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HomeMy WebLinkAbout12-30-1982 Council Minutes ! City of Orono 7:00 P.M. Regular Meeting of the Orono Council , December 3�1 , 1982 The Orono Council met on tt�e above date with the following members present : Mayor Van Nest , Councilmember Butler , Councilmember Adams , and Councilmember Hurr . Absent : Councilmember Frahm. Also present : City Attorney Malkerson, J. Diann Goetten�of the Planning Commission , John Hammerel of the Planninq Commission, Charle� Kelly of the Planning Commission, George Rovegno of the Planning Commission, Ed Callahan of the Planning Commission and Mr . Bill Sime newly appointed Planning Commission member , City Planner Alan Olson, and Deputy City Clerk Sandi Woytcke . CONSENT AGENDA* Councilmember Butler znoved , Councilmember Hurr seconded , to approve the Consent Agenda* as presented . Motion , Ayes (4) - Nays (H) . PUBLIC HEARING - LARE MI�INETONRA ISLAND ORDINANCE Mayor Van Nest opened the Public Hearing at 7 : 33 P.M. explaining thecircumstancesof thismeeting being rescheduled because of the blizzard of December ?_8 . City Planner Alan Olson then reviewed the � Ordinance explaining i�hat since October 25 , 198?_ the rewritting consisted of changes that were suggested by the public . Mayor Van N�st then asked if there were any new comments from the Public regarding this ordinance. Willie Crear 56 Westwood Drive , Long Lake stated he is a new owner on Big Island . He purchased his property from Mr . Roy Ahern who is a long term property owner on Big Island . He owns 3 pieces of property on the island ; the house that is his current summer residence, identified as parcel � #58 what is called the Snyder house , identified as parcel �15 and also behinc3 the Snyder house on the ather side of the road right of way there is another piece of property. When this ordinance came up those two pieces of property were REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 30 , 1982 PAGE -2- LAKE ORDINANCE CON'T. separated by a road riqht of way identified by the , City of Orono as one building site , when in fact when purchased by Mr . Ahern were two different sites. For reasons I don ' t understand , under your new ordinance, these were combined as one building site even though they were divided by a plated city street . It appeared the ordinance intended to take all individual lots and cause them to be buildable with exception of the ones you talk about. In response to that it would appear the ordinance would cause that a numb�r of lots would become only one lot . Roy sold the lots before this ordinance went into effect. The new copy of the ordinance shows you have made changes , that changes the time of the ocaners of record for tr,ese lots , and it is that portion of the ordinance (the owners of record) that I would like to take this opportunity to object to . Can I ask why it was done? Mayor Van Nest then asked Mr . Olson for the facts on these lots. Mr . Olson stated the facts of the matter : are that he has two separate holdings.The way the ordinance is written. One is number #58 and that lot is approximately . 32 acres , completely separate from the other holdings Mr . Ahern had . This was declared buildable because it has a house on it. Second part is properties that we have combined �s #15 slightly north of thefirst property (separated by John Dean ' s property) . Parcel #15 combined on both sides of the right of way totals ?_ 1/2 acres . Neither piece is 2 acr�s by itself , and so under the current code,the 1974 code, it would be one site , or would not be rebuildable . The cabin that isonthatpropertyiscompletelydeteriorated and is in hazardous condition at this point . There was a permit issued at one time to rebuild it but was never acted on, it is not being used and is not habitable at this time. Mr . Olson stated that he has talked to Mr . Ahern and Mr . Creer on this matter in his office. Mr . Roy Ahern stated that he had taken out the building permitand hadbeen doing some remodeling in the cabin up until the time he sold the property. Mayor Van Nest asked Mr . Ahern what had he sold , and Mr . Ahern stated that he sold because of the � ordinance bei.ng passed , and he was not going to be able to use any of that property, he sold all of it . He stated he sold all of the parcels except for #58 because I was not qoing to be able to use any of the property the way I wanted to under the ordinance . REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 30 , 1982 PAGE-3- LAKE ORDINANCE CON'T. Mayor Van Nest asked at this time who he had sold the parcel to , Mr . Ahern stated he sold it to various people , Mayor Van Nest asked how marry people , Mr . Al�ern stated he sold 6 lots to six different peop_le. Mr . Ahern stated he had no use for the property so he sold it. Mayor Van Nest asked did you have lcnowlec�ge when you sold them that this land �a�s not buildable? Mr . Ahern stated his attorney said they were buildable as a seasonal dwelling under the terms of this ordinance the way it had been written. Mayor Van Nest stated , " it would be ane building site . There is not enough land there for two parcels on that piece of land under our present code" . Mr. Ahern again stated under the new ordinance , those are over 1/3 acre , they are all approximat�ly 1/2 acre and the new owner should be intitled to building riqhts just as Mr . Bacckus should be intitled to building rights on his 1/?_ acre. Mayor Van Nest then stzted , that he heard what Mr . Ahern was saying but that he was not getting a sympathetic ear from the City because he had plenty of knowledgeknowingexactly whatwasgoing on when he sold the parcels of land . The City is going to be extremely resistant to issuing � different building permits on those parcels. Mr. Ahern stated that was between the new owners and the City that he did not want to get involved . Mayor Van Nest stated that he felt Mr . Ahern was involved , because he had good enough knowledge of what the situation was. Mr . Ahern stated he was upset because he had to sell the land at a discount to get rid of it becuase it is not worth as much now with the n�w ord�nance pendinq . Hurr stated that of the six lots were sold as buildable why did he have to take a discount? Mr . Willie Crear then stated the timing of the addition of the lanquage to the ordinance appears to be designed specifically to prohibit anymore parcels in this piece. Mr . Zane Scheftel of Excelsior , also present , commented that he wanted his year round residence - grandfathered into the ordinance so that he would not have any trouble continuing to live there full time. There followed discussion about the reasons for ' REGULAR MFETING OF THE ORONO COJNCIL, DECEMBER 30 , 1982 PAGE-4- LAKE ORDINANCE CON'T. requiring full-time residence to have a conditional use permit , including the higher standards required for Septic Systems, private fire protection, etc . Olson stated �hat the Sheftel property is known to have been used full time and that except for being 4 acres instead of 5 , the property sho�ild now meet or is capable of meeting all requirem�nts for a principal residence Conditional Use Permit. Olson recom- mended granting the Schefetel property a conceptual conditional �se permit and variance with final approval awaiting completion of an applicatian f_orm and preparation of the required resolution to be recorded in the property title . Mr . Roy Ahern, Barrie Road , Wayzata stated that he felt the ordinance should be held over until anothermeeting . Hefeltthepeo�leconcerned were not given enough time to be present at this meeting . The Deputy Clerk then pr�sented to Mr . Ahern a record of all the owners that were notified of the change of the meeting . Of 77 names on the list , 42 were contacted directly and messages were left for nine others. There was no answer to repeated calls for nine persons , nine others had unlisted numbers (or could not �e lacated by the mailing address) , and five out of town long distance c,�lis were not attempted . Thus , ti9g of the o�aners have received telephone notice of the meeting chanqe . Mr . Roy Ahern request�d a Principal Residence Conditional Use Permit for his parcel #58 . The same as Mr . S��heftel . Mr . Olson stated that the houseonthatparcelcertainlyappearedto qualify but that staff had several ques�ions about the location of the drainfield to serve the house; we think it is on the neighboring property. We would not �hus recommend a Conditional Use Permit at this time until Aherncan providemoreinformation to staff . Ahern had no response . Councilmember Butler moved , Councilmember Hurr seconded to adopt Ordinance #24h An Ordinance Amending the Municipal Code of Orono By Changing the Zoning District Designation and Performance Standards Applied to Big Island , Mahpiyata Island , and Deering Tsland , draft as amended in Section 34 . 3ti3c regarding occasonial overnight camping in a day use recreation area. Motion, Ayes ( 4) - Nays ([�i) . REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 30 , 1982 PAGE-5- Councilmember Eiurr moved , Councilmember Butler seconded to conceptually approve Mr . Sheftel ' s variance and theconditional use permitwithfinal approval to be by the council once it has the resolution in f�ont of them to file with the chain of title. Motion, Ayes (4) - Nays (0) . Councilmember Butler moved , Councilmember Adams seconded to approve Resolution #144£3 Approving an Ordinance Summary for Publication RS-Seasonal Recreational Zoning District . Motion, Ayes (4) - Nays (0) . *MINUTES Councilmember Butler moved , Councilmember Hurr seconded to approve the minutes of the Dece�ber 13, 19g2 meeting as presented . Motion, Ayes (4) - Nays (�) . *SPECIAL COUNCIL MEETING ANNOUNCEMENT Councilmember Butler moved , Councilmember Hurr seconded Announcement of the Special Council Meeting of January 5, 1983 at 7 : 04� P.M. Motion , Ayes (4) - Nays (d) . *PUBLIC HEARING DATE FOR OPEN BURNING ORDINANCE Councilmember Butler moved , Councilmember Hurr seconded to approve the setting of a Public Hearing Date for January 10 , 1983 to consider the a�option of an ordinance to allow issuance of open burning permits . Motion, Ayes (4) - Nays ( ml . *82-1 SANITARY SEWER CONSTRUCITON PAYMENT Councilmember Butler moved , Councilmember Hurr seconded to approve payment #1 for Nodland Associates, Inc . in the amount of $44 , 575. 03 for work completed on the 8?-1 sanitary sewer construction project . Me,tion , Ayes (4) - Nays (�) - *BILLS Councilmember �utler moved , Councilmember Hurr seconded that the All Funds Accounts and the Liquor Store Accounts , be paid . Motion , Ayes (4) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 30 , 1982 PAGE-6- LAKE ACCESS PARKING AGR�EMENT NORTH ARM LATJDING Mayor Brad Van Nest stated : The Department of Natural Resources po�ition is that every lake in this state shall provide one boat in use for every l� acres of water . Therefore if you take 20 acres of water there will be 2 boats , one belonging to a land owner or someone who lives on the lake or somebody who has rented a slip at a marina. The other boat on the 20 acres shall have a free unrestricted pubZic access that is open at all times and shall contain one parking space for a car and boat trailer . Lake Minnetonka would have to have 7�0 parkinq spaces for cars with boat trailers that are open at all times. The DNR has coun,ted about 150 parking spaces on Lake Minnetonka , they feel parkinq for another h00 cars and boat trailers to make Lake Minnetonka comply with the state standard . We know through our investigations that there are upwards of 1 , �100 pa�king spaces available . There are 137 parking spaces ajacent to North Arm landing ,on the streets , that are determined to be safeandwithinreasonablewalkingdistanceof the launch ramp that are in use right now. The DNR will not count these spaces because they are not on site parking spaces . We feel there are spaces available today, they may not meet their criteria but we think it is better to use these spaces and then take the launch ramps and make them more efficient , maybe have less on the launch ramps, double up on ramps themselves and double up on the ability for the cars to get in , launch and get out , build some ready docks where you can tie your boat up. The real congestion is getting your boat in and out of the water , not trying to get your car parked . We were not making any progress with the DNR and we told the DNR and the LMCD that we thought tha� we should have an actual count of whats really in use even though it might not meet their on site requirement , we never got the figure, they just would not give us the figure, and the LMCD did not seem to have the ability to get the figure, so Alan Olson and Chief Kilbo , at Mayor Van Nest ' s request counted North Arm Landing and Spring Park. When the DNR really saw these figures that A1 and Mel developed showing 54 spaces and we came with additional 137 spaces so the City came up with over 2D1a parking spaces . When they saw these figures the DNR realized the City of Orono was telling them there are good parking spaces. The DNR committee got together and decided the way to fight the City would be by saying there had to be some lonq term availability of parking before it could be countable . .�.... ...... � _ - - - ----- - REGULAR MEETING OF THE ORONO C�UNCIL, DFCEMBER 30 , 1982 PAGE -7- To counteract that the City Attorney has drafted an agreement that we would propose and would like the City to consider and hopefully we would like the City to conceptually approve. This is an agreement between the City of Orono and LMCD, and what it does is identify these parking spaces that are in use today, that have been in �se for many years, and , it says , here are the parking spaces , they are counted , we have a map and a list of exactly where they are and then further in the writing say the City is going to make these spaces available and that in conjunction with the LMCD we plan to put up some signs that say "available parking for �he North Arm Launch Ramp" and that we aqree that we are qoing to keep these servicable except in cases of public safety problems. If we get down the road a few years and all of sudden there is a certain area that becomes an unsafe situation, then our intent would be to work with the LMCD and the County to solve that safety problem without losinq the parking spaces , but we do have the ability to change this agreement in the event we come into a real public safety problem in any of these areas . It is an ability to identify what is here , get it down on paper in black and white and commit the City so that everybody knows that these spaces are going to be available. If we do this at the North Arm Launch Ramp, Spring Park , Deephaven , Minnetrista, anc3 get Mound to do this at the Surfside we are going to come up with more than 760 parking spaces and therefore the main shot that the DNR has that they have to have more access on this lake is gone . If we don' t go along with something like this we are going to get launch ramps cramed right down our throat by the state legislatur�. Councilmember Butler moved , Mayor Van Nest seconded to instruct our Staff to draft a letter to the LMCD and a copy to all the other cities , that the Orono City Council has conceptually adopted this agreement and stand ready to execute it provided that the LMCD is willing and that other cities participate in similar type agreements. Motion, Ayes (4) - Nays {�) . FOREST ARMS MATTER City Attorney Malkerson reviewed the Forest Arms Matter with the Council concerning the purchase agreement r,nat was brought back from the last REGULAR MEETING OF THE ORONO CUUNCIL, DECEMBER 30 , 1982 PAGE -8- courlcil meeting . He had sent a letter to Attorney Dick Hassel stating some things that he shoulc� includeandtheyhaveredraftedthatagreement and attached various exhibits to it and this copy is enclosed in the council packet for reviewal . City Attorney Malkerson recommended that Council approve it and the signing of it by the Mayor and the City Clerk . Mr . JamesGrabekrepresentativeof the ForestArms Homeowners Association stated he had a few comments regarding the language of the agreement . l . Paragraph 8 - add the following phrase �fter the word LMCD: � "or City of Orono , whichever regulations are more restrictive. " 2. Paragraph 1� - any reference to a mortgage on Lots 1 and 2 should be stricken since the City is purchasing the property on a contract for deed and there is no need for a mortgaqe . There should be language that in the event the mortgaqe on the individual lot would cause the acceleration of a previously existing mortgage , then the mortgage contemplated herein need not be filed . 3 . Paragraph 11 requires liability insurance naming the City of Orono as an insured during the pendency of this contract but it does not state how much . I suggest that the typical liability coverage of 51014� , 000 and $30B , 4J�10 would be sufficient . 4 . In Faragraph 14 since there is no earnest money to be paid , the reference on the bottom of page 4 to earnest money should be stricken. 5. In Paragraph 16 there should be language added at the end of the last sentence of that paragraph , °'all subject to the Orono Zoning code in effect at the time. " 5. This agreem�nt requires that if someone sells his/her lot, that he/she then pays all the amount al located to that lot o It was noted that in the event of such a prepayment and a subsequent default by the homeowners association on the contract for deed , then the prepaying property owner will have, in effect , forfeited money for years in which that lot can no longer have the benefit of this agreement . Therefore , this agreement should be amended to provide that in the event of � default , anyone who has paid more than his/her fair share to the point in time , may upon demand obtain that overpayment from the City without interest . REGULAR MEETING OF THE ORONO COUNCIL, DECEMBER 30 , 1982 F'AGE-9- Councilmember Butler moved , Councilmember Ad��ms seconded to approve the agreement being,aware of the language changes discussed an�] that the staff is authorized to make those changes and submit it to the purchasers for their signature , and that the Mayor and the Clerk be authorized to sign . Motion, Ayes (4) - Nays (�) . ADJOURAIMENT Meeting was adjourned at approximately 9 : 30 P.M. � Mary C . Butle , Mayor � � A T T E S T:__�0�//_T�"'_=dC- -���G�- M. Sandi Woytcke, Deput City erk