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HomeMy WebLinkAbout11-09-1998 Council Minutes3 • ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 9, 1998 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, J. Diann Goetten, Barbara Peterson and Richard Flint. Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Assistant Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg and Recorder Carole Haseman. Mayor Jabbour called the meeting to order at 7:03 p.m. ( #1) CONSENT AGENDA Items 9, 13, 14 and 15 were added to the Consent Agenda. Kelley moved, Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF OCTOBER 26, 1998 • Kelley moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of October 26, 1998. Vote: Ayes 5, Nays 0. ( * #3) CANVASSING BOARD MEETING OF NOVEMBER 4, 1998 Kelley moved, Peterson seconded, to approve the Minutes of the Canvassing Board Meeting of November 4, 1998. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Park Commissioner Sherokee Ilse was present. Ilse reported that Park Commission members will walk the trail at the Spring Hill Golf Course on Friday, November 13, 1998 at 8:00 a.m. Preliminary design plans have been received from Shardlow for the park property located on Watertown Road. A neighborhood informational meeting will be scheduled in early December. In connection with the Saga Hill area, Shardlow will have a plan ready in January or February. Jabbour explained it is premature for the Park Commission to move forward with plans for the Saga Hill area. Ilse asked if there was any interest from Council in securing the Eisinger property. Jabbour indicated it was the general consensus of the Council to aggressively pursue purchasing the parcel and requested staff to schedule a meeting with the owner. 0 1 ORONO CITY COUNCIL MEETING • MINUTES FOR NOVEMBER 9, 1998 PLANNING COMMISSION COMMENTS - SANDY SMITH, REPRESENTATIVE There were no Planning Commission comments. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT ( #4) #2369 JOE FIEDLER, 365 -373 WESTLAKE STREET - LOT COMBINATION /ACCESSORY BUILDING - RESOLUTION NO. 4192. Joe Fiedler was present. Gaffron explained that on October 26, 1998 Council approved the legal combination of 365 and 373 Westlake Street subject to removal of plumbing from the building at 373 Westlake Street which converts the structure to an existing non - conforming accessory building due to its location, and subject to the accessory building being removed within two years. Council tabled the request for • a refund of the assessment that was paid off for 373 Westlake until a full Council was present. Mayor Jabbour noted applicant was forced to pay the special assessment as part of the purchase agreement. Fiedler agreed with conditions established for the lot combination and stated that all four buildings would be removed. Mayor Jabbour asked if the City had ever waived a sewer assessment under similar circumstances. Gaffron responded that in a small number of cases the City has allowed the unpaid assessment to be waived. The Fiedler situation is different because the assessment has already been paid which can pose a future problem for the City in determining how and when refunds are handled for past assessments. Kelley noted the original principal amount of the assessment levied in 1992 was approximately $8,900. The payoff balance incurred by Mr. Fiedler was approximately $5,300. Sewer was only used for about three years during the time the house was inhabited. Barrett explained that if the sewer assessment is not refunded, in the future the property owner could challenge the City for the right to construct a second residence on the property because of the existence of and payment for two sewer stubs. 2 0 • ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 9, 1998 ( #4) #2369 JOE FIEDLER, 365 -373 WESTLAKE STREET - LOT COMBINATION /ACCESSORY BUILDING RESOLUTION NO. 4192 - continued Peterson felt a time line should be established for future sewer refund requests. After discussion, members felt circumstances were unique to this property and by allowing the lot combination the property would be closer to meeting the zoning standards for the area. No precedent would be set for future assessment refunds. Kelley moved, Jabbour seconded, to adopt Resolution No. 4192 granting the lot combination and to direct staff to draft a resolution to refund the amount of the paid sewer assessment in the approximate amount of $5,304.02. Vote: Ayes 3, Nays 2. Peterson and Goetten voted no. ( #5) #2422 RICHARD GAY, 2735 SHADYWOOD ROAD - VARIANCE - DENIAL RESOLUTION NO. 4193. Applicant was not present and application will be discussed later to allow time for applicant to appear. • ( #6) #2424 GREG KLOHN, 4455 NORTH SHORE DRIVE - VARIANCE - RESOLUTION NO. 4194. Gregg Klohn was present. Weinberger explained applicant has requested an after- the -fact variance to complete a deck located on the lakeside of the home and a variance to construct an 8'x17' addition within the 250 -500' setback area. The deck would encroach 24' into the average lakeshore setback area. The proposed development is consistent with the area and would not impact the sight lines for neighboring property owners. The addition would result in an increase of hardcover to 136 s.f. (35.1 %0) where only 30% is allowed. Mr. Klohn is undecided at this time whether to replace a storm damaged garage on the property which has been subsequently removed. Mr. Klohn stated work was stopped on the deck when he realized a permit was required. He has not decided whether to rebuild the garage in the same location or as a tuckunder garage. It is his understanding no variance would be required to build a garage damaged from the storm in the same location. Mayor Jabbour noted confusion with comments he has received from residents regarding the Building Department's procedures for handling storm damage. ORONO CITY COUNCIL MEETING • MINUTES FOR NOVEMBER 9,1998 ( #6) #2424 GREG KLOHN, 4455 NORTH SHORE DRIVE - VARIANCE - RESOLUTION NO. 4194 continued Weinberger stated if the garage were to be rebuilt as a tuckunder there would be no structural coverage or hardcover issues and would eventually reduce the hardcover beyond the 250' of lakeshore. - Kelley inquired if there was a timeframe in which to replace the structure. Weinberger said it would be one year. Mayor Jabbour asked if there could be a conflict of interest because he once lived in the house. Barrett responded that he could see no conflict. Goetten moved, Flint seconded, to adopt Resolution No. 4194 granting an after - the -fact variance for a deck and a variance for an 8'x17' living addition to 4455 North Shore Drive. Vote: Ayes 5, Nays 0. ( #7) #2428 TERRY MAURER ON BEHALF OF DAVID AND CHRISTINE HARDTEN, 2515 • KELLY AVENUE - VARIANCE. Terry Maurer, Christine Hardten and Jeff Lambrect were present. Weinberger explained the applicants propose to replace the existing house and detached garage with a new residence and attached garage. The existing boat house and stairway will remain along the lakeshore. The lot is pie shaped. The existing driveway is shared with the neighboring property. Planning Commission recommended approval of variances with the condition that hardcover be reduced to 27% in the 75 -250' setback area. A revised plan has been submitted removing a portion of the driveway. The overall hardcover on the lot would be reduced from 11,494 s.f. (26.6 %) to 8,798 s.f. (20.3 %). Three letters of support have been received from neighbors for the current plan. With the new plan, applicants request variances to allow the accessory structure to remain; 924 s.f. (6.3 %) hardcover in the 0 -75' lakeshore setback where none is allowed; 6,113 s.f. (26.9 %) hardcover where 5,673 s.f. (25 %) is allowed in the 75 -250' lakeshore setback area; and 1,761 s.f. (30.6 %) where 1,724.4 s.f. (30 %) is allowed in the 250 -500' Lakeshore setback. The neighbor, Mr. Hoyt, has expressed an interest in having separate driveways which would reduce hardcover in the 250 -500' setback area to meet the 30% requirement. Mr. Maurer noted several problems existed with the shape of the lot and driveway but revised the plan to accomplish the reduction in hardcover. 4 0 • ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 9, 1998 ( #7) #2428 TERRY MAURER ON BEHALF OF DAVID AND CHRISTINE HARDTEN, 2515 KELLY AVENUE - VARIANCE - continued Kelley inquired if the applicants were aware of the hardcover ordinances before the house was designed. Mr. Maurer responded in the affirmative but felt the house needed to be representative of the neighborhood. Kelley asked what hardship exists within the 75 -250' setback area. Mr. Maurer stated the pie shape of the lot. Mayor Jabbour felt there is a wide -range of property values in Orono and the argument of neighborhood demand is an irrelevant issue. After discussion, Council felt it important not to exceed 25% hardcover limitation within the 75 -250' setback area for new construction. The applicants were asked if they wanted the application tabled to give them an opportunity to revise the proposed plan. Mr. Maurer stated they would do their best to meet the 25% requirement within the area. • Mayor Jabbour moved, Peterson seconded, to table Application #2428, 2515 Kelly Avenue, until the November 23, 1998 Council meeting. Vote: Ayes 5, Nays 0. ( #8) JOINT USE DOCK LICENSE - KELLY COVE HOMEOWNERS ASSOCIATION John Bessessen (representing Brad Hoyt), Austin Evans and Todd Jones were present. Gaffron explained that on July 13, 1998 this application was tabled and ultimately denied on July 27, 1998 with the stipulation that applicants could reapply at no charge providing an agreement could be made regarding the Hoyt property. At this time the Kelly Cove Homeowners Association proposes to move the dock approximately 20' to the east with a reduction from 56' to 48' in total length from shore. No change has been made to the 4 individual slips of 13'x32'. Mr. Hoyt has agreed to restrict the use of Lot 3 to 2 slips whether or not a duplex or single family residence is built on Lot 3. This will not result in an increase of the number of boats using the lagoon but a change in slip location. The proposed dock situation does meet the City's code standards and there will be no negative impacts on the wetland. Mr. Evans indicated they are in agreement with the plan. John Bessessen, representing Brad Hoyt, stated Hoyt was in agreement with limiting the property to two slips. 0 5 ORONO CITY COUNCIL MEETING • MINUTES FOR NOVEMBER 9, 1998 ( #8) JOINT USE DOCK LICENSE - KELLY COVE HOMEOWNERS ASSOCIATION - continued Mayor Jabbour reflected on what the original developer's intentions might have been for the area and noted that life in 1999 is slightly different than 1979. He indicated the City should not be in the business of controlling the activities on that site and that a covenant be drafted in favor of the Kelly Cove Homeowners Association to be in control. Outlot A would be added to Lot 3 which would eliminate any easements placed on that lot. Barrett suggested that an easement be placed on Lot 3 restricting the number of slips on that lot. Bessessen felt that could be a problem. Mayor Jabbour asked if anyone from the neighborhood was present. Mr. Edwards appreciates any consideration made to the habitat of the lagoon in trying to preserve the navigational areas proposed. Kelley moved, Goetten seconded to direct staff to draft an appropriate resolution approving a joint use dock license to Kelly Cove Homeowners Association per the conditions set forth in the staff • memo dated November 5, 1998. Vote: Ayes 5, Nays 0. ( * #9) ADOPT COMPREHENSIVE PLAN AMENDMENT #7 - MAXWELL BAY MUSA - RESOLUTION NO. 4195. Kelley moved, Peterson seconded, to adopt Resolution No. 4195 approving Comprehensive Plan Amendment #7. Vote: Ayes 5, Nays 0. ( #10) COMMERCIAL/INDUSTRIAL PARK FEE - ADMINISTRATIVE PROCEDURE This will be discussed following Item #11. ( #11) LITTLE ORCHARD - REQUEST TO AMEND EASEMENT DESCRIPTION Dan Anderson, Kyle Hunt and Ted Kemna, surveyor with Schoell & Madson, were present. 6 • • ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 9, 1998 ( #11) LITTLE ORCHARD - REQUEST TO AMEND EASEMENT DESCRIPTION - continued Gaffron explained that on October 26, 1998 Council tabled this application to give the developer an opportunity to stake the site in relation to the top of bluff. Due to a different method of computation, staff does not agree with the top of the bluff determination made by applicant's surveyor. The surveyor's version is closer to the lake. A compromise can probably be made regarding the top of the bluff. The City's goal is to preserve trees. Based on the 30' setback, a 36" oak tree and two maples would be removed. Technically the top of the bluff needs to be defined before a determination can be made regarding placement of the house. Hunt presented options for the house location. Anderson, as developer, expressed concern that the house follow the contours and not tear up the bluff. He indicated the lines were very close and pointed out an area which could be given back to the easement. Mayor Jabbour clarified that the request is to revise a legal description for an easement granted to the City which was mutually agreed to for preservation of vegetation. This does not affect the City's ordinances, standards nor does it require a variance. . Kelley inquired how the property would be protected in the future if a homeowner wanted to make additions such as a patio. Anderson explained all design plans would need to be approved by an architectural committee. Mayor Jabbour noted that the building envelope is already being pushed to the limit. Gaffron explained standards presently in place protects the zone closest to the house by prohibiting structures except for a lake access stairway, prohibits removal of any tree that is over 6" in diameter without City approval, it allows trimming or topping of trees without City approval, requires that there be a ground cover maintained, it doesn't allow any topographic changes without City approval, and prohibits fences, play structures, decks, and accessory buildings. Gaffron said the revision would do a better job of protecting trees than the prior proposal. Mayor Jabbour noted, for the record, that on Saturday the Council was not present on the property in a form of a quorum, members visited individually and no decision was made nor action taken in advance. Kemna 'questioned whether or not the term vegetation meant natural. Gaffron stated it could be rewritten to be natural. Gaffron wanted Council to understand that in some areas the City would be gaining but losing in areas which are not as critical. Changing the existing easement places the house closer to the trees instead of 20 -30' back into the pasture. Flint moved, Peterson seconded, to direct staff to revise the legal description for the easement and • redefine vegetation as discussed. Vote: Ayes 5, Nays 0. 7 ORONO CITY COUNCIL MEETING • MINUTES FOR NOVEMBER 9, 1998 ( #12) EXTEND MORATORIUM ON DWELLING UNIT DENSITY CREDIT IN LR -1C -1 DISTRICT - ORDINANCE NO. 180, 2ND SERIES. Gaffron explained the ordinance was adopted May 11, 1998 to establish a moratorium for 190 days on the granting of applications that use the 50% increase in dwelling unit density in the LR -1C -1 zone which is basically a few properties in the Navarre area. The moratorium expires November 16 and it is recommended that it be extended for an additional 180 days because the study has not been completed. Goetten moved, Peterson seconded, to adopt Ordinance No. 180, 2nd Series extending the moratorium established in Ordinance #175, 2nd Series. Vote: Ayes 5, Nays 0. ( #10) COMMERCIAL/INDUSTRIAL PARK FEE - ADMINISTRATIVE PROCEDURE Gaffron explained in April 1998 Council adopted a new park dedication ordinance that established a maximum and minimum park fee which is used whenever the City decides to accept a fee rather than land in residential situations. Commercial property needs to be dealt with in a different manner to establish a connection between the impact that commercial property has on the park system. The City by Resolution No. 4067 established that 10 employees are equivalent to one dwelling unit. The • problem in defining 10 employees is that at the time of subdivision it is not always known how that property might be developed or used. An office use would have a different population of employees than a retail use. The ordinance does not establish a method for determining how many employees to use for calculation purposes. Some of the ways suggested for making a determination is through the parking requirements, an acreage basis, highest use basis or a combination. Moorse noted that other cities use a basic percentage of property value in determining the park dedication fee. Flint said using the 50 employee determination calculated too high and felt 30 employees an acre for this kind of usage would be more appropriate. He suggested collecting the fee at the time a building permit would be issued. Kelley stated it would be better to collect the park fee at the time of subdivision. Moorse suggested using a percentage showing a connection between the park usage and employees. After discussion, it was decided that staff reexamine the methods for determining commercial park fees by either using 25 -30 employees an acre or a basic percentage of value. 8 0 • ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 9, 1998_ ( #5) #2422 RICHARD GAY, 2735 SHADYWOOD ROAD - VARIANCE - DENIAL RESOLUTION NO. 4193. Applicant was not present. Peterson moved, Kelley seconded to adopt denial Resolution No. 4193. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Mayor Jabbour felt it is unfair to charge public facilities such as schools for responses to false fire alarm calls in the same manner as single family residential properties. Moorse explained presently throughout the City the first false alarm call is free, the second is $100, third is $250 and thereafter it is $500. He explained there are costs associated every time a fire truck is responding to an alarm. After discussion, Council asked the City Administrator to research the matter and suggest possible ways to handle charges for false alarms at public facilities. • Flint suggested that Orono establish a method of communicating and tracking complaints between the Council and the City Administrator by using a written complaint form. Kelley reported he met with two members of the Long Lake Fire Department and Chief Cheswick regarding the relocation of the fire station. A decision needs to be made soon. He noted Cheswick was a big asset in dealing with the fire department as he had previously served with the department and suggested that Cheswick be involved in negotiations. Mayor Jabbour reported that discussions have taken place between Moorse, Long Lake City Administrator, Minnetonka City Administrator and an Australian City Administrator regarding effective methods to merge city government. He feels that in the future City services might be merged such as Public Works. It also is his intention to develop a set of specific Goals & Objectives, along with a timeline for completion, and noted that completion of the update of the Comprehensive Plan is a top priority item. ENGINEER REPORT (413) REQUEST FOR PAYMENT #9 - BAY RIDGEBRACKETTS POINT SANITARY SEWER PROJECT Kelley moved, Peterson seconded, to approve request for Payment #9, Bracketts Point/Bay Ridge • Sanitary Sewer Project to Barbarossa & Sons in the amount of $17,732.51. Vote: Ayes 5, Nays 0. 2 ORONO CITY COUNCIL MEETING • MINUTES FOR NOVEMBER 9, 1998 ( * #14) REQUEST FOR PAYMENT #11 - NORTH LONG LAKE SANITARY SEWER PROJECT Kelley moved, Peterson seconded, to approve request for Payment #11, North Long Lake Sanitary Sewer Project to Barbarossa & Sons in the amount of $18,380.12. Vote: Ayes 5, Nays 0. ( * #15) REQUEST FOR PAYMENT #3 - SHORELINE/HERITAGE SANITARY SEWER PROJECT Kelley moved, Peterson seconded, to approve request for Payment #3, Heritage /Shoreline Sanitary Sewer Project to G. L. Contracting in the amount of $24,551.80. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT ( #16) PARKING LOT LIGHTING FOR CITY FACILITIES Moorse explained that per Council's directive the lighting plan was revised to replace the 20' poles with poles similar in height and style to the existing light poles and to include the installation of winter plug -in receptacles on the poles. • Kelley moved, Peterson seconded, to approve the proposal by Frontier Electric for the purchase and installation of parking lot lighting at a cost of $9,595.00. Vote: Ayes 5, Nays 0. ( #17) HIRING OF PART -TIME POLICE OFFICER - RESOLUTION NO. 4196. Peterson questioned the language used in the Request for Council Action dated November 4, 1998 specifically "historically" and "due to personnel changes." Perhaps the structure of the police department needs to be reviewed because of the high turnover of part-time officers. Her concern was not with Tony Wittke but with the use of part-time officers. Moorse explained.the process works well because the City is given the opportunity to view their work performance before hiring them into full -time positions. Peterson expressed concern that we are educating officers only to be hired by other cities. Moorse explained the turnover in part-time officers has been due to moving them into full -time positions in the Orono Police Department. Mayor Jabbour stated the process is cost - effective. Moorse indicated money spent on training part-time officers has not been wasted as most of them • have been moving into permanent positions for the City. 10 • ORONO CITY COUNCEL MEETING MINUTES FOR NOVEMBER 9, 1998 ( #17) HIRING OF PART -TIME POLICE OFFICER - RESOLUTION NO. 4196 - continued Kelley moved, Goetten seconded, to hire Anthony A. Wittke for the position of part-time officer, effective November 10, 1998 with the starting salary of $12.25 hourly with no benefits and adopt Resolution No. 4196 declaring that the part-time position held by Anthony A. Wittke is that of a police officer and said employee shall become a member of the Public Employees Retirement Association Police and Fire Fund. Vote: Ayes 4, Nays 1. Peterson voted against. ( #18) TOPICS FOR UPCOMING WORK SESSIONS Moorse noted a Council work session has been scheduled for 7:30 a.m. on Wednesday, November 18, 1998 regarding the Highway 12 preliminary layout from Mn/DOT. He suggested inviting O'Keefe and Loken from Mn/DOT to attend the meeting. The work session scheduled for 7:30 a.m. on Wednesday, December 2, 1998 would include tours of buildings in the City's Industrial District. CITY ATTORNEY'S REPORT Attorney Barrett had no report. • ( * #19) LICENSES Kelley moved, Peterson seconded, to approve the following license. Vote: Ayes 5, Nays 0. Cigarette License William Wear 12 Hi Liquor, Inc. 2160 Wayzata Boulevard P.O. Box 306 Long Lake, MN 55356. ( * #20) BILLS Kelley moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 10:10 p.m. ATTEST: Linda S. Vee, City Clerk Gabri Jabbour, Mayo 11