the Council's discretion, and it is a policy question not a statute. Mayor Jabbour concurred that there should be a public hearing, and the neighborhood should be • notified. Kelley stated to the applicants that he was in favor of moving their docks but would like to see Outlot A, Navarre Cove combined with Lot 3, Navarre Cove, and any easement they currently have on Lot 3 be erased. Mayor Jabbour asked who reported to staff that Lot 3 was going to be single family residential. Gaffron replied that he had been told it is being marketed as a single family lot, but has not confirmed the information. Flint asked Mayor Jabbour how a motion could be made to limit the size and number of boats on Outlot A, Kelly Cove if the docks were moved. Kelley replied that because it is a homeowners association, the City may be able to put some stipulations on it. MAYOR/COUNCIL REPORT Mayor Jabbour reported on meetings with Fairview Covenant Church and Hennepin Parks regarding Big Island. Hennepin Parks has been in contact with the American Veterans regarding a joint use of the Veterans Park on Big Island and will include Orono in their meetings. L� 8 0 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 13,1998 Mayor /Council Report - continued Flint reported on the Highway 12 Design Review Committee meeting held Wednesday, July 8. Because of the location of the new Highway 12 Corridor the Wayzata Public Works Maintenance facility will need to be relocated. Flint suggested the City make an offer to the City of Wayzata to allow them to jointly use Orono's Public Works facility. Mayor Jabbour concurred with Flint and added the offer should also be extended to the City of Long Lake. Peterson asked if the site was large enough. Mayor Jabbour replied that the Public Works facility was designed to allow for expansion. Flint moved, Peterson seconded, to make an offer to both the cities of Long Lake and Wayzata of an opportunity to share a maintenance facility at the Orono Public Works facility by expanding the existing facility. Vote: Ayes 5, Nays 0. Peterson questioned if monies from Mn/DOT for the reconstruction of the Public Works facilities for Long Lake and Wayzata would be generated which could help pay for the addition to the Orono facility. • Mayor Jabbour directed Mooise to contact the Long Lake and Wayzata City Administrators, and Mayor Jabbour would contact the Mayors from those two cities. Kelley inquired about the status of the County Road 15 and County Road 6 projects and any concerns from neighbors. Gappa reported that County Road 6 is on schedule and a substantial amount of grading is done. Rock and sand is scheduled to be down on the whole road by the beginning of September and the first coat of pavement down by mid - September. The City had a few calls regarding the difficulty with accesses due to the rain. No complaints were received about grading, but there were some complaints regarding tree removal. Gappa reported numerous complaints regarding County Road 15. Additional surcharge material was needed because they did not get the settlement they expected. In a week or two, when it has settled, they will be hauling the extra surcharge off, which will cause additional traffic complaints with the trucks hauling. • 9 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 13,1998 ENGINEER REPORT ( #10) NAVARRE WATER TREATMENT PLANT UPGRADE A. DECLARE COST to be ASSESSED and ORDER PREPARATION of PROPOSED ASSESSMENT - RESOLUTION #4121 B. SCHEDULE ASSESSMENT HEARING - RESOLUTION #4122 Gappa reported that Shank Constructors was the lowest bidder at $636,600, which is slightly over the feasibility report of $616,600. With two- thirds of the project cost being funded through water rates, the larger commercial users will be paying more through the water rates. Staff is recommending one -third of the project be funded through special assessments in the amount of $350 per unit. Single family homes would have one unit. Commercial properties could have more than one unit. Gappa suggested that commercial users be assessed according to their sewer use, with a cap of 5 units. 0 Mayor Jabbour questioned why the bids would be higher than the feasibility study quote. Engineer Tom Kellogg replied that items amounting to $100,000 were added to the project beyond what was originally in the feasibility report. Mayor Jabbour felt the community needed to be aware of the benefit of the new water treatment • system, and that there would not be a need for private water softeners, which would be a savings for them. Goetten moved, Peterson seconded, to adopt Resolution #4121 declaring the cost to be assessed and ordering preparation of proposed assessment for Navarre Water Treatment Plant rehabilitation, and with the proposed assessment cost to include a maximum commercial assessment of 5 units. Ayes 5, nays 0. Goetten moved, Peterson seconded, to adopt Resolution #4122 scheduling a public hearing for August 10, 1998 at 7:00 p.m. in the Orono Council Chambers on the proposed assessment for the Navarre Water Treatment Plant Rehabilitation Project. Ayes 5, nays 0. ( * #11) REQUEST FOR PAYMENT #7 - BRACKETTS POINT/BAY RIDGE SANITARY SEWER PROJECT Peterson moved, Goetten seconded, to approve Request for Payment #7 to Barbarossa & Sons, . in the amount of $21,648.41, for installation of sanitary sewer improvements in the Bracketts Point/Bay Ridge area. Ayes 5, nays 0. iti'. 0 • ORONO CITY COUNCIL MEETING MINUTES FOR JULY 13,1998 ( * #12) REQUEST FOR PAYMENT #9, NORTH LONG LAKE SANITARY SEWER PROJECT Peterson moved, Goetten seconded, to approve Request for Payment #9 to Barbarossa & Sons, in the amount of $15,111.13, for the installation of sanitary sewer improvements for the North Long Lake Sanitary Sewer Project. Ayes 5, nays 0. CITY ADMINISTRATOR'S REPORT ( #13) PURCHASE OF CIVIL DEFENSE SIRENS Moorse reported on the request for two sirens to be placed in two locations of the City that are not currently covered for emergency notification. The cost of the two rotating sirens with radio activators and installation is $33,338.02. One siren will be located in the Crystal Bay area, and the second near Watertown Road and McCulley Road. Kelley questioned why the siren would be located near the City limits. He suggested a location on Bayside Road. • Moorse stated there is may coverage to the south, but it be possible to move the location farther to Y P the east. Kelley felt it would be better to overlap coverage with Orono citizens than to have the warning reach into another city, unless they want to pay for it. Moorse stated that coverage could be discussed with the City of Independence. Peterson moved, Goetten seconded, to approve the purchase and installation of two emergency warning sirens at a cost of $33,338.02 to be funded by a transfer from General Fund Reserves to the Improvement and Equipment Outlay Fund, and to amend the 1998 budgets. Ayes 5, Nays 0. ( * #14) FEDERAL DISASTER ASSISTANCE - RESOLUTION #4123 Peterson moved, Goetten seconded, to approve Resolution No. 4123 authorizing execution of a sub -grant for federal disaster 1225 -DR MN reimbursement. Ayes 5, nays 0. The meeting was adjourned briefly to allow representatives of the Fairview Covenant Church to review the resolution regarding access to the Saga Hill park area. • 11 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 13,1998 ( #15) SAGE HILL PARK ACCESS - RESOLUTION #4124 Moorse reported on the provision of access to the park area. Fairview Covenant Church is agreeable to an arrangement under which the City would vacate the existing 10' wide alleyway right -of -way that runs through the middle of the Church property in exchange for alternate right -of -way for an access to the park area; and under which the City would have use of the Church property east of County Road 19 for park uses for a period of approximately fifteen years, with the condition that the City maintain the property and overlay the main Church parking lot. The Church has requested the City adopt a resolution setting out its position regarding this arrangement. Barrett stated that if the City was to vacate the alley, they would need a public hearing. In the resolution under "NOW, THEREFORE, BE IT RESOLVED ", the wording "approve the arrangement with the Fairview Covenant Church for the provision of access to the Saga Hill area as outlined above, and does also" should be struck from the resolution. Councilmember Flint indicated the City's first choice for a long -term solution would be the purchase of the Church property. Mayor Jabbour asked Mr. Peterson if the wording in the resolution reflected the arrangement they had discussed together. Mr. Peterson concurred. Mr. Peterson asked whether the neighbors to the east of the proposed access road had been notified • of this plan. Mayor Jabbour indicated that, to this point, no arrangement has been firm enough to warrant notification. Kelley moved, Goetten seconded, to approve Resolution #4124, with the amended language, regarding an arrangement with the Fairview Covenant Church for access to the Saga Hill Park area. Ayes 5, nays 0. Dwight Affeldt expressed concern about a future parking lot in the park being secluded and difficult to police. He asked if there would be police coverage for the parking lot. Mayor Jabbour stated that there would be alternative options for access to the 30 acre parcel for the future. 12 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 13,1998 0 ( *16) LICENSES Peterson moved, Goetten seconded, to approve the following license: Special Event Permit Rick Recker Start from Hackberry Park to Willow Drive, south to Brown Road, north to Orchard Avenue, west to Holbrook Park Corn Days 4 Mile Road Run August 9, 1998 11:00 a.m.- noon Bob Carlson 500 Hunter Pass Parade of Homes September 12 - September 27, 1998 Calvary Memorial Church 2420 Dunwoody Avenue Family Carnival July 24, 1998, 5:00 p.m. 9:00 p.m. • July 25, 1998, 10:00 a.m. - 5:00 p.m. RESIDENTIAL KENNEL Tris Strudle Klohn 4455 North Shore Drive Ayes 5, Nays 0. ( #17) BILLS Peterson moved, Goetten seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. Mayor Jabbour abstained CITY ATTORNEY'S REPORT Attorney Barrett requested an Executive Session to discuss pending litigations. • 13 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 13,1998 ADJOURNMENT Mayor Jabbour moved, Kelley seconded, to adjourn the meeting at 9:00 p.m. ATTEST: Linda S. Vee, City Clerk 14 , Mayor 0 CJ