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HomeMy WebLinkAbout09-09-1996 Council Minutes.i 11► ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 9, 1996 ' ROLL The Council met on the above mentioned date with the following members present: Mayor Edward J. Callahan, Jr., Council Members Gabriel Jabbour, J. Diann Goetten, and Charles Kelley. Council Member JoEllen Hurr was absent. Representing Staff were City Administrator Ron Moorse, Public Works Director John Gerhardson, City Engineer Glenn Cook, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, and Recorder Sherry Frost. Mayor Callahan called the meeting to order at 7:00 p.m. ( #1) PENNY STEELE, COUNTY COMMISSIONER Penny Steele, Orono's representative on the Hennepin County Board, was present. She stated she 'serves 29 cities in District 7 and wanted to meet those she represents. Callahan noted the quick response by Steele in dealing with one issue where Steele assisted the City. Jabbour also commented on the mediation performed by Steele regarding tax forfeiture parcel on Saga Hill and the legislative bill regarding lake access. Kelley questioned the interaction between the Hennepin County Board and the Met Council and the vision between the respective elected and appointed boards. Steele said • the boards view growth differently within the broad range of forcing growth back to the central city or allowing the marketplace to dictate growth. She was concerned with the Met Council's leaning toward central growth and dictating where people reside. Transportation, housing, and land affordability were mentioned. Kelley asked that the County Board assist the City in expressing opinions to the Met Council. He cited growth in commercial real estate values and the hope for a residual benefit to suburban residential real estate taxes. Steele noted a misnomer of suburban wealth and commented on the need for more suburban representation on the board. ( * #2) CONSENT AGENDA Items #5, 10, 11, 13, 17, and 18 were added to the Consent Agenda. Jabbour moved, Goetten seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF AUGUST 26, 1996 Jabbour moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of August 26, 1996. Vote: Ayes 4, Nays 0. 4 1. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 9, 1996 PARK COMMISSION COMMENTS Park Commissioner David Beal informed the Council of the recommendation by the Park Commission to extend the trail to the teen center. He also noted the continuing work on the Park Master Plan for the Comprehensive Plan. PLANNING COMMISSION COMMENTS Planning Commissioner Charles Schroeder had no report at this time. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT (#4) #2151 JOHN AND JOANNE HURD, 2795 CASCO POINT ROAD - VARIANCES - RESOLUTION #3756 The applicants were present along with their architect, Charles Coombs. Mabusth reported that the proposal is to raze the existing residence and rebuild. The property in question is located in the LR -1C, 1/2 acre residential zoning. This property • exceeds the area standard and meets the 100' lot width at both the shoreline and the 75' setback. Mabusth noted the difficulty of the area with the majority of homes in the area being set 175' from the 924.4 elevation. The existing residence is 24' beyond the average lakeshore setback which includes the lower level principal structure and the two upper level decks. The amended application was reviewed by the Planning Commission at their August meeting. Mabusth said the applicant worked with three other neighboring property owners to determine an agreed upon lakeshore setback for new construction. These property owners and the Hurds agreed upon a setback line which was determined by drawing a line from the location of the outer two homes owned by the Thielmanns and the Ericksons. There would still be an encroachment of the 3 level bay addition of 7' and a main level deck at 17'. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 9, 1996 • (94 - #2151 John and Joanne Hurd - Continued) Mabusth noted that the City does not recognize the agreed upon line but shall adress variances to the average lakeshore setback line as defined in zoning code. The property encroaches the code's average lakeshore setback by 11' for the 3 -story bay and the grade level screened porch by 17'. The southwest corner of the main level deck further encroaches this setback line by 20'. The setback line pushes the new construction to the east creating an excess of hardcover in the 250 -500' setback area. The amended plan calls for 23.7% in this zone where 25% is allowed. The 250 -500' zone will consist of an excess of 671 s.f. or 8.9% excess where 30% is allowed overall. Mabusth combined the hardcover totals for the two zones and presented it in that manner. The Planning Commissioners did not seek any additional hardcover removals and supported the application as presented accepting the hardcover excess and the agreed upon setback line. Coombs pointed out that the setback line drawn was an attempt to maintain green space. The projection still encroaching the line was said to not be visible by either neighboring side. He also noted the desire to not disturb the site and maintain the hill and trees. Goetten said she was present at both Planning Commission reviews and appreciated the work of the applicant in working out the situation with their neighbors. She said she personally perfers any excess in hardcover to be located further back on the lot and away from lake. Goetten sees no problem with the existing boathouse as it is attractive and in • excellent condition. She did note, however, that the Council would not look favorably on any future hardcover variance. Jabbour questioned why the 0 -75' and 75 -250' zones were noted together instead of separately. Mabusth said it was done to show the impact of the project on the entire lot adding that this combination has been asked for in the past. Jabbour said he prefers to keep the zones separated to eliminate any clustering by the lake. There were no public comments. Jabbour moved, Kelley seconded, to approve Resolution #3756. Vote: Ayes 4, Nays 0. ( * #5) #2155 NANCY KRAUSE AND DON HANDLIN, 3860 NORTH SHORE DRIVE - SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION #3757 Jabbour moved, Goetten seconded, to adopt Resolution #3757, approving a subdivision of a lot line rearrangement for Nancy Krause and Dan Handlin and the City of Orono at 3860 North Shore Drive. Vote: Ayes 4, Nays 0. is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 9, 1996 ( #6) #2160 DAVID DOTZENROTH, 3225 CASCO CIRCLE - VARIANCES - RESOLUTION #3758 • The applicant was present. Gaffron reported that the property in question is located in the Casco Point area but presents no hardcover problems. The issues involve setbacks. The proposal calls for an addition to the detached garage of 16'x24', resulting in an accessory structure in excess of 1000 s.f. Gaffron said an addition of 15- 1/2'x24' would maintain it below 1000 s.f. The setbacks for side and street would then be 15' with the garage doors to the side. The doors currently face the street and are located .2' from the street. Gaffron reported the Planning Commission had no problem with the addition itself (noting the, 13% hardcover in the 75 -250' zone) nor the change to the pitch of the roof. The Commission did recommend that the garage doors be relocated to the east side and a redevelopment of the driveway also be to the side of the garage. The recommendation calls for the removal of the two doors facing the street and the concrete slab in the right - of -way. Gaffron said the applicant is concerned with loss of a large maple tree by harming the root system with the driveway relocation change recommended. The driveway change would also likely require removal of some trees. Gaffron also noted that the overhang as proposed would encroach into the right -of -way. Staff suggested a redesigning to • eliminate this problem. The application calls for variances to the side setback and street setback. Jabbour inquired about the location of the black walnut trees on the property, which was noted. Callahan asked if the trees were discussed by the Planning Commission. Dotzenroth said the trees were not discussed at length. He said the Commission noted a concern with the impact on traffic due to the location of the doors to the street side. Dotzenroth said his home is located at the end of Casco Point and the amount of traffic is low by the time it reaches his property. He also noted the neighboring garages located with virtually no street setback. Dotzenroth said he was concerned with adding hardcover on the property by the recommended change in driveway and garage door location. The cement slab located on the street side of the garage is now used for guest parking and eliminates the need to park cars in the adjacent park area. Dotzenroth personally parks on the east side of the garage now. is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 9, 1996 • ( #6 - #2160 David Dotzenroth - Continued) Kelley asked several questions regarding the number of garage doors, frost footings, and wall conditions of the garage. He said he was alluding to a possible rebuilding of the garage and questioned whether the garage should be moved to a better location on the lot if this was the case. Dotzenroth said he had no intention of taking the garage down and rebuilding it. It was his belief that the foundation was sound. He did note that additional support might be needed if a bigger garage door was used. Dotzenroth reported that the change to the roof pitch was to maintain the same architectural design of the Victorian - style house. There were no public comments. Jabbour said he agreed with the applicant's viewpoint in keeping vehicles away from the park area. He did believe the garage should be maintained below the 1000 s.f. limit. Jabbour said he too was sensitive to the hardcover issue and did not want trees to be lost. Although the cement apron is on the right -of -way, Jabbour did not see the justification in adding the new driveway which would cause the increase in hardcover. Goetten said she was concerned with safety on Casco Point but with the amount of additional concrete required by the change in the driveway and the location of the property on Casco Point, the issue did not seem quite so relevant. Goetten asked how • the addition would be accessed. Dotzenroth noted that the garage would be used in a tandem manner. Goetten inquired about the time frame of the work being completed on the house and the new addition construction. Dotzenroth said the home remodeling was close to being completed. Jabbour was informed that the home had a full basement. Goetten noted receipt of a call from a neighbor, Mary Butler, who voiced her support of the proposal. Callahan asked why the Planning Commission tied the completion of the home remodeling to the garage addition. Dotzenroth noted that the Commission did not want to see two projects going at one time and informed Callahan that the home would be completed by October 31, 1996. Jabbour moved, Goetten seconded, to approve the garage addition as proposed by the applicant with the size of the garage remaining within the 1000 s.f. limitation. The cantilevered roof is not to exceed the lot line and must remain out of the right -of -way. The doors will be allowed on the street side. This approval was based on the hardships noted, the concern for additional hardcover, and the location of the trees. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 9, 1996 ( 96 - 92160 David Dotzenroth - Continued) Kelley was concerned with what would occur if the garage was found needing total rebuilding. Jabbour said if walls have to be removed, the application would have to come back before the Council. Gaffron said if the garage has to be rebuilt, the application would come back before the Council. Kelley said he wanted the applicants to understand and the building inspector aware of possible problems. Gaffron clarified that the garage must be within the 1000 s.f size limitation, conditions #3 and 4 were eliminated. Condition #5 requiring the completion of the house was to continue. Also, Finding #6 was added noting the difference of opinion between the Council and Planning Commission was due to the concern for the trees and need for additional concrete adding to hardcover, and the similarity between garages in the neighborhood. Callahan commented that the similarity issue would not be valid as improvements have to begin somewhere. Jabbour asked why the push to finish the house was requested when no neighbors have complained. Gaffron said the building permit allows for one year to finish the exterior work on project. Goetten said the concern was beginning another project when one was already begun. Dotzenroth noted a problem with a contractor setting the remodeling back in time. Vote: Ayes 3, Nays 1, Callahan. Motion carried. C ( #7) #2161 JAMES AND MELISSA EASLEY, 4105 HIGHWOOD ROAD - VARIANCES - RESOLUTION #3759 • The applicants were present. Gaffron reported that the property consists of a 40' wide lot, 8500 s.f in area, with an existing house located mainly in the 0 -75' setback with a detached garage located near the street and side lot line in poor condition. The parking area is gravel. A sidewalk and retaining wall also exist on the property. Gaffron informed the Council that it was the applicant's intention to tear down the garage and build a new detached garage within T of the side lot line and 25 -30' from the street. The doors would be located to the street side with parking in front. An enclosed stairway is proposed for the 2 -story garage with a basement resulting in three levels. A future concept of the attachment of the garage to a new house located out of the 0 -75' setback was also noted. is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 9, 1996 • ( 97 - 92161 James and Melissa Easley - Continued) The issues relating to the new detached garage include a 3' side setback on the west side where a neighboring garage and residence is located 10' from the property line. The proposal for the 3' side setback results from an effort to save trees and to extend the west wall to channel drainage coming from the neighboring property away from the applicants house. Gaffron reported that technically, a 30' street setback is required. He also noted the need for a height variance based on the detached accessory structure being 4' higher than the existing 2 -story house with basement. The hardcover for the proposed garage increases from 38.1% to 40.8% in the 75 -250' setback. The hardcover in the 0 -75' setback remains at 23.3% with the house and deck. The lot coverage by structure exceeds the 1500 sT allowable by 146 s.f with a total of 1646 s.f. This is caused by the replacement of the existing 18'x20' garage with a 20'x21' garage and 7' addition for an enclosed walkway. Gaffron reported that adequate parking would be provided off - street. The drainage is a problem in this area but the proposed channeling will help. Gaffron said he and City Engineer Cook have discussed the drainage on Highwood Road. Curb and gutter will eventually be needed, with discharge to a ponding area. The drainage now ponds on private property. Goetten inquired about plans for improving the neighborhood drainage. Cook said the plans have not been finalized and are still in review. • Goetten asked the height of the garage. Gaffron said the defined height of 23' is from the grade at the high side, to the average height of the highest gable. If the concept plan for attaching the house was to proceed, the combined house and garage would be perceived as a total low- side -to -peak height of about 50'. The typical 3 -level lakeshore home meeting a 30' defined height is 35 -40' in low - side -to -peak height. If the home is torn down, Gaffron said there will also be variances needed for lot width and lot area. Goetten asked how the garage compares with others in the neighborhood. Gaffron said the garage is similar to that of the neighboring Applebaums. The neighboring homes and garages scale down with the topography. Kelley said he was concerned with the lot area coverage by structures and inquired about the hardships due to the physical structure. Easley said the original staircase was located outside. The footprint was reduced and the stairwell enclosed at the suggestion of the architect. Easley said he was aware of the need to stay within the code when building the new house but has to deal with the garage and current home at this time. Mrs. Easley said they and their architect are aware of the limitations and plan to probably have a 3- story structure for the new home. Easley said the square footage of the current home is satisfactory. One additional bedroom would be required but could be accomplished in a basement area which is unusable in the current home. Mrs. Easley said they would work with what they have. She noted the garage is falling down, and its replacement is the first step in the improvement process. C MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 9, 1996 ( 97 - #2161 James and Melissa Easley - Continued) Callahan inquired about the "office" over the garage. Easley said it would presently be • just a space, not an office per se. When the new house is built, it would be used as a living space during construction. He said it was his understanding that a temporary permit could be obtained. It was not their intention to have any rental space but possibly for use for parents in the future for short-term stays. He was asked if plumbing would be included. Easley said it would eventually be added. Jabbour noted that this could not be accomplished under the present ordinance. Gaffron said a CUP could be applied for use as a guest apartment. That would require a building plan with a home attached to it and plumbing installed first. Gaffron said such a plan could be worked with, but if the old house was retained and an apartment built over the garage, this would create a problem. Jabbour noted that the code is so laid out to eliminate substandard properties being subdivided and requires double the normal lot area for a guest house. Goetten commented that there was such a mother -in -law apartment now in the Casco Point area. Callahan noted that since the space would presently be vacant, he advised the applicants to work carefully with the Staff with their future plans for modification. Kelley informed the applicant that with such a large structure, the applicants may give up a larger new home. Kelley asked that any overage on the new garage be offset on the new house in order for the ordinance be met. Easley said the original plan was for a smaller structure with an outside staircase. Kelley said he wanted to make them aware of possible future problems. Callahan noted that the Council will look at the entire project • together when the new home is proposed. Easley inquired if the stairwell was moved to the outside reducing the structure, how this would affect the hardcover. Gaffron said it would be included in lot coverage if the top of the railing exceeds 6', which a portion probably would. Callahan advised the applicants to do their best to keep problems to a minimum. Kelley asked the distance between the east side of the garage and the east lot line. Gaffron said it would be about 15'. Kelley cautioned the applicants regarding the need to get trucks in between the garage and the maple trees when building a new home. Goetten moved, Jabbour seconded, to approve Resolution #3759 for lot coverage, hardcover, street, side, and height variances for a new garage to replace the existing garage with the conditions as noted in the resolution. Kelley noted that if the house is eventually proposed for replacement, he would expect that the structural coverage be brought into compliance with the ordinance requirement as part of the future variance approval. Callahan asked the applicants to work with Staff regarding any minor differences found to be required in building the new garage. Vote: Ayes 4, Nays 0. is s MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 9, 1996 • ( #8) #2164 DOUGLAS J. OLSON, 2601 WEST LAFAYETTE ROAD - VARIANCES - RESOLUTION #3760 The applicant was present along with Jim Smith from Concept Landscape. Gaffron reported that the 1 -1/2 acre lot is located in the 1 acre zoning. There are homes on both sides and the total lot encroaches the average lakeshore setback due to its location on a point. The proposed change is to the roof line from a 3:12 pitch to a 12:12 pitch around the entire house. An addition is also proposed to the side of the home away from the lake. Part of the 2 -story addition is located in the 0 -75' zone with the roof pitch. Most of the proposed work is over existing hardcover. An entry is also being revised. Gaffron reported that the hardcover exists at 9.1% in the 0 -75' setback. There is a proposal to remove a portion of the driveway to create a loop. The hardcover in the 75- 250' setback is proposed at 30.25% for a 217 s.f reduction from 31.0 %. The variances required are for hardcover in the 0 -75' and 75 -250' setbacks, lakeshore setback, and average lakeshore setback. The latter is not an issue as there are no views affected. The Planning Commission recommended approval with removal of hardcover in the 0 -75' setback. The lot coverage is at 8.8 %. • Olson said he was satisfied with the resolution as presented in the package. Goetten noted the uniqueness of the property and had no problem with the proposal. Jabbour moved, Kelley seconded, to approve Resolution #3760. Vote: Ayes 4, Nays 0. The motion includes the removal of hardcover in the 75 -250' setback. ( #9) #2166 JANET KIERNAN, 1491 SHORELINE DRIVE - VARIANCES - RESOLUTION #3761 The applicant was present. Gaffron reported that the property is located on the sharp curve east of CoRd 15 by Bracketts Point. It was concluded during the review by the Planning Commission that the triangular piece of property whose ownership was questioned is indeed owned by Kiernan. Gaffron noted that the possible change to the curve of the roadway by the County might not occur. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 9, 1996 ( #9 - 92166 Janet Kiernan - Continued) • Gaffron continued that there are a number of changes proposed to the house. The majority of the work is to the north out of the 0 -75' setback. The change to the roof line is partially in the 0 -75' setback and within the 30' side setback. The change to the deck does not result in further encroachment to the lake side or side setback. There is a removal of hardcover proposed in the 0 -75' setback with a replacement of a semi - circle patio originally planned as an equal tradeoff. As a result of the Planning Commission recommendation, the 0 -75' hardcover will be reduced to 3.9 %. The driveway access will be moved south from its current unsafe location. This change is seen as positive as the new location is safer and creates better sight distance. There is a concern for drainage as it crosses the property. More detail of the drainage plans will be required with the building permit. There will possibly be a need for retaining walls adjacent to the driveway. A neighboring property has a serpentine wall which applicants property drains toward. There is no existing holding area for drainage. Along with the driveway change, two stalls will be added to the garage. Due to its size exceeding 1000 s.f., a 15' setback is required. To meet the requirement, the additional stalls will be off- set. The existing hardcover of 27.5% will increase 34 s.f. to 27.6 %. Gaffron said there is also concern for trees located out of the 0 -75' setback. The property is located in a "hot spot" for sewering. The original projection was for the sewer line to go across the lake side property but was since found to be not feasible with • the neighboring properties to the north being lower in elevation. It may be better to build the sewer line along the right -of -way but Gaffron said there would then be a possible concern with Indian mounds. Kelley suggested building the sewer line into the roadway. Gaffron said the sewer line would tie in with a lift station at Bracketts point. It was noted that the houses to the south are not sewered. Cook said the property may be served by an individual grinder pump. Jabbour noted a neighbors concern with the hill shape and need for shaving off the roadway when road widening is considered. Callahan noted that these issues do not affect this application. Callahan asked if the resolution speaks of the problems regarding drainage. Gaffron said it did. Ms. Kiernan informed Callahan that she was satisfied with the resolution. Goetten commented on the beautiful plan being presented. Kelley moved, Goetten seconded, to approve Resolution #3761 per the Planning Commission's recommendation. Vote: Ayes 4, Nays 0. • 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 9, 1996 ( * #10) #2167 ALLEN AND JUDY SCHEFERS, 2540 CASCO POINT ROAD - • CONDITIONAL USE PERMIT - RESOLUTION #3762 Jabbour moved, Goetten seconded, to adopt Resolution 43762 granting approval of a conditional use permit for fill importation of approximately 426 cubic yards for construction of a new residence at 2540 Casco Point Road for Allen and Judy Schefers and Water Street Builders, Inc. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Callahan reported his dissatisfaction with the disregard of the motion made in May, 1996, for condemnation proceedings to begin on properties affecting the bike trail. The purpose was to enable the bike trail to be completed in 1996. Moorse said the Wills and Bruning properties require Council resolutions to authorize moving ahead on the condemnation proceedings. Callahan, Jabbour, and Goetten each said it was their understanding that the previous Council action included proceedings against all affected properties. Callahan moved, Goetten seconded, to direct the City Administrator to have the City Attorney commence condemnation proceedings on September 10, 1996, towards any property in need of condemnation in order for the bike trail completion to be accomplished and to adopt the resolutions required to accomplish this. A report in • writing is required from the City Administrator by Wednesday, September 18, 1996 stating that the condemnation proceedings have begun and a time table in writing by the City Attorney regarding accomplishment of the condemnation. Vote: Ayes 4, Nays 0. is Goetten noted the receipt of a letter and petition by the Hassan Township requesting support for their incorporation as a city. Goetten asked the Council members of their opinion. Goetten and Jabbour both noted their support. Moorse cautioned of impact on adjoining cities. Goetten moved, Jabbour seconded, to approve Resolution #3763 voicing no objection from the Council to the petition for incorporation as a city by Hassan Township. Vote: Ayes 4, Nays 0. Kelley made note of an upcoming Staff picnic. Kelley inquired about further review of the easements for internal trails on the Dickey property. It was noted that a letter of credit is on file for the developer in regards to the internal trails. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 9, 1996 (Mayor /Council Report - Continued) • Callahan suggested the Staff review the studies made regarding whether Countryside Drive East and West should be opened up as a through road. It was noted that the road is dedicated and Staff recommended it as a through road. Callahan asked that the roadway and trails be reviewed at the same time. Kelley asked to review the pros and cons of having a through road. Callahan asked Staff to consider the setbacks regarding the dedication of Kelley Parkway as a through road in relation to the moratorium on Hwy 12. Gaffron noted that the change in language to the B -5 and B -6 zoning will be on the agenda of the upcoming Planning Commission meeting. Callahan asked that any changes and elimination of uses in the B -5 include an indication of the ability to place those uses elsewhere within the City. Jabbour said Hennepin County was in the process of updating the public access on North Arm. Kelley inquired about the seawall. Mabusth said the seawall had already been approved. Jabbour noted his concern with an agreement being required between the MCWD and City for a holding pond concerning the ice arena. Mark Engebretson had informed Jabbour of the request for the agreement and the resulting misunderstanding. Jabbour • voiced concern over the City being in the middle. He noted the MCWD was assuming the City would make twice - yearly inspections and maintain the holding pond. Jabbour said the MCWD and City have mutual goals but differing attitudes. The Council discussed the issue of stormwater control, who had the ability, and the legislative actions being taken. Council was concerned that rulings would dictate how the City spends its money without any say in the matter and rules changing without City input. Jabbour asked the Council to direct Staff to study how these matters should be handled. Callahan suggested the school be included on ponding for the ice arena. Moorse said Gene Strommen of the watershed said the agreement causing the confusion will be changed within the next two weeks. Callahan said he told Moorse to tell the MCWD to refer the matter to the committee and note the City would not agree to maintain the pond. ENGINEER REPORT ( * #11) ORDER FEASIBILITY STUDY - NORTH LONG LAKE AREA, COUNTRY CLUB ADDITION, BRACKETTS POINT, BAY RIDGE - SEWER HOT SPOTS - RESOLUTION #3764 Mayor Callahan asked that the Bracketts Point and Bay Ridge areas be included in the resolution. C] 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 9, 1996 ( #11 - Feasibility Study of Sewer Hot Spots - Continued) • Jabbour moved, Goetten seconded, to adopt Resolution 93764 ordering preparation of a feasibility study for the installation of municipal sewer in the North Long Lake, Long Lake Country Club Addition, Bracketts Point, and Bay Ridge areas. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( #12) UPDATE ON PLANNING COMNIISSION VACANCY Kelley moved, Jabbour seconded, to appoint Lili McMillan to the Planning Commission to fill the current vacancy. Vote: Ayes 4, Nays 0. Mayor Callahan noted the appointment creates a vacancy on the Park Commission which would be taken up at another time. ( * #13) APPOINTMENT OF ADDITIONAL ELECTION JUDGES - RESOLUTION #3765 Jabbour moved, Goetten seconded, to approve Resolution 93765 appointing additional election judges for the September 10, 1996 primary election. Vote: Ayes 4, Nays 0. • ( #14) SELECT DATES FOR TRUTH IN TAXATION MEETING • Callahan moved, Goetten seconded, to set the initial Truth in Taxation public hearing for 7:00 p.m., Wednesday, December 4, 1996, at the Orono Council Chambers, and to set the continuation hearing, if required, for 7:00 p.m., Wednesday, December 11, 1996, at the Orono Council Chambers. Vote: Ayes 4, Nays 0. ( #15) ADOPTION OF PRELIMINARY 1997 BUDGET AND TAX LEVY - RESOLUTIONS #3766 AND 3767 Jabbour confirmed the reduction in the tax levy from 14.743% to 14.246 %. Callahan noted that this percentage looks favorable to that shown by surrounding cities. Callahan moved, Kelley seconded, to adopt Resolution #3766 approving the 1997 Budget at $3,447,605, and Resolution #3767 establishing the proposed Tax Levy Collectible in 1997 at $2,161,630. Vote: Ayes 4, Nays 0. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 9, 1996 ( #16) CARBON MONOXIDE ALARM RESPONSE • Moorse reported that there has been an increase in the number of calls regarding carbon monoxide alarms to the Hennepin County dispatcher. The majority of the calls have been false but the ensuing discussions have resulted in the need for cities to determine what response they request when such calls are received. At the present time, the fire department and police respond to such calls. Another suggestion is a response by a patrol officer who will determine if further action is required. This response would be considered a Level III. If there were any medical problems, the fire department would be called and an ambulance possibly dispatched. Kelley questioned the issue of liability. He asked once the police respond, the people are out of their house, what will happen. Moorse said a furnace company is generally called. Kelley clarified that the home is kept vacant until such time as a qualified technician inspects the home. He asked if there were brochures available giving out the information. Moorse said there were not but the newsletter could be a source for such information. Goetten suggested checking with Minnegasco to see if such a brochure was available through them. Callahan asked what happens once agreement is made for a Level III response. Moorse said the direction would be given to the Hennepin County Sheriffs Department, who would show this information as the response level for the City of Orono when dispatching such calls. Callahan voiced concern over a rivalry between the police and fire • departments in regards to differing levels of response. Mound and Wayzata were said to agree to Level III responding. Long Lake has approved a Level I response. Kelley asked if there would be ensuing problems due to these differing opinions. Moorse said the decisions on response would be made at the dispatch level from the city approvals made. Kelley asked if the patrol officers carry detection equipment for carbon monoxide. Moorse said they do not. The fire department does, however. It was said the cost for such equipment is about $300. Jabbour said it would be a good idea for all squads to carry such equipment. Kelley asked Staff to check on the number of calls received. Callahan moved, Jabbour seconded, approve the selection of the Level III response for carbon monoxide alarms in the City of Orono. Staff is also directed to review the demand and benefit of squads having detection devices. Vote: Ayes 4, Nays 0. Jabbour asked Moorse to inform him of the amount of money in the Police Forfeiture Fund. • 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 9, 1996 ( 417) RESIGNATION OF JOHN GERHARDSON, PUBLIC WORKS • DIRECTOR The Mayor and Council extended their appreciation to John Gerhardson for his many years of dedicated service to the City of Orono. Jabbour moved, Goetten seconded, to accept the resignation of John Gerhardson as Public Works Director effective January 31, 1997. Vote: Ayes 4, Nays 0. ( * #18) TAX FORFEIT DIVIDED PARCEL TO BE RELEASED TO ADJACENT PROPERTY OWNER - RESOLUTION #3768 Jabbour moved, Goetten seconded, to adopt Resolution #3768 authorizing the reconveyance of a portion of a tax forfeit parcel to the County for sale to adjacent property owners. Vote: Ayes 4, Nays 0. ( #19) SELECT DATE AND TIME FOR WORK SESSION TO REVIEW THE PERFORMANCE OF THE CITY ADMINISTRATOR The date of Wednesday, October 2, 1996, 8:00 a.m., was selected for a Work Session to review the performance of the City Administrator. Information including instructions received at the last review, primary objectives for 1995 -1996, job description, salary • range and history will be sent to the Council prior to the Work Session. The City Administrator is also to provide his perceived goals for 1996 and 1997 and his review of whether he has met or exceeded expectations. n U CITY ATTORNEY'S REPORT The City Attorney was not present at the meeting. ( * #20) LICENSES Jabbour moved, Goetten seconded, to approve the following license with a vote of Ayes 4, Nays 0: Home Occupation License Ben Meinhardt Annual Review 3585 6th Avenue North ( * #21) BILLS Jabbour moved, Goetten seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 9, 1996 ( #22) RESOLUTIONS AUTHORIZING THE TAKING OF LAND BY EMINENT DOMAIN FOR TRAIL EASEMENTS - RESOLUTIONS #3769, #3770, AND • #3771 Callahan moved, Goetten seconded, to adopt Resolution #3769 authorizing taking of land by eminent domain for trail easement, Lot 1, Block 1, Van Dale. Vote: Ayes 4, Nays 0. Callahan moved, Goetten seconded, to adopt Resolution #3770 authorizing taking of land by eminent domain for trail easement - Lot 2, Block 1, Meyer Dairy. Vote: Ayes 4, Nays 0. Callahan moved, Goetten seconded, to adopt Resolution #3771 authorizing taking of land by eminent domain for trail easement - Lot 1, Block 1, Peterman Addition. Vote: Ayes 4, Nays 0. ADJOURNMENT Jabbour moved, Callahan seconded, to adjourn at 9:50 p.m. Vote: Ayes 4, Nays 0. ATTEST: M. Wallin, City Clerk 16 d • Edward J. Call an, Jr., Mayor 0