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HomeMy WebLinkAbout02-14-2000 Council Minutesa 11 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14, 2000 ROLL The Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Richard Flint, Charles Kelley, Barbara Peterson, and Bob Sansevere. Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Assistant Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Mayor Jabbour called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve /Amend Items 6, 7, 8, 9, 15, and 16 were added to the Consent Agenda. Flint moved, and Peterson seconded, to approve the Consent Agenda as amended. • Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. Regular Council Meeting of January 24, 2000 Flint moved, and Peterson seconded, to approve the Minutes of the Regular City Council meeting of January 24, 2000 as submitted. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - ANDREW MCDERMOTT, REPRESENTATIVE McDermott brought a number of items to the Council's attention. Sledding is open at the golf course and they are selling hot chocolate on the weekends. They are doing survey work at Saga Hill, and are having a difficult time finding all the property corners. The Commission is working to locate them all and have ended up with more property than they originally thought they had. They're excited to be getting some areas with large trees. Summit Beach will advertise canoe rack rentals in March or April. The Park Commission will be working on a 5 or 10 year plan for is capital improvements. L! a ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14, 2000 0 PLANNING COMMISSION COMMENTS — LIZ HAWN, REPRESENTATIVE None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT 3. #2530 William Wear, 2160 Wayzata Boulevard — Variance — Resolution No. 4420 Mr. Wear was not present, but was represented by his general manager. The City Council had previously reviewed this application and tabled the request because the overhead canopy was not in conformance with the approvals granted on a prior land use application. The property owner has since replaced the lighting under the overhead canopy to comply with the City requirement. • The property was granted variances for allowed signage per Resolution No. 2073 that approved 573 s.f. as part of a Comprehensive Sign Plan. The Applicant has proposed a new sign plan that would dedicate more signage to one use than was permitted by Resolution No. 2073. The Planning Commission has reviewed the request and recommended the property be allowed 380 s.f. of signage, based on the use of the property as a shopping center. The site is zoned B- 1, however, the use of the property for a number of years has been consistent with that of a property in the B -3 district. If this lot was located in the B -3 district it would be allowed 380 s.f. of signage. The building is designed for each tenant to have exterior access. This requires each tenant to be identified on the exterior of the building rather than the interior entrance associated with a shopping center. Sansevere stated the lights replaced under the canopy look much better than the lights originally installed. Flint questioned how the proposed sign they received in their packet was different from the new proposal. is 4 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14, 2000 ( #2530 William Wear, continued) Weinberger stated the sign has not changed, but a brick planter 3 feet in height is proposed to be located under the sign. Flint stated he is willing to vote in favor of the application although the sign may not be what he would like to see on the site. Flint noted the business owner has been cooperative with the City throughout the process. Kelley liked the idea of a planter base, but overall disapproved of the new sign because it would be too tall. Mayor Jabbour stated that the Council would like the bricks to be masonry bricks and the plants to be tended to. He also indicated that the sign height is not the City's ultimate design standard for the Highway 12 area, but it is much improved from the former pylon sign on the property. The City will be developing design standards in the near future. Hawn noted that the Conoco has collateral signs (e.g. an ATM banner) that should come down. Weinberger stated all signage must be in conformance by March 31, 2000. • Mayor Jabbour stated that all collateral signage must be removed before March 31, 2000 as a condition of approval of the variance. He also stated that the Council would like to see the sign with modest illumination only during business hours, and with flowers planted and tended to in the base, or a plan approved by the City. Flint moved, and Sansevere seconded, to adopt Resolution No. 4420 granting a variance to Municipal Zoning Code Section 10.61, Subd. 3(A). Vote: Ayes 4, Nays 1. Kelley opposed. 4. #2540 Bradley Hoyt, 2523 Kelly Avenue - After - the -fact Conditional Use Permit Mr. Hoyt was not in attendance but was represented by Mr. Sheridan. Mr. Sheridan requested that the application be tabled. Mayor Jabbour noted the applicant would need to provide a letter to the City of Orono to extend the application deadline. Mr. Sheridan stated he would be willing to write a letter to Mr. Barrett, on behalf of Bradley • Hoyt, to extend the application deadline. ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 149 2000 �J ( #2540 Bradley Hoyt, continued) Barrett stated a public hearing had been scheduled with the Planning Commission on January 19, 2000. Neither Mr. Hoyt nor representatives on his behalf appeared at the January 191 public hearing. Mr. Sheridan stated Mr. Hoyt is prepared to submit a complete application to present at the February 28, 2000 meeting of the Council. Mayor Jabbour stated a new public hearing with the Planning Commission may be required. Barrett stated a public hearing would be required to review the variance request. Kelley stated the earliest this item could potentially return to the City Council would be the last meeting in March. Mr. Sheridan stated he would be willing to draft a letter to extend the deadline to permit time to proceed with the variance request. Kelley moved, and Peterson seconded, to continue this item to 5A. • Vote: Ayes 5, Nays 0. 5. 42550 Charles Van Eeckhout, 120 Brown Road South - Subdivision for Planned Residential Development Mr. Van Eeckhout was present with representative John Bergh of Loucks and Associates. Weinberger explained the issue facing this application was that the dry buildable acreage available totaled 13.7 acres where 14 acres are required for 7 lots. As planned, the subdivision did not meet city requirements of 2 acres per lot. The Planning Commission recommended denying the application based on the total dry buildable not meeting the minimum requirement of 2 acres dry buildable per lot in the RR1B zoning district. Kellogg stated that no trail or sidewalk was planned with the recommended 50 foot road width. Sansevere asked if the applicant had considered a reduction to 6 lots. Van Eeckhout responded that he would prefer 7 lots and felt that would be attainable once soil borings were done in the spring. 40 4 0 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14, 2000 ( #2550 Charles Van Eeckhout, continued) Mayor Jabbour commented that the city would not allow sewer availability to increase lot density. All Council members agreed. The applicant must demonstrate a hardship to allow more than the permitted density on the site. Mr. McCusky, the adjoining property owner, was present with legal representation arguing that the applicant had not made arrangements for proper legal access to the subdivision. He was concerned that approving the subdivision may imply some legal rights to access. Barrett confirmed the easement to the property was for driveway purposes and may not be adequate to serve as access to the subdivision. Barrett stated the application deadline is March 2, 2000. The applicant must present a letter to the City of Orono to extend the deadline. Mayor Jabbour stated the applicant should provide a letter requesting the application be tabled, giving the applicant time to resolve the issues of dry buildable acreage and access to the property through a designated outlot. Kelley moved and Peterson seconded to table the application until the applicant requests • further review. Vote: Ayes 5, Nays 0. 5A. #2540 Bradley Hoyt, 2523 Kelly Avenue - After - the -fact Conditional Use Permit Mr. Sheridan provided a letter requesting the application be tabled until the end of March. The letter also stated that the property owner, Mr. Hoyt, has granted the city an extension of the time limits for approval. Kelley moved, and Peterson seconded, to table the application until the end of March. Vote: Ayes 5, Nays 0. *6. #2552 STEVEN AND SHEILA SIGEL,1399 PARK DRIVE - VARIANCES - RESOLUTION NO. 4421 Flint moved, Peterson seconded, to approve and adopt Resolution No. 4421, a Resolution Granting Variances to Municipal Zoning Code Section 10.22, Subdivision 1(B) and Section 10.56, Subdivisions 16 (C)(6). VOTE: Ayes 5, Nays 0. 0 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14, 2000 0 *7. #2553 GOOD SHEPHERD LUTHERAN CHURCH, 3745 SHORELINE DRIVE - VARIANCES - RESOLUTION NO. 4422 Flint moved, Peterson seconded, to approve and adopt Resolution No. 4422, a Resolution Granting Variances to Municipal Zoning Code Section 10.61, Subdivisions 2 (A)(3). VOTE: Ayes 5, Nays 0. *8. #2555 HENNEPIN COUNTY, 3880 SHORELINE DRIVE - ZONING CODE AMENDMENT, CONDITIONAL USE PERMIT AND VARIANCES Flint moved, Peterson seconded, to table zoning application #2555 for Hennepin County and continue the request to a future Council meeting. VOTE: Ayes 5, Nays 0. *9. REQUEST FOR PAYMENT #2 - STUBBS BAY ROAD CUL -DE -SAC Flint moved, Peterson seconded, to approve Request for Payment #2, Stubbs Bay Road Cul -de -Sac Project to Buffalo Bituminous Inc. in the amount of $2,643.61. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Sansevere stated a resident in the Saga Hill area wanted to poll the Council on whether they would allow snowmobiles in Saga Hill. The Council unanimously agreed that no snowmobiles will be allowed in the Saga Hill Natural Area. Sansevere also stated that a citizen has complained of unsightly yard junk along County Road 19 in the west central portion of the city, and wanted the Council to look into the matter. Mayor Jabbour stated the Council should take an official position on that; and that he sees nothing wrong with County Road 19. Kelley suggested that if people are within the city ordinances, they cannot legislate the way people live. Rick Meyers suggested the city legislate what is offensive and enact a law allowing the city to clean-up people's yards, then bill them for it. Peterson asked if something could be printed in the newsletter about the issue of unsightly yards regarding what the city ordinances allow and what the consequences are for violations. Mayor Jabbour mentioned the possibility of expanded pick -up and providing an occasional drop -off site. Meyers suggested that citizens with trucks could volunteer to help others (especially the elderly) move trash to a drop -off site. 0 E ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14, 2000 (Mayor /Council Report, continued) Peterson, Moorse, and Kelley are on the Long Lake Volunteer Fire Department Relocation and Building Committee. The committee has interviewed 3 architectural firms, T.K.D.A., S.E.H., and B.K.P.V. The committee chose B.K.P.V. by majority vote. Kelley noted that they are in a unique position because two city councils are working together on the fire station project. He also stated that the site selection is critical and they need to proceed quickly. Mayor Jabbour suggested they have only one representative present information to the Councils to avoid confusion and conflicting views. Peterson noted that they are taking into account the area worked by the fire fighters, as well as their home addresses, in selecting the site. Sansevere stated that the police officers would like to meet with the Council regarding the selection of a new chief of police. The police could provide a committee to work with the Council. Flint asked for an update on the County's plans for the Hennepin County Shoreline Drive Public Works facility. Mayor Jabbour stated that the County had asked for the application to be tabled to provide time for the County to consider moving the facility. This may be difficult because the facility serves Watertown, Minnetrista, and Shorewood. Mayor Jabbour noted that neighbors are disturbed by the truck traffic at the site. He also stated that this is a two point issue: 1) could is they abandon the site, and 2) if not, could they build something more attractive. Kelley stated he is concerned with run -off and pollution of the wetlands from the salt shed. Mayor Jabbour stated he had attended a positive meeting regarding the Dakota Rail to Trail project. ENGINEER REPORT 10. Access Options for Narrows Dock Lots Mr. Miegel, a dock lot owner, was in attendance. Dock lot owners have concerns about Shadywood Road being posted as no parking. Many neighbors attended a previous meeting on the issue. At that time, the staff recommendation was that the no parking be revised to allow 5 vehicles to park in the area. The Council decided not to change the parking restriction at this meeting. Gappa, Gaffron, and Mr. Miegel have met with Hennepin County. There is one existing curb cut that accesses one dock lot. The county would only grant one additional curb cut to access the rest of the dock lots. The county wants the dock lot owners to get together to work out cross • easements before a curb cut permit is issued. 7 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14, 2000 (Access Options for Narrows Dock Lots, continued) The Council discussed the possibility of permit parking along the street for dock lot owners only. Gappa explained about 5 cars could be parked in the 100 foot area near the docks along County Road 19. Currently there is no legal street parking near the docks. Mayor Jabbour stated the neighbors should attend a meeting to discuss the issue, and that city staff should send a letter stating the Council's intent that the property owners work out a solution to this problem prior to the Council meeting. He asked that a meeting be scheduled for the Council meeting on March 27, 2000. 11. Seasonal Weight Restrictions — Resolution No. 4423 Kelley questioned changing the seasonal weight limit from 4 -ton to 9 -ton on North Ferndale Road. Gappa stated it was recommended that the limit be changed because the road is a major collection road and was just reconstructed up to a 10 -ton load standard. Mayor Jabbour moved, and Sansevere seconded, adopting Resolution No. 4423 establishing Weight Restrictions on Orono Public City Streets, per staff recommendations. • Vote: Ayes 4, Nays 1. Kelley opposed 12. Navarre Park Improvements Andrew McDermott and Rick Meyers were in attendance. The Park Commission has had several meetings, including some neighborhood meetings. The community made a list of desired renovations. The Commission has worked to decrease the cost resulting in three plans: one at $255,000, one at $147,000, and one at $125,000. The applicants have a list of basic requirements for the park: parking, an accessible path for people with disabilities, accessible play equipment, a water source, and separate play areas for big and little kids. The applicants noted that this park serves over 800 houses. They have looked into different means of funding the renovations including: donations, grants from the Met Council and the DNR, and pull -tabs. The most likely source is the DNR grant. They have already submitted an application for the DNR grant, which will match funds with other sources. Peterson suggested they approach the Lions Club. Gappa noted that walking along County Road 19 is hazardous. He suggested they look into using State Aid money to build a sidewalk. Mayor Jabbour asked if the park could be renovated partly in 2000 and partly in 2001. • 0 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14, 2000 (Navarre Park Improvements, continued) Mayor Jabbour recommended they get the play equipment in place to generate interest among the residents, then get residents involved in the planning process for the remainder of the park. Moorse cautioned the applicants that they might lose grant money if they spend city funds before receiving the grant. The grant may only match funds that are promised, but unspent. Kelley urged the applicants to get the play equipment in place before school lets out for the summer. Mayor Jabbour moved, and Peterson seconded, to approve the $147,000 park plan, and authorize the expenditure of up to $80,000 from the Park Fund for the purchase and installation of the planned play equipment with two modules and a handicapped accessible path to the play equipment. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT • 13. Shevlin Drive Stop Sign Request C� Mr. Rakos was not in attendance so the application was continued. 14. Schedule Park Commission Interviews Flint stated that the Park Commission should remain at 7 members because the different areas of the city are not evenly represented with the current 5 members. Interviews will be held at the Council meeting on March 13, 2000. *15. WeCAN REQUEST FOR CDBG FUNDS Flint moved, Peterson seconded, to indicate the City's support of the WeCan application for CDBG funding, and to direct staff to prepare a letter of support. VOTE: Ayes 5, Nays 0. 9 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14, 2000 is *16. PLANNING COMMISSION REAPPOINTMENTS Flint moved, Peterson seconded, to authorize staff to determine the interest of Jan Berg and Dale Lindquist in serving another term on the Planning Commission. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Tom Barrett requested to meet in Executive Session with the City Council to discuss pending litigation. *17. LICENCES Flint moved, and Peterson seconded, to approve the following licenses. Vote: Ayes 5, Nays 0. RESIDENTIAL KENNEL LICENSE 1. Carol Brooks 4. Don Lindall • 980 West Ferndale Road 666 Tonkawa Road 2. Irwin Jacobs 5. Jayne Paasch 1700 Shoreline Drive 2150 Kenwood Way 3. Jane Kline and Steve Bell 6. Greg and Nancy Truchinski 4455 West Branch Road 1580 Fox Street SPECIAL EVENT PERMIT Norwest Bank Minnesota, N.A. Half Marathon May 7, 2000 8:00 a.m. - 11:00 a.m. *18. BILLS Flint moved, and Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. • 10 ORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 14, 2000 0 19. ADJOURNMENT Mayor Jabbour moved, and Peterson seconded, to adjourn at 10:20 p.m. ATTEST: Linda S. Vee, City Clerk 0 11 Gabr 1 Jabbour, Mayo