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HomeMy WebLinkAbout07-22-1996 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR JULY 22, 1996 • ROLL The Council met on the above mentioned date with the following members present: Mayor Edward J. Callahan, Jr., Council Members J. Diann Goetten, Gabriel Jabbour, JoEIlen Hurr, and Charles Kelley. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, City Engineer Glenn Cook, Building and Zoning Administrator Jeanne Mabusth, Assistant Zoning and Planning Administrator Michael Gaffron, Public Works Director John Gerhardson, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. ( * =1) CONSENT AGENDA Item 92 was removed from the Consent Agenda. Items #6, 7, and 12 were added to the Consent Agenda. Jabbour moved, Hurr seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES ( #2) REGULAR MEETING OF JULY 8, 1996 • The Minutes were amended in Item #6, Application 92134 for Rob Albrecht. Goetten asked that the minutes clarify her statement that it be made clear that no further hardcover would be allowed on this property in the future and that the property had reached its hardcover limits. Goetten moved, Jabbour seconded, to approve the Minutes of the Regular City Council Meeting of July 8, 1996, as amended. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Commissioner McMillan informed the Council that the Commission is looking forward to receiving input and direction regarding the Park Master Plan. A work session is scheduled for Tuesday, July 30. Jabbour asked that Gaffron read the draft of the Park Master Plan and give his comments to the Council. PLANNING COMMISSION COMMENTS No member of the Planning Commission was present. PUBLIC COMMENTS • There were no public comments. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 22, 1996 ZONING ADMINISTRATOR'S REPORT • ( * #3) #2025 MICHAEL PLANK, 4115 WATERTOWN ROAD, FINAL SUBDIVISION - RESOLUTION #3741 Jabbour moved, Hurr seconded, to adopt Resolution 43741 of the plat of Maple Place Second Addition. Vote: Ayes 5, Nays 0. ( #4) #2134 ROBERT ALBRECHT, 1810 SHADYWOOD ROAD - AFTER -THE- FACT VARIANCE The applicant was present. Gaffron reported that the Council at their July 8 meeting had conceptually approved an after- the -fact hardcover variance. A draft resolution with conditions and requiring appropriate after - the -fact fees was presented to the Council with the advisory that the property had reached its hardcover limit. Gaffron referred to the resolution, item #3 on page 4 of 6. The applicant had no further comments. Goetten asked that the resolution be clear in its language regarding no further hardcover on the property and asked the attorney to review it. She questioned whether the language was as forceful as it could be. She noted that the July 8 minutes lacked her notation that no further hardcover would be allowed on the property and the property has • reached it hardcover limits. She asked that the minutes be amended to reflect this. Barrett said the draft did attempt to say what was intended but was not presuming to bind a future Council as it did not have the authority to do so. Goetten asked that the resolution be made clear that this Council is against any additional hardcover in the future. Barrett suggested the draft be amended to state, "This Council recommends that no further hardcover variance be granted on this property." Kelley asked if it was the intent of this Council not to approve any future hardcover variance for this property or for increases to hardcover. He noted that the property owner may need a variance in order to switch or trade structure. Jabbour asked that it be worded so the intended change would not require the applicant coming back again before the Council. Goetten responded that the resolution should state that there should not be any increases to hardcover. Callahan said it was not his intent to vote in favor of the approval resolution and a vote may be in order. Kelley noted that the applicant's attorney was not present; and if the vote were such that the resolution be denied, he suggested the application then be tabled. 0 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 22, 1996 • (#4 - #2134 Robert Albrecht - Continued) Jabbour moved, Kelley seconded, to approve the resolution as presented with the change in language wording as noted. He noted, if the motion were to fail, the next motion would be to table the application. Hurr asked if there was any time frame to which the hardcover restrictions would be limited. Gaffron said no time frame was set but it could be. Hurr said, if the motion were to pass, she would recommend a time frame be indicated. Vote: Ayes 2, Kelley, Jabbour; Nays 3, Goetten, Callahan, Hurr. Motion failed. Jabbour moved, Callahan seconded, to table the application to allow the applicant to consult with his attorney in respect to the denial action. Vote: Ayes 5, Nays 0. The application is tabled to the August 12 meeting of the Council. ( #5) #2136 GREENFIELD CORPORATION, 180 NORTH SHORE DRIVE WEST - PRELIMINARY SUBDIVISION - SECOND AMENDED PLAN Laurie Lundeen and Mark Gronberg were present. Lundeen asked the Council members if they had been on the site.. Goetten said she has been there but not actually walked it. Kelley said he had been there many times. Jabbour and Callahan have also visited the site. Mabusth reported that the applicant has provided an amended plan based on recommendations made by the Council. The original plan proposed a private road with • cul -de -sac, and the first amended plan proposed a configuration of private road with driveway outlot. The second amended plan proposes a 30' wide driveway outlot to serve lots 1, 3, and 4 only. There are no lot width variances required with the amended plan. The owner of Outlot C, Bayview Farms, Second Addition, has been advised of the change. A private driveway for that subdivision would be intalled within outlots B and D. Callahan asked if the Staff had any problems with the proposal. Mabusth responded that the current proposal will not require lot standard variances. She also responded to a previous concern of the Council on why the Staff was so concerned with a road outlot being dedicated within this plat. Mabusth said the northeast access would serve as besty access for a future N/S through road. This was the City's opportunity to plat sections of a future road when surrounding properties are developed. Access from the west would benefit Waukman, as he too would be able to maintain views to lake and open space areas. Waukman was informed of this agenda item on the meeting and asked to attend if he had further concerns. Jabbour asked how this applicant could be expected to carry forward with the needs of another development. Staff responded that this is the basis for planning for future needs. It is Staffs responsibility to address these issues. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 22, 1996 ( #5 - 92136 Greenfield Corporation - Continued) • Goetten noted that the proposal still results in the same lots. Jabbour thanked Goetten for insisting on no variances. Goetten said she felt the proposal was still gerrymandered. She also noted that the Staff memo did not address her concerns regarding the configuration of the lots, and it should have. Hurr moved, Jabbour seconded, to approve the six lot plat as amended per revised drawings dated July 12, 1996 by Mark S. Gronberg. Vote: Ayes 4, Nays 1, Goetten. When asked, Lundeen said she was happy with the results as they were as they originated had wanted. ( * #6) #2137 WILLIAM DUNKLEY, 2709 WALTERS PORT LANE - DENIAL RESOLUTION #3743 Jabbour moved, Hurr seconded, to adopt Resolution #3743 denying variances to Municipal Zoning Code Sections 10.03, Subd. 14(C); 10.22, Subd. 1 & 2; 10.55; Subd. 8; and 10. 56, Subd. 16(L) - File #2137, William and Susan Dunkley, 2709 Walters Port Lane. Vote: Ayes 5, Nays 0. ( * #7) #2148 WAYNE M. HOLMES & JACKIE DAHL, 1390 PARK DRIVE - VARIANCE - RESOLUTION #3744 • Jabbour moved, Hurr seconded, to approve Resolution #3744. Vote: Ayes 5, Nays 0. ( #8) MELANIE ROSE, 1020 BROWN ROAD NORTH - REQUEST TO WAIVE SURVEY REQUIREMENT The applicant was not present. Moorse said he has had discussions with the applicant. He reported that he asked Inspector Bruce Vang and Gaffron to visit the property to get an idea of the setbacks. The sketch from the contractor notes about a 63' setback from the north side. This was found to have been measured from the edge of the paved road. Moorse said, noting that there is a 60' right -of -way and assuming the road was located in the middle of the right - of -way, measuring 30' from center to define the lot line, it was determined that the setback to the proposed deck was 2 -3' less than the required 50'. Moorse said he informed Rose she would probably need to reconfigure the deck to meet the setbacks or a variance would be required. In both scenarios, she was informed that at least a partial survey would be required. Rose had told Moorse she would do so but did not necessarily agree to do the survey. i 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 22, 1996 0 ( #8 - Melanie Rose - Continued) Hurr asked that Staff continue the policy on requiring a survey. She said a survey was an investment that goes with a property. She did not agree with Staff being sent out to the property and noted the necessity of a survey. Goetten agreed. Jabbour said the applicant haL. made an incorrect assumption assuming that mortgage approval means the property is ir; 100% compliance with setbacks. He asked that this be explained to the applicant. Callahan said he hesitated to deny the request without the presence of the applicant and suggested tabling the application with Moorse giving direction of the Council for a sense of the need for a survey. Moorse clarified that even if a deck does meet the setback requirements, a survey would still be required. Callahan said if a survey requirement was not followed, it would present problems with other applicants as well. He noted that this was not the final decision but did suggest the survey be completed. Moorse said he would relay that it is the policy of the City to require a survey if he is asked. Callahan moved, Goetten seconded, to table agenda item #8 to the September meeting of the Council. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Goetten informed the Council of a request from Mary Butler to allow a property owner • to add landscaping to a triangular piece of property owned by the City through tax forfeiture near Casco Avenue and Casco Point Road. She was asked to work through Gerhardson and the Park Commission. No City investment would be required. The property was said to be less than 1/3 acre. All agreed it was an excellent idea. Hurr inquired about the status for receiving remuneration from the DNR for lost tax revenue from the Maxwell Bay Access. Callahan noted that the DNR said they would pay what is required by the legislature. Hurr said more than that amount could be paid. It was determined that the County is given a yearly amount and makes the decision on how that money is distributed. Jabbour noted that the law was written for rural properties so this may present a different situation. Jabbour was also concerned for the DNR paying twice for the use. Moorse will find out what amount could be paid and to whom; and how the City could obtain the major portion of this amount. Moorse was also asked to respond to a letter from the Putnam's, whose property is across from the access location. The Putnams said they were not notified of any access being constructed. Kelley asked if they had voiced any objection but no one had spoken with them regarding the access prior to receipt of the letter. Jabbour asked Moorse to contact the Putnams and ask them to call Council members if they wish more information. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 22, 1996 (Mayor /Council Report - Continued) • Callahan referred to another letter received from Mr. Krogness to Gerhardson. Gerhardson said the concern was over driveway maintenance that extends into the right - of -way. Callahan asked Gerhardson to inform Krogness of possible future changes on Stubbs Bay Road. Jabbour said he had spoken with a resident, Dr. Glen Nelson, regarding problems with the cable company not burying of cable lines on his property and asked Moorse to follow up. Moorse said the cable company had informed him they were handling the situation but said he would follow up on it. Hurr asked to see the grant being considered for affordable housing prior to Council approval. ENGINEER REPORT Cook had no report. CITY ADMINISTRATOR'S REPORT ( #9) CONDEMNATION RESOLUTIONS TEMPORARY #3745 AND PERMANENT #3746- BIKE TRAIL • Moorse reported that the resolutions were to gain authority to move forward with the acquisition of easements through the eminent domain process. Easements were identified on two properties at 2775 and 2790 Silver View Drive. Moorse recommended adoption of the resolutions. Goetten said she had no problem with the resolutions but noted resolution 2 did not list item #3 as shown on the first resolution. Kelley said it was his understanding that the design of the trail was going to be shown at this meeting. Goetten said it was still agreed that the City would move forward with the eminent domain process. Hun moved, Goetten seconded, to adopt Resolutions #3745 and #3746, authorizing the taking of land by eminent domain for trail purposes for the Old Crystal Bay Road BikeAF ke Trail project at 2775 Silver View Drive and 2790 Silver View Drive. 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 22, 1996 • ( 99 - Bike Trail - Continued) Kelley said he had a problem with condemning property without knowing exactly what will be built on the property in question and asked to see the physical plans. Cook noted that the path was moved outward on the plans. On the Hite property, it will be necessary to be on the west side of the septic site. He noted if the trail is generally kept in the right - of -way, some of the trees can be saved and only a temporary easement would be required. This is not the case for the Brandenburg property. Cook said it would not matter which route was done as the trees would still need to be removed on the Brandenburg property. Moorse said he has been speaking with the Brandenburgs and they are understanding the trail placement. Moorse said the Hiles have a question regarding drainage. It is Moorse's intent to come to agreement with the Hiles or continue to move forward with the eminent domain process. Vote: Ayes 4, Nays 1, Kelley. Callahan received confirmation from Barrett that he found the resolution satisfactory. ( #10) STORMWATER MANAGEMENT PLAN Moorse reported that at the recent work session, the Council discussed the need for a stormwater management plan. The Council asked Staff to present a proposal, which has • been updated by Bonestroo from its 1994 proposal. Chanhassen and Chaska were named as cities who have been well - satisfied with Bonestroo's work on their water management plans. 0 Hurr asked if the cost includes taking the plan through the Met Council for adoption. Cook noted the line item regarding the adoption. Cook said this includes all agencies involved in the review process to include the Met Council, MCWD, and DNR. Jabbour inquired what has been spent already. It was clarified that $80,000 has been spent for the topography maps, and the additional $108,200 is to be spent on the plan. Kelley asked for clarification on the purpose of such a plan. Moorse noted a number of purposes to include the plan being a tool for planning and implementation of solutions to stormwater drainage problems. Moorse said the plan would model the stormwater flows and volumes, and planning can then be accomplished in a more automated manner. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 22, 1996 ( 910 - Stormwater Management Plan - Continued) • Kelley asked who would spend the money for the plan, the City or the developer. Moorse said the City would spend the money on planning the sub - watershed ponds beyond what is done by the developer. Kelley asked for an example citing the Dickey property. Cook said the developer would have been charged a fee in addition to being asked to develop small ponds on their sites, which they laid out and paid for themselves. Kelley asked what the problem was with that solution. Cook said it only reflects one site rather than being looked at in a comprehensive manner. Jabbour said the developer could have been asked to contribute to a master pond. He noted that each neighborhood is different and possibly no pond would have been required on the property but a contribution made to another pond. This could have resulted in more land being available for development also. Cook said the plan is in two parts: 1) volume of discharge and 2) water quality. Cook said it would be the intent of the plan to design a stormwater drainage system that addresses water quality. Cook noted it is difficult to address water quality improvement on an individual property basis. Callahan asked what can be done once small problems are identified on individual lots. Cook said the plan would show ponding sites and costs. It would also look at undeveloped land to be used for ponding. Callahan asked if the land would be taken and the owner charged for a pond. Cook said the land would be purchased. He suggested • this could be funded by a storm sewer trunk charge on new development and a stormwater utility fee on all properties in the City. Jabbour said the stormwater trunk charge would be similar to the Park Dedication Fund. Kelley noted the premise is that new development should not increase the velocity of stormwater drainage from the property. Cook said ponds would slow it down and be more efficient for all. Callahan asked if the City was being required by the Met Council to develop a stormwater plan. Gaffron said the City was under the obligation to the Met Council as well as the MCWD to complete the plan. Gaffron said the Staff is being hindered by the lack of such a plan. He cited day -to -day examples such as high water levels on Mooney Lake and the lack of data to identify stormwater elevations on the ponds. A plan would enable the City to have a better handle on what is occurring within the City. Highwood area was cited. Goetten asked if the low area created to catch water was doing its job. Gaffron said it does not catch all of the water from the neighborhood. Gerhardson said major repairs were done but it only works to its capacity. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 22, 1996 ( #10 - Stormwater Management Plan - Continued) Kelley said he was concerned with the high cost of a comprehensive stormwater plan, and once it is completed, the need for still yet more detailed plans for each specific area. He voiced concern with identifying problems but offering no solutions. Goetten asked what the next step would be once the study was done. Cook noted that other cities use their plans daily, and he believes Orono Staff will do likewise. He said the plans give good information on what generally needs to be done. Cook said it won't solve all the details and policies would have to be set. Cook said the plan would not enable the Staff to understand requirements of each individual acre, but it would be able to take a larger tract of land, such as 20 acres, and know what is required. Callahan asked what else would need to be known citing Mooney Lake as an example. Gaffron said if the water was pumped from a high level, the City would need to know where it will flow and what new problems would occur for downstream properties. Callahan asked what would happen then. Gaffron said it would give the Watershed District or City Council a rational basis to decide on what to do and what physical and social impacts would be involved.. Gaffron said without such a plan, many hours of engineering time would have to be spent on each little project. Goetten asked if it would be cost effective. Gaffron said he believed it would be. Moorse added that it would also enable the City to have a stronger position when dealing with other cities. Callahan said • he was concerned that other cities may not take the plan at its word. Jabbour said the comprehensive plan would give the City the ability to deal with a problem, educate the City, and pro- actively identify the major ponding areas. It was noted that the City was fire- fighting problems as they occur. It was visualized that the plan would identify subwatershed ponding projects which could attract the MCWD to do projects to benefit the City. is Jabbour commented that he would not want to see the pending sewer projects delayed because the City does not have a stormwater management plan. Hurr asked to see a formula by which the City can recoup the costs involved. This would include not only new development but perhaps for an evaluation of existing problem areas. Hurr moved, Jabbour seconded, to approve the proposal as recommended. In discussing the cost of the plan, Moorse said the funds would be taken out of the funds designated toward stormwater management in the PIR Fund. $58,200 additional was required. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 22, 1996 (910 - Stormwater Management Plan - Continued) • Vote: Ayes 4, Nays 1, Kelley. Kelley said he is in favor of the plan but is not satisfied with the explanations on how it will be put together and how it will serve the community. Kelley asked to see better presentations from the Staff on the pros and cons of spending such a large amount. Kelley said he would like to be sold on a proposal and does not see the benefit of this plan for all. Hurr asked whether bids were required to be taken. Barrett said, because this is a professional service, a bid process is not required. Jabbour noted as a point of information that the City of Tonka Bay assesses for stormwater once a year. Callahan said he saw it as a problem trying to recoup costs from the citizens without further study. Jabbour asked what the status was on recouping the costs of the topographic mapping. Gaffron said the City recoups approximately $1000 per year. Kelley asked how long the plan would take to complete. Cook said it would take 9 -10 months. Gaffron said there will be a number of presentations throughout the project. He noted • that establishing policies is an initial part of the plan process. Kelley asked about a contract with Bonestroo and penalties for not meeting deadlines. Callahan questioned why we are going ahead to make a plan without having policies in place. Moorse noted the need for general policies on stormwater management as a basis fo how to do the rest of the study. Callahan responded that he had assumed the City already had such a policy. Moorse said there was a plan done on how the City generally wants stormwater managed from the comprehensive plan but a framework was necessary. Callahan suggested the study be done in segments. Moorse said the study is broken down into segments. Hurr noted it would cost $6,700 for the first segment of the plan. Cook said the City would be able to stop the process at that point if they so desired. Kelley noted that Orono was different from other cities and have taken stormwater runoff beyond what other cities have done. Jabbour added that the process will take that uniqueness and apply it to the textbook city with the City's philosophy to come up with the plan. Jabbour indicated, in his opinion, the City has not done much individually to deal with stormwater but has placed great burdens on its property owners by having them adhere to such strict standards. 0 10 ` MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 22, 1996 ( #11) SCHEDULE 1997 BUDGET WORK SESSION Budget work sessions were scheduled for Tuesdays, August 6 and August 13 at 8:00 a.m. ( * #12) REPLACEMENT OF SANDER - PUBLIC WORKS DEPARTMENT Jabbour moved, Hurr seconded, to approve the purchase of one sander from Aspen Equipment Co. for one dual spinner sander for an amount of $2,189. Vote: Ayes 5, Nays 0. ( #13) DONATION OF CAR FOR DARE PROGRAM USE Moorse reported that a part-time police officer has offered the use of his classic car to promote the DARE program. This would be similar to what other cities have done with using the car to promote interest in the program by kids. Callahan asked Moorse to contact the City's insurance agent regarding this use after granting permission for the use and expressing his appreciation of Officer Carlson's donation. Hurr asked if Officer Carlson would be using the vehicle while on duty and how this • affected the liability issue. Moorse said the car title would remain in Carlson's name. He added that other officers may be the drivers of the car. is ( #14) TRANSFER OF GENERAL FUND RESERVES TO THE PIR FUND Moorse reported that this item is the transfer of reserves from the general fund to the PIR fund as previously discussed in Item #10 for the general stormwater plan and projects. Kelley noted that the General Fund reserve at the end of 1995 was over one million dol I ars. He asked if 10% of the reserve is moved into the PIR Fund, and another 25% is to be taken to purchase the "library" property, will there be sufficient reserves remaining? Moorse indicated in the affirmative. Kelley asked, out of the general fund reserve, how much was designated and could not be touched. Jabbour said these funds could always be touched. Moorse clarified that $150,000 was designated for vacation and sick leave, $950,000 for working capital, $100,000 for HACA, and $100,000 for contract revenue loss. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 22, 1996 014 - Transfer of General Fund Reserves to the PIR Fund - Continued) • Callahan moved, Goetten seconded, to approve the transfer of $100,000 of reserves from the General Fund to the PIR Fund, with $50,000 designated toward a Stormwater Management Plan and $50,000 designated toward infrastructure improvements (stormwater drainage projects); and approving a budget adjustment to reflect the $100,000 expenditure in the General Fund, and the $100,000 revenue increase in the PIR Fund. The motion also confirms the designation of $100,000 of the General Fund Reserves as a HACA revenue reduction contingency and $100,000 as a contract revenue reduction contingency. Vote: Ayes 4, Nays 1, Kelley. CITY ATTORNEY'S REPORT Barrett had no report. ( * #15) LICENSES Jabbour moved, Hurr seconded, to approve the following license: Vote: Ayes 5, Nays 0. Garbage & Refuse Collector R & W Roll -Off Service, Inc. 5525 County Road 50 Carver, MN ( * #16) BILLS Jabbour moved, Hurr seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT Mayor Callahan adjourned the meeting at 8:45 p.m. Edward J. Callaha Jr., Mayor 12 L� is