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HomeMy WebLinkAbout06-13-1994 Council MinutesMINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 13, 1994 • ROLL The Council met on the above date with the following members present: Acting Mayor Gabriel Jabbour, Councilmembers Charles Kelley, J. Diann Goetten, and JoEllen Hurr. The following represented staff: City Attorney Tom Barrett, City Administrator Ron Moorse, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, Public Works Director John Gerhardson, City Engineer Glenn Cook, and Recorder Barbara Anderson. Acting Mayor Jabbour called the meeting to order at 7:30 p.m. ( * #1) CONSENT AGENDA Goetten requested that items #10 and #12 be added to the Consent Agenda. Kelley requested that items #7, #9, and #14 also be added to the Consent Agenda. It was moved by Hurr, seconded by Jabbour, to approve the Consent Agenda as amended. Ayes 4, nays 0. APPROVAL OF MINUTES ( *#2) REGULAR MEETING OF MAY 23, 1994 is It was moved by Hurr, seconded by Jabbour, to approve the Minutes of the Regular City Council Meeting of May 23, 1994 as submitted. Ayes 4, nays 0. C] ( * #3) COUNCIL WORK SESSION OF MAY 24, 1994 It was moved by Hurr, seconded by Jabbour, to approve the Minutes of the Council Work Session of May 24, 1994 as submitted. Ayes 4, nays 0. ( * #4) COUNCIL WORK SESSION OF JUNE 6, 1994 It was moved by Hurr, seconded by Jabbour, to approve the Minutes of the Council Work Session of June 6, 1994 as submitted. Ayes 4, nays 0. PARK COMMISSION COMMENTS Park Commissioner Susan Wilson was present and noted that the Council had received the 1994 Park Commission Action Agenda in their packet, and stated she was present to answer any questions. Hurr inquired if the Adopt -A -Park program was in place, and Gerhardson responded that they had six to seven locations spoken for already. Hun requested a list from staff of those people who were participating in this program. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 13, 1994 PLANNING COMMISSION COMMENTS - Dale Lindquist, Representative • There were no Planning Commission comments. PUBLIC COMMENTS Barbara Lurkins, 776 North Brown Road, stated that Long Lake is experiencing a surfeit of jet skiers which is causing noise pollution for the residents who reside on the lake. She stated that it appears to be an organized group of jet skiers who use the lake daily, and she stated they are on the lake all during the daylight hours. She believed there were too many jet skiers using the lake for too many hours, and she requested that the City Council do something to lessen the amount of time that jet skiers would be allowed to use the lake. Hurr inquired if it might not be possible to require all jet ski users to obtain a permit before using the lake, as she felt that an ordinance would be too difficult to enforce. Since this appears to be an organized group, she felt that perhaps a permit process would solve the problem. Lurkins responded that she felt an ordinance would give the police the authority to limit activity whereas a permit would not do this. Jabbour commented that the City Council will make every effort to deal with this issue. Dick Flint stated he also lives close to Long Lake and was present to reinforce what Mrs. Lurkins had stated. He stated that he did not live on the lake shore, but was somewhat buffered • by trees between the lake and his home, and he still found the noise levels from the jet skis extremely high. He felt that the means of enforcement could be done in conjunction with the City of Long Lake to limit the activity. Discussion ensued regarding possible means of regulating activity. Gerhardson stated that there are presently no ordinances in effect which would regulate the hours of activity or establish any limits on Long Lake. Acting Mayor Jabbour requested that staff look into what types of ordinances other communities might have in place which might be utilized by Orono to remedy this problem. ZONING ADMINISTRATOR'S REPORT ( #6) #1885 - LUNDGREN BROTHERS CONSTRUCTION, INC., 2675 SIXTH AVENUE NORTH - SKETCH PLAN REVIEW Mabusth briefly reviewed the existing zoning on the property and the zoning as proposed by the developer. She introduced Terry Forbord, representing Lundgren Brothers. Kelley commented that he did not feel the developer had reduced the density as previously directed by the City Council and he did not see why the application was before them again. • 2 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 13, 1994 • ( #6) #1885 - LUNDGREN BROTHERS CONSTRUCTION, INC., 2675 SIXTH AVENUE NORTH - SKETCH PLAN REVIEW (CONTINUED) Terry Forbord, 935 East Wayzata Boulevard, the City Council had reviewed the original proposal and that proposed a density of 58 units. They have revised the plan and are now proposing a density of 44 units. This was the plan reviewed by the Planning Commission in May. Jabbour inquired if the developer was aware that since three of the Planning Commissioners had conflicts of interest, Mayor Callahan had appointed Councilmembers Kelley and Goetten to sit on the Planning Commission to help them make a decision regarding this proposal. Forbord responded that he was aware of that. Mr. Forbord stated that they are trying to develop a property, which is very difficult to develop. He reviewed the proposed plan and noted that the property cannot be served with septic systems because the water table is too high. They have reduced the density to 44 units which is the fewest number of units they feel they can have and still have a viable project. Because of the extensive grading required to develop the property the costs will be increased by approximately $50,000 per lot, which is extremely high. They have created a large transition area along the northern portion of the site, and are requesting the rezoning for the southern portion of the project to a 1 -acre density. They believe it could be economically feasible at the density of 44 • units. He noted that the location of the property along Highway 12 was indicative of a more intense use as specified in the Comprehensive Plan. The land does not have the attractive rural features which so many other sites in Orono have, which would make this property difficult to develop as two acre lots. He noted they are conforming to the present zoning on the northern portion of the property and are requesting a zoning change for the southern portion. • Goetten asked how small the lots would be, and Forbord responded that he did not have those figures immediately available. Jabbour commented he had a logistic problem with the plan because there was no hardship demonstrated and he felt they were being asked to grant a variance to the zoning and they were strictly prohibited from granting a variance on the basis of financial gain. He noted that the City Council was under no obligation to create buildable area for a development. He felt that the density proposed for this project was too high and while sewer might be the best means of development, he still felt that the two acre minimum lot size was the best. He noted that the PUD zoning does give the developer benefit because of the sewer. Hurr inquired what the smallest lot size would be, and what the density would be in the multiple residential portion of the project. Mabusth responded that it could be six units per acre, but the exact density was up to the developer making the proposal. Discussion ensued regarding transition between the subject property and the surrounding areas. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 13, 1994 ( #6) #1885 - LUNDGREN BROTHERS CONSTRUCTION, INC., 2675 SIXTH AVENUE • NORTH - SKETCH PLAN REVIEW (CONTINUED) Kelley stated that he took issue at the statement that the land did not have amenities as other areas of the City, and thus would be more difficult to develop. He felt the fact that the property abutted a major highway was an issue for creating a transition area. If the highway does not end up in this location, that would remove the need for that transition area. He stated that not all land in Orono was developable. He noted that the City Council was not responsible for the developer's expenses and if it could not be developed at a reasonable cost, that was unavoidable. Hurr commented that the reason for having the multiple residential zoning classification was to provide alternative and affordable housing for Orono residents. Discussion ensued regarding where the high density residential portion of the project should be located. Goetten stated she felt that the proposed 44 unit density was too high, but she would like to see the developer rework his plans and come back to the City with a revised proposal. Jabbour noted that the Council agreed with the PUD zoning designation, and he hoped that the developer would be able to achieve a 2 acre density. Forbord stated they would contemplate the comments made by the Council. Hurr noted that she did not have a conflict of interest in this proposal because her sister was involved with legal representation only for the applicant, but had no financial investment in the • project. ( *#7) #1904 ERIC AND SHELLY LELJEQUIST, 3490 BIRCH LANE - CONDITIONAL USE PERMIT /VARIANCE - RESOLUTION NO. It was moved by Hurr, seconded by Jabbour, to adopt Resolution No. approving #1904 Conditional Use Permit /Variance for Eric and Shelly Liljequist at 3490 Birch Lane. Ayes 4, nays 0. ( #8) #1915 GEORGE APPLEBAUM, 4109 HIGHWOOD ROAD, VARIANCE Mabusth reviewed the proposal and the recommendation made by the Planning Commission. George Applebaum was present and noted that the steps shown on the plan were necessary in order to maintain the landscaping, which is extensive on the property, because of the steep slopes. Goetten stated she found it difficult to approve the request because of the large amount of hardcover on the property. Applebaum stated that they concentrated on removing hardcover area in the 0 -75 setback area. Hurr stated there should be more hardcover reduction on the property, and she agreed with Goetten. 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 13, 1994 • ( #8) #1915 GEORGE APPLEBAUM, 4109 HIGE WOOD ROAD, VARIANCE (CONTINUED) Kelley stated he supported the proposal because the applicant was improving the setbacks and he had reduced the hardcover in the 0 -75 setback area. He viewed it as an overall improvement to the property and supported the proposal. Jabbour stated that if the Council adopted the Planning Commission recommendation, would the applicant have any problem complying with the requirements for additional hardcover removal. Applebaum responded that he was willing to remove the hardcover in those areas indicated on the plans. Goetten inquired what the hardship was and Applebaum responded that the topography and the existing setbacks from the buildings along with the existing retaining walls to hold the slopes on the property. Discussion ensued regarding the amount of hardcover on the property, and the size of the addition to the house. Goetten commented that she felt that the lot was overbuilt to begin with and more was being added to the site with the proposed addition than should be built. Applebaum responded that to live in a house on a lake without any decks would be unacceptable, and he would leave the property as it exists if the Council required him to remove them from his plans. He noted that he had gone to great expense to have plans drawn to reflect the changes required by the Planning Commission, and he was not willing to remove anything else from the plans. • Hun moved to approve #1915 Variance for George Applebaum at 4109 Highwood Road with the provision that the hardcover in the 75 -250 area not be increased. The motion failed for lack of a second. • It was moved by Jabbour, seconded by Kelley to approve #1915 variance for George Applebaum, 4109 Highwood Road, subject to the conditions recommended by the Planning Commission. Ayes 2, nays 2. Hurr and Goetten voted no. It was moved by Jabbour, seconded by Kelley, to table #1915 variance for George Applebaum at 4109 Highwood Road until a full Council is present. Ayes 4, nays 0. ( *#9) #1927 MARY K. MCCARTY, 245 TONKA AVENUE - VARIANCE - RESOLUTION NO. 3437 It was moved by Hurr, seconded by Jabbour, to adopt Resolution No. 3437 approving #1927 variance for Mary K. McCarty at 245 Tonka Avenue, as recommended by the Planning Commission. Ayes 4, nays 0. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 13, 1994 ( * #10) #1928 SUZANNE K. WACKER, 1115 BROWN ROAD SOUTH - • VARIANCE - RESOLUTION NO. 3438 It was moved by Hurr, seconded by Jabbour, to adopt Resolution No. 3438 approving #1928 variance for Suzanne K. Wacker at 1115 Brown Road South, as recommended by the Planning Commission. Ayes 4, nays 0. ( #11) #1930 MARGARET P. COST, 255 BROWN ROAD SOUTH - VARIANCE - RESOLUTION NO. 3439 Mabusth reviewed the proposal and the Planning Commission recommendation. Margaret Cost was present. Hurr asked why there was not a shared driveway because the drop in elevation would make a shared driveway the best choice for this area. Goetten concurred and stated she would like to see both property owners work together to resolve this. Mabusth noted that the Council four years ago had approved a separate access for this project and there was a resolution on file. Margaret Cost stated she would prefer to have a separate driveway because the differences in grade would make a driveway coming from her neighbor's property extremely steep, and she did not feel that was safe. She was also concerned about the neighbor's children playing in their driveway, and believed separate access for her property was the best solution for this property. Discussion ensued regarding why the variance was needed based on the topography and the • wetland regulations. The building envelope was discussed and alternatives for the building footprint were examined. The slopes were discussed and the maintenance of a 2:1 slope was explained. Adrian Kearney, 265 South Brown Road, stated he was concerned about the driveway and the slopes. They felt that a smaller house would fit better on the site. He felt the proposed plan was too aggressive a plan and the location of the driveway was very close to their property line. He felt they should share a driveway access. Kelley inquired if Mr. Kearney was aware of the subject lot when he purchased his property, and Mr. Kearney responded that he had researched this area thoroughly prior to purchasing his home. Mabusth stated that the driveway issue was settled four years ago and that to change the access now to a shared access may result in both the Court and the City being placed in a difficult legal dilemma with the current owner. Goetten inquired if there would be any liability on the part of the City if the tributary should flood and Mabusth responded that the house would be too high to be affected by any flooding. L� 1 MINUTES OF THE REGULAR ORONO CITY COUNCII, MEETING HELD ON JUNE 13, 1994 • ( #11) #1930 MARGARET P. COST, 255 BROWN ROAD SOUTH - VARIANCE - RESOLUTION NO. 3439 (CONTINUED) It was moved by Kelley, seconded by Jabbour, to adopt Resolution No. 3439 approving #1930 variance for Margaret P. Cost at 255 Brown Road South, as recommended by the Planning Commission. Ayes 3, nays 1. Hurr voted no. ( * #12) #1931 MEGAN TULLY, 1910 SHORELINE DRIVE - VARIANCE/ CONDITIONAL USE PERMIT - RESOLUTION NO. 3440 It was moved by Hurr, seconded by Jabbour, to adopt Resolution No. 3440 approving #1931 Variance /Conditional Use Permit for Megan Tully at 1910 Shoreline Drive as recommended by the Planning Commission. Ayes 4, nays 0. ( #13) REQUEST FOR BUILDING PERMIT FOR RESIDENTIAL CONSTRUCTION - LOT 1, BLOCK 2, OLD CRYSTAL BAY ROAD ADDITION - RESOLUTION NO. 3441 Chuck Dillerud was present representing Tony Eiten Construction requested that the Council approve issuing a building permit for Lot 1, Block 2, Old Crystal Bay Road Addition. He stated they wish to construct a Parade Home on this lot, and they need to begin construction as soon • as possible in order to have the house completed prior to the Parade of Homes in the fall. He explained that they plan to gain access to the property via a driveway to an old barn coming from Watertown Road until the permanent access from Countryside Drive West is available. .7 Kelley inquired if Countryside Drive West would be installed prior to the Parade of Homes and stated that if it was not, he would be concerned about parking problems occurring on Watertown Road. It was moved by Hurr, seconded by Kelley, to adopt Resolution No. 3441 approving issuance of a building permit for Lot 1, Block 2, Old Crystal Bay Road Addition, subject to the condition that the access from Countryside Drive West be completed and a Certificate of Occupancy issued for the house prior to the Parade of Homes. Jabbour requested that the motion be amended to include that the subdivision be finalized before any additional permits will be issued for this development. Hurr so moved, Kelley seconded the amendment to the motion. Ayes 4, nays 0. MAYOR /COUNCIL REPORT Hun inquired about the notices for the School District building because several residents had stated they did not receive any notice of this application. Mabusth responded that they had been required to state that the bleachers would be next to the tennis courts for clarity, which some residents had found confusing. Also, there were problems with the notification process on this application. 7 MWUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 13, 1994 MAYOR /COUNCIL REPORT (CONTINUED) Jabbour noted that the Long Lake Fire Department had held a practice burn exercise which was very impressive. He noted that Mayor Callahan had requested that he inquire about the raises for salaries and noted that he felt that all employees on the same level should be treated equally regardless of whether they were members of a union or not. It was moved by Jabbour, seconded by Kelley, to approve an increase to the pay ranges of all salaried staff of 2.75 %. The salary adjustments will be effective January 1, 1994 for all salaried staff except the City Administrator and Police Chief, who received step adjustments effective June 1, 1994. Ayes 4, nays 0. Hun stated that there were issues concerning County Road 15 which need to be decided and requested that this item be scheduled for a Work Session. Kelley requested a separate meeting for this item, since it would take quite a bit of discussion to address, and he felt that would be too long a meeting if the discussion of the septic systems were on the same agenda. Hun left the meeting at 9:20 p.m. 0 Kelley stated that the Fire Relief Association had informed him that the number of calls for service had increased significantly from last year, and they were on budget in most areas, but the number of calls was the biggest variable when making up a budget. He also requested staff • to be sure that signs were posted regarding the closing of Old Crystal Bay Road prior to that actually occurring to give residents notice that it was going to occur. CITY ENGINEER'S REPORT ( * #14) AWARD BID - OLD CRYSTAL BAY ROAD IMPROVEMENT It was moved by Hurr, seconded by Jabbour, to award the bid for the Old Crystal Bay Road Project to Buffalo Bituminous, Inc. in the amount of $157,105.00 contingent upon MSA approval. Ayes 4, nays 0. CITY ADMINISTRATOR'S REPORT ( #15) AWARD BID - WHEEL TYPE LOADER It was moved by Kelley, seconded by Jabbour, to award the bid to St. Joseph Equipment Company for one new front end loader with plow and wing in an amount of $98,145.00. Ayes 4, nays 0. • 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 13, 1994 • ( #16) CRYSTAL BAY SITE BUILDING DEMOLITION Moorse reviewed the history of the building and Goetten commented she felt it was too expensive a property to retain, and she felt it should be demolished. It was moved by Goetten, seconded by Jabbour, to demolish the building based on the cost factor of retaining it, and the liability of the City at having an empty building sitting there. Ayes 3, nays 0. Jabbour commented he felt it should be demolished as soon as possible, and requested staff to inform Council of the costs of this demolition. CITY ATTORNEY'S REPORT ( #17) PARTIAL RELEASE OF CONDITIONS OF SUBDIVISION APPROVAL Tom Barrett stated that the developer has posted a letter of credit covering the cost of the roadway, so the condition in the resolution has been met. It was moved by Kelley, seconded by Jabbour, to approve the partial release of conditions of subdivision approval for Foxwood Second Addition. Ayes 3, nays 0. ( * #18) LICENSES • It was moved by Hurr, seconded by Jabbour, to approve the following licenses: • Garbage and Refuse Collector's License Septic System Installer Ayes 4, nays 0. ( * #19) BILLS Baldy Sanitation, Inc. Maple Plain, MN Kober Excavating Zimmerman, MN It was moved by Hurr, seconded by Jabbour, to approve payment of the All Funds Account as submitted. Ayes 4, nays 0. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 13, 1994 ADJOURNMENT The Council adjourned to Executive Session at 9:45 P.M. ATTEST: Gabriel Jabbo , Acting Mayor 10 • • 17J