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HomeMy WebLinkAbout11-08-1993 Council MinutesORONO CITY COUNCIL MINUTES r `; REGULAR MEETING ` NOVEMBER 8, 1993 7:30 P.M. ROLL CALL The Council met on November 8, 1993 at 7:30 p.m. in the Orono Council Chambers, 2780 Kelley Parkway, Orono, Minnesota. Mayor Edward Callahan, Councilmembers J. Diann Goetten, and Charles Kelley were present. Councilmembers Hurr and Jabbour were excused. Also present were City Administrator Ron Moorse, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron, City Attorney Kevin Staunton, Public Works Director John Gerhardson, City Engineer Glenn Cook and Recorder Barbara Anderson. Mayor Callahan called the meeting to order at 7:40 p.m. *1. CONSENT AGENDA Councilmember Kelley requested that Items #7, #8, #9, #11 and #15 be added to the consent agenda. Councilmember Goetten moved, Kelley seconded, to approve the Consent Agenda as amended. Ayes 3, Nays 0. Motion carried. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. Mayor Callahan called attention to the Financial Reporting Achievement Award received by the City • and noted that it was quite an accomplishment to have received this award. *2. APPROVAL OF MINUTES Councilmember Goetten moved, Kelley seconded, for approval of the Minutes of the October 25, 1993 City Council Minutes as submitted. All voted in favor. Motion carried. 3. CRYSTAL BAY SITE RECOMMENDATION BY LILI MCMILLAN 0 Lili McMillan gave a report on the discussions held by the Crystal Bay Site Subcommittee and reviewed the issues regarding the future development of the park. She introduced Randi Carlson, a resident of Crystal Bay, who was also present. The Subcommittee felt that the option they preferred was to close the segment of Prospect Avenue between Parcels A and B and combine them into one large open green space. This option would require the approval of the Police and Fire Departments. Randi Carlson stated that there are numerous families in the area with children that would use the park, and she believed that they all would benefit from the park being created. Mayor Callahan commented that he felt that this area should be utilized as a park; however, it was difficult to close streets, but he felt that a large green space was the best use of the property. Ms. McMillan stated they would pursue this with the appropriate agencies and bring it back before the Council with their recommendations. 1 CITY COUNCIL MINUTES CITY OF ORONO NOVEMBER 8, 1993 • 4. FRENCH CREEK PRESERVE BY SUSAN WILSON Mayor Callahan moved, Goetten seconded, that the Park Name for the portion of the old sewage treatment plant property retained by the City as French Creek Preserve. Ayes 3, Nays 0. Motion carried. 4A. CROSS COUNTRY SKIING AT ORONO GOLF COURSE Councilmember Kelley moved, Goetten seconded, to develop a cross country ski trail at the Orono Golf Course. Ayes 3, Nays 0. Motion carried. PLANNING COMMISSION COMMENTS - Janice Berg, Representative There were no comments from the Planning Commission. PUBLIC COMMENT Harvey Reder requested permission to speak regarding Item #6. Al Ingleman, 350 Old Crystal Bay Road, stated he was concerned about the City putting a stop sign at the intersection of Highway 15 and County Road 51. Mayor Callahan assured him that the City had • no intention of placing a stop sign at that intersection. He noted that the Hennepin County Department of Transportation will be back before the Council in the spring with a proposal for a major maintenance project on County Road 15. 5. #1780 CITY OF ORONO, 1000 OLD CRYSTAL BAY ROAD SOUTH, SUBDIVISION /FINAL PLAT APPROVAL, RESOLUTION #3351. Councilmember Goetten moved, Kelley seconded, for approval of #1780 City of Orono, 1000 Old Crystal Bay Road South, Subdivision and Final Approval and adopting Resolution #3351. Ayes 3, Nays 0. Motion carried. 6. #1860 ZELMA MCKINNEY, 3599 LIVINGSTON AVENUE, CONDITIONAL USE PERMIT Mayor Callahan stated that the Council had been advised by the City Attorney that they must grant a Conditional Use Permit to Mrs. McKinney because to allow the continued non - conforming use of the residence as a duplex, because it was used that way prior to the adoption of the new zoning regulations, and they also cannot require the residence to be owner - occupied. He noted that the City could require the petitioner to supply two additional parking spaces to comply with the zoning requirements that four stalls be provided for two residential units. Gayle Siegler was present representing her mother, Zelma McKinney, and she stated that the additional parking spaces required will result in the loss of grass and yard area. • 2 CITY COUNCIL MINUTES CITY OF ORONO NOVEMBER 8, 1993 • Harvey Reder, 3598 Livingston Avenue, stated he believed the additional parking spaces should be added behind the house rather than in the front along the existing driveway, and he believed they could gain access from Blaine Avenue rather than from Livingston Avenue. He noted there was a difference in the grade between the street and the back yard, but believed that two parking spaces could be provided in that area. If the additional spaces were located behind the house they would be screened from his view. Greg Goodfellow, 3585 Livingston Avenue, stated he had submitted a letter to the Council. He understood that the reason for the Conditional Use Permit was because Mrs. McKinney wanted to sell her property and would realize more profit it if were sold as a duplex. He stated that he understood that at one time the property had been used as a tri -plex. He reviewed his letter and noted that he understood that the units used did not meet current building code requirements for a duplex. He was concerned about the decrease in property values for the adjacent residents. He stated he was opposed to the Council granting the Conditional Use Permit. Mayor Callahan reminded the audience that their City Attorney had concluded that the City must grant the Conditional Use Permit because the use existed prior to the new ordinance. City Attorney Kevin Staunton reviewed the legal position of the City regarding granting of the Conditional Use Permit. Harvey Reder stated he was concerned about new residents of the property storing boats and other recreational vehicles outside on the property. Councilmember Goetten stated that nothing of that nature • should be parked on the lot because it was so small that there will be only four spaces for vehicles. City Attorney Staunton commented that the City has the authority to regulate the storage of vehicles on a property. • Mike Anderson, 3580 Livingston Avenue, inquired about whether there were three rental units within the residence. Building and Zoning Administrator Mabusth responded that the application involved a request for two legal rental units in the home. The bedrooms in the basement are not legal because they lack adequate egress windows. Karen Cuff, 3572 Livingston Avenue stated she was concerned about the drainage in the area if the two additional parking spaces were to be placed in the front yard, and the effects of the additional hard surface coverage on the property and potentail drainage problems on her property. Councilmember Kelley commented he favored placing the two additional parking spaces behind the house and having them access from Blaine Avenue. Mabusth commented there would be a problem with the additional hard surface coverage in the front as drainage is a problem on Livingston Avenue. She noted staff would explore gaining access from Blaine Avenue. Mayor Callahan requested this item be tabled for two weeks to allow staff to work out a solution. He noted that the Council favors the parking spaces accessing from Blaine Avenue. 3 CITY COUNCIL MINUTES CITY OF ORONO NOVEMBER 8, 1993 • Councilmember Kelley moved, Goetten seconded, to table #1860 Conditional Use Permit for Zelma McKinney, 3599 Livingston Avenue to allow staff to work out a parking solution. Ayes 3, Nays 0. Motion carried. *7. #1878 CHARLES AND SHIRLEY PYLE, 3548 IVY PLACE, VARIANCE, RESOLUTION #3352. Councilmember Goetten moved, Kelley seconded, for approval of #1878 Charles and Shirley Pyle, 3548 Ivy Place, Variance to allow 75' zone hardcover variance for addition to existing residence, and adopt Resolution #3352. Ayes 3, Nays 0. Motion carried. *8.. #1879 ALLEN AND KATHLEEN BAKKE, 1127 LOMA LINDA AVENUE, VARIANCE, RESOLUTION #3353. Councilmember Goetten moved, Kelley seconded, for approval of #1879 Allen and Kathleen Bakke, 1127 Loma Linda Avenue, after - the -fact setback and hardcover variance for deck constructed /refurbished in 1985, and to adopt Resolution #3353. Ayes 3, Nays 0. Motion carried. *9. #1880 THOMAS AND JANE REGNIER, 1205 ELMWOOD AVENUE, RENEWAL VARIANCE, RESOLUTION #3354. Councilmember Goetten moved, Kelley seconded, for approval of #1880 Thomas and Jane Regnier, • 1205 Elmwood Avenue, renewal of side street setback variance for construction of additions to the existing residence, and to adopt Resolution #3354. Ayes 3, Nays 0. Motion carried. 10. #1882 JOHN M. O'SULLIVAN /O'SULLIVANS, 2420 SHADYWOOD ROAD, COMMERCIAL SITE PLAN REVIEW Assistant Planning & Zoning Administrator Michael Gaffron gave the staff report and stated that an agreement had been reached and staff would draft a resolution amending the commercial site plan approval for Council action at their next meeting. *11. #1883, STEVEN M. ENGLUND, 3855 CHERRY AVENUE, VARIANCE, RESOLUTION #3355. Councilmember Goetten moved, Kelley seconded, for approval of #1883, Steven M. Englund, 3855 Cherry Avenue, for approval of a lot area variance for construction of a single family residence on a 0.37 acre parcel, and adopt Resolution #3355. Ayes 3, Nays 0. Motion carried. 12. #1884, ORVILLE FISHER, 475 OXFORD ROAD, VARIANCE, RESOLUTION #3356. Councilmember Goetten moved, Kelley seconded, for denial of #1884 Orville Fisher, 475 Oxford Road for an after - the -fact variance and to adopt Resolution #3356 denying the variance. Ayes 3, Nays 0. Motion carried. is 4 CITY COUNCIL MINUTES CITY OF ORONO NOVEMBER 8, 1993 0 13.. FLAG LOTS - REVIEW PLANNING COMMISSION RECOMMENDATION Assistant Planning & Zoning Administrator Michael Gaffron gave the staff report and reviewed the proposed new standards for flag lots in the City of Orono. He stated that staff and Planning Commission recommend that the access corridor be created as an outlot, and that the City retain the ability to require a shared access between the two lots in instances where curb cuts are a concern. He noted that the outlots would be 30' in width. He indicated the Planning Commission's intent is that the proposed standards apply only to front /back lots after the ordinance is adopted. Mayor Callahan moved, Kelley seconded, to subscribe to the Planning Commission recommendation regarding flag lots and staff is hereby directed to draft an ordinance implementing these requirements. Ayes 3, Nays 0. Motion carried. Mayor Callahan moved, Goetten seconded, to extend the moratorium on flag lots until December 31, 1993. Ayes 3, Nays 0. Motion carried. 14. TYPE 1 WETLAND BUILDABILITY CREDIT Assistant Planning & Zoning Administrator Michael Gaffron reviewed the staff position on the current status of wetland regulations and potential issues which need to be addressed by the City. He discussed • the current wetland designations on the City maps and discussed the scope of wetland classification which had been enacted as part of the State Wetland Conservation Act and now requires that wetland alteration permits be issued for developments encroaching into wetland areas. Mayor Callahan commented that he felt the Cityordinances should not be changed and that development approvals be contingent upon approvals from the other agencies dealing with the preservation of wetlands and mitigation of impacts. upon those wetlands. City Administrator Ron Moorse stated that as a proposed subdivision is developed it has to be done in conjunction with the other agencies and he believed that should be taken into account when a project is going through Orono's subdivision process. Discussion ensued regarding whether the City of Orono should become involved in regulation of wetland mitigation or leave that aspect of development to be regulated by the other agencies. Mayor Callahan felt strongly that approval by the other agencies throughout the developmental process was sufficient to prevent lots being platted in unbuildable areas, and he did not believe the City should invest time and funds in something that was already being regulated. City Engineer Glenn Cook commented that most potential developers request subdivision approval from the City first and the approvals of these other agencies comes after that fact. Discussion ensued regarding the length of time for processing a subdivision application and the possibility of requiring that the approvals from other agencies come before the final approval by the City. Councilmember Goetten • stated she felt that was necessary. Mayor Callahan stated he felt that the City should require developers to obtain agency approvals before City approval. He stated that he also believed that the Planning 5 CITY COUNCIL MINUTES CITY OF ORONO NOVEMBER 8, 1993 is Commission should not attempt to deal with wetland mitigation issues. He stated that the Council would not adopt a formal resolution regarding this issue that evening. MAYOR /COUNCIL REPORT Mayor Callahan stated that he would be attending a meeting with the Mayors of the cities of Long Lake, Spring Park and Minnetonka Beach this week. He also stated that the City of Orono signed a contract with the City of Long Lake for both Fire and Police protection. Councilmember Kelley noted that he had read the Minutes of the LMCD meeting and they were accurate. Mayor Callahan stated that in an update from the Metropolitan Council they will now negotiate with cities on various operational issues as part of any comprehensive plan amendment process. It will include things like sharing of governmental services and affordable housing. Councilmember Goetten gave an update on the Willow Drive Task Force and noted that the Mayor of Long Lake said they were not going to support the left turn restrictions. The Committee decided not to go ahead with this plan. They are urging that MnDOT continue its efforts to achieve completion of the Willow and 12 safety improvements by the spring of 1995. • CITY ADMINISTRATOR'S REPORT *15. EXTENSION OF PROSECUTION CONTRACT Councilmember Goetten moved, Kelley seconded, for approval of extension of the contract for Prosecution Services with the City of Minnetonka for 1994 in the amount of $31,017. Ayes 3, Nays 0. Motion carried. 16. LONG LAKE ANNEXATION /SUBDIVISION RESOLUTION #3357. City Administrator Ron Moorse gave the staff report and stated that the City of Long Lake wants the new resolution approved. Mayor Callahan commented he supported the change as it relieved the City of Orono of a burden. He felt the last paragraph should be left in and he supported it as presented. Mayor Callahan moved, Goetten seconded, to adopt Resolution #3357 approving the settlement agreement in the form as submitted by the City of Long Lake. Ayes 3, Nays 0. Motion carried. 17. UNDERGROUND TANK REMOVAL UPDATE Mayor Callahan discussed the problem of removal of the contaminated soil and reviewed the problems associated with this project. He felt that they should proceed as rapidly as possible to have this situation • T • CITY COUNCIL MINUTES CITY OF ORONO NOVEMBER 8, 1993 dealt with. He felt that it should be handled by a professional firm if necessary, rather than attempt to save funds by doing it ourselves. Public Works Director John Gerhardson stated that further testing is needed underneath the gas tank to determine the extent of leakage. Councilmember Kelley stated he was concerned about gas tanks at marinas and other facilities leaking and how such leaks could be prevented in the future. Mr. Gerhardson stated that all underground fuel tanks should be registered and tested and replaced when a change of ownership occurs. He noted that testing was done on a subjective basis. Councilmember Kelley requested staff to make an inventory of tanks in the City and report on when they were tested and the schedule for testing them. Councilmember Kelley thanked John Gerhardson for removing the old City buildings and saving the City money. He complimented him on the excellent job he did. *18.. CERTIFICATE OF EXCELLENCE IN FINANCIAL REPORTING AWARD Councilmember Goetten moved, Kelley seconded, that the Council congratulate Finance Director Tom Kuehn and the Financial staff for the City's obtaining the G.F.O.A. Certificate of Achievement for Excellence in Financial Reporting for the 1992 Comprehensive Annual Finance Report; and acknowledges the valuable assistance provided by the audit staff of Malloy, Karnowski, Radosevich and Co. Ayes 3, Nays 0. Motion carried. •* 19. LICENSES Councilmember Goetten moved, Kelley seconded, for approval of the following licenses: Septic System Installer - Quickway Excavation Rockford Gambling License - Lions Mound Northwest Tonka Club at Navarre Lanes Resolution #3358 3435 Shoreline Drive One Day Set -Up Permit - Minnetonka Center for the Arts 2240 North Shore Drive Holiday House Event November 18, 1993 Approximately 6 -10:00 p.m. Ayes 3, Nays 0. Motion carried. *20. BILLS • Councilmember Goetten moved, Kelley seconded, to approve payment of the All Funds Account. Ayes 3, Nays 0. Motion carried. 7 CITY COUNCIL MINUTES CITY OF ORONO NOVEMBER 8, 1993 ADJOURNMENT Mayor Callahan moved, Goetten seconded, to adjourn the meeting at 9:30 p.m. Ayes 3, Nays 0. Motion carried. ATTEST: Jr., Mayor n U .» • n LJ