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Home My WebLink About02-09-1984 Council Minutes Special Meeting MINUTES OF THE ORONO COUNCIL' S SPECIAL MEETING HELD FEBRUARY 9 , 1984 . PAGE1 ATTENDANCE 7 :00 P.M. The Orono Council held a special meeting on the above date. Nlayor Butler was present along with Councilmembers Adams, Hammerel and Frahm. Council- member Grabek was not present. City Administrator Benson was not present. City Attorney Malkerson arrived at 8 : 15 p.m. City Engineer Cook, Zoning Amdinistrator Mabusth, and Recorder Sutton represented the City staff . REVIEW OF PROPOSED AMENDMENTS TO SUBDIVISION REGULATIONS Zoning Administrator Mabusth stated that the Planning Commission had questions in the vested rights section of the code and also the public vs . private roads section. Mabusth stated that the vested rights section was worded right out of the state statutes . Vested Rights Section Mayor Butler stated that if the Council were to adopt the Planning Commission' s suggestion, to have vested rights forever, that the City may as well throw out the book. Councilmember Hammerel suggested leaving the vested rights section as is because it gives the City an option. Councilmember Adams stated that once the lot is platted that it should be a buildable lot, but _yet that the wording should stay the same to give the City an option. Councilmember Frahm stated that Planning Commission member Rovegno suggested extending the time of the vested rights section from 2 years to maybe 10 years but certainly not forever . Mayor Butler moved, Councilmember Hammerel seconded, to adopt the vested rights section as is according to the state statutes. Motion, Ayes ( 4 ) , Nays ( 0 ) . Private vs. Public Roads Section Councilmember Frahm stated that Option A, from Zoning Administrator Mabusth ' s memo dated February 3 , 1984 , should read "All local streets in subdivisions where sewer and water are not available shall be private unless otherwise approved at preliminary subdivision approval. " Frahm stated that the City Code should specify whether roads are private or public roads for both areas served with sewer and water and the rural areas. Councilmember Adams stated that he didn ' t feel that sewer and water should determine whether the road should be public or private. Adams felt that the cost of maintaining the road and density on a road should be the issue. MINUTES OF THE ORONO COUNCIL' S SPECIAL MEETING HELD FEBRUARY 9 , 1984 . PAGE2 City Engineer Cook stated that where you have sewer and water you have the higher densities , which is why all the sewer and watered areas have public roads . Zoning Administrator Mabusth stated that the Planning Commission also asked for a definition of a "public" road and "private" road and asked that the Council set up some criteria specifying what is a "public" road and what a "private" road is . Nayor Butler stated that a public road is "where sewer and water are available" shall be a public road. Butler stated that a cross reference should be noted to the Comprer�ensive Plan in the Transportation section which gives guidelines to public roads . Councilmember Frahm stated that by not def ining what is a "public" road and what is "private" road makes it hard on the Planning Commission, because it doesn ' t qive the Planning Commission any guidelines to go by. "All local streets shall be private unless otherwise approved at preliminary subdivision approval" . City Engineer Cook stated that some of the roads are public if the City feels that it could be used for emergency vehicles . Cook stated that also where there is sewer and water the City needs those roads to be public so that they can maintain the utilities . Councilmember Adamssuggested that Option A be adopted to read "All local streets in subdivisions where sewer and water are not available shall be private unless otherwise approved by the City and the City reserves the right to determine whether a street is to be public or private in other areas" . Councilmember Frahm asked that City Administrator Benson write a letter to the Hennepin County Assessor asking if the Assessor takes into account whether or not a road is public or private and if a public road or private road affects the taxes that the people are charged. Frahm stated that theyshould because those who live on private roads don ' t get the City maintenance like the public roads . Councilmember Adams moved, Mayor Butler seconded, to approve Option A of Zoning Administrator Mabusth ' s memo dated February 3 , 1984 to read "All local streets in subdivisions where sewer and water are not available shall be private unless otherwise approved by the City at preliminary subdivision approval , and the City reserves the right to determine whether a street is to be public or private in other areas . " Motion, Ayes ( 4 ) , Nays ( 0 ) . MINUTES OF THE ORONO COUNCIL'S SPECIAL MEETING HELD FEBRUARY 9, 1984. PAGE 3 Typical Section City Engineer Cook stated that the table had been revised and asked the Council if they wished to change anything. Councilmember Frahm moved, Councilmember Adams seconded, to approve the typical section as revised by City Engineer Cook. Motion, Ayes ( 4 ) , Nays ( 0 ) . APPROVAL OF OVERALL D12AFT OF SUBDIVISION REGIJLATIONS Councilmember_ Frahm moved, Councilmember Adams seconded, to approve the overall_ draft of the subdivision regulations subject to the amendments as stated above. Motion, Ayes ( 4 ) , Nays ( 0 ) . PARK FEE FOR THE FRESHWATER FOUNDATION Councilmember Frahm felt that the Freshwater Foundation should pay the Park Fee of $3 , 800 . Councilmember Adams felt that the Freshwater Foundation should pay the Park Fee. I�Iayor Butler stated that if the Park Fee is to come from the University of Pdinnesota that it would be just exchanging tax payers money. Butler suggested putting the Park Fee on hold until the the Freshwater Foundation decides to develop the rest of that land. Councilmember Frahm stated that the money wouldn ' t come from the University of Ninnesota but would come from Freshwater Foundation, so it wouldn ' t be coming from the tax payers in the first place. Councilmember Frahm moved, Councilmember Adams seconded, to not waive any of the Park Fees for the Freshwater Foundation, and the total of $3 , 800 to be paid in full . Motion, Ayes ( 4 ) , Nays ( 0 ) . CONCEPTUAL DIRECTIONS TO PLANNING COMMISSION FOR CONSIDERATION OF B-2 COMMERCIAL ZONE AT THE PUBLIC HEARING FOR REZONING OF NORTH SHORE DRIVE MARINA Councilmember Frahm stated thathe didn ' t want any more boats or boat slips allowed for any of the marinas . Frahm stated that screening from the lake should be done too. Mayor Butler asked if the City could actually rezone just Hork ' s property. MINUTES OF THE ORONO COUNCIL' S SPECIAL MEETING HELD FEBRUARY 9, 1984. PAGE 4 City Attorney Malkerson stated that the City could just rezone Hork' s property but that the neighbors could come back and sue and say that the City is spot zoning. Malkerson ,suggested just rezoning Hork' s property and let Chaska approach the City to ask for rezoning of their property also. Malkerson stated that if the City doesn ' t want more boats or boat slips that the City could rezone the property subject to Hork dedicating 10 ' of the shoreline to the City. Councilmember Frahm stated that he would rather see clusters of docks rather than docks spread out all along the shoreline . City Attorney Malkerson stated that you may not increase boat slips or boats but then they could have larger boats . Councilmember Frahm stated that the City should agree to the rezoning but that Hork would have to meet the criteria for the building with no variances . P�layor Butler stated that the recommendation to the Planning Commission is that they only consider the question of rezoning Hork' s marina property to existing B-2 and that staff is directed to strictly enforce provisions with landscaping, with such rezoning on a contract basis. HANDICAPPED ACCESS LAREVIEW GOLF COURSE PRECINCT #3 Councilmember Frahm moved, Mayor Butler seconded, to approve the handicapped access lease agreement and addendum to the Lakeview Golf Course in Precinct #3 . Motion, Ayes ( 4 ) , Nays ( 0 ) . ADJOURNMENT 9 :20 P.M. Mayor Butler moved, Councilmember Frahm seconded, to adjourn the special Council meeting at 9 : 20 p.m. Motion, Ayes ( 4 ) , Nays ( 0 ) . —L, �------_.. ,,�C7�` i ��/�!y o f? Mary : Butler, Mayor ATTEST: _ , ,�� ",' %. � �:�.L'L�f�.� ��' �=-�Z��,��./ Alberta M. Strom, CityuClerk