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HomeMy WebLinkAbout11-12-1996 Council Minutes!yam . ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 12, 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, and Charles Kelley. JoEllen Hurr was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, City Engineer Glenn Cook, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning 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 Jabbour moved, Goetten seconded, to approve the Consent Agenda. It was noted that Goetten had voted for denial of Application #2136 for the Greenfield Corporation. Vote: Ayes 4, Nays 0. PRESENTATION BY AMELIA KROEGER Amelia Kroeger, Coordinator of the West Hennepin Recycling Commission, recognized the dedicated service and contributions of John Gerhardson, who has served as chairman of the commission. She indicated that Gerhardson has always held the big picture in view for those on the commission, and worked diligently on behalf of all of the seven is commissioners. The award represented a salute to Gerhardson's service regarding environmental issues. Another commission member, Sandy Larson, presented the award to Gerhardson. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF OCTOBER 28, 1996 Jabbour moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of October 28, 1996. Vote: Ayes 4, Nays 0. ( * #3) CANVASSING BOARD MEETING OF NOVEMBER 6, 1996 Jabbour moved, Goetten seconded, to approve the Minutes of the Canvassing Board Meeting of November 6, 1996. Vote: Ayes 4, Nays 0. is . �Ww MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 12, 1996 PARK COMMISSION COMMENTS • Commissioner Wilson stated the Park Commission is in the process of reviewing the park inventory for final review as well as working with the Antoine Park neighbors to determine the needs of the park. The building on the property and play ground equipment needs are being evaluated. Wilson reported that ice rinks will be maintained at Casco Point, Hackberry, and Bederwood Parks. The golf course club house will also be open for activities on Saturday and Sunday afternoons. Callahan congratulated Wilson on her appointment as Vice Chair of the Park Commission. PLANNING COMMISSION COMMENTS Janice Berg was present, along with Dale Lindquist. Berg had no comments to make at this time. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( * #4) #2136 GREENFIELD CORPORATION, 180 NORTH SHORE DRIVE • WEST - FINAL SUBDIVISION - RESOLUTION #3798 It was noted that while this resolution was on the Consent Agenda, Goetten had previously voted for denial of this resolution. Jabbour moved, Goetten seconded, to adopt Resolution 93798. Vote: Ayes 4, Nays 0. ( #5) #2176 DANIEL S. PERKINS, 55 LANDMARK DRIVE - RENEWAL OF ANNUAL CONDITIONAL USE PERMIT - RESOLUTION #3799 The applicant was present. Mabusth stated that a conditional use permit was granted during the 1994 -95 winter season for the excavation of 200 cubic yards of material. Applicant had originally presented a plan that called for the removal of a total of 2,000 cubic yards of peat over a ten year period. At the time the CUP was granted, the Council did not approve the permit for a ten year period but recommended annual reviews. The applicant was allowed to pay a renwal fee for the reviews rather than what is normally charged for a conditional use permit. Dredging did not take place in 1995 -96 season as the need for the peat material was limited. The contractor advised that he would only need 200 cubic yards of peat every two years. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 12, 1996 • ( #5 - #2176 Daniel Perkins - Continued) Mabusth reported that the Planning Commission approved the current application which will complete the southern pond at 5,000 sT asking that the contractor grade the slopes at 8:1 and 5:1 as originally approved. The next removal of material will be from the northern pond. The Planning Commission was uncomfortable with addressing the issue of an extension to five years and recommended review every other year and asked for Council to address the issue. Perkins reiterated what Mabusth had reported. He asked that the reviews take place every five years to simplify the review process for the Staff. He noted that digging would only occur every other year. Kelley indicated his support. Callahan asked if Staff had specific concerns for requiring additional reviews or if they were satisfied with a 5 year review period. Mabusth said Staff had agreed with Council's recommendation of yearly reviews due to possible changes in regulations as the 150 acre wetlands could become redefined as a DNR protected wetland. Mabusth indicated she was satisfied with a five year period for review with the stipulation that if any changes occurred in the regulations that it would trigger another review and possibly require DNR or Corp of Engineer permits. She noted that the dredging on the property was going • slower than originally anticipated. Callahan noted that the contractor may also change his needs in relation to how much and how often the digging occurred. This and changes in DNR classification may be reasons for increased reviews. Callahan suggested an every other year review process for this application, though he also favored the yearly review. Mabusth indicated that the Planning Commission was in agreement with a review every other year. Jabbour asked if Staff would prefer seeing a time limit or a dredging limit to trigger a review. Mabusth said Staff would recommend a land alteration permit for each excavation if the application was approved for a five year review. Mabusth said the 200 cubic yards of peat material limitation was satisfactory as the material would not lose its value. She was in favor of limiting each excavation to 200 cubic yards. Callahan indicated that the application as proposed would result in 400 cubic yards over a five year period and suggested an every other year review. Mabusth noted that if the permit was for every other year, it would allow Staff to review regulations periodically. Perkins asked if the every other year review would require a land alteration permit and was informed by Mabusth that it would not. Callahan moved, Kelley seconded, to adopt Resolution 93799 with a review period of every other year. Vote: Ayes 4, Nays 0. • 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 12, 1996 ( #6) #2179 THERESA NORSTED, 2811 CASCO POINT ROAD - AMENDED • VARIANCES - RESOLUTION #3800 The applicant was present Mabusth reported that the application was for hardcover and structural coverage variances along with setback variances for the construction of a detached garage in the street yard and two level 7x10 -1/2' decks at the southwest corner of the residence. The decks do not require any setback variances but do add to hardcover and structural coverage. The decks would include access stairs. All improvements are located behind the average lakeshore setback. Mabusth noted that no views are impacted upon adjacent residences. Mabusth continued that the applicant staked out the garage location on the property and noted location of a tree on neighboring property near to the back of the proposed garage. The tree is approximately 70 years old. Due to this, Norsted amended her application to reflect a change in the garage dimensions to 22' deep and 26' wide_ This results in no changes to factual findings. The access stairs for the upper level storage area of the garage will be located internally. The garage is proposed at 18' but actually located about 22' from the traveled road. The neighboring garages are both located within 1' of the side property lines of property. The building inspector reviewed the site and found no problems that would require special needs such as a fire wall. Kelley asked if the neighbors were spoken to. Mabusth said both neighbors were notified • through the application process both in July and October. One neighbor only asked if there was any encroachment of the average lakeshore setback. Kelley asked what type of tree was on the neighboring property. Norsted indicated that it was an oak tree. Goetten responded that the T change in garage location would not matter indicating that she felt the root system of the tree would be affected. Kelley agreed that in his opinion the tree would be killed and hoped that the neighbor understands this. Norsted said she spoke with the neighbor, who felt the location was best for the garage. Kelley indicated that the applicant should have the right to the garage but was concerned with upsetting the neighbor. Goetten asked how far the tree was from the lot line and was told 2'. Jabbour noted that the garage was located 3' from the corner. He was informed that there was room to move the garage to the right but a mature tree on the applicant's property would need to be removed. Norsted said she changed the dimensions of the garage to aid in not disturbing the root system of her neighbor's tree, while not damaging her tree either. Norsted said she was the one who voiced the concern for the tree. Goetten informed Norsted that she was not opposed to the garage being built. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 12, 1996 • ( #6 - 92179 Theresa Norsted - Continued) Callahan asked Mabusth if the survey was satisfactory. Mabusth said the survey was current. Jabbour moved, Kelley seconded, to approve Resolution #3800 noting the garage dimensions as 26'x22'. Vote: Ayes 4, Nays 0. ( #7) #2183 CHARLES KRAMER, 2990 SOMERSET LANE - CONDITIONAL USE PERMIT - RESOLUTION #3801 The applicant was present. Mabusth reviewed the land holdings of the applicant which include three parcels, one being his homestead. The application is for a conditional use permit and does not require any variances. The wetlands in question are of a type 7. John Smythe, an aquatic scientist with Bonestroo, reviewed the wetlands. One wetland area was found to be degraded, and the proposed dredging would result in an upgraded wetland. The other wetland was found to be untouched and not degraded. Smythe recommended that this particular wetland should be left intact. The proposal would result in a loss of trees. Smythe did suggest the buckthorn growth could be removed. The applicant amended his application after receiving Smythe's recommendation. • Mabusth reported that the Planning Commission recommended the alteration of only the one pond and denying alteration of the pond located in the southeast corner. Conditions placed on the application include the spoils be limited in their removal to the applicant's property to the north only. The type 1 and 2 wetlands are to be staked in the field and a 26' separation maintained. Both septic sites are to be protected and fenced off. Erosion control is to be maintained until the ground cover has been restored. Kramer indicated that he was satisfied with the Planning Commission's recommendation and stipulations. Goetten asked Mabusth if there should be any specific wording in the resolution to maintain the "Hardwood Swamp" as recommended to be left untouched by Smythe to protect the land in the future. Mabusth said the area is now identified as a "Hardwood Swamp" Type 7 and would be limited to only that now spelled out by such a classification. Jabbour noted that the ordinances in effect now only prohibit the cutting of trees. Mabusth indicated that the wetland is not a designated wetland of the City but is protected under permit reviews by Corp of Engineer and MCWD. City Attorney Radio suggested a conservation easement be placed over the property if the City wants it to be protected. He indicated that the application process is the appropriate time in which to make this request. Goetten said she would like to see this • conservation easement be taken if Kramer was in agreement. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 12, 1996 ( #7 - #2183 Charles Kramer - Continued) The conservation easement was explained to Kramer b Radio noting it would bind • p Y Kramer and future owners to prevent any degradation of the property. Kramer indicated that it was his intent to protect the property. Mabusth said the easement does not say that the applicant is unable to do anything but only requires the property owner to come before the City prior to making any changes. The conservation easement would be filed against the chain of title of his homestead property. Kelley commented that the request was putting the applicant in a difficult position and asked if Kramer would like the application to be tabled to allow him time to consider the easement. Kramer indicated that he preferred to move forward on the application as it was in his plans to perform the work indicated as soon as possible. Jabbour suggested that the CUP be granted and asked the applicant to work with Staff on placing a conservation easement on the property. It was noted that there are no easements on the property at this time, and the recommendation of the conservation easement is voluntary and does not affect the plans as proposed_ Jabbour informed Kramer that he sees the philosophy of the City and of Kramer as being the same and noted that if Kramer would like to see the property saved in the future, he should work with Staff on the conservation easement. Jabbour moved, Kelley seconded, to adopt Resolution #3801. Vote: Ayes 4, Nays 0. It was noted that while the applicant is not bound to a conservation easement at this time, • he is bound by the conditions within the resolution. ( #8) #2184 BRIAN CARRINGTON, 1920 SIXTH AVENUE NORTH - VARIANCE - RESOLUTION #3802 The applicant was present. Mabusth reported that the application involves a 3.3 acre rural property located on the north side of CoRd 6, the old Wolsfeld residence. The applicant proposes to construct a new residence and the old 20'x25' residence, constructed in 1910, would become an accessory structure. Because the old residence is placed in front of the proposed new residence, the application requires a variance. The residence is 115' from the street lot line. Mabusth indicated that all plumbing and plumbing fixtures will be removed. The heat fixtures will remain to heat the structure for use as a workshop as well as storage. The City is asking that a restrictive covenant be placed on the structure to indicate that it will not be used as a guest house. Mabusth indicated that such a covenant has been used in the past and was drafted by the City Attorney. Goetten was informed by Carrington that the structure would be for personal use only. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 12, 1996 • ( #10 - #2184 Brian Carrington - Continued) Kelley inquired about the septic field. Mabusth said all of the plumbing would be removed and the septic tank would be abandoned as part of the new residence construction and septic permit for new system. A new septic system will serve the new residence. Goetten moved, Jabbour seconded, to approve Resolution 93802. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Mayor Callahan, after indicating that he had reviewed the election canvassing report, publicly congratulated those persons elected. Goetten questioned what portion of CoRd 15 would be discussed at the next Council meeting. Moorse indicated that both the east end and Bracketts Point would be discussed. Jabbour asked for a determination on whether the City can bank newly formed wetlands for future mitigation. He noted that landscapers are selling such properties as a result of its mitigation value. Mabusth said Staff has been following through on such a proposal . and asked Cook to respond. • Cook said such banking of land for future mitigation was possible but difficult to set up. He indicated that this will be accomplished as part of the comprehensive storm sewer plan and will require adoption of a specific policy. Mabusth noted that there is an issue of whether the City would have to pay for the land and whether it would be set as a condition of the conditional use permit. Cook said he would not expect the City to have to pay for the land. Radio said the issue could be part of the application process and not a matter of having to "take" anything. Radio said that the option legally and constitutionally is doable. Jabbour indicated that people are selling the land because of the need for mitigation. Kelley questioned what will happen if people create a pond and then decide at a later date to fill it in. Cook indicated that a conservation easement would need to be placed on the property to prevent this. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 12, 1996 ENGINEER REPORT • ( 0) FEASIBILITY STUDY AND SCHEDULING A PUBLIC HEARING FOR THE NORTH LONG LAKE SEWER PROJECT - RESOLUTION #3803 Cook was asked to report on the cost of the project. Cook said the cost was estimated at $1,000,000 for 52 lots. This cost reflects a $19,000 per unit cost for assessment, including both trunk costs, and lateral costs. The lateral costs include street reconstruction where the pipe is laid, except Dakota Avenue which is being shown as a separate item as a result of the questions at the neighborhood meeting. The trunk costs include the four units along Brown Road as part of the system that would hook into it some day in the future. Kelley clarified that the four units noted are the four houses on the west side. Jabbour asked if the cost was being isolated to determine the cost for a house not originally planned for sewer and located outside of the MUSA line but being requested by the property owner for inclusion. Cook said the property owner would pay a trunk charge and a lateral charge in addition to the cost of running a line to the lot and from the lot line to the residence. Callahan asked how many units were included and was informed by Cook the number is 55. • Goetten was given clarification on connection points along CoRd 6. She asked if lot 30 would be served. Cook said it would be served from the same line as lot 31. Jabbour voiced concern with the possible connection of the lot on County Road 6 west of North Brown Road. He noted that the lot was not considered as a hot spot. The property owner had indicated that he wanted his additional lot to be considered buildable and the separate lot was now being segregated out. Jabbour felt this would result in the property owner being treated differently than what was intended as there had been no plans to provide sewer to that property. Moorse responded that it would depend on what the Council wants. He noted that the property owner would be charged the trunk and lateral charges and would also be responsible for any additional costs required to enable the sewer to reach the property. At this point, there would be only one unit at about $19,000. Moorse said if it was two units, the cost would be double. Goetten reiterated that the Council informed the property owner, Mr. Maresh, that he would have to pay the full cost for the sewer hook up. • 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 12, 1996 • ( #9 - Engineer's Report Feasibility Study - Continued) Jabbour indicated that the property owner should not have the right to appeal the cost. Kelley agreed. Jabbour went on to say that the City had taken the direction that the area was not to be a hot spot. He indicated that while it was said to be the intent of the owner to preserve trees by installing the sewer, the sewer installation would disturb the land and result in the loss of many trees. Jabbour said he would support adding this property owner to the list but wanted to clarify these points. Callahan noted that the City can determine not to build the sewer if the costs become too high. Radio stated that the property owner has no right to the sewer. But if he wants his property to become connected, he would have to pay full cost, and it would not be forced on him. The decision to connect and pay the required cost would lie with the property owner. Kelley questioned whether it was a good policy to sewer two areas separated by another development which is not planned for sewer. Moorse reported that the development in question has septic and alternate sites. He noted, ideally, sewer would serve the development but it would not be forced on them. Kelley relayed a hypothetical question of septic failure to such properties. Cook said if the properties failed, there would be • plans in place to connect them into the system. These properties would be assessed for lateral and trunk charges. • Callahan indicated there were a limited number of sewer units available, and the City is bound by the MUSA application. It was noted that this area, as well as the Maresh property, are not located within the MUSA boundary and would be considered as part of the extra 50 sewer units available. The applications would be considered on an individual basis. Cook added that it was their plan to provide for such possibilities noting the area could be accommodated quite easily. He noted changes could be made to lift stations at a reasonable cost. Kelley asked if sewer did go to this area on West Farm Road, would it become necessary to take the road as a public road. Both Cook and Moorse indicated that it would not be necessary to do so and easements may be taken for the sewer. Jabbour informed the Council members that they need to look at the policies established rather than going through the whole process for each application. Jabbour said the Council should take the position that sewer will not be provided unless the public health and welfare were in jeopardy and not for purposes of property division and individual benefit. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 12, 1996 ( #9 - Engineer's Report Feasibility Study - Continued) • Kelley asked what forces are in play in choosing one sewer layout alternative over another. Cook said the determination depends on cost. Callahan indicated that public meetings have been held and the public hearings should now begin. Jabbour asked Gaffron how the proposed cost compares to what was indicated when the meetings were held with the neighbors. Gaffron said the cost has risen 20% but noted that the residents were informed that the costs would be higher. Jabbour asked about the Bay Ridge and Bracketts Point neighborhoods and whether there would be any savings if they were done together. Gaffron said these neighborhoods were still being reviewed. Cook said there would be savings involved if the sewering was done at the same time. The Council agreed that the neighborhood meetings should be held separately. Kelley moved, Jabbour seconded, to adopt Resolution 43803 accepting the feasibility report for the North Long Lake and Long Lake Country Club sanitary sewer improvements and schedule the public hearing regarding the improvements for the Council meeting of January 13, 1997 at 7:00 p.m. Vote: Ayes 4, Nays 0. • CITY ADMINISTRATOR'S REPORT ( #10) TELECOMMUNICATIONS REGULATION Moorse relayed information regarding telecommunication towers and antennas being placed within the City. Information was given on how it may or may not affect the City's landscape. He asked for direction on how telecommunications towers and antennas should be regulated within the City. The Pouncil agreed that the number should be limited to as few as possible, if any. If so, however, the Council preferred that if antennas needed to be accommodated, the placement should be limited to the current water towers. It was indicated that the presence of such towers and antennas in surrounding communities may enable the service to be provided within Orono without actually requiring the towers and antennas to be located within the City. Mayor Callahan asked that the City receive citizen's input prior to making any final determinations. ( #11) DENTAL INSURANCE PLAN Callahan moved, Goetten seconded, to authorize the City to offer the Premier Dental Plan to City Staff with coverage to begin January 1, 1997. • 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 12, 1996 • ( #11 - Dental Insurance Plan - Continued) Kelley questioned the possibility of the City being self - insured. Jabbour noted that better costs are gained through being insured. Moorse indicated that the League of Cities has a dental plan similar to a self - insured policy but it costs about three times as much. Kelley said he was concerned with rising premium costs. Moorse said he had investigated the cost of premiums over the previous five years which showed only one increase during that time period. Vote: Ayes 4, Nays 0. ( #12) LIVABLE COMMUNITIES ACT - CORRECTED RESOLUTION #3804 Moorse stated that the previous resolution was not in the correct form. He informed Callahan that this resolution may aid the City in their applications for future grants. Callahan moved, Jabbour seconded, to adopt Resolution #3804 renewing the City's participation in the Livable Communities Act for 1997. Vote: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Moorse reported on the judge's ruling regarding the M.P.R.S. case. The case resulted in costs of $108,000, $303,000 for attorney fees, and $173,000 for punitive damages for a total of $586,000. According to a derived formula, Orono's share of these expenses is about $9,000. City Attorney Radio had no comments. ( * #13) LICENSES Jabbour moved, Goetten seconded, to approve the following license with a vote of Ayes 4, Nays 0: Home Occupation License Ross R. Repke Annual Review 3380 Watertown Road Goetten later asked the question whether it was legal to sell firearms from a person's residence. Mabusth reported that it was adding that this individual purchases firearms wholesale for his own collection. (* #14) BILLS Jabbour moved, Goetten seconded, to approve payment of the All Funds Account. Vote: • Ayes 4, Nays 0. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 12, 1996 ADJOURNMENT • Mayor Callahan adjourned the meeting at 8:38 p.m. ATTEST: 7 Dorothy M. Fin, City Clerk Edward J. Call an, Jr., Mayor 12 0 •