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HomeMy WebLinkAbout09-25-1995 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 259 1995 • ROLL The Council met on the above date with the following members present: Acting Mayor Gabriel Jabbour and Council Members J. Diann Goetten, Charles Kelley, and JoEllen Hurr. Mayor Callahan was absent. Representing Staff were Acting City Administrator John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Kevin Staunton, City Engineer Glenn Cook, and Recorder Sherry Frost. City Administrator Moorse was absent. Acting Mayor Jabbour called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items #6 and 97 were added to the Consent Agenda. Hurr moved, Goetten seconded, to approve the Consent Agenda as amended. Ayes 4, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF SEPTEMBER 11, 1995 Hurr moved, Goetten seconded, to approve the Minutes of the Regular City Council Meeting of September 11, 1995. Ayes 4, Nays 0. • PARK COMNIISSION COMMENTS Chair Flint reported that the Friends of the Park Awards will be presented at the Park Commission meeting of November 6, 1995, at 7:00 p.m. Flint invited the Council to attend. Flint commented that the Brown Road trail was completed and receiving use. The Crystal Bay Park is proceeding in its completion and being used. Jason Christenson has contributed benches that he made for use in several parks. The benches are reported to be very attractive. These benches were made as part of Christenson's work towards earning his Eagle Scout award. Flint reported that the City was racing against time in meeting the October 15 deadline for the completion of the Old Crystal Bay Trail. The projected construction has not been started. Gerhardson confirmed for Kelley that only the first 200 feet of trees would be disturbed in the construction north of Watertown Road. Flint commented that the Park Commission is attempting to work on the park planning process. • 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 25, 1995 k._ PLANNING COMMISSION COMMENTS • No member of the Planning Commission was present. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( #3) #1921 MARY ULRICH, 1000 LOMA LINDA AVENUE - SUBDIVISION - FINAL PLAT APPROVAL - RESOLUTION #3607 Mark Gronberg was present as well as Mr. & Mrs. LaMere, purchasers of the lot. Gaff -ron reported that the request was for a final plat for property located in the 1 acre zoning district at Loma Linda and North Arm Drive. The property with the existing house will be split off from the rest of the property for the subdivision. The existing wetland will be dedicated. Dedication of roadway for North Arm Drive will occur of 33' with an additional 25' of Loma Linda, a roadway which does not exist on current plat maps. The existing house is connected to sewer via North Arm Drive but will be changed to a connection from Loma Linda. The new residence will use the existing sewer connection. The property has previously been assess for two sewer units. The • proposal is for a 90' view easement for the view from the west. This still leaves a substandard building envelope. The $3600 park dedication fee has been paid. Conditions placed on the proposal include the sewer reconnection, lot 1 driveway to be located from Loma Linda and approved by Public Works Director Gerhardson. Any changes in the future would require notification regarding the view easement. Hun moved, Kelley seconded, to adopt Resolution #3607 granting final approval for the plat of Lakeside Heights for Mary Ulrich at 1000 Loma Linda Avenue. Vote: Ayes 4, Nays 0. ( *#4) #2020 JAMES BRUCE, 565 LEAF STREET: A. VACATION OF DRAINAGE EASEMENT - RESOLUTION #3608 Hurr moved, Goetten seconded, to approve Resolution 43608. Ayes 4, Nays 0. B. FINAL SUBDIVISION - RESOLUTION #3609 Hurr moved, Goetten seconded, to approve Resolution #3609. Ayes 4, Nays 0. U 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 25, 1995 ( #5) #2058 RON RANTZ/AUTOGRAFS, INC., 2525 SHADYWOOD ROAD - • COMMERCIAL SITE PLAN REVIEW Present were Ron Rantz, applicant, and architects, Keith Waters and Blake Bichanich. Jabbour reported that there was a potential rezoning for this applicant. The applicant was given the choice to await approval of the application until the zoning issue has been addressed, which the applicant feels would be necessary for possible future expansion, or to abandon the rezoning possibility and proceed with the application as proposed. Jabbour suggested that the applicant obtain City approval on rezoning now if it was in their plans to expand on what is now the residential portion of the lot combination. The applicant was notified that rezoning is a complicated issue and would take time to resolve. Any request for spot - zoning, for which approval is rare, would need to go before the Planning Commission. Waters said the applicant hopes the plan will work without needing to change any requirements but due to the newness of the business and potential success, the applicant needs to know now what the options are for possible future expansion. The printers and environmental machinery would be difficult to move in the future. The applicant asked for direction from the Council regarding changing 35' of the residential property to commercial zoning. • Mabusth presented some background of the history of the property and current application. The property consists of the 3 -lot Leach Addition containing two commercial and one residential lot. Kelly Avenue abuts the residential lot to the west. A duplex was approved for the residential lot with a 24' road easement along the north side of lot 1 and a second curb cut and driveway to serve lot 2. Based on the zero lot line setback to the rear lot lines of lots 1 and 2. The applicant must combine all three lots. A duplex shall not be built on lot 3. There is no longer a need for the easement access. The proposal is for a 2 -story walkout -type designed building sloping from the north to south. No variances are being sought. 67 parking stalls have been provided. At the Planning Commission review, there was a question with net floor area estimate. This has been adjusted, and 6 stalls have been added to site plan for a total of 67 stalls. The Planning Commission had recommended approval of the commercial site plan. The applicant does not know if there will be a future need to expand but if it became a reality, he would want to expand to the west with a slight expansion of 35' on the north for parking and building addition. The Planning Commission was uncomfortable with the expansion question and asked that it be raised before the Council. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 25, 1995 ( #5 - #2058 Ron Rantz/Autografs, Inc. - Continued) • The site plan review was approved by the Planning Commission with the legal combination of the three lots. All setbacks are based on the combination. Rezoning would be decided by the Council for their conceptual approval. The rezoning area in question runs along the west rear lot lines of lots 1 and 2. Mabusth reviewed an exhibit locating the zoning boundary and the uses that extended beyond those boundaries. While the City does not respond to single spot rezoning, there are these discrepancies that exist along the B-4 zoning boundary. Hurr asked how the area under question for expansion would be used. Mabusth said it would allow for a building expansion and additional parking. Hurr asked if it is l' gal to have combined lots in two zoning districts. Mabusth said the County does review the zoning of a property when asked to complete a combination. Jabbour said if the property were to be subdivided, new setbacks would be requi ed. Mabusth advised the residential property could not be developed if the structure 's placed right along a zoning boundary line to the rear of lots 1 and 2. This is why the City asks for an open space easement over lot 3. Goetten recommended looking at the comprehensive plan for the area and said she was not in favor of spot zoning." Hun agreed. Jabbour noted there are some business owners in Navarre who would like to change the • zoning in the area. Mabusth said no one has come forward regarding any zoning change. The church property has had inquiries regarding the zoning. Mabusth said there was a purchase agreement for the church property by the owners of the Martin station. Jabbour said he was not against rezoning but it would require addressing the whole area. He is favorable to the application and feels it would be a good use for the property. Jabbour noted it would take 4 /5th majority vote of the Council for rezoning. Jabbour said it is up to the applicant on whether to proceed with the application as proposed with the combined three lots. It was noted that nothing could be built on the land in the conservation area. Goetten asked if there was a possibility of relocating the structure on the commercial zoned property. This was addressed by the Planning Commission according to Mabusth and was found to require more variances. Waters said the property was chosen as it was not part of a typical industrial area but saw it as a good area for a high -tech business. He said the business could have been squeezed into the area nearer to the street but it was the intent to benefit all concerned with a buffered, treed, more natural looking environment. He said he was unsure on whether to proceed as proposed. • 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 25, 1995 ( #5 - 92058 Ron Rantz/Autografs, Inc. - Continued) • Goetten said she was not against the application but rezoning was a problem. Jabbour said if the applicant thought there would be no need to expand, he was excited about the design and would like to have these people living and working in the area. He said rezoning was a totally different issue. Mabusth commented that if conceptual approval was given, Staff would bring back to the Council a resolution, which would outline any additional paperwork needed. Council informed the applicant that if they proceeded with the application now and then meanwhile addressed the rezoning issue, it would save time. Waters questioned whether the Council five years down the road would look differently at the request for rezoning if it was not addressed now. He questioned whether the applicant would be told he should have addressed it during the initial application. Jabbour said the value of the development is not taken into consideration during rezoning. Rantz said he has spoken with the neighbors informing them of his design for the building and the setting on the property. He said he is concerned with issues of wetlands and trees and desired to maintain this natural look. His only question is what can be done with the back lot. He knows he benefits from the residental lot by the building placement on the • combined lots. Bichanich said with the 235' of length of the residential lot and requesting only the use of 35, he is unaware of what exactly can be done with the lot. Jabbour noted that any zoning variances are only good for a year, and if a variance were to be granted, it would not be an option in this application if expansion is not planned for the immediate time period. C7 Jabbour reiterated that the conservation easement would be required, which allows no building on the residential lot. He further added that the conservation easement should be subject to a zoning change if one should happen. Mabusth said the conservation easement could be amended if rezoning occurred and stipulated in the resolution. Gaffron commented the present Council could not bind a future Council but should make them aware of what are the present intentions. Rezoning would not be an individual benefit but would affect the whole area. Hurr suggested to the applicant that he get together with the other Navarre business owners and lead a rezoning effort if that was the consensus of the group. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 25, 1995 ( #5 - #2058 Ron Rantz/Autografs, Inc. - Continued) • Bichanich said there could be an ability to expand upward or manipulate the building somehow. He continued there would be no variances required with this application, but if one was granted and could only be extended for a time period of a year, could it apply to parking for future expansion. Mabusth noted the commercial parking of vehicles is not a permitted use in a residential zone. Mabusth said a future Council could not be tied to such a decision and neither can promises be made for the future. She added that a possible redesign could be done with the building in the future with a request for a parking variance. A variance would have a better chance of being approved than a rezoning. Jabbour asked if the classification for the property could change. Mabusth said it was a B-4 classification and did fit that use. Kelley noted the future could not be predicted. Hurr added that a variance is not a rezoning issue. Hurr moved, Kelley seconded, to conceptually approve the commercial site plan review and directed Staff to draft a resolution. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Hurr moved, Kelley seconded, to direct Staff to research the issues presented in the memo regarding lake access written by City Attorney Barrett. Ayes 4, Nays 0. • Kelley voiced his objection over the recent decision by the Wayzata City Council regarding the stoplight at the intersection of Hwy 12 and Wayzata Boulevard. He has spoken with City Administrator Moorse regarding this issue. Kelley said he never would have voted for the annexation of the property to Wayzata if he had known this would occur. Hurr said the Council should have put conditions on the annexation. Jabbour said the City should officially object to the decision made by Wayzata. He noted that the mayor of Wayzata voted against the stoplight but new council members voted for the stoplight. Goetten said she was "shocked and appalled" at the decision. Jabbour reported that an emergency meeting of the LMCD was called regarding miscalculations made in the levies to several cities. Orono was shown to owe an additional $169.00. A question was asked at this meeting if cities were interested in holding town meetings to inform the public of the dangers of transporting zebra mussel. Jabbour was concerned that such a meeting would attract those on the lake who are interested in halting the transportation of the mussel, and not those off the lake who are most in need of hearing the information. Jabbour said he was excited about having a town meeting. Hurr noted that the Freshwater Institute was holding a workshop on the zebra mussel on October 7 and suggested a member of the LMCD attend the workshop. The workshop is open to the public. 1�1 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 25, 1995 • (Mayor /Council Report - Continued) Jabbour commented on the newspaper article by a resident of Tonka Bay, who felt the City of Orono was looking into providing police service to Tonka Bay. Moorse has written a letter to the police chief of South Lake Minnetonka Public Safety Dept. in response to the article notifying Chief Young that Orono is not pursuing the provision of police services to the City of Tonka Bay. Kelley said the September 15 issue of "City Business" newspaper referred to the City of Orono and quoted City Administrator Moorse in the article. Kelley has requested a copy of the newspaper. Gaffron informed Council that the contractor for the Jundt's has requested consideration to move the schedule forward for approving the amendment to a previous application regarding excavating of retaining walls in the tunnel area located in the 0 -75' zone. The Jundt's would be unable to complete replanting this season if the application did not go before the Council until the October 9 meeting. The Council said they had originally asked for a comprehensive plan for the property instead of receiving many different applications. Council denied looking at the application before the October 9 meeting. The Council discussed the need to notify the residents of Old Beach Road and remind them of their promise to ask the City of Minnetonka Beach for a left turn lane from CoRd • 15 onto Old Beach Road. This has not been attempted, and the Council needs to readdress this issue. ENGINEER REPORT City Engineer Cook had nothing additional to report. ( *#b)-REQUEST FOR PAYMENT #3 - OLD CRYSTAL BAY ROAD Hurr moved, Goetten seconded, to approve Payment 93 for Old Crystal Bay Road Project to Buffalo Bituminous in the amount of $22,577.70. Ayes 4, Nays 0. ( * #7) REQUEST FOR PAYMENT #5 - BROWN ROAD NORTH Hurr moved, Goetten seconded, to approve Payment 45 for the Brown Road North Project to Buffalo Bituminous in the amount of $94,361.97. Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( #8) SCHEDULE A LAKE USE COMMITTEE MEETING Goetten commented that she would like to have been notified of the September 13 • meeting. Gaffron said the meeting had been called on short notice. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 25, 1995 (98 - Lake Use Committee Meeting - Continued) Gaffron said two meetings will be needed, one for the use of the site and one for site planning itself. The meeting in need of scheduling will be for site planning. It is the intent of Staff to get the application before the Planning Commission but must be discussed by the Lake Use Committee first. The meeting was scheduled for Wednesday, October 4, 1995, at 8:00 a.m Gaffron said Planning Commissioner Rowlette would not be in attendance. Jabbour said other members should be there to aid in resolving issues. Gaffron will contact the Planning Commissioners of the meeting. Jabbour asked that all of the Council be updated on the issues. CITY ATTORNEY'S REPORT City Attorney Staunton had no report. ( *#9) LICENSES Hurr moved, Goetten seconded, to approve the following licenses: Ayes 4, Nays 0. Septic System Installer Home Occupation License Annual Review ( * #10) BILLS McCarthy Water & Waste 6250 Highway 12 West Maple Plain Ben Meinhardt 3585 Sixth Avenue North Hurr moved, Goetten seconded, to approve payment of the All Funds Account. Ayes 4, Nays 0. 8 • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 25, 1995 ADJOURNMENT • Hurr moved, Jabbour seconded, to adjourn at 8.00 p.m. Ayes 4, Nays 0. • Gabriel'Ubbour, Acting ATTEST: 9