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HomeMy WebLinkAbout06-09-1997 Council Minutes• ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 91 1"7 is ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson, and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Assistant Planning and Zoning Administrator Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, City Engineer Tom Kellogg, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. (#I) AUDIT REPORT DENNIS HOOGEVEEN, REPRESENTATIVE OF MALLOY, MONTAGUE, KARNOWSKI, RADOSEVICH & CO. Chris Miller, Assistant Finance Director, was present along with Dennis Hoogeveen, who represented Malloy, Montague, Karnowski, Radosevich & Co. Hoogeveen reported that the audit process went very smoothly and was completed one month earlier this year. The report consists of a letter from the City staff to the Council and the Management Report prepared by the auditor. Hoogeveen reported that the City has again obtained an unqualified or clean report which should qualify the City for the Certificate of Achievement. • Hoogeveen presented a general review of the report noting the favorable standing of the General Fund. He noted that the City took a proactive approach regarding water and sewer rates. The report was completed in an efficient manner. Jabbour inquired how the City compares to other cities audited by the company. Hoogeveen noted that the City follows a simplified fund structure allowing the reporting to be straight forward and easily understood. Hoogeveen said the City is well run from a financial standpoint, is meeting their debt commitments, and taking a proactive approach appropriate with costs. Goetten was informed that the City has received a Certificate of Achievement each year since 1988. Flint inquired if the recent legislative session resulted in any changes that would affect the City. Hoogeveen said there was not a great deal of summarization available from the session which just ended but did not believe there would be any major impacts on the City. Kelley noted the HACA funding has had an up and down track record. Hoogeveen said he believes the trend of the fund is going to continue down but noted that the City is less reliant on State revenue sources than many cities. 14r. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 9,1997 ( #i - Audit Report - Continued) S Flint indicated the sewer operating fund had a net loss and questioned whether the addition of more sewer units would result in a reduction of the loss. Moorse indicated the additional sewer units may help to reduce the operating loss. Kelley noted that through infiltration. reduction to the system, and grant applications for specific infiltration reduction projects, the City is attempting to reduce the loss. Kelley suggested discussing this issue during budget review. Hoogeveen noted page 13 of the report shows a reduction in the loss which sets a good trend. Kelley said the trend must continue and is concerned with the low amount of depreciation. Jabbour stated that there would be less maintenance with the new sewer units. Jabbour said the Metropolitan Waste Control Commission has changed the way costs are charged. He said as sewer costs have increased, the City has taken steps to reduce sewer flows by reducing the inflow of clear water into the sewer system. One way the City is doing this is to inspect homes to ensure sump pumps are not connected to the sanitary sewer system. Flint was informed that the City does not invest in derivatives. Kelley indicated that the finance department has followed a conservative path regarding investments. Jabbour thanked Hoogeveen for his report. ( * #2) CONSENT AGENDA • Items #6, 11, 15, and 16 were added to the Consent Agenda. Goetten moved, Kelley seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES ( *#3) REGULAR MEETING OF MAY 27,1997 Goetten moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of May 27, 1997. Vote: Ayes 5, Nays 0. ( * #4) WEST NEIGHBORHOOD MEETING CONCERNING THE HIGHWAY 12 DESIGN OF MAY 27,1997 Goetten moved, Kelley seconded, to approve the Minutes of the West Neighborhood Meeting Concerning the Highway 12 Design of May 27, 1997. Vote: Ayes 5, Nays 0. L' 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 9,1997 • ( * #5) SPECIAL MEETING OF MAY 21,1997 Goetten moved, Kelley seconded, to approve the Minutes of the Special Meeting of May 21, 1997. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS No member of the Park Commission was present. PLANNING COMMISSION COMMENTS Commissioners Smith and McMillan were present to answer any questions the Council may have. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( *#6) #2216 WINSTON & BARBARA ADAMS, 3195 CASCO CIRCLE - WITHDRAW OF APPLICATION FOR VARIANCES • Goetten moved, Kelley seconded, to approve the withdrawal of Application 92216. Vote: Ayes 5, Nays 0. (#7) #2241 KYLE HUNT AND PARTNERS, INC., 1185 FERNDALE ROAD WEST - VARIANCE - RESOLUTION NO. 3913 Kyle Hunt was present. Van Zomeren reported that the property is located in the LR -IA Zoning District requiring two acres. The property has .887 of dry buildable land. The proposal is a request for construction of an exercise room under the existing deck, which encroaches 4' into the lakeshore setback, and the addition of a third staff to the garage. The Planning Commission recommended approval of the exercise room addition but denial of the side yard variance for construction of the third garage stall. The zoning requires a 30' side setback and 19.1' is proposed. The garage is currently in compliance. Van Zomeren noted that the adjacent properties do not meet the required side setback. She indicated that the building pad is impacted by the 26 separation requirement from wetlands. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 9,1997 ( #7 - #2241 Kyle Hunt and Partners - Continued) Jabbour asked if the applicant had any additional comments. Hunt reported that the - - -- - • adjacent residence to the east is within 12' of the property line with outbuilding within 2. The west side residence is within 15' of the property line. Hunt also noted that the _._ - majority of homes in the neighborhood are not in compliance with code requirements and questioned the intent of the ordinance. He reported that the residence is built on.pilings and cannot be increased upward or downward. Hunt said consideration was given to building the garage to the northwest but it would impact the 26' wetland separation and_. increase hardcover beyond the 25% allowed. -- Kelley was informed that the residence was built in 1981. Kelley said the 16i was marginal at that time and the residence was built to maximize the lot. He said the owner at that time was aware of the ordinance and no changes have occurred since that time_. Kelley said he did not support the addition of the third garage stall. Hunt was informed that the intent of the ordinance was to allow big homes built on large lots and small homes on small lots. Jabbour reviewed the purposes of the 75' setback requirement and 2 acre zoning. Goetten informed Hunt that the residences not in compliance were generally built prior to the zoning requirements. .... ....... Kelley noted that the current patio would never have been allowed and questioned whether permits were obtained for its construction. • Jabbour asked Staff to examine applications regarding code compliance and observance of proper permit procedures at time of construction. Goetten questioned where the 192 s.f of additional hardcover is located if the exercise room is located under the existing deck. Hunt said the additional 192 s.f of hardcover would be from the construction of the third garage stall. Hunt questioned whether the obstruction of views was reviewed. Jabbour and Goetten said they were familiar with the property. Peterson was informed that the view obstruction noted by the adjacent neighbor would result from the garage stall- - construction. There were no public comments. Peterson moved, Goetten seconded, to approve Resolution No. 3913 per the Planning Commission recommendation. • 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON JUNE 9,1997 • ( #7 - #2241 Kyle Hunt and Partners - Continued) Jabbour asked the applicant if he understood the terms of the resolution. Hunt said he did. He said consideration had been given regarding reduction of hardcover to conform to the 25% allowable if the garage stall was approved. Jabbour informed him if non - conforming hardcover was removed, it would not be allowed to be added in the future. Hunt asked if the hardcover was removed in the 0 -75' setback, if it could be gained in the 75 -250' setback. Jabbour said it could as long as the 25% hardcover requirement is met. Goetten informed the applicant to work with staff. Vote: Ayes 5, Nays 0. ( #8) #2182 HERBERT TERRY OLSON, 3640 BAYSIDE ROAD - VARIANCE - RESOLUTION NO. 3914 W. Olson was present. Van Zomeren reported that the 1.77 acre property is located in the LR -1A Zoning District where two acres are required. The original proposal requesting relocation of the existing garage 6 to the east was amended and existing survey represents the current proposal. Van Zomeren indicated that the property is considered a through lot requiring a CUP and street setback variance from 50' to 9' for the reconstruction of the existing • garage in its current location. The Planning Commission recommended approval with a 5:2 vote. Jabbour questioned what the hardships are for the proposal. Van Zomeren indicated the hardships are the through lot status and the topography of the property. Van Zomeren noted Exhibit I, the cost estimate to relocate the garage, was recommended by the Planning Commission for Council review. The contractor's cost estimate includes excavation and paving at an additional cost of $7,000. Jabbour asked if the reconstruction of the garage would be on existing foundation. Van Zomeren said it would include a new foundation but located in the same spot. Goetten noted the steep topography. Van Zomeren reported that a neighboring resident said the neighbors preferred the proposed garage location to minimize lake view impact. Olson had no additional comments. Jabbour asked the applicant if he had any problems resulting from the use of the City property bordering OIson's on the lake. Olson said he had very few problems. 0 There were no public comments. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 9,1997 ( #8 - #2182 Herbert Terry Olson - Continued) Goetten moved, Peterson seconded, to approve Resolution No. 3914. Vote: Ayes 5, • Nays 0. (#9) SAGA HILL SUBDIVISION Barrett voiced concern with approval of a resolution by the City who is not holder of fee title to the property noted. He said fee holder (State of Minnesota) consent was required. He also indicated the City does not have the right to convey property that is not owned by the City. He suggested the County may acquire designation of ownership from the State. Jabbour said the City should facilitate the subdivision and conveyance of the property and asked Moorse to bring the resolution back to the Council as soon as possible. Barrett said he would assist in the process. Gaffron indicated the resolution requires revision of the statement regarding City's release of property for sale to adjacent property owner. Jabbour moved, Kelley seconded, to table the application to the June 23, 1997 Council meeting. Vote: Ayes 5, Nays 0. ( #10) ACCESSORY STRUCTURES Gaffron reported that the City is receiving more and more applications regarding the addition of plumbing to accessory structures. The concern is with the amenities resulting in structures that could become accessory dwellings. Gaffron reviewed the policy issues as noted in the memo: 1) What plumbing fixtures should be allowed in an accessory building without Council review? 2) At what level of plumbing does an accessory structure have the potential for secondary dwelling use or non - residential use? 3) When is a restrictive covenant an appropriate alternative to a guest house CUP? Does the Council wish to review /approve all restrictive covenant situations? Gaffron noted a separate but related issue involves the sewer unit assessment policy relating to accessory buildings with plumbing. Jabbour asked for Staff s view of what is considered an accessory structure and how to avoid such a structure resulting in property becoming a multi - dwelling property. Jabbour said he was concerned with preventing uses that should be allowed. Goetten suggested using lot size as the criteria. 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NNE 99 1997 • (#10 - Accessory Structures - Continued) Kelley said he was concerned with defining the code to meet the few exceptions presented. He asked that there remain room for discretion while preventing two housing units on properties. Kelley noted the code does not allow for two housing units and questioned why such use cannot be stopped if discovered. Gaffron noted that the City is also receiving requests for use of accessory structures for home occupations, which currently is not allowed. Kelley said property owners should be allowed reasonable use of their property. Goetten suggested the Planning Commission review the issue. Gaf ron indicated the scheduled Planning Commission work session on home occupation licensing could also include a review of plumbing in accessory structures. Sandra Smith noted that these issues have been discussed by the Planning Commission with no conclusion and agreed the issues need to be studied. MAYORWOUNCIL REPORT • Jabbour complimented Staff on their professional financial reporting and use of team work. He noted the direct benefit to the City. • Jabbour noted viewing dead or dying vegetation on public accesses during the Park Tour. He indicated the DNR is working on this problem. Kelley said the Public Works Department is also making improvements in Orono`s parks. Jabbour directed Staff to add black dirt to create a usable play field in Crystal Bay Park in the fall. Peterson asked that cost estimates be obtained. Gappa indicated that it would take a few hundred loads of dirt to remedy the problem but would review it. Kelley said by fail the Council should have a good understanding of where the budget stands regarding expenditures and revenue and asked that the costs be kept in line with the budget. Goetten asked Moorse to send a letter of congratulations to Tim Pattrin as the new Chair of the Lake Mnnetonka Communications Commission. Council agreed that Pattrin is doing an excellent job. Jabbour asked Moorse to inform JoEllen Hurr of the upcoming public access grand opening. 7 U/ MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 91, 1997 (Mayor /Council Report - Continued) • Flint asked what the next step is in the Spring Hill Golf Club construction process. Gafron said the developer's agreement has been drafted and has been signed by Andy Hunter. Improvements steps have begun. Tree cutting and moving has started. The land alteration permit was issued on this date. A pre - construction meeting is scheduled for Thursday of this week. Jabbour said Hunter complimented the City on their thoroughness in reviewing the application. Gaffron said the last issue for resolution is the trail agreement. Flint was sent the proposed agreement for his review. Kelley questioned whether the City has received information on the Orono Golf Course infringement on a neighboring property. Moorse said he is reviewing the issue. Jabbour asked Staff to work with Cliff Otten on the ingress/egress problem. Gappa said a change order would be presented at the next Council meeting. He has asked the bike trail contractor to present estimates for completing the project. Jabbour said he appreciated the immediate action taken by the Public Works Department. ENGINEER REPORT (* #11) ENGINEER SCOPE OF SERVICES FOR NORTH FERNDALE ROAD • PLAN Goetten moved, Kelley seconded, to approve the May 1997 proposal for engineering services from Bonestroo and Associates for the North Ferndale Road Improvement project. Vote: Ayes 5, Nays 0. ( #12) NORTH LONG LAKE/LONG LAKE COUNTRY CLUB ADDITION SEWER PROJECT EASEMENT - EMINENT DOMAIN - RESOLUTION NO. 3915 Jabbour asked that due process be followed. Gappa noted that the digging and laying of sewer pipe began on this date. Gappa reported that the Anderson's have made a formal appeal to the district court regarding their assessment. A new septic had recently been installed on the property. Gappa said he spoke with Mr. Anderson regarding the easement to allow the sewer to serve the Gardener property to the north. Anderson is unwilling to approve the easement since he has appealed the assessment and is concerned that approving the easement may affect his rights regarding the assessment appeal. Anderson asked that Gappa contact his attorney. Gappa said he discussed with him that eminent domain proceedings will begin and the easement and assessment appeals will be worked out. • 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 9, 1997 ( #12 - North Long Lake/Long Lake Country Club Addition Sewer Project Easement - • Continued) Jabbour noted that the City will use the 90 day quick take process. He asked if there would be any impact from this on the sewer project. Gappa said there would be no major impact but possibly remobilization later on. A cost increase may occur. Goetten asked what the Anderson's objection is to the easement. Gappa said Anderson was unwilling to sign the easement document since he is appealing his assessment. Goetten asked if there would be any difference if no objection had been made. Gappa said Anderson said he would have signed the agreement if it would have held up the sewer project. Barrett said the rights of legislation would not prejudice Anderson's appeal of the assessment. He was asked to contact Anderson's attorney to discuss this issue. Jabbour moved Kelley seconded, to adopt Resolution No. 3915 and to direct staff to proceed with the 90 -day quick take process and notify Mr. Anderson and his attorney that the easement would not prejudice his appeal of the assessment in attempting to resolve the easement issue. Vote: Ayes 5, Nays 0. CITY ADMI IISTRATOW S REPORT • ( #13) REQUESTS FOR SEWER SERVICE OUTSIDE THE MUSA LINE Moorse presented information to the Council regarding requests for sewer service outside the MUSA line. Meanwhile, Moorse asked if an extension should be given to those residents in the Shoreland District outside of the MUSA line who are in need of replacing their septic systems. The extension period would allow time for the City to determine whether additional areas will or will not be sewered. The Attorney will be asked for his legal opinion regarding the 2 acre minimum zoning for sewering. Jabbour suggested a work session be held with members of the Metropolitan Council. Kelley noted the issue was of great importance and supported providing the residents with an extension. Jabbour said the extension should be tied in to the Council's discussion of the issue. Council agreed. Gaffron suggested a formal document be presented regarding provision of an extension to the time frame for septic repairs. Jabbour asked Staff to analyze the properties of Mr. Johnson and Mr. Maresh, and • determine any differences in terms of the extension of the sewer to serve the properties. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 9,1997 ( #I3 - Requests for Sewer Service Outside the MUSA Line - Continued) ked if the State le islative session resulted in any changes that would affect this • Kelley as g+ issue. Gaffron said he received information that a faction within the legislature apparently wants existing systems to have to meet only the 2' separation. Moorse said he received a copy of a bill being presented in the legislature from Senator Gen Olson. (#14) SCHEDULE TIT WORK SESSION Goetten asked when the consultant would be available for a work session. Jabbour expressed concern with providing public funding for private ventures. He noted low income housing is a possibility but suggested the private sector could make that provision. Kelley said he objected to TIF. He said he was not in favor of public funding of private projects and is concerned with losing businesses that have long been established. He cited an example of such a problem existing in a neighboring community. He is concerned with the outcome of TIF. Jabbour agreed with Kelley. He questioned if City improvements were made with TIE and what would occur once the TIF expired. He questioned where the funding would come from. He suggested the possibility of TIF for a specific project that would. cease • when the project ended. Jabbour suggested discussions be held regarding the issue. Kelley asked that the first meeting be an explanation of what TIF is and how it works. He is concerned with abuse of such financing and noted problems with inadequate record keeping as noted in the auditor's management report. Moorse said the concern expressed by Kelley is the reason he suggested a work session be held with a consultant to learn what TIF is and how it works. Goetten agreed with the need for a work session with the consultant. Flint said he would like to receive more information. He also is concerned with new development squeezing out the old established businesses. Jabbour noted that the City does subsidize TIF districts in other communities, since the incremental taxes that would be paid to the School District are offset partially by higher taxes on Orono property. He reiterated the possibility of TIF for specific projects. Moorse will contact the consultant to determine a date for the work session. 0 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 911997 ( * #15) LIN VEE POSITION RECLASSIFICATION AND PAY ADJUSTMENT Goetten moved, Kelley, seconded, to approve the reclassification of the Deputy Clerk/IS Assistant position to level 6 of the City's compensation plan and to increase the pay rate for Lin Vee to $16.44 per hour effective January 1, 1997. Vote: Ayes 5, Nays 0. ( * #16) GREG GAPPA SALARY ADJUSTMENT Goetten moved, Kelley seconded, to approve a pay increase for Greg Gappa to an annual salary of $54,800. Vote: Ayes 5, Nays 0. ( #17) LOCAL PERFORMANCE AID CERTIFICATION Moorse reported having received an update letter and certification form which has added new language. He indicated the City would not be able to make certification at this time. Jabbour moved, Peterson seconded, to table the Local Performance Aid Certification to the June 23, 1997 Council meeting. Moorse reported that the LMCD has requested the City to review the proposed 1998 LMCD budget, and to indicate whether a public hearing should be held. He suggested the issue be discussed at the June 23 Council meeting. • Jabbour agreed that a public hearing should be held. He asked Moorse to notify the LMCD of the City's opinion that they be required to hold a public hearing regarding their budget to allow public input. Jabbour moved, Peterson seconded, to request the LMCD hold a public hearing regarding the LMCD budget. Vote: Ayes 5, rays 0. Moorse updated the Council regarding the options for interim sewer capacity. He reported that approval has been received from the Met Council to use the metro interceptor on Highway 12. Jabbour expressed his appreciation of a job well done regarding the above request. He also noted the excellent performance on CoRd 6. He noted the bids for the County Road 15 improvements have been received by the County and are extremely higher than estimated. It was noted that the County has not yet received railroad approval. Moorse reported that the cities within the MCWD have scheduled a meeting to discuss concerns regarding the MCWD and its requirement. CITY ATTORNEY'S REPORT • City Attorney Barrett had no report. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 9,1997 ( * #18) LICENSES Goetten moved, Kelley seconded, to approve the following license: Vote: Ayes 5, Nays 0, Initial Home Occupation License: Jan Gillquist 993 Wildhurst Trail ( * #19) BILLS Goetten moved, Kelley seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT Mayor 3abbour adjourned the meeting at 8:35 p.m. ATTEST: ,*-)no UBorothy M. MnCity Clerk C 'el Tabbour, Mayo 12 0 r1 LJ 0