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HomeMy WebLinkAbout04-14-1997 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR APRIL 149 1997 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 Barbara Peterson. Richard Flint was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, Assistant Planning and Zoning Administrator Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items #9, 10, 15, 16, 17, and 18 were added to the Consent Agenda. Goetten moved, Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF MARCH 24, 1997 Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council 40 Meeting of March 24, 1997. Vote: Ayes 4, Nays 0. ( 43) SPECIAL MEETING OF MARCH 31, 1997 Goetten moved, Peterson seconded, to approve the Minutes of the Special City Council Meeting of March 31, 1997. Vote: Ayes 4, Nays 0. ( * 94) SPECIAL MEETING OF APRIL 1, 1997 Goetten moved, Peterson seconded, to approve the Minutes of the Special City Council Meeting of April 1, 1997. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS Vice Chair Wilson reported having met with Greg Gappa and Jack Brinkhaus visiting parks and reviewing the history and maintenance. Wilson invited the Council to attend the annual Park Tour on June 2 at 6:00 p.m. 40 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14, 1997 (Park Commission Comments - Continued) • Wilson reported the Commission is working towards introducing a tree / preservation /restoration/replacement policy or possible an ordinance. David Beal is the chairman and is reviewing the policies in place in other communities. A future work session is planned to review such a policy /ordinance. Wilson informed the Council that the Park Inventory is now completed and will soon be available for distribution. She noted the upcoming agenda item regarding the playground improvements at Antoine Park. Jabbour informed Wilson that the Council will be determining who will fill the vacancies on the Park Commission at their next Council meeting. He noted the discussions under way regarding the Park Dedication Fund. Jabbour asked Wilson to speak with City of Minnetonka personnel regarding their tree ordinance and its effectiveness after one year of implementation. Jabbour noted the possibility of a trail through the Spring Hill Golf Club development and asked the Park Commission to consider a proposal regarding such a trail. Jabbour also noted that consideration is being given to collecting the Park Dedication fees with both subdivision applications and other development applications. PLANNING COMMISSION COMMENTS Chair Lindquist had no additional comments to add to the Planning Commission Minutes. • PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( #5) #2244 JAMES G. FULLERTON III, REQUEST FOR PRELIMINARY SUBDIVISION APPROVAL AND ISSUANCE OF CONDITIONAL USE PERMIT - RESOLUTION NO. 3879 Van Zomeren reported that the application is a request for a preliminary subdivision approval and conditional use permit for a guest house. The application will result in the creation of two new lots and include a lot line rearrangement. The Planning Commission recommended approval of the preliminary plat with conditions as noted. The application has been delayed because of disagreement over payment of the 8% Park Dedication fee of $60,000. The guest house is located on Lot 3 and includes the caretaker's residence. Both structures are within the 0 -75' setback. 40 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14,1997 • ( #5 - #2204 - Fullerton - Continued) The applicant's attorney, Mr. Winston, was present. He asked to separate the issue of the preliminary plat approval and CUP from the Park Dedication fee issue. He brought attention to a letter sent to Staff and Council regarding the Park Dedication fee. He is concerned that the application has been delayed due to the Park Dedication fee issue without any resolution. Winston noted that there has been no opposition to the proposal as such and conditions placed on the application meet with applicant's approval. Winston indicated that the proposal is unique and is incurring an incredibly high Park Dedication fee. He noted the fees collected from adjoining communities were considerably lower. Winston said the applicant is willing to pay the same amount as would be charged in Minnetrista of $4100 or negotiate with the City. He said there would be minimal impact on parks from these lots especially with their location on the lake. He reiterated that the conditions placed on the proposal by the Planning Commissioners were acceptable. The lots meet City standards, and the development agreement and issue of the roadway can be worked out with Staff according to Winston. Jabbour noted the Park Dedication fund established in the 1980's is related to the value of the land. He reported the Council's need for due diligence in enforcing the legalities of the City and questioned whether the issues could be separated. • Goetten asked if the applicant wanted to receive approval on the application less the Park Dedication fee. Winston said he would like to receive total approval with the fee being negotiated. Goetten informed him it is the Council's practice not to grant approval when issues are unsettled. 0 Radio said the normal recommendation would be to address all issues and not separate one from the application. Since the application is in preliminary stages, Radio suggested the possibility of escrowing the fee until the amount is settled. Winston said he would be agreeable to that solution. Goetten voiced concern with requests made by other applicants in the future by setting such a precedent. Winston said he feels the fee is not reasonable and has not been told otherwise. Jabbour informed Winston that the Council will be discussing the issue of the Park Dedication Fund in an Executive Session following the regular meeting. He reported that the City is not in the position to negotiate the fee; the fee must be paid in frill or the ordinance changed. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14,1997 (#5 - #2204 - Fullerton - Continued) • Kelley questioned whether the Council wanted to review how the parks are being funded. He noted another large parcel that would incur similar problems with the amount of fee when developed. He was agreeable to escrowing the fee informing Winston that there would be no guarantee of any reimbursement. Goetten suggested the application be tabled to the next Council meeting as the Council needs to discuss the issues and may not make any changes at this time to the Park Dedication regulations. Winston related that the application was filed 12/23/96 and would like to see the issue resolved without further delay. Radio indicated there would be a length of time involved in analyzing the code as it represents a fundamental shift from the current code. Staff is unable to make any recommendations for a fee other than what is supported by the code. Due to this, Radio indicated the delay is reasonable. He noted the requirement to apply the code in a constitutional manner. Jabbour indicated that while it is not his desire to delay the applicant, any change in the regulations cannot be facilitated quickly. Any determination will affect future applications. is Peterson asked Radio if any current or past applicant could be eligible for a reimbursement if a change was made to the code regarding the funding. Radio acknowledged the high rate of litigation in today's society but raised the argument that any past applicant has waived this possibility when they signed the development agreement. If the preliminary and subdivision has been recorded, Radio said it could not be challenged. Jabbour noted the limited possibility of applications reaching a similar fee. He said the 8% fee was reasonable but saw the possibility for setting a maximum fee. Jabbour said he would be in favor of proceeding, with an escrowing of the full fee at this time. Winston informed the Council that he would need 8 -10 days to gather the fee for escrowing. Goetten asked why the decision then could not wait. Radio indicated that the payment is not paid until final approval has been granted. Peterson questioned the turn of events if a motion were to fail. Radio said if a motion to pass were to fail and a motion to deny also failed, it can then be tabled. u 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14,1997 • ( #5 - #2204 Fullerton - Continued) Jabbour moved, Kelley seconded, to approve the preliminary plat and conditional use permit with the understanding that the a letter of credit be submitted at the time of final subdivision in the amount of the Park Dedication fee until a final determination be made. Vote: Ayes 3, Nays 1, Goetten. Goetten's vote was made for reasons stated. She supported the application but recommends the Park Dedication fee be resolved prior to any approval of the application. Winston felt the case should be reviewed ad hoc, case by case. Radio indicated while the Supreme Court allows for case to case study, it does not allow any applicant to piece meal the fee either. He indicated the imposition of a maximum fee would provide some certainty. He also noted that the Executive Session is only being held because of the threat of litigation from this application. ( #b) #2212 SIDNEY & BARBARA REBERS, 2080 WAYZATA BOULEVARD - PREL,INi JINARY SUBDIVISION APPROVAL - RESOLUTION NO. 3880 The applicant was present along with attorney, Steve Pflam. Gaffron reported that the application is for preliminary subdivision and the conversion of • Outlot E, Sugar Woods, to buildable status. The outlot was created from a parcel of land remaining from the Sugar Woods plat for future commercial development consisting of Outlots E and F, which is the Orono Shopping Center. At the time of the plat, a comprehensive plan amendment included a frontage road to serve projected commercial development. The Sugar Woods plat conformed to that amendment with the creation of Outlot D. This outlot only provides a corridor from the west boundary of Sugar Woods to the northwest corner of Outlot F. The intent was that at some future time when outlot F is developed, the remaining frontage road segment eastward to Brown Road would be defined and platted. Outlot D was platted because the City needed a corridor that would traverse the Wear property located between Outlots E and F. Outlot C of East Willow Woods was platted, providing a corridor connecting from Outlot E of Sugar Woods, westward to Willow Drive for future frontage road. 0 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14, 1997 ( #6 - #2212 Rebers - Continued) 0 Gaffron indicated that access is the primary issue with the conversion of this outlot to buildable lot status. Outlot E meets the minimum lot area and width standards for a building site in the B -1 District, and the only variances which may be necessary for its development would be related to specific building and site layout issues. A 70' wide curb cut for a right -in, right -out ingress /egress resulted from the safety improvements for Highway 12. These improvements did allow for a future curb cut but with a median across it. Gaffron noted that the comprehensive plan limits access to Highway 12. Although the "Alternative 6 North" proposal for the Highway 12 corridor would move substantial traffic off of Hwy 12, the current Hwy 12 would continue to have a high traffic count. The projected count would still warrant a limited access roadway with service roads for access to adjacent properties. The Planning Commission had discussed the access issues as outlined in the 4/2/97 memo on page 2 relating to traffic on Hwy 12, safety improvement impacts on access to Outlot E, shared access, and factors that would trigger construction of the frontage road. The plan called for a road within Outlot D to be developed at the time of development of Outlot E or F for a fiilly completed frontage road. The City has easements over Outlots C and D to Willow Drive. The existing drainage pond was developed as part of Sugar Woods. The City would require confirmation that the pond would be able to handle the additional drainage from development of Outlot E. • Gaffron stated the Staff recommendation differs from the Planning Commission review outcome. The Commission recommended unanimous approval of the preliminary subdivision and change in outlot to buildable status with a temporary right -in, right -out access subject to future construction of a frontage road. Other conditions are noted on page 7 of the 4/10/97 memo. The Commission suggested the applicant investigate the possibility of a shared curb cut with the Wear property and the possibility of creating an access across from Brimhall Avenue which would serve both Outlot E and the East Willow Woods future development. Gaffron said the Staff recommendation would follow the comprehensive plan and would not allow this development to occur until the frontage road is in place. Staff recommendation includes seven conditions as noted on page 6 of the 4/10/97 memo. Steve Pflam relayed the history of the property owned by Rebers. At the time the outlot was so designated, the City and applicant disagreed about the need for a frontage road. This and several other lots were platted separately so there would not be the need to obtain right -of -way from Sugar Woods development for the future frontage road. The future frontage road was not extended eastward as it was felt it could be dealt with when Outlot F and the lot to west of the Rebers property were developed. When Otten's property was developed, a piece of land was obtained for the future frontage road. A right -of -way was granted with restrictions. 0 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14,1997 • ( #6 - #2212 Rebers - Continued) Pflam said the applicant's major objection to the frontage road is the property is zoned commercial and already has legal access to Hwy 12. The applicant does not currently have plans for Outlot F and would agree to revisit the frontage road issue when that property is developed. Pflam said the applicant is seeking a buyer who would use the entire property rather than subdivide it into smaller lots. Pflam said the service road is laid out for use by a large number of businesses and, as such, would not be needed if only one business was developed on Outlot F. Pflam asked for approval of the outlot to buildable lot status. The applicant does not want to reorient the lot to the rear and lose Hwy 12 access. Pflam said he felt the City does not have the resources to fund the service road. Pflam said the comprehensive plan has been affected dramatically by the relocation proposal of Hwy 12. Pflam indicated it was discussed at the Planning Commission meeting for a right turn in and out with a median. Commissioners raised the question of relocating the access to the west to Be up with Brimhall. Pflam said he discussed this possibility with Mn/DOT, who owns the triangular piece of property. The applicant has applied for a permit for such an access. Pflam indicated the median is wide enough to support a stacking lane if needed. Pflam said this access could be used by the Rebers and Otten properties. is Pflam asked for approval of the replat to a buildable lot without loss of access to Hwy 12. He said the applicant is prepared to meet all conditions including the 60' wide right - of -way for a future road or trail. Cliff Otten said he agrees with the plan as presented by Pflam for access. He said he does not see any need for a service road. Otten and Rebers informed Jabbour that they were planning their properties in light of the Alternate 6 proposal for Hwy 12. Kelley asked for clarification on the covenants on the property if an easement was granted. Gaffron reviewed the easement limitations as noted on page 4 of the 4/10/97 memo. Goetten noted she agreed with Staff regarding the service road but questioned whether the City can legally enforce it with the pre - existing conditions. Radio said he thought it would be difficult for the City to require construction of the service road. Kelley asked if the applicant would be willing to combine access for the bank property ( Outlot E) with the Wear property. Pflam said he would be willing to discuss this possibility with Staff and Planning Commission. Kelley was concerned that people would drive through the Wear lot to the bank property. Pflam said a barrier could be built. F MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APR11L 14, 1997 ( #6 - #2212 Rebers - Continued) . Kelley asked Otten if he would be willing to vacate his existing easternmost access if a shared access from Brimhall was approved. Otten noted that he currently has two access points on Hwy 12, one right -in only and one right -in, right -out. Kelley asked that the access currently used for nursery stock be eliminated. Otten said he would consider it. Otten noted that a joint access would also become the new access to the City well. Moorse explained Staff's concern for access related to the development of the commercial properties. When looking at the issue from a long term standpoint, Moorse. recommended that it would not be beneficial for all the traffic from this development to enter onto Hwy 12. The next development will set the tone for the remaining commercial development. While understanding the parcel is small, it will orient all access onto Hwy 12. Jabbour agreed that Staffs recommendation made sense from a planning viewpoint but questioned whether it can legally be required. He indicated a future developer may not want ingress- egress onto Hwy 12. Goetten noted the access on Hwy 12 for the Rebers property would not eliminate the service road and could possibly be used by Outlot F in the future. Moorse asked Council to review the issue comprehensively noting if the property was • developed to orient to Hwy 12 and away from the service road, it would affect any businesses being oriented to a service road. Kelley agreed that the orientation of the businesses now would affect future business orientation for access. He said he believed the second lot owned by Otten will be sold in the future and Outlot F could be divided into several lots. Kelley also noted that the purpose of the service road was to move traffic away from Hwy 12 and indicated the proposed Alternate 6 could still change. Kelley said he would not recommend vacating the service road. If the Brimhall access was acquired, Kelley said he would request the second curb cut for Otten's property be eliminated. He also recommended the property be obtained for the future service road to the north. Pflam indicated the Brimhall proposal for access originated with the Planning Commission and from the comprehensive plan itself. He said this access would not preclude the building of the frontage road in the future. He indicated the applicant would be willing to pay his share of the service road in the future. Pflam said the applicant will consider access from either Hwy 12 or from Brimhall. Otten noted that the original concept for a service road did not place the location. He indicated he lost 30' to Mn/DOT for Hwy 12 improvements and it represents the service road as it could have been located adjacent to Hwy 12 instead of to the north. MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON APRIL 14,1997 • ( #6 - #2212 Rebers - Continued) Jabbour said he recommends maintaining the easement for the service road. Peterson asked Radio if conditions can be placed on the application for elimination of Hwy 12 access if the Brimhall access was approved. Radio referred her to the Planning Commission condition #5 as noted on page 7 of the 4/10/97 memo indicating the right -in, right -out access to Hwy 12 is to be eliminated when the frontage road to the rear of Outlot E (Lot 1) is developed. Radio said the conditions also put the applicant on notice regarding orientation of the business. Pflam said he had no objection if the condition placed future owners on notice regarding access only via a frontage road, but objected to the condition being recorded due to potential marketability problems. Goetten questioned what would happen if a buyer was found for Outlot F. Pflam said the applicant would make another application to the City. He also indicated that a service road would be used by the public and felt the cost could not be assessed to property owners only. He also indicated a buyer for Outlot F may prefer a private driveway onto Brown Road. Pflam asked Staff to address in a memo how the frontage road would be laid out, assessed, and any conditions that would be required to be met. Jabbour asked Pflam if there was any objection to the Park Dedication fee. Pflam said . no. Gaffron asked for discussion to clarify findings for redrafting of the resolution. Radio indicated a motion for conceptual approval or denial with findings could be made, with formal approval of a resolution at the next meeting. Kelley moved, Goetten seconded, to approve the preliminary subdivision and conversion to buildable lot status as outlined in the discussion with use of Brimhall for access only and directed Staff to draft said resolution. Applicant was asked to work with Staff and a Council member on details. Radio inquired if a condition regarding orientation would be included. Council agreed to make the condition cited in the resolution. Vote: Ayes 4, Nays 0. Jabbour asked Staff to work with Otten regarding closprp qf 4is e4ster}}mos Jfwy 12 access and use of Brimhall for access. (Agenda Item #7 follows Item #14) 9 9 - MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14,1997 ( #8) HOME OCCUPATION LICENSES • Van Zomeren reiterated some of the regulations regarding home occupation licenses. The zoning ordinance allows such licenses for persons engaged in business within their own dwellings and limited to the principal residence only. Van Zomeren reviewed the licensing requirements. She noted that the use of the garage for storage of stock would be in violation of the ordinance, the evidence of the occupation may not be visible from the street, and is reinforced by the restriction of no signage. The amount of retail activity also cannot overtake the use of the residence. Over the counter sales is not allowed. Entry to the business must be through the residence. The business cannot generate demand for more than three parking spaces. Van Zomeren said one of the problems is that the definition lists the regulations. She indicated that the definition should say what it is rather than list prohibitions. Van Zomeren said there are currently 19 licenses issued of which 10 are considered active. Some of these licensees have outside employees which is not allowed by ordinance. Van Zomeren asked for policy direction on recodification. Van Zomeren noted that the state law does not allow for variances. People in violation of the no outside employee prohibition are either in business without licensing, or unaware of the licensing requirement. Jabbour said he would not want people who have assistants to be required to come before the Council. He would like to see this issue handled at the Staff level. Jabbour • indicated there were probably many people who employ secretaries at their residences. Home Occupation License Applications were reviewed as follows: 1) The home occupation license application for John Waldron meets all the requirements. Van Zomeren said Staff recommends approval. Kelley moved, Peterson seconded, to approve the Home Occupation License for John Waldron in compliance with the findings as noted. Vote: Ayes 4, Nays 0. 2) Thomas Clapp applied for a Home Occupation License after being notified about the ordinance during the process of remodeling his office space. He provided a letter outlining the impact of the license restrictions on his business. Clapp said he requires clerical assistance. Van Zomeren said Staff informed the Clapps of the restrictions. All requirements are met except for the need for a secretary. Radio informed the applicant that a variance use is illegal. The need for secretarial service cannot be obtained under the current code. The code is being reviewed for possible recodification. 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14, 1997 • # -8 Home Occupation Licenses - Continued) Van Zomeren indicated the remodeling work has been stopped. Clapp said the work was on hold until this matter could be resolved. Jabbour recommended granting occupancy and denying the portion of the code that is not in compliance. He directed Staff to eliminate any future fee for the applicant. Clapp informed the Council that he was surprised by the ordinance. He said he understood the City not wanting a lot of cars parked at residences. He indicated there would be 1 -2 cars maximum at any time. Jabbour told Clapp that there was no problem with what business he was running but with approving it under the current code. Jabbour moved, Kelley seconded, to approve the Home Occupation License with the exception of allowing any employees at the business within the residence. Remodeling construction was approved to resume. Mrs. Clapp said they were unable to move forward with the remodeling until the issue of secretarial employment was resolved. She inquired of the time table involved for recodification. Radio informed her that he anticipated approximately a two month time • frame with Council supporting the change to allow some outside employees for support functions within the residences. Vote: Ayes 4, Nays 0. 3) Home Occupation License for Mitch Kezar Jabbour abstained from the discussion. Goetten chaired the agenda item. Van Zomeren reported that the home occupation license was for a location photographer. The lot was previously subdivided. An outlot provides access to the property to the rear. There is a name sign which is allowed under the code. The resident has indicated one outside employee on the application. Van Zomeren asked for Council direction as the business is currently in violation of the zoning code. Goetten asked if the employee was used in the same context as the last application. Van Zomeren said it was possible but there was a higher activity level with this home occupation. She indicated the Building Inspector, Lyle Oman, visited the residence after concern was expressed by a neighbor about the number of vehicles on the premises. The ap licant Was not present. Goetten indicated no determination of this license could be made without his presence. Van Zomeren questioned the license since the applicant • was in violation. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON APRIL 14,1997 ( #8 Home Occupation Licenses - Continued) Greg Malek, the neighbor whose property is located to the rear of the applicant's, was present to voice his concerns. Goetten informed him while no action could be taken, Malek could voice his concerns. Malek said he originally owned the entire piece of property and sold the front property to the applicant. At that time, the Council requested the driveway be located to the west. Malek requested the driveway be located to the east to save a stand of trees. A letter from Malek, which is part of the record, asked for Malek and Kezar to share the cost of maintenance of the driveway. Malek said a letter from an engineer, also part of the record, indicates the driveway is constructed to handle automobile traffic only and not made for trucks. Malek said there are 3 -5 trucks in and out of the Kezar property weekly. He provided a list of license numbers of vehicles at the Kezar property. Malek said the driveway is not engineered to handle delivery trucks. Malek informed the Council that it is his belief that Kezar is in violation of the home occupation license. He asked that if the business is to continue that the driveway location be changed. Goetten informed him that no use variances are allowed by the code, and the code will have to be changed to allow outside employees. Goetten informed Malek that he will be notified when the application is back before the Council. Van Zomeren clarified that the code would require revision to allow the business to continue to operate. She indicated there is no notification process with home occupation licensing. She was directed by Council to include notification of adjacent property owners when considering amendments. Van Zomeren said if the code is limited . to licensing, an acknowledgment signature would be required. Van Zomeren said she would not make that recommendation for licensing. The driveway issue criteria would require review. Shared driveways should not be allowed with truck traffic as noted. Kelley asked what steps the City takes when a license is in violation. Van Zomeren indicated Oman inspected the property; although, he did not walk through the home. Kelley indicated there was nothing that can be done about the driveway issue at this point. Peterson noted she was involved in the particular subdivision and recalled the outlot being a requirement of the County for one access. Gappa indicated a new driveway and curb cut would require approval by the City. Kelley moved, Peterson seconded, to table the home occupation license application for Mitch Kezar to the April 28 Council Meeting. Staff was directed to act regarding the current violation. Vote: Ayes 3, Nays 0. (Mayor/Council Report after Agenda Item 912) Is 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14, 1997 • ( * #9) PLANNING COMMISSION REAPPOINTMENTS Goetten moved, Peterson seconded, to approve the eligibility of Dale Lindquist and Janice Berg for reappointment to a 3 -year term on the Planning Commission. Vote: Ayes 4, Nays 0 ENGINEER REPORT ( * #10) QUOTATION FOR NAVARRE WELL #2 REPAIR Goetten moved, Peterson seconded, to authorize repairs to Navarre well #2 and accept the low quotation from E.H. Renner and Sons, Inc. of $11,978.15, Alternate 91 of $1,200.00 and Alternate #2 of $1,977.00. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( #11) VALEK REQUEST TO VACATE RIGHT -OF -WAY AND TO ACQUIRE A PORTION OF A TAX FORFEIT PARCEL Moorse indicated the agenda item involves two separate but related issues involving the 9.5 acre tax forfeit parcel that the City is in the process of acquiring. The City has a 10' right -of -way through the Valek property to the church property. The Valek's are . requesting vacation of the 10' right -of -way. The Valek's also are requesting to acquire 1/2 acre from the 9 -1/2 tax forfeit parcel to add to their existing property. This would allow them to control the drainage to the pond and provide a larger back yard. It would also provide them the opportunity for a lot line rearrangement for another lot that they own in the same area. The two issues are related in that the 1/2 acre acquisition was delayed until the easement issue is resolved. Moorse reported that the Park and Planning Commissions have reviewed the issues and recommend Garden Lane as the chosen access to the park land property. A temporary pedestrian easement may be obtained from Fairview Church. Moorse said the access through the Valek property is not the best solution to gain access to the park. Staff recommends approval of the vacation. Moorse indicated if the Council approves the vacation, the acquisition of the 1/2 acre parcel can move forward. Jabbour asked if the City acquired the 1/2 acre parcel outside of the tax forfeit procedure. Moorse indicated the City did not. He said the acreage is tied into the entire 9 -1/2 acre parcel. Jabbour asked if the City currently owns the 9 acres. Moorse stated the City has not yet acquired the 9 acres. The City needs to submit an amended application to the County. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14, 1997 ( #11 Valeks Request for Vacation - Continued) • Jabbour informed Peterson of the history of the property, vacation request, and access issues to the Saga Hill park land parcels. He indicated the City may want a walking path at some point which may require the use of the Valek property right -of -way. Goetten noted that all the Council did not agree with his opinion. She felt the Valek's have been placed on hold long enough and asked the City and County to take action. Goetten recommended support of the Valek's request with maintenance of a utility easement. Kelley said his position would favor granting acquisition to the Valek's of the 1/2 acre parcel and moving the 10' right -of -way to the west lot line. Mr. Valek responded to the Council's comments. He indicated the City gave him permission to do with the easement as he desired when he built his home. He indicated his driveway is located over the easement and utilities are located within the easement. Valek said the City had indicated the easement would be vacated years ago. Valek said the change in location of the easement would change a possible arrangement he had to buy a portion of a neighboring property. Mrs. Valek added that they also own another lot next to their residence. This lot is considered buildable and has sewer provided to the lot; the cost of which has already been paid. . Kelley said his proposal is for the easement to run down the lot line. Valek explained his plan to purchase 1/4 acre from the neighbor. Jabbour informed Valek that he must ensure that the acquisition does not result in the neighbor's property becoming substandard in size. Kelley clarified the size of the lots. The property is located in the one acre zoning district. Kelley questioned whether the acquisition was to be able to build another home. Mrs. Valek noted the lot would be improved by the additional land and reiterated the sewer stub was in and paid for. Mrs. Valek also indicated their property floods whenever it rains. The neighboring properties drain to their property. Drain tile is required on the western portion of the lot. She voiced frustration with the process of attempting to gain the 1/2 acre and the damages that have been incurred from flooding. Jabbour informed the Valek's that the City and residents have the right to the right -of- way. He suggested the 1/2 acre parcel acquisition request be separated from the right -of- way issue. He recommended the right -of -way be maintained for pedestrian use and suggested relocating the right -of -way. Goetten noted there is access to the park land from Garden Lane. 14 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14,1997 • ( #11 Valeks Request for Vacation - Continued) Jabbour opined that since the park was large in size, there should be different ways by which to access the park property rather than from one access only. Valek said he was opposed to moving the 10' easement or enlarging it as he was informed it was a utility easement. Kelley asked if the Palmer property, which is the neighbor from whom the Valek's wish to obtain additional land, has a sewer stub or is buildable. Valek indicated there was no sewer to that property. Moorse and Gaffron said they did not know. Kelley was informed that no one has spoken to the Palmer's. Kelley said if the land was purchased from the Palmer's, he would still recommend the 10' easement located on the west side of the Valek property and the driveway reconfigured. Gaffron indicated the easement was a dedicated right -of -way and would require a lot line rearrangement. It was questioned what the size of the lot would become. He indicated the .45 acre lot with sewer desiring building certification would require a variance. There would not be a need for 80% of lot size requirement as it is a lot of record. He felt the variance would probably be approved as the lot meets all standards. Jabbour moved, Peterson seconded, to direct Staff to draft a resolution to be signed by • the Mayor and sent to Hennepin County allowing the Valek's to purchase the 1/2 acre parcel. Vote: Ayes 4, Nays 0. Jabbour indicated the applicant may request a vote regarding the 10' easement vacation or could return with a lot line rearrangement. Valek said he may not purchase the property from the neighbor. He questioned how he was to handle the issue of the driveway. Mrs. Valek indicated they were informed to blacktop or cement the driveway to allow the drainage to flow away from the residence. Jabbour recommended the driveway be relocated. Valek reiterated the Park and Planning Commissions recommendation for access to the park land via Garden Lane. Goetten indicated the issue would be discussed as part of a lot line rearrangement. Moorse noted that the vacation cannot be formally acted on at this meeting. Jabbour suggested the Valek's meet with the neighbors regarding a decision to purchase additional land. 0 (Agenda Item 912 discussed below after Item 97 which follows Item #14) 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14, 1997 ( #13) PLAYGROUND EQUIPMENT UPGRADE FOR ANTOINE PARK Gappa reported the Park Commission has submitted a plan to upgrade the playground equipment and improve Antoine Park. The Commission worked with a neighborhood group on the project. Gappa presented the plan and general layout. Grading will be required to maintain a 1% slope. A handicap access will be provided. It was suggested the access be relocated from Fagerness Point Road to Corral Road and a handicap stall be constructed. Gappa indicated an additional parking stall may be added in the future. The playground equipment will be supplied by Landscape Structures and installed by Earl Anderson in the amount of $23,166. Grading will be performed by Schonning at a cost of $5,100. The City will surface with pea gravel at a cost of $2,000. The handicap path will cost $3,000. The total cost for the park improvements is $33,266. Karen Hansen, a member of the neighborhood committee, indicated the neighbors worked very closely with the Commission. She said she is pleased with the response and support shown and requested approval of the plan as submitted. She indicated a survey had been conducted regarding the equipment and the plan responds to the needs shown in the survey. She noted the current equipment is unsafe. Kelley inquired about the life expectancy of the equipment being installed. Gappa indicated 20 years. Kelley requested the land under the buildings be graded to the same level as the play field to allow for additional play area. . Kelley said he recommends access be from Corral Road. He noted the tendency for children to ride down a path and out onto Fagerness Point Road if located in that area. Peterson was informed that the property would be reseeded. Peterson moved, Goetten seconded, to authorize playground equipment upgrade for Antoine Park with funding from Park Dedication Funds, and to authorize completion of the necessary budget adjustments. Vote: Ayes 4, Nays 0. ( #14) DEMOLITION OF BUILDINGS IN ANTOINE PARK Gappa reported that the two buildings in Antoine Park present security concerns and are in a state of disrepair. These buildings were previously used for storage of City equipment are but no longer used. The buildings were found to be in non - compliance when inspected by the structural engineer and determined to not be cost effective to repair. The Park Commission has recommended removal of the buildings with demolition costs from City budget. There are future plans for a gazebo -type structure on the park property. John Weist, 1920 Concordia Street, said the buildings are an eyesore and are unsafe. • 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14,1997 • ( #14 Building Demolition in Antoine Park - Continued) The Council members agreed that the buildings presented a liability issue and favored condemnation. Peterson moved, Goetten seconded, to authorize demolition of the buildings in Antoine Park with the funding source from the City General Fund Contingency Budget. Motion to complete the required budget adjustments for funding of building demolition. Vote: Ayes 4, Nays 0. ( #7) #2224 CITY OF ORONO, 2080/2160/2190 WAYZATA BOULEVARD - REZONING ORDINANCE ADOPTION - ORDINANCE 157, 2ND SERIES Goetten moved, Peterson seconded, to adopt Ordinance No. 157, Second Series, an ordinance amending the Municipal Code of Orono by listing the legal description of certain properties within the City as rezoned from R R -1B to R -IA, from RR -1B to B -1, or from R -1 A to B-1. Vote: Ayes 4, Nays 0. ( #12) DISCUSSION OF PROJECT FUNDING FOR NORTH LONG LAKE SEWER PROJECT AND SCHEDULING OF ASSESSMENT HEARING - RESOLUTION NOS. 3881 AND 3882 • Gaffron reported that the per -unit assessment amount for the North Long Lake Sewer Project is being recommended at $14,300. Goetten inquired whether the project would include the Maresh property. The Council discussed this issue. The limited number of sewer units available was noted by Goetten. Kelley voiced favor in sewering as many properties as possible. Jabbour noted the obligation to sewer commercial properties along Hwy 12 and the school property. It was noted that the Maresh property if sewered would result in one additional buildable lot. Development of the lot would result in tree removal. Tree preservation had been noted as a major reason for the request for sewering. It was noted that, if included, Maresh would be responsible for the entire cost of sewering his property. Kelley asked how many residents outside of the specific hot spot area are currently requesting sewer. There are 10 requests in this project area. There are 55 units committed to this project; 12 units are committed to the ice arena, resulting in a remainder of 8 units of sewer capacity available in the total Highway 12 area. Jabbour directed Staff to determine a solution to the Highway 12 sewer capacity issue in the next few weeks. Jabbour voiced concern with setting a precedent in relation to which properties are included in the project. He suggested the City's original plan for sewering be maintained • and requested a comprehensive sewering plan be established. 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON APRIL 14, 1997 ( 912 North Long Lake Sewer Project - Continued) • Criteria was discussed under which additional properties would be allowed to be sewered that are located outside of the project and MUSA line. Goetten indicated the Met Council is holding meetings in May to allow cities the opportunity to indicate changes to the comprehensive plan. Goetten moved, Peterson seconded, to recommend a set amount assessed at $13,950 per unit for 55 units at a total cost of $767,250. Vote: Ayes 4, Nays 0. Jabbour moved, Kelley seconded, to establish a policy by which the total project would be divided equally between 55 units. Vote: Ayes 4, Nays 0. If the Maresh property were to be included, his cost would be at 100% or $19,000. The Council discussed the criteria by which other properties may be included in an existing project. The property must be adjacent to the existing project. If it is removed by one lot and that lot is owned by the same person, the two lots may be combined in order to allow the lot to be sewered and meet the adjacent property requirement. Council also discussed the Johnson property and other properties in that vicinity requesting hook up to sewer. • Kelley questioned the properties along West Farm Road between the two project areas. The properties which have failing systems that cannot be resolved on said property may be allowed to connect to sewer at some point in the future. The Met Council's standards will be applied for all adjacent properties, including properties larger than two acres. Properties must adjoin a sewer project and must have a failing system or non - conforming system, with no site on which to install a new septic system. Gaffron noted that the code says when two adjoining lots are owned, one lot cannot be sold if it leaves the remaining lot substandard. Radio stated that properties do not have the right to be hooked up to sewer. It is considered a privilege. If two lots can be combined for legitimate reasons, sewer may then be acquired if property adjoins the sewer project area. Gaffron indicated the cost of paving is included as part of the total assessment. Council agreed to paving of Dakota Avenue. 18 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14,1997 • #12 North Long Lake Sewer Project - Continued) Jabbour moved, Goetten seconded, to approve Resolution 93881 declaring the cost be assessed and order preparation of assessments. Vote: Ayes 4, Nays 0. Jabbour moved, Goetten seconded, to adopt Resolution #3882 setting the Assessment Hearing for Tuesday, May 6, 1997 at 7:00 p.m. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Jabbour asked for support from the City to enable the City of Mound to purchase a K -9 dog from Germany. The cost and maintenance would be shared with other contract cities. The cost is projected to be a $700 one time payment and $500 yearly maintenance. The dog will be available to all of the communities. Jabbour noted that the retiring Mound officer and dog had saved the life of an Orono police officer. Jabbour moved, Goetten seconded, to approve the contribution towards the shared cost of $700 and $500 yearly maintenance for the purchase of a K -9 dog for the City of Mound. Vote: Ayes 4, Nays 0. Kelley asked if the Council wanted to consider realignment of CoRd 19 through Orono. Jabbour indicated the City is currently involved with the CoRd 6 and Hwy 12 projects. • The Council directed Moorse to respond unfavorably to inquiries regarding the City's position on the realignment. Peterson reported viewing the operation of the new enhanced- vision camera by the Mound Volunteer Fire Department. The City of Orono contributed to that purchase. Peterson said the camera is well worth the cost. Kelley asked for an update on the EAW process for the Spring Hill Golf Club. Gaffron indicated he had a meeting scheduled for April 15 with Marshal Braman to review the comments drafted. Staff will present a recommendation to the Council on April 28. Gaffron said each comment and point will receive a response. Jabbour noted the Planning Commission will review the application based on the code. Gaffron said, while the Commission was provided information from the EAW, they will follow the codes when reviewing the application. Goetten noted a comment that Medina had approved the plan yet it was not consistent with the Met Council comprehensive plan. Jabbour said he was informed by Crosby, a representative of the applicant, that the statement was inaccurate. 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14, 1997 (Mayor /Council Report - Continued) • Moorse indicated the City of Excelsior is requesting the Orono Council approve support of maintaining the Excelsior Post Office through a resolution. This post office serves the Kelly Avenue and Lafayette areas of Orono. Jabbour indicated the Navarre business area also uses this post office. Peterson moved, Goetten seconded, to adopt Resolution #3884 expressing support for and requesting maintenance of the post office in Excelsior. Vote: Ayes 3, Nays 1, Kelley. ( * #15) EMPLOYMENT OF PART -TIME POLICE OFFICER - RESOLUTION NO. 3883 Goetten moved, Peterson seconded, to appoint Kenneth Scott Hall to the position of part-time police officer, effective April 15, 1997 at a starting pay of $11.89 hourly; and to adopt Resolution No. 3883 establishing the eligibility of the position for coverage by the State Public Employee Retirement Fund for police officers. Vote: Ayes 4, Nays 0. ( * #16) APPOINTMENT OF TEMPORARY EMPLOYEES FOR ORONO GOLF COURSE Goetten moved, Peterson seconded, to approve a pay range of $6.25 -7.10 per hour for • the seasonal golf course employees for the 1997 season and establish a maximum six month time period for employment. Vote: Ayes 4, Nays 0. ( * #17) BUDGET ADJUSTMENTS Goetten moved, Peterson seconded, to approve the 1996 General and Special Revenue Funds budget amendments as presented; and to approve and authorize a cash advance of $157,800 as of 12/31/96 from the PIR Fund Contingency Account to the Municipal State Aid Fund, to be repaid from collection of state aid, special assessments, and other funding sources. Vote: Ayes 4, Nays 0. ( * #18) SPECIAL EVENT PERMIT - BASS TOURNAMENT - DNR ACCESS MAXWELL BAY Goetten moved, Peterson seconded, to approve the Denny Nelson request for special event permit for the series of Bass Tournaments to be held at the DNR Maxwell Bay access, with the condition that if the city experiences significant problems related to the tournaments the permit may be withdrawn. Vote: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT City Attorney Radio requested adjournment to an Executive Session. • 20 U • 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 14, 1997 ( #19) HARBOR LIMITS ORDINANCE This agenda item will be discussed at the next Council meeting. ( * #20) LICENSES Goetten moved, Peterson seconded, to approve the following licenses: Firearms Use Permit Special Event Permit Vote: Ayes 4, Nays 0. ( * #21) BILLS Hennepin Parks Larry Gillette Deer Hunt at Baker Park November 29 and 30, 1997 Norwest Bank Minnesota Paul W. Maahs 17th Annual Lake Minnetonka Half Marathon Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned to an Executive Session at 10:59 p.m. The purpose of the Executive Session was to address potential litigation related to the Park Dedication fee for the Fullerton Subdivision. The Council provided direction to the City Attorney regarding resolving the issue without litigation. Gabriel bbour, Mayor ATTEST: 21