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HomeMy WebLinkAbout02-26-1996 Council MinutesORONO CITY COUNCIL MEE'T'ING MINUTES FOR FEBRUARY 26, 1996 • ROLL The Council met on the above mentioned date with the following members present: Mayor Edward Callahan, Jr. and Council Members J. Diann Goetten and Gabriel Jabbour. Council Members, Charles Kelley and JoEllen Hurr, were absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, Public Works Director John Gerhardson, City Engineer Glenn Cook, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items #4, 5, and 6 were added to the Consent Agenda. Goetten moved, Jabbour seconded, to approve the Consent Agenda as amended. Vote: Ayes 3, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF FEBRUARY 12, 1996 Goetten moved, Jabbour seconded, to approve the Minutes of the Regular City Council • Meeting of February 12, 1996. Vote: Ayes 3, Nays 0. PARK COMMISSION COMMENTS Park Commissioner McDermott reported that the Commission was working on revising the master park plan. He noted, with Council's approval, a student intern would assist with the park descriptions. McDermott said the Commission would like to consider taking land instead of the Park Dedication Fee on the Johnson application requesting the land to be taken abut the Saga f ill property. PLANNING COMMISSION COMMENTS Hawn was present but had no report. PUBLIC COMMENTS There were no public comments. • MINUTES OF THE REGULAR ORONO CITY COUNCIL y MEETING HELD ON FEBRUARY 26,1996 ` ZONING ADMINISTRATOR'S REPORT • ( #3) OBERHAUSER - STATUS REPORT OF REMOVAL OF BOARDED UP STRUCTURES Mabusth submitted a written status report on the Oberhauser property. Oberhauser's secretary informed Mabusth that a 2 week notice was needed for the burn and, therefore, it is now scheduled for March 2. The secretary said arrangements have been made with the Valek Company to remove all debris from the burn. If the burn does not take place, Oberhauser will be requested to attend the March 11 meeting of the Council. Attorney Barrett was requested to begin legal action if the structures were not burned on the scheduled date and to update the Council at the March 11 meeting. Goetten asked to be notified of the outcome of the burn date. ( 44) #2104 B. SCOTT BALL, 1065 WEST FERNDALE ROAD - VARIANCE - RESOLUTION #3683 Goetten moved, Jabbour seconded, to adopt Resolution #3683, granting lot area, lot width, and average lakeshore setback variances to B. Scott Ball of 1065 West Ferndale Road for construction of a new single family residence to replace the existing residence structure. Vote: Ayes 3, Nays 0. ( * #5) #2106 WILLIAM AND LAURA STODDARD, 2605 KELLY AVENUE - • VARIANCE - RESOLUTION #3684 Goetten moved, Jabbour seconded, to adopt Resolution #3684. Vote: Ayes 3, Nays 0. ( * #6) #2111 T. J. BIEKER, 2440 OLD BEACH ROAD - CONDITIONAL USE PERMIT - RESOLUTION #3685 Goetten moved, Jabbour seconded, to adopt Resolution 93685. Vote: Ayes 3, Nays 0. ( #7) ZONING AMENDMENT, SECTION 10.20, SUBD. 3 Gaffron reported that the City has determined that the indoor ice arena use does not fit in the current conditional uses allowed within the residential zoning districts but would be appropriate in the residential code as a conditional use permit under the school use. The Planning Commission and Staff reviewed the options for an ice arena as a separate use under the school use. They propose an amendment to the R1A residential district conditional use section of the "school" use to allow an ice arena on property owned by the school, to be listed under the conditional use section as an accessory use to the school use. The proposed arena is being considered for a property leased from the school. 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL, MEETING HELD ON FEBRUARY 26, 1996 • ( 97 Zoning Amendment - Continued) Gaffron said the Planning Commission feels performance standards should be attached to the ice arena use. Staff recommended standards be established in order to control any adverse impact on the adjoining residential property. The Planning Commission agreed that the ice arena use should be considered an accessory use to the school. It was recommended that the amendment be confined to just the ice arena and that this use require a conditional use permit. The Planning Commission did not feel it was critical that the arena be on the same tax parcel as the school but only on property owned by the school. Staffs recommendation was that the arena should be located on the same tax parcel as the principal high school use. Gaffron continued explaining that the Staff proposal for setbacks would not allow a building to be less than 100' from an abutting residential lot line. The standard for the school use is now 50' from any residential lot line. The existing code under the conditional use section lists a category including clubs and camps that has a 100' setback for any structures. Given the different types of uses, Staff recommended a 100' setback guideline with the provision that if the Council should find conditions allowing a lesser setback that tlus be allowed via a variance. Uattron noted it is ditilcult to ask a developer to maintain a stricter guideline than is called for in the code. • Another addition to the proposal was that all facilities should be owned or operated by the school or under a land lease arrangement between the school and a non -profit organization with final review and approval by the Planning Commission and Council. Staff questioned whether the Council would want final approval of the lease as recommended by the Planning Commission. The notation was added by Staff, but not reviewed by the Planning Commission, that the facility could not be separated from the school itself by any public roadway, but must be accessible to and on the same property as the school. Callahan asked whether the provision that the facility be located on the same tax parcel has the same effect as not allowing any public road between the school and facility. Gaffron said the concern was that the County tax office had the ability to combine parcels across public roads and could negate that restriction. Mark Engebretson of the Orono Hockey Boosters Association commented that the Planning Commission recommended that no setback be listed in the amendment but elected to make the setback a part of the performance standards, which his organization preferred. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 26, 1996 ( #7 Zoning Amendment - Continued) • Callahan asked that the performance standards note that the Council would not need to have final approval of the lease but have the ability to look into the financial circumstances surrounding the lease. Barrett said it would be difficult under the conditional use because an applicant would either be allowed the use or not allowed the use. He noted that the CUP could be revoked if the entity could not operate under the lease agreement. Barrett also noted, that although financial conditions could be reviewed, financial conditions do change. Jabbour commented that it would be unrealistic to remove a conditional use permit after a building is constructed. Callahan said he did not wish to see a building only partially built due to financial problems and asked if the review or issue of the CUP could be tied into the non -profit organization obtaining a certain percentage of the necessary funds upfront so as to eliminate a large debt being inherited once the building was complete. When asked if financial requirements could be part of the performance standards, Barrett said performance bonds could be required as part of the CUP to demonstrate in a measurable way that a developer would complete the construction of a building. Jabbour commented that although the City was considering a certain proposal, the drafted ordinance amendment could accommodate other organizations, and he sees the need to require 75 -801/o of the funds be raised prior to the issuance of the CUP. Gaffron said this could be accomplished through the conditional use application review. • Jabbour noted that restrictions being proposed were more restrictive than is currently allowed on the specific school property. Jabbour preferred a 50' setback requirement and to treat the accessory use similar to a commercial site with buffering and landscaping. With reference to the particular proposal, Jabbour did not feel the requirement should be twice as restrictive considering the soils on the property; such a restriction could result in placing an undue burden on the building location. Callahan commented on the Hockey Association application being suspended due to the need to amend the current code. Mabusth said it had been conceptually reviewed by the Planning Commission. Callahan said the proposed ice arena should be on the particular school site proposed and not on any other site as has been previously discussed. He, therefore, said the amendment should note the particular location and add the stipulation that no public road separate the facilities. As to the section regarding profit or non -profit organization, Callahan said the proposal was being considered by a non -profit group to free itself from paying any real estate taxes and should be left as written. Jabbour said it should be noted that the City has been associated: with many non -profit organizations and has benefited greatly from these relationships. • 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 26, 1996 (47 Zoning Amendment _ Contini,Pd) • Callahan moved, Goetten seconded, to amend the zoning code Section 10.20, Subd. 3(A) Schools in line with Staff recommendations with the exception that a performance standard require that 80% of funds be raised prior to the issuance of the conditional use permit and require a 50' setback from any abuting residential lot line. An application can be discussed at the Planning Commission but funds must be shown to be available before an application can go before the Council. The ordinance will be brought before the Council in its final form. Vote: Ayes 3, Nays 0. MAYOR/COUNCEL REPORT Callahan commented on the receipt of a letter from Long Lake to the Metropolitan Council regarding the request by Orono for the amendment to the comprehensive plan for extending the MUSA. Moorse said the Met Council's only issue in their feedback, which requires a response, relates to sewer capacity. They are concerned whether there is sufficient capacity as some of Orono's sewer flows through the trunk lines of Long Lake and on to the metro lift station. Jabbour said he could not understand Long Lake's response as the areas proposed for sewer protect Long Lake. He also questioned why an amended transportation plan • involving Hwy 12 would be a stipulation of gaining additional sewer units. Moorse said a meeting is scheduled with the City Administrator of Long Lake on February 27. L� Jabbour asked Barrett to research the ability and authority of the City to contribute monies from the tax levv for athletic groups and other aroups. such as the LMCD. or if this was outside the parameters of the tax levy. Barrett will Toward a letter responding to this request. ENGINEER REPORT ( #S) CHANGE ORDERS Moorse outlined the change orders resulting in additional costs to the MSA projects in 1995, specifically, the North Brown Road reconstruction and the Watertown culvert replacement. A memo from Moorse lists the specific costs and explanations, along with a Est of measures to be taken on future projects to enable the City to identify all potential costs as part of the process to avoid overruns. Lt' any additional charges do apse, the procedure would require the Council's immediate attention. MINUTES OF THE REGULAR ORONO CITY COUNCIL, MEETING HELD ON FEBRUARY 26, 1996 ( #8 Change Orders - Continued) • Cook explained that the cost overruns resulted from easement acquisitions and were not construction related. Callahan informed Cook that money was spent without the proper authority to do so. Cook agreed. He pointed out the good history of cost control in construction related costs by Bonestroo as well as the initial feasibility study noting the possibility of easement costs. Goetten said her concern was that the additional cost was never shown for approval or disapproval. Callahan said the contract calls for approval of any changes to the contract. Cook emphasized that there was no attempt to hide any costs and the easements costs were the reason for the overrun. Cook agreed that approval should have been obtained. Cook noted the success of the two projects. He said he had no problem with the pr000sal from Moorse or the need to Bain aourovals. He added that the easement costs were negotiated in good faith for the City. Callahan agreed but noted the overpayment in Change Order No. 2 did not result from easement costs. Jabbour said when changes in cost occur, they should then be brought up at a work • session, if it occurs between Council meetings, and before the money is actually spent. Callahan moved, Jabbour seconded, to approve Change Orders 1 and 2 to the Brown Road Reconstruction - SAP 152 - 107 -01 and Watertown Road Culvert - SAP 152 -103- 01 Projects, in the amounts of $37,842.00 and $44,041.65 respectively. Vote: Ayes 3, Nays 0. ( #9) HIGHWAY 12 TRAFFIC SIGNAL AGREEMENT AND PAYMENT Moorse reported that this agenda item consists of two items relating to the semaphore at Hwy 12 and Willow Drive and the safety improvement to Hwy 12. The final cost for the semaphore, which is being recommended for payment, is $37,576. The safety improvement cost is $143,874 based on an estimate by Mn/DOT, which is close to, but not the final cost of the project. Mn/DOT is requesting that this amount be paid. Staff recommends payment of $135,000, which was the amount agreed upon as the City of Orono's cost amount. Callahan moved, Goetten seconded, to approve payments to Mn/DOT-in the amounts of $' )7,542.96 for the Willow and 12 semaphore and $135,049.58 for the Highway 12 safety improvements, to be funded from the MSA fund in the amount of $148,942.54, and from the PIR fund in the amount of $23,650. Vote: Ayes 3, Nays 0. • 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 26, 1996 CITY ADMINISTRATOR'S REPORT • ( #10) VALEK PROPERTY PARK ACCESS RIGHT -OF -WAY Moorse reported that the discussion relates to the 9 -1/2 acre tax forfeit parcel. The Valek's requested that a 1/2 acre be added to their property, which the Council had indicated agreement to, with the condition that the City retain and relocate a piece of right of way through their property to gain access to the tax forfeit parcel. Moorse said the Valek's ask that the right of way not be retained. Mr. Valek said he has never been interested in seeing an access go through his property to the park land. He believes the right of way to be a utility easement, and was told so by Jeanne Mabusth as well as being so designated on his abstract. Now he is concerned that the right of wav is being shown as a bike trail. Callahan asked Valek why he should be given the property without compensation. Valek said he had shown his hardship and would be willing to pav the 8% park dedication fee and pay for the land. Callahan said he had no objection to the land being acquired from the County by Valek but the City was not in the position to act on the property at this time. Callahan said he would need to have proof of an adequate access to the park land before any further • decisions are made. Jabbour was informed by Gaffron that the 10' right of way was a dedicated public right of way, which was donated and dedicated as an alley in 1891, and which has not been vacated. Jabbour agreed with Callahan that an access must be maintained to the park land. • A potential optional access has recently been proposed by the Fairview Church through its property. It has not yet been determined if adequate access is available or if arrangements are feasible. Gaffron noted this would require an easement from the church. Mr. Valek said the County has told him the 1/2 acre has no ties to the park property disposition. Mrs. Valek asked if the Citv obtained reasonable access. would the council be willing to split off the 1/2 acre parcel. Callahan said it was possible if agreement could be made between the County and City and the Valeks. He asked the Valek's to continue working with Staff, adding that consideration would be given to releasing the 1/2 acre when access to the park land has been gained, but where that access will come from has not yet been determined. Callahan reitereated that the City is awaiting the County's decision on the disposition of the tax forfeit parcel. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 26,19% ( #10 Valek Property Park Access Right of Way - Continued) • Jabbour reminded the Valek's that even when the access has been determined or any approval has been made to grant the Valek's the 1/2 acre. all codes still need to be adhered to in order to subdivide the 1/2 acre from the rest of the parcel. Valek said he would prefer the City gain access through the church property. Dallas Jenson, representing church pastor, Dennis Poole, was present. He presented a letter from Fairview Church formally noting their willingness to discuss a possible easement. Jenson said the church had related questions as to who would pay for the survey and other costs involved. Mrs. Valek commented that Staffs request for 20' of their land was land not on their principal lot but an additional lot with a separate sewer stub. She was concerned that an easement would affect the status of that lot. Mr. Valek noted that discussions are moving in the right direction. ( #12) VOLUNTEER COMMISSION APPOINTMENTS Moorse outlined the recent and upcoming expiration dates of the terms of several Park and Planning Commissioners. The first step in the process to fill any vacancies is to identify any reappointments and then advertise those needing to be filled. Callahan asked • Moorse to contact the Commissioners affected to determine their continued interest in serving. The Council agreed that the Planning Commission vacancy should be advertised immediately to alleviate the problem of achieving a quorum at their meetings. Jabbour also suggested that the Planning Commission be considered for two meetings a month, esvecially in February. March, and April, to eliminate any undue hardship on applicants. This would also even out the number of zoning applications on the Council's agenda. Callahan noted the importance of a system being in place in order to ensure the City's conformance with the 60-day rule, and asked that Staff check if the format was being properly handled. If extensions are required, it was reported that they need to be in writing. The Citv Attornev agreed to develop a proper form for such extensions. ( #12) SAGA HILL TAX FORFEIT PARCEL UPDATE Moorse reported that the City is meeting with the County staff on February 29 to confirm the City's interest in obtaining the full tax forfeit parcel and to relay the concerns that have been voiced. He noted the receipt of a letter from the Saga Hill Preservation Society requesting a resolution be adopted and taken to that meeting to reconfirm their interest in preserving the area as open space. U + MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON FEBRUARY 26, 1996 ( #12 Saga Hill Tax Forfeit Parcel Update - Continued) • Patti Affeldt said the group would like to see two changes made to the original resolution. It was their reauest that the Citv Staff and the Citv Attornev both work to obtain the conveyance of the property to the City of Orono and asked that the Saga Hill Preservation Society be included in all discussions. • The Council members voiced their disapproval of these changes. Jabbour noted the difficulty in coming to decisions with a third party being involved. Goetten added that if the Council is in need of the City Attorney's advisement, they will ask for it. Callahan said he was opposed to passing a resolution but was interested in bringing the matter to a head. He noted that he would like to see progress made on the negotiations but is not willing to pay for the property. Callahan said the Council does not wish the matter to go on indefinitely and are asking Staff to reach some conclusion with the County at the upcoming meeting. Moorse commented that the County funds their tax forfeit department through these parcels. Jabbour reported that the mechanics are in place for the County to give land to a public entity if they so desire. Jabbour asked the City Attorney if the City had any rights towards the parcel. Barrett said the statute states that when a property goes tax forfeit, it reverts to State ownership. The County handles the administration for the distribution of the land and determines the best use of the land, whether public or private. It can be sold private on a first come, first serve basis, or conveyed by deed to a government entity for authorized public use. The County Board makes a recomendation, along with input from the City, to the Commissioner of Revenue, who makes the ultimate decision on the disposition of the property. Barrett said when he spoke with the County, they requested a progress report on the Saga Hill Preservation Society's fund raising. He asked if there was any update. Jabbour noted that these were separate pieces of land. Callahan said it was his view that the tax forfeit land be obtained at no cost to the City. The City did apply for a separate grant to aid the Saga Hill group in raising funds to obtain the adjacent and contiguous piece of property. Jabbour said the City would look most favorably into receiving the tax forfeit land if the Saga Hill group were successful in their attempt to acquire the adjoining parcel for open space. Patti Affeldt reported that the group is confident that they will succeed. She noted their recent alliance with the American Swedish Institute in assisting their fund raising efforts. A couple of grants were said to have been received by the group. Irene Silber said the group preferred not to disclose details of their fund raising at this time. Jabbour said it was impossible to make plans without knowing the status of their fund raising efforts. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 26,1996 CITY ATTORNEY'S REPORT • City Attorney Barrett requested an Executive Session to discuss pending litigation. ( * #13) LICENSES There were no license applications under consideration. ( * #14) BILLS Goetten moved, Jabbour seconded, to approve payment of the All Funds Account. Vote: Ayes 3, Nays 0. ADJOURNMENT Mayor Callahan adjourned the meeting at 8:32 p.m. E rd J. Callahan, Jr., yor Gabriel Jabbour, Acting Mayor ATTEST: • 10