HomeMy WebLinkAbout08-24-1998 Council Minutes6f, .
ORONO CITY COUNCIL MEETING
AUGUST 24, 1998
ROLL CALL
J
The Council met on the above mentioned date with the following members present: Mayor Gabriel
Jabbour, Council Members J. Diann Goetten, Barbara Peterson, Charles Kelley. Council Member
Richard Flint arrived at 7:02 p.m. Representing Staff were City Administrator Ron Moorse, City
Attorney Tom Barrett, 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 7:00 p.m.
( #1) CONSENT AGENDA
Items 10, 11, 13, 15, 19, 20, 21, 22, 24, and 27 were added to the Consent Agenda.
Kelley moved, Peterson seconded, to approve the Consent Agenda as amended.
VOTE: Ayes 4, Nays 0.
PUBLIC NEARING
• ( #2) EMERGENCY WARNING SIRENS, CONDITIONAL USE PERMIT - RESOLUTION,
7:05 p.m. - 7:15 p.m.
Moorse reviewed his August 20, 1998 memorandum regarding the installation of two additional
emergency warning sirens. The City Council approved waiving review of the CUP by the Planning
Commission and holding the public hearing at the August 24 Council meeting.
Moorse stated the proposed locations of the sirens are the northeast corner of Bederwood Park
adjacent to Stubbs Bay Road and the southwest corner of French Creek Preserve Park adjacent to
the metro sewer lift station.
Goetten inquired why one of the sirens was not being installed in the western part of the City as
had previously been discussed.
Moorse remarked if the siren were installed in the western part of the City, the coverage would
overlap into Independence and not provide the best coverage for the citizens of Orono.
Mayor Jabbour open the item up for public comment.
A citizen inquired how close to Stubbs Bay Road the siren will be installed and whether the siren
could be moved to the northwest corner away from the houses.
Moorse indicated City Staff has taken into account the area the sirens would cover, access to
electrical hookup, and population. Moorse stated the proposed site for the siren was chosen due to
the fact that it will be located on City property and be placed at an elevated height at the top of the
hill away from trees.
is Goetten commented the City Council needs to ensure proper coverage for the City.
Page 1
, !.!
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 24, 1998
(Emergency Warning Sirens, Continued)
•
Mayor Jabbour stated during the last storm people in that area were not warned of the severe
weather, noting the City Council would like to take a pro- active role and install emergency warning
sirens in the appropriate areas to warn citizens of bad weather. Mayor Jabbour remarked City Staff
could review the area and evaluate whether the siren could be relocated to the west somewhat and
still provide the best coverage for that area.
Kelley stated he was in favor of installing the sirens as proposed by City Staff.
Goetten remarked the concerns of the citizens should be addressed, and suggested City Staff review
the location of the sirens before installation.
Mayor Jabbour reminded that one of the reasons for the location at Stubbs Bay Road was the access
to electrical, noting electrical access might not be available if located further west.
It was noted by a citizen in the audience that electrical is available by the ballfield.
Moorse stated the sirens have arrived and are ready to be installed within the next few weeks.
Mayor Jabbour stated in his opinion the sirens are warranted, noting the sirens will only be activated
in severe weather. Mayor Jabbour requested City Staff review the proposed locations of the siren to
ensure that they will provide the best possible coverage available.
Moorse stated the sirens will also be activated the first Wednesday of every month to ensure that
they are functioning correctly. •
Goetten moved, Kelley seconded, to authorize City Staff to install the emergency warning
sirens in the northeast corner of Bederwood Park adjacent to Stubbs Bay Road and the
southwest corner of French Creek Preserve Park adjacent to the Metro sewer lift station
subject to review by City Staff to ensure optimum coverage at these proposed locations.
VOTE: Ayes 5, Nays 0.
PARK COMMISSION COMMENTS
Jim White addressed the City Council regarding issues concerning the Park Commission, noting
improvements are slowly being made to the area parks. White remarked the Park Commission
thinks the Eisinger property will be ideal for a future park, noting other development on that land is
not feasible due to the landfill.
Gappa stated he met with Bonestroo Engineers and Hennepin County last Friday to discuss the Old
Crystal Bay Road bike trail from the City Hall to Baker Park. The trail is planned for bidding this
winter, with construction in 1999.
Flint inquired about the condition of Springhill Park trail.
White stated Erickson was going to walk the site but has not reported back to the Park Commission.
Gappa stated he has spoken with Tom Johnson who reported that work on clearing trees on the
trail has been commenced.
•
Page 2
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 24, 1998
• (Park Commission Comments, Continued)
Flint expressed concerns that this area be reviewed periodically to ensure that this project be
completed.
Gappa stated the City has a letter of credit related to the full Springhill Golf Course project to ensure
that the work is completed.
Mayor Jabbour stated he is in favor of the Springhill project as well as proceeding with the Eisinger
property, and suggested monitoring the property for methane gases.
Kelley commented the School District should be approached as well about park/ballfield use on the
Eisinger property before proceeding much further with the Eisinger property.
Mayor Jabbour inquired whether White would be willing to investigate possible tax credit monies
that could be utilized for this project.
White indicated he would be willing to work on this project with City Staff.
LAKE MINNETONKA CONSERVATION DISTRICT
Lili McMillan addressed the City Council regarding the LCMR application which has been denied.
McMillan stated while no official reason has been given for the denial, possible reasons why the
• application was denied include an open -ended application with no specific site identified, rumors of
dissatisfaction from citizens, and a high funding request of 5 million dollars.
Mayor Jabbour noted there is not strong local support for this project
McMillan stated planning is currently on -going regarding improving the bridge and area by the Grays
Bay Marina. They are in the design phase at the present time.
McMillan stated the LMCD has recently conducted a shoreline count which reflected a decline in
the number of watercraft stored on Lake Minnetonka and are considering conducting a shoreline
count next year to verify the accuracy of the count.
Mayor Jabbour stated in his experience Lake Minnetonka has more boats now than it has had in the
past and in his opinion the count is not accurate.
McMillan stated the LCMD staff conducted the count and she is not aware whether all shorelines
were
counted and should be re- evaluated.
Mayor Jabbour inquired what numbers the LCMD arrived at
McMillan stated the count reflected a 22 percent decline in the number of watercraft stored on Lake
Minnetonka since 1996.
Mayor Jabbour requested McMillan address the LCMD to see whether a zero percent city levy could
be imposed due to the high amount of monies in the reserve.
• McMillan stated she has recommended reducing the levy by using some of the reserves and will
research that further.
Page 3
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 24, 1998
•
(Lake Minnetonka Conservation District, Continued)
Mayor Jabbour stated the LMCD should work more closely with the City in the future.
APPROVAL OF MINUTES
( * #3) REGULAR MEETING OF AUGUST 10, 1998
Kelley moved, Peterson seconded, to approve the minutes of the Regular City Council
meeting of August 10, 1998, as submitted. VOTE: Ayes 4, Nays 0.
PLANNING COMMISSION COMMENTS
Sandra Smith stated she has no comments at this time but would address the City Council if
necessary on Item 26.
PUBLIC COMMENTS
Pam Anderson, 4220 Chippewa Lane, Maple Plain, addressed the City Council regarding concerns
she has about the condition of the road due to the ongoing construction in that area. Anderson
stated after the last rainstorm the road was inaccessible due to the condition of the road. Anderson
remarked she has spoken with Jerry Mortenson, the head engineer on the project, about her •
concerns and was told they would be addressed. To date nothing has been done to improve the
condition of the road.
Gappa stated he has spoken with Mortenson and was told the road was passable at the present time.
Gappa suggested enough rock be stockpiled for a one lane road, which could be hauled in
within a day or two.
Kelley noted the agreement with the contractor required that the road be passable.
Mayor Jabbour stated he is aware of the condition of the road and the Public Works Department
should take action to improve the road.
Gappa stated he will speak with Buffalo Bituminous who has ensured him that the condition of the
road will be improved.
Moorse commented the County should be notified if no action is taken by Wednesday.
Goetten stated she will check with Gappa on Wednesday to see what steps have been taken.
ZONING ADMINISTRATOR'S REPORT
(• #4) #2370 GARY O'KEEFE, 1392 BALDUR PARK ROAD - VARIANCES /CONDITIONAL USE
PERMIT - REVISED RESOLUTION NO. 4143
Kelley moved, Peterson seconded, to approve Application #2370 per Resolution #4143. •
VOTE: Ayes 4, Nays 0.
Page 4
•
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 24, 1998
( #5) #2390 DAVID RAHN, 1385 REST POINT ROAD - VARIANCE - RESOLUTION NO. 4144
David Rahn was present.
Van Zomeren stated the City Council has reviewed this application at its July 27, 1998 meeting and
referred the application back to the Planning Commission for consideration. The Planning
Commission recommended a 22'x 22' garage with sidewalk and driveway as presented at its
August 17, 1998 meeting by a four to two vote.
Van Zomeren stated total hardcover would be 2,482.75 square feet or 31.3 percent, noting the
amount of hardcover in the 0 -75' zone be credited against the hardcover in the 75' -250' setback.
Rahn stated the Planning Commission reduced the garage by two feet, noting he had requested a
22' x 24' garage, which is a reduction of 44 square feet. Rahn questioned the accuracy of the
hardcover figures.
Van Zomeren remarked the hardcover was miscalculated on this application and should be 2,532
square feet instead of the 2,482.75 square feet, because of the size of the garage apron shown.
Kelley questioned whether there might be a need for retaining walls along the slope of the driveway
Goetten suggested a contractor be contacted to look at the property.
Rahn stated if any retaining wall is necessary, it would be along the south side of the driveway, and
• would possibly require a foot and a half high retaining wall, noting he was a contractor for 15 years.
•
Mayor Jabbour stated he has serious problems with this application in that the Applicant was
informed at the time the residence was constructed that his future hardcover was limited. Jabbour
expressed concerns that citizens in the future might construct their residences to the maximum
hardcover limits and come back before the City Council at a later time and request additional
hardcover for a garage because it has been stated that all people in Minnesota deserve a garage.
Rahn stated it was not his intent to mislead the City Council about his plans for a future garage,
noting that his plans all along called for a garage to be built in the future. Rahn commented his
hardcover was not reduced by subtracting the amount in the 0 -75' from the 75-250' area until the last
comment at the last City Council meeting before the Resolution was passed, and he was led to
believe he had 1,000 square feet of available hardcover after the residence was constructed.
Mayor Jabbour stated he was entitled to 25 percent hardcover.
Rahn remarked he understands the City Council's position, but is in need of storage space, noting
the proposed garage is smaller than the minimum standards for an average garage in Minnesota.
Rahn stated his other option would be to construct a buildind pad and build a 20' x 20' storage
building.
Van Zomeren stated the accessory structure cannot exceed the height of the principal structure.
Rahn commented he could construct it without a sidewalk to reduce hardcover.
Page 5
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 24, 1998
( #2390 David Rahn, Continued)
Mayor Jabbour stated the sidewalk is required due to weather concerns. Mayor Jabbour stated when
an item is sent back to the Planning Commission for reconsideration, the views of each member of
the City Council should be relayed to the Planning Commission.
Goetten commented she thought the views of the City Council were clear, noting the minutes of the
meeting might not have been available for review at the Planning Commission meeting.
Flint stated he is not in favor of this application due to what was agreed to the last time in the
resolution.
Mayor Jabbour suggested the Applicant build what he can without a variance.
Goetten noted this is a limited piece of property and the Applicant was requested to work with City
Staff to help resolve this issue.
Rahn stated he would like to build a garage and is willing to reduce hardcover but has been informed
that a sidewalk and a driveway are necessary. Rahn remarked he has spoken with Mike Gaffron and
was told he could construct a 24'x 24' garage facing the street with a 20' long driveway, 16' feet wide,
which is a reduction from what he was proposing originally.
Mayor Jabbour inquired what he could construct to meet the hardcover criteria.
•
Van Zomeren stated he would have 484 square feet available for the garage, 173 square feet for a
driveway, no apron and no sidewalk.
Sandra Smith, Planning Commission Representative, stated he has the option of reducing it to a •
one -car garage.
Kelley stated the garage needs to be located at least 10 feet from the street, noting he is in favor of
a 22'x 22' garage. Kelley stated a mistake was made in not considering the garage at the time of
the original application.
Kelley moved, Goetten seconded, to approve Application #2390,1385 Rest Point Road,
to construct 22'x 22' garage with walkway, driveway and apron as proposed. NO VOTE
TAKEN.
Mayor Jabbour stated he would vote against the application.
Goetten inquired whether the intent of the motion was to rescind what was in the resolution to a
higher hardcover number.
Kelley stated yes.
Rahn noted the 657 square feet was not the number that was discussed at the time the resolution
was passed, but rather 1,000 square feet.
Kelley suggested removing the square feet of the shed to be removed from the total hardcover.
Van Zomeren indicated that has already been done. Van Zomeren stated the Applicant needs 18
feet from the street in order to park a vehicle in the driveway.
Rahn stated he would be willing to reduce the 3 foot apron at the back of the garage down to 1 foot, •
Page 6
•
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 24, 1998
( #2390 David Rahn, Continued)
which would reduce it by 38 square feet, or remove it altogether.
Kelley moved, Goetten seconded, to approve Application #2390,1385 Rest Point Road,
to allow construction of a 22'x 22' garage with walkway, driveway, and apron. VOTE:
Ayes 2, Nays 3, Goetten, Jabbour, and Flint opposed.
Mayor Jabbour moved, Kelley seconded, to approve Application #2390,1385 Rest Point
Road, to allow construction of a 20' x 20' garage, one foot apron, 215 feet of driveway,
and 282 square feet of sidewalk for a total of 769 square feet of additional hardcover. NO
VOTE TAKEN.
Van Zomeren stated in order to comply with the 25 percent, 105 square feet still needs to be
reduced.
Moorse stated the driveway could be narrowed to 20 feet wide.
Rahn asked the City Council for clarification.
Mayor Jabbour stated he could construct a 20'x 20' garage, a 20' wide driveway, one foot apron,
and the sidewalk as drawn in the application.
Mayor Jabbour moved, Kelley seconded, to adopt RESOLUTION NO. 4144 approving
• Application #2390, 1385 Rest Point Road, to allow construction of a 20' x 20' garage, 20' wide
driveway, one foot apron, and sidewalk as drawn in the application. VOTE: Ayes 3, Nays 2,
Goetten and Flint opposed.
( #6) #2391 EVAN ANDERSON, 1260 SPRUCE PLACE - VARIANCE - RESOLUTION NO. 4145
Mr. and Mrs. Anderson were present.
Weinberger stated this application is requesting an after - the -fact variance for hardcover to allow a
patio to remain in the 0 -75' distance from the lake. The patio is replacing a deck that was removed
in the same location. Variances to hardcover are also needed in the 75' -250' lakeshore setback to
allow for the patio and the reconstruction of an old garage. This property is located in the LR -1 B
zoning district and consists of .27 acre.
Planning Commission recommended approval of after - the -fact variances to allow 18.5 percent
hardcover in the 0 -75' lakeshore setback and the 75' -250' setback to remain at 55.3% hardcover,
construction of a 22' by 22' garage which would increase structural coverage to 17.3 percent, and
approval of a side yard adjacent to street setback to allow construction of a garage five feet from the
lot line, and approval of a CUP to allow the replacement of retaining walls after - the -fact.
Mrs. Anderson stated the drawing is inaccurate in that one retaining wall is actually a sidewalk.
Mr. Anderson stated the retaining wafts were reconstructed out of concrete, noting what currently
exists is less than what was there previously.
Mrs. Anderson commented part of the reason for the design of the driveway was to allow the water
• runoff to run down Lake Street, noting their property is the main watershed area for the whole
Page 7
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 24, 1998
is
( #2391 Evan Anderson, Continued)
neighborhood.
Mr. Anderson remarked they have experienced lots of water drainage problems in the past.
Goetten inquired whether vegetation could be utilized to aid in drainage.
Mrs. Anderson stated in her view vegetation would not benefit their situation and the driveway
needs to be elevated to channel the water into the street.
Mayor Jabbour commented Lake Street has problems with water drainage.
Kelley stated he is in favor of the application.
Kelley moved, Flint seconded, to approve Application #2391, 1260 Spruce Place, per
Planning Commission's recommendations, subject to the imposition of double permit
fees, and adopt Resolution #4145. VOTE: Ayes 5, Nays 0.
( #7) #2398 WAYZATA COUNTRY CLUB, 200 WAYZATA BOULEVARD - CONDITIONAL USE
PERMIT /LAND ALTERATION - RESOLUTION NO. 4146
Mr. Oberhauser, Representative of Wayzata Country Club, was present.
Van Zomeren stated the original conditional use permit for this property was issued in 1968. This •
application has been reviewed by the Planning Commission who has recommended approval of the
application. Expansion of the three pond areas will be reviewed after the engineering work has been
submitted and reviewed by Staff and the Planning Commission.
Mr. Oberhauser had no comment.
Goetten moved, Peterson seconded, to approve Application #2398, Wayzata Country Club,
200 Wayzata Boulevard, per Staffs recommendations as outlined in the August 19, 1998
report, and adopt Resolution #4146. VOTE: Ayes 5, Nays 0.
( #8) #2402 GLENN SAUER, 4104 HIGHWOOD ROAD, VARIANCE - RESOLUTION NO. 4147
Mrs. Sauer was present.
Weinberger stated the Applicant is requesting to construct a new 22' by 28' two -stall garage to
replace the existing an 22' by 15' garage that was damaged by a storm in late spring. An existing
178 square foot storage shed will be removed subject to the next garage being built. Hardcover will
remain at 48.4 percent in the 75' -250' where 25 percent is allowed, which will require a variance. A
variance to allow an accessory structure located closer to the road than the principal structure is also
needed as well as a variance to allow encroachment of a structure within the front yard setback. The
new garage would be built in the same location as the existing garage, seven feet from the front lot
line where ten feet is required.
Mrs. Sauer had no comment.
Page 8
E
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 24, 1998
• ( #2402 Glenn Sauer, Continued)
Goetten moved, Flint seconded, to approve Application #2402, 4104 Highwood Road, per
Resolution #4147. VOTE: Ayes 5, Nays 0.
( #9) #2404 OTTEN BROTHERS NURSERY, 2350 WAYZATA BOULEVARD - COMMERCIAL
SITE PLAN REVIEW
The Applicants were not present.
Mayor Jabbour moved, Goetten seconded, to table Application #2404. VOTE: Ayes 5, Nays 0.
Mayor Jabbour stated the adjoining property owners will be notified of the new hearing date.
Van Zomeren requested a 60 day extension be granted since the Applicants were not present, noting
the time limit will expire September 19th.
Tom Barrett, City Attorney, stated the City could request an additional 60 days since the Applicant
was not present.
( " #10) #2407 LANE AND KELLY MOORE, 3438 LIVINGSTON AVENUE - VARIANCES -
RESOLUTION NO. 4148
• Kelley moved, Peterson seconded, to approve Application #2407, 3438 Livingston Avenue,
per Resolution #4148. VOTE: Ayes 4, Nays 0.
r�L
( " #11) #2409 GEDNEY AND EMILY TUTTLE, 1225 SHORELINE DRIVE - VARIANCE -
RESOLUTION NO. 4149
Kelley moved, Peterson seconded, to approve Application #2409,1225 Shoreline Drive,
per Resolution #4149. VOTE: Ayes 4, Nays 0.
('#12) INTERIM USE ORDINANCE - ADOPTION
Kelley moved, Goetten seconded, to table Item #12. NO VOTE TAKEN.
Goetten withdrew her second.
Flint stated he has concerns with the language contained the document, noting the ordinance does
not conform with the language in the statute, and requested further review by City Staff. Flint
commented the criteria for interim use should be spelled out.
Kelley moved, Goetten seconded, to table Item #12. VOTE: Ayes 5, Nays 0.
(Recess taken from 8:58 p.m. - 9:07 p.m.).
Page 9
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 24, 1998
MAYOR /COUNCIL REPORT
Mayor Jabbour stated he is concerned about the impression left on the public that the City Council
holds the view that each resident has a constitutional right to have a garage on their property
regardless of what their hardcover limit is. Mayor Jabbour stated construction of a garage must be
considered at the same time that the application for the residence is considered to avoid problems in
the future.
Van Zomeren suggested the Applicant be required to reserve a certain number in hardcover for a
garage with no variance being granted if the Applicant requests additional hardcover.
Kelley suggested City Staff review this issue.
Van Zomeren stated most other cities do not regulate hardcover.
Mayor Jabbour stated the City Council is trying to accommodate the requests of the Applicants as
best as possible but they are required to follow certain guidelines in granting variances.
Mayor Jabbour reported an individual will be requesting to amend uses in the B -5 zoning district and
the City Council should take a pro- active role in reviewing possible changes to the zoning districts by
revising the Comprehensive Plan rather than acting on a case by case basis.
Moorse stated the B -5 zoning district is treated as a buffer zone and the City Council should be
cautious about expanding the district to accommodate other uses.
0
Mayor Jabbour stated he would like City Staff to continue to review the Comprehensive Plan. is
Flint suggested the City look further down the road when revising the Comprehensive Plan to
accommodate the growing community and the direction the City Council would like the City to take.
Kelley commented the Codes need to be adhered to and spelled out clearly.
Goetten expressed concern over the amount of accidents that have occurred around Orono Orchard
Road and County Road 15 and inquired whether something could be done to help direct traffic onto
County Road 15.
Moorse stated he has spoken with the police chief about additional signage in that area who has
indicated additional signs might cause more confusion due to the amount of signs currently there
with the construction. Moorse indicated concerns on the part of the police chief about the situation
becoming more dangerous if people were out directing traffic in that area. No specific solution was
reached.
Goetten suggested a consultant be hired to look at the situation.
Moorse stated SRF and Bonestroo has been asked to submit proposals for an analysis of this
situation.
Flint suggested MnDot consider adding a Park and Ride on County Road 6 in the future.
Kelley indicated he would be in favor of a park and ride but was unsure whether MnDot would install
one in this area.
Moorse indicated a Park and Ride has been discussed for the East Wayzata Boulevard exchange.
Page 10
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 24, 1998
. (Mayor /Council Report, Continued)
Mayor Jabbour suggested a plan be presented to MnDot and requested City Staff to review this
matter further.
Kelley inquired about the status of the stoplight on Crystal Bay Road and when it will be installed.
Kellogg stated the project has been delayed and will check with MnDot on the status.
Kelley stated he would like an approximate finish date for the project by the end of this week.
Kelley inquired about the status of the Ferndale Road project.
Kellogg stated the preliminary design is completed. The western edge of the new roadway will not
extend beyond the western edges of the existing roadway. Kellogg stated the plan is to execute and
replace one segment of the road base at a time.
Mayor Jabbour suggested the performance criteria regarding keeping the road passable be spelled
out in the bid.
Kelley inquired when the Highway 6 project will be completed.
Gappa stated by the end of September it should be ready for paving.
Mayor Jabbour commented school buses will be driving on the road soon and it should be in good
shape to handle the traffic.
• Kelley inquired whether the City Council should take steps to improve the condition of Lake Street.
Mayor Jabbour noted Lake Street in reality is a fire lane, noting people in the area were opposed to
improvements to the street feeling people would use that road to launch boats into the lake.
Gappa stated some work has been done to improve the condition of the road.
ENGINEER REPORT
( #14) ORDER PREPARATION OF A FEASIBILITY REPORT FOR ORONO ORCHARDS
SANITARY SEWER PROJECT - RESOLUTION NO. 4150
Gappa stated a neighborhood meeting was held where the options available to them were explained
The estimated costs per unit for sewer are approximately $22,000 plus SAC fees of $1050.00 per
unit. Gappa stated every sewer system in the area was non - conforming with some systems failing
and half on holding tanks, with an urgent need to bring these systems into conformance. If sewer
is not installed, half of the properties may need holding tanks.
Gappa stated a petition has been brought by the residents requesting some contribution by the City,
noting the value of the homes in the area range from under $150,000 to over $300,000.
Goetten noted the property owners were opposed to sewer in the past due to the costs associated
with the project, and inquired whether other properties could be included in the project.
• Mayor Jabbour commented the City currently does not have any criteria in place for determining the
amount of contribution by the City based on the value of the home, noting the City has assessed an
Page 11
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 24, 1998
Cl
(Engineer Report, Continued)
amount in the past that they have deemed to be fair and equitable for the benefit received.
Gappa stated the majority of the homes in the area need sewer and have limited possibilities for
septic system replacement, which leaves the City with no other option but to proceed with this
project.
Kelley requested City Staff develop an assessment formula for this project.
Flint inquired whether the project could be extended up to Woodhill by the Country Club.
Kelley stated the Country Club is currently sewered.
Mayor Jabbour stated it is his opinion sewer should not be forced on a property owner unless it is
needed.
Kelley moved, Goetten seconded, to approve Resolution 44150, a Resolution Ordering
Preparation of a Feasibility Report for the Installation of Municipal Sanitary Sewer to Serve
the Orono Orchards Area. VOTE: Ayes 5, Nays 0.
( " #15) SCHEDULE PUBLIC HEARING FOR ORONO ORCHARDS SANITARY SEWER PROJECT
- RESOLUTION NO. 4151
Kelley moved, Peterson seconded, to schedule a public hearing for September 28, 1998,
at 7:00 p.m., for the Orono Orchards Sanitary Sewer Project, per Resolution #4151.
VOTE: Ayes 4, Nays 0.
( #16) ORDER PREPARATION OF A FEASIBILITY REPORT FOR HEAD SANITARY SEWER
PROJECT - RESOLUTION NO. 4152
Gappa reviewed his August 24, 1998 report regarding a request by Doug and Martha Head to obtain
municipal sewer.
Mayor Jabbour recommended they be charged for two SAC units since there are two occupied
residences located at the property, noting that in the past the City has charged a separate sewer unit
for each unit hooked up.
Gappa commented one dwelling is the main residence and the other is a guest house.
Kelley noted both systems are non - conforming, and inquired what their options would be.
Goetten stated they could put in a holding tank.
Kelley recommended advising the Heads that they have the option of installing a holding tank for
one residence and assuming the full cost of the sewer assessment on the other dwelling.
Mayor Jabbour stated both structures should be hooked up to sewer, noting the City needs to be
consistent in what they charge each property owner.
Goetten recommended the City Council not approve this until all other issues are cleared up. 40
Page 12
•
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 24, 1998
(Preparation of Feasibility Report, Continued)
Moorse suggested the City Council allow them to have sewer subject to the Heads entering into a
covenant that the property will not be subdivided in the future.
Barrett stated since a special set of circumstances exist for this property, the City could
negotiate a separate agreement with the property owners to prevent the property from being
subdivided in the future and treat it as a variance.
Mayor Jabbour suggested City Staff draft a document which would prevent future subdivision of this
property.
Kelley raised concerns if the property is sold in the future and the new owner wants to tear down
both structures and construct a new residence, how that would be treated.
Moorse stated only one house could be constructed.
Van Zomeren stated you cannot have two principal structures on one lot.
Mayor Jabbour recommended if two hookups are desired, they should be charged for two units.
Kelley stated the property owners need to bring the sewer into conformance for both structures.
Goetten stated she was not against providing sewer, noting clear language needs to be included
• in the Resolution which would prevent future subdivision of this property.
Mayor Jabbour suggested the City Administrator talk to the Heads to see if they would be agreeable
to the inclusion of the proposed language preventing future subdivision of the property.
Mayor Jabbour moved, Kelley seconded, to approve RESOLUTION NO. 4152, a Resolution
Ordering Preparations of a Feasibility Report for the Installation of Municipal Sanitary
Sewer to Service the Head Property at 2090 Shoreline Drive. VOTE: Ayes 5, Nays 0.
( #17) SCHEDULE PUBLIC HEARING FOR HEAD SANITARY SEWER PROJECT - RESOLUTION
NO. 4153
Gappa noted a public hearing needs to be scheduled to assess the sewer charges.
Mayor Jabbour moved, Kelley seconded, to schedule a public hearing for September 28,
1998, at 7:30 p.m., for the Head Sanitary Sewer Project per Resolution No. #4153.
( #18) APPROVE CONSTRUCTION OF SHORT COURT BASKETBALL COURT AT CRYSTAL
BAY PARK
Goetten inquired how close the basketball court would be to the play equipment located in the park.
Gappa stated the basketball court would be constructed directly north of the post office away from
the play equipment.
• Moorse remarked this is included in the master plan for the park.
Page 13
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 24, 1998
(Short Basketball Court - Crystal Bay Park, Continued)
Flint moved, Kelley seconded, to approve construction of a short court basketball court at
Crystal Bay Park to be funded from March for Parks proceeds and Park Dedication funds.
VOTE: Ayes 5, Nays 0.
( " #19) REQUEST FOR PAYMENT #10 - NORTH LONG LAKE SEWER PROJECT
Kelley moved, Peterson seconded, to approve Payment #10 for the North Long Lake Sewer
Project to Barbarossa & Sons in the amount of $50,199.30. VOTE: Ayes 4, Nays 0.
( " #20) REQUEST FOR PAYMENT #8 - BRACKETTS POINT SEWER PROJECT
Kelley moved, Peterson seconded, to approve Payment #8 for the Bracketts Point/Bay Ridge
Sewer Project to Barbarossa & Sons in the amount of $16,503.69. VOTE: Ayes 4, Nays 0.
( " #21) REQUEST FOR PAYMENT #1 - (SHORELINE) HERITAGE DRIVE SEWER PROJECT
Kelley moved, Peterson seconded, to approve Payment #1 for the Heritage Drive /Shoreline
Sewer Project to G.L. Contracting in the amount of $51,367.36. VOTE: Ayes 4, Nays 0.
•
( " #22) REQUEST TO RECEIVE ADVANCED STATE AID FUNDING - RESOLUTION NO. 4154 •
Kelley moved, Peterson seconded, to approve the request to receive advanced state
aid funding for the Ferndale Road project per Resolution No. #4154. VOTE: Ayes 4, Nays 0.
CITY ADMINISTRATOR'S REPORT
( #23) DESIGNATION OF MCWD LIAISON
Flint volunteered to serve as MCWD Liaison.
Kelley moved, Goetten seconded, to appoint Flint as MCWD Liaison. VOTE: Ayes 5, Nays 0.
( " #24) APPOINTMENT OF 1998 PRIMARY ELECTION JUDGES - RESOLUTION NO. 4155
Kelley moved, Peterson seconded, to approve the appointment of the 1998 primary election
judges per Resolution No. #4155. VOTE: Ayes 4, Nays 0.
( #25) AGREEMENT WITH HENNEPIN COUNTY FOR CITY ASSESSING SERVICES
Goetten moved, Peterson seconded, to approve the two year agreement with Hennepin
County for the provision of assessment services, and to authorize the Mayor, City
Administrator and City Attorney to finalize an agreement with the County. •
VOTE: Ayes 5, Nays 0.
Page 14
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 24, 1998
( #26) REQUEST BY THE PLANNING COMMISSION FOR A JOINT WORK SESSION
REGARDING REVISIONS TO THE INDUSTRIAL DISTRICT CODE
Mayor Jabbour stated in his view a joint work session is needed with the Planning Commission.
Moorse stated they are in the process of studying the industrial district and how their uses should
be limited. City Staff was directed to eliminate any objectionable uses, which has been done.
Moorse stated two property owners were present at the Planning Commission when this item was
discussed.
Kelley commented the City would like the input of the affected property owners.
Mayor Jabbour inquired whether any other issues should be discussed at the joint work session.
Moorse noted the moratorium on future development expires September 15th, and the City Council
may want to extend the moratorium.
Mayor Jabbour recommended extending the moratorium a minimum of 30 or 45 additional days.
Moorse suggested September 23, 1998, at 8:00 a.m., for the joint work session.
Mayor Jabbour directed City Staff to notify the affected property owners of the work session.
0 Flint suggested the City Council may want to consider this as a TIF district.
0
Barrett commented if the zoning is changed, it may make some properties non - conforming.
(` #27) POLICE BICYCLE PURCHASE
Kelley moved, Peterson seconded, to approve the purchase of one police bicycle from
Smith/Wesson for the amount of $799.00, to include lighting for $120.00, for a total of
$919.00, from the Police forfeiture fund. VOTE: Ayes 4, Nays 0.
CITY ATTORNEY'S REPORT
( * #28) LICENSES
Kelley moved, Peterson seconded, to approve the club firearm use permit for Park Gun Club,
3600 Sixth Avenue North. VOTE: Ayes 4, Nays 0.
( * #29) BILLS
Kelley moved, Peterson seconded, to approve payment of the All Funds Account.
VOTE: Ayes 4, Nays 0.
Page 15
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 24, 1998
11
ADJOURNMENT
Kelley moved, Peterson seconded, to adjourn th eeting at 10:45 p.m.
Gabrie b our, ayor '
AXT� T' : JI/
Lind S. Vee, City Clerk
•
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