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HomeMy WebLinkAbout04-10-2000 Council Minutes• ORONO CITY COUNCIL MEETING J MINUTES FOR APRIL 10, 2000 ROLL The Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson, Richard Flint, 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. PRESENTATION BY AMY KLOBUCHAR, HENNEPIN COUNTY ATTORNEY Mayor Jabbour welcomed and introduced Ms. Klobuchar. Klobuchar stated the City has been assigned a representative in the Hennepin County Attorney's Office. They have appointed a lawyer to each city in Hennepin County to help decrease the bureaucracy and make the office more accessible. The City of Orono's representative is Carrie Meyer. Meyer has been with the office for many years and has • prosecuted sex abuse, child abuse, juvenile, and gang cases. She lives in Orono. If the City's Police Chief has questions about a case, Meyer will respond to them. Klobuchar stated she also wanted to update the Council on the focus of their office and answer any questions from the Council. Klobuchar put together a set of goals when she became the Hennepin County Attorney. The first issue she focused on was gun possession. They have used a statute regarding felons in possession of guns effectively (such as in the Donald Blum case) and increased the number of cases they charge by 25% last year. The second thing they focused on was the drug and gang area. They have doubled the commitment rate for first degree drug dealers, and have had a lot of major victories in the gang area. The third area of focus, which she stated is more relevant to Orono, is the property team she has established. People in the community were concerned that, while murder cases were being handled, theft cases were falling to the wayside. The County Attorney's office handles felony burglaries. Because of the volume of property crimes, they were able to set up a team of 7 lawyers whose sole job is to prosecute property crimes. One lawyer is devoted to prosecuting chronic felonies (5 or more break -ins on record). The fourth area is the juvenile area. Of their 69 murder convictions last year (they got convictions on some murders that occurred before last year), 8 were 16 and 17- year -old juveniles. They have focused a lot on schools this year and have assigned liasons to all of the junior and senior high schools. They charge every school crime on a one day basis. They have charged over 700 school crimes across the county this year, most of them were minor offenses. By the holiday break this year they had only 26 weapons offenses, of those • only 8 involved guns, 1 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10, 2000 Presentation by Amy Klobuchar -- Continued and half of those were BB guns. They feel that the police and prosecutors are doing a good job of keeping our kids safe. They have focused on truancy as an indicator of troubled kids. The office also has a child protection division and a child support division. They have brought some of the first criminal prosecution in 30 years against non - custodial parents who owe large amounts of child support, and they increased child support collections in the county last year by 12 %. Their office is the legal council to the County. The office has recently established a web site: www.hennepinattomey.org Sansevere asked if Klobuchar is satisfied with the cooperation her office receives from the cities. She stated that she is satisfied and that they have assigned a full time prosecutor, who is a former sherrif s deputy, to act as a liason between the police departments and the County Attorney's Office. Mayor Jabbour thanked Klobuchar for performing a great public service in coming out to speak to the City, and stated that it is refreshing to see someone take the job so seriously. CONSENT AGENDA 1. Approve /Amend Items 3, 4, 5, 7, 8, 11, 12, 14, 15, and 16 were added to the Consent Agenda. Item 18 was removed from 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 Minutes of March 27, 2000 Flint moved, and Peterson seconded, to approve the Minutes of the Regular Council Meeting of March 27, 2000. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — DEBORA HALVORSON, REPRESENTATIVE 2 • L, • ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10, 2000 Park Commission Comments — Continued Halvorson stated that the Parks, Open Space and Trails Commission met on Monday, April 3, 2000. They discussed the Park Maintenance and Improvements Plan, a 10 -year maintenance and capital improvements plan. Each park is listed in the plan with proposed improvements. It has been submitted to the Council for review. The Commission will take comments and concerns from the Council and address them at their next meeting. They would like to invite the Council and City staff to the Annual June Park Tour on June 5, 2000 at 5:00 p.m. The Parks Commission is compiling a list of past Park Commissioners to go on a plaque that will identify all the people who have served the City in that manner. They have assigned the various Commission members to various active parks in the City. They will watch over the parks and serve as a contact for neighbors in the area. They also addressed the 39 lake access points in the City. They are identifying the attributes and needs of each. They also discussed the Navarre building plan. PLANNING COMMISSION REPRESENTATIVE None. PUBLIC COMMENTS None. COMMENTS —DALE LINDQUIST, ZONING ADMINISTRATOR'S REPORT *3. #2540 Bradley Hoyt, 2523 Kelly Avenue – After -the -Fact Conditional Use Permit and Variances — Resolution No. 4435 Flint moved, and Peterson seconded, to adopt Resolution No. 4435 approving an after - the -fact conditional use permit per municipal code section 10.03, subdivision 21 and approving after - the -fact variances to municipal code section 10.22, subdivision 2, section 10.55, subdivision 8 and, section 10.56, subdivision 16 (L) for property located at 2523 Kelly Avenue. Vote: Ayes 5, Nays 0. *4. #2543 Ted Edin, 3025 Casco Point Road — Variance — Resolution No. 4436 k] ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10, 2000 0 *4. #2543 Ted Edin, 3025 Casco Point Road—Variance—Resolution No. 4436 — Continued Flint moved, and Peterson seconded, to adopt Resolution No. 4436 granting variances to municipal zoning code section 10.03, subdivision 14 (C); section 10.22, subdivisions 1 (B) and 2; and section 10.56, subdivisions 16 (C) (6) and 16 (L) (2). Vote: Ayes 5, Nays 0. *5. #2551 Thomas Randgaard, 2765 Shadywood Road — Conditional Use Permit — Resolution No. 4437 Flint moved, and Peterson seconded, to adopt Resolution No. 4437 granting a conditional use permit per municipal zoning code section 10.55, subdivision 9 (B). Vote: Ayes 5, Nays 0. 6. #2564 William Dampier, 3550 Ivy Place— Variance The applicant was present. Gaffron stated that the applicant wanted to add a two -story entryway addition and a • second floor expansion to the existing residence. The first -story walls and foundation would remain. The issues facing the application include the side setback. The minimum requirement for side yard setback is 10 feet. There is currently a 2.9 -3.4 foot setback on the west side of the house. The addition would continue the existing substandard side setback. Lakeshore hardcover within 75 -250 feet of the shoreline should be no greater than 25 %. Currently the hardcover is at 55.4 %. The proposed changes to the house would reduce hardcover in that zone to 48.9 %. Also, the lot coverage allowed is 15 %. The current house is at 16.8 %, and the proposed changes would increase lot coverage to 18.7 %. The deck on the lake side of the house has a railing that extends over 6 feet above the grade, hence the entire deck is counted as lot coverage. The Planning Commission reviewed the application and recommends denial of the application primarily because of the lot coverage issue. Since the Planning Commission meeting, the applicant has presented several options for changing the deck so that it would not be considered structural coverage. One potential solution requires a conditional use permit to build a retaining wall within a foot or so of the side lot line to create a terrace that would reduce the drop from the deck to 30 inches or less. Kelley stated he would prefer to table the application so it can go back to the Planning Commission or move on it as it stands. Dampier stated he was willing to return to the Planning Commission. 0 4 n U ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10, 2000 6. #2564 William Dampier, 3550 Ivy Place — Variance — Continued Mayor Jabbour asked if they would have to change the code in order to ignore the deck. Gaffron stated that they should not change the code for one application. They may find a hardship to grant a variance for the deck, but he knows the Council is loathe to grant a variance on hardcover issues. There was some discussion of whether or not a deck is massing. Gaffron explained that by code, if any part of the railing is 6 feet or more above grade, then the entire deck is considered massing. Kelley stated that he agrees with that definition of massing. Sansevere asked if it would be considered differently if the railing were removed. Kelley responded that the application really should go back to the Planning Commission. Sansevere stated he agreed. Dampier stated that moving the deck would change the mass of the house. He added that he has a mature tree in the area where the deck would be relocated if it were to be moved, that would be lost to accommodate the deck. He also stated that he has a wheelchair bound member of his family. If he lowered the deck it would raise issues of ADA compliance. The addition was carefully designed to put everything to the back of the house so it would not be visible from the lake. Dampier stated he has a planter, or terrace, already along the deck that consists of a brick face retaining wall. If the wall were moved out 6 inches, it would create a safe fall zone and allow for the removal of the • handrail. Flint asked how the terrace would work. Gaffron explained it must be at least 36 inches wide and 30 inches or less below the deck. Mayor Jabbour stated they need a recommendation from the Planning Commission. Dampier stated he is willing to waive the 60 day deadline. Kelley moved, and Peterson seconded, to require a 60 day extension and for the application to return to the Planning Commission. Vote: Ayes 5, Nays 0. *7. #2565 Peter Scherer, 15 Orono Orchard Road South — Variance — Resolution No. 4438 Flint moved, and Peterson seconded, to adopt Resolution No. 4438 granting a variance to municipal zoning code section 10.28, subdivision 5 (B). Vote: Ayes 5, Nays 0. *8. #2566 James Langhans,1366 Rest Point Road — Variance — Resolution No. 4439 Flint moved, and Peterson seconded, to adopt Resolution No. 4439 granting variances to municipal zoning code section 10.22, subdivision 2 and section 10.56, subdivision 16 (L) (2). ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10, 2000 E *8. #2566 James Langhans, 1366 Rest Point Road — Variance Resolution No. 4439 — Continued Vote: Ayes 5, Nays 0. 9. #2567 Walfred Properties, 2380 Shadywood Road — Commercial Site Plan Review Mr. Wally Klus and Mr. Al Stefanie were in attendance as the applicants and were represented by their project engineer Bob Weiget and project architect Tom Reinen. Walfred Properties proposed to develop the church property located north of the County Road 15 /County Road 19 intersection. They are proposing to remove the church building and construct a 2 -story retail /office mixed building. The first floor would house a Snyder Drug store and the second story would be for medical office use. The application requires a Zoning Code Amendment to add "drug store" as a permitted or conditional use in the B -5 zoning district. The proposed site would include an expansion of the ponding area. The approximate size of the foundation would be 12,000 s.f. The 2 -story building requires 105 parking spaces • with 28 located underground beneath the building. The project is within the shoreland area of Lake Minnetonka. The north 1/3 and south 1/3 of the property are both within 1000 feet of the shoreline of the lake. The application requires variances to permit hardcover to exceed 35% within these zones. The north 1/3 of the property would have 73.7% hardcover and the south 1/3 would have 62.8% hardcover. A second variance would be required for the front yard setback for the parking area. The parking area is proposed to be 15 feet from the property line where 25 feet is required. Also requested is a conditional use permit that would allow grading within 5 feet of the property lines. The pond extends off the property into the undeveloped Navarre Lane, which is being requested to be vacated at this time. The Lafayette Ridge Homeowners Association owns the east 33 feet of Navarre Lane. The applicants have requested to obtain easements for use of the property. There is a large wetland and pond in the outlot owned by the Lafayette Ridge Homeowners Association. Easements would have to be obtained or the outlot would have to be obtained from the Lafayette Ridge Homeowners Association. Also a utility easement would have to be taken over that area. The City Engineer has stated concerns regarding the grading of the property and the retaining walls. One would form the edge of the pond and would exceed 15 feet in • • 0 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10, 2000 9. #2567 Walfred Properties, 2380 Shadywood Road — Commercial Site Plan Review— Continued height with a portion of it under water. The exposed portion of the wall would be 10 feet. The other would be located along the north edge of the property, and would permit pedestrian traffic from Olive Lane to County Road 19. Finally, four underlying lots would have to be combined into 1 tax parcel. There are no standards in the B -5 code as to amount of permitted signage. Staff has determined that B- 1 and B -3 district standards are suitable for the B -5 zone. This allows 1 s.f. of signage for every foot of frontage along the property line, so this property is allowed 380 s.f of signage. The proposed signage is 350 s.f. at this time. The landscaping plan has been submitted. Green space areas would be vegetated with 20 -25 trees, a row of arborvitae along the retaining wall and sidewalk, and some screening between the residential and commercial sites. The Planning Commission had an issue with the proposed pedestrian walkway. They would like to have access to the east of the building or one that is between the two properties. However, staff supported the proposed plan because it does make the connectio, eliminates the need for additional removal of green space, and least impacts the pond. Existing utilities in the proposed vacated area of Navarre Lane would have to be rerouted to allow for dredging of the expanded pond area. The relocation of utilities would be the responsibility of the applicants. Staff identified 8 issues for the Council to address: 1. Confirm acceptance of zoning amendment to allow "drug store" use in the B -5 zone as a permitted use? As a conditional use? Any specified conditions if it's a conditional use? 2. Confirmation that Council will vacate all noted portions of Navarre Lane, and rezone the appropriate portions to B -5. 3. Confirm acceptance or non - acceptance of hardcover variances. 4. Confirm acceptance or non - acceptance of 5 foot variance to allow 15 foot front setback for parking. 5. Confirm acceptance or non - acceptance of CUP for grading within 5 feet of lot lines. 6. Discuss landscape plan and define any areas where additional plantings or screening of retaining walls may be necessary. 7. Confirm acceptance or non - acceptance of trail connection proposal in light of Park Commission suggestions. 8. Other topics Council wishes to discuss. 7 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10, 2000 9. #2567 Walfred Properties, 2380 Shadywood Road — Commercial Site Plan Review — Continued Tom Reinen of 4405 Cumberlain Court, Shoreview stated that a single wall system retaining wall is best suited to the pond, and that a tiered system would introduce a weak point. They would use engineered fill in the wall. Flint asked how much the parking would be reduced if they made the building 1 -story only. Weinberger stated a 1 -story building would require 60 parking spaces. Mayor Jabbour stated that the heavy traffic on County Roads 15 and 19 places a burden on the City and the property owners to create a pedestrian friendly environment in that area. He also stated he is concerned that the applicant may not be able to proceed with their plans if the Lafayette Ridge Homeowners Association won't turn over their portion of Navarre Lane. Wally Klus stated that he has tried to contact the Homeowners Association and his letters and calls have not been returned. He does not know who exactly to contact concerning the matter. Mayor Jabbour recommended calling Bruce Palmer, former president of the Homeowners' Association. Kelley stated the building is too large for the lot. Peterson stated she agrees and has a problem with the 5 foot variance. Sansevere stated it's double the allowed hardcover in that zone. Mayor Jabbour stated that the plan is over - ambitious for the site. Stefanie stated they could reduce the building to 1 -story for Snyder Drug only. They had proposed the medical offices because they surveyed the neighborhood and found people were concerned that there are not medical facilities nearby. They have signed a lease with Snyder Drug, have obtained all the funding needed, and purchased the property. They are very anxious to proceed with the building plans. Mayor Jabbour asked if he wanted the Council to send them back to the Planning Commission so they could return with a 1 -story building. Stefanie stated that due to time constraints they would prefer to bring a new plan directly to the Council. Flint stated that he would have to see the plans for the new building, and that he would like to see a more pedestrian friendly layout. Mayor Jabbour asked if the Council wanted to send them back to the Planning Commission. Peterson and Flint agreed it should go back. Reinen asked for clarification of "pedestrian friendly." Kelley stated he is concerned with the types of building materials and landscaping used, and how the building will blend in with the surrounding neighborhood. Reinen stated the bricks would be the same as in the Council chambers, and the parking lot lighting would be the same as in the parking lot. • 0 C� ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10, 2000 9. #2567 Waljred Properties, 2380 Shadywood Road — Commercial Site Plan Review — Continued Drew McDermott explained that the pedestrian area along the parking lot would consist of an 8 foot sidewalk with a retaining wall on one side and parked cars on the other. They would prefer the parking curb to be moved further from the sidewalk and a railing placed along the sidewalk so cars cannot overhang it. He proposed a walkway along the pond that would not require stairs. It would result in the loss of 2 parking spaces, but would save some large oak trees. The proposed path would reach the street at the ir.t;:rsection where stop lights are located. Kelley asked if they didn't change the footprint of the building, could they push it to the north, leaving more green space between them and Culver's. Reinen stated they could. Mayor Jabbour stated that he liked the new trail idea and wondered if the pond could be reduced to accommodate it. Moorse stated that the N.U.R.P. pond was built to protect nearby wetland from runoff. Kelley stated he would look more favorably on the application if the building is reduced in size and would like to see them do something about the front yard setback. Mayor Jabbour stated the Council was sending the applicant back to the Planning • Commission. They should return with a 1 -story building, parking reduced to 60 spaces, the pedestrian trail proposed by the Park Board, and remove some of the parking from the northwest corner. It was agreed that the applicant be allowed to submit the new plans on Friday, April 14, 2000, and that it would appear on the next Planning Commission meeting in one week so that the applicant can avoid losing Snyder Drug. • The applicant agreed to contact the Homeowners Association. Staff will send a letter extending the application review period an additional 60 days. Mayor Jabbour moved, and Flint seconded, to send the application back to the Planning Commission so that the applicant could revise the proposed building to 1- story, reduce the number of parking spaces, and increase the amount of green space. Vote: Ayes 5, Nays 0. 10. 2000 Joint Use Dock Licenses Gaffron stated they have received applications from 12 joint dock users. The docks are inspected annually. They recommend approval for all of the licenses. Kelley moved, and Sansevere seconded, to adopt Resolutions 4440 through 4451, directing staff to issue joint use dock licenses to Big Island Inc, Forest Arms HA, Bohns Point/North Shore Homeowners, Fox Hill HA, Minnetonka Power Squadron, 9 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10, 2000 n LJ 10. 2000 Joint Use Dock Licenses — Continued Pheasant Lawn HA, Walters Port Maintenance and Improvement Association, Victoria Estates and Kelly Cove HA (subject to completion of covenants) for the period of January 1, 2000 to December 31, 2000; and to Sandy Beach, Carlson/Nelson /Gage and Big Island Vets Camp for the period January 1, 1999 to December 31, 2000. Mayor /Council Report, Items 11, and 12 appear after Item 13. ENGINEER REPORT 13. Concept Plan for an Access Road East of Townline Road Gappa stated that the neighbors have been working with Orono, Medina, and the railroad company to find a solution to the Townline Road access issue. There are 4 properties in Orono and 1 in Medina that currently have access to Highway 12 via a shared driveway across the Burlington Northern Railroad tracks. The Railroad would like to remove the crossing and Mn/DOT wants to eliminate the driveway access to Highway 12. 0 An access road from Townline Road to the properties is the best solution. Mn/DOT has offered to pay for the road construction provided the Cities and property owners provide the necessary Right -of -Way and easements. Townline Road crosses city lines between Medina and Orono. The goal is to get this to the Planning Commission next month and have the preliminary and final plat approval by July 1, 2000. Gappa stated that the zoning code states 3 houses require a road, but he questioned if that was necessary since the homes have shared a driveway for years and no more houses will be built off that road. Staff recommendation is to allow a private driveway to serve these houses. Medina has stated that Townline Road will be a public road, and he recommended that the cul -de -sac in Orono also be a public road and that it has the same width as the Medina section. He also stated that Orono and Medina have agreements for the switching of road plowing and the best solution would be for Orono to plow the road in exchange for plowing of another road. Medina would take care of other maintenance, such as sweeping and patching. Kris Rudd of 601 Park Lane, Long Lake stated that she and her neighbors planned the road and feel it is a good idea. Jane Slaughter of 4545 Wayzata Boulevard, Orono mentioned that the Railroad had • ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10, 2000 0 13. Concept Plan for an Access Road East of Townline Road — Continued agreed to pay for one of her neighbor's driveway extensions. Mayor Jabbour stated that the neighbors, Medina, Mn/DOT, and the Railroad came up with the proposal. The neighbors want to know if Orono will cooperate through platting and subdividing, and would they make the new access road in Orono a public road. This is an area of the City where new roads are supposed to be private. He stated that if it does not cost the City anything, they are happy to make this a public road. Ed Otto, a land surveyor working for Kris Rudd, stated that they anticipate the Kearns property and the Rudd property that's in Medina will be a regular 505 subdivision plat. He doesn't see that working quite as well in Orono and would like to see them use a State Statute 164 right -of -way plat. Mayor Jabbour asked who will build the road. Gappa stated it would be built by the property owners through a development agreement. Otto stated he would draw the plans. MAYOR/COUNCIL REPORT Mayor Jabbour asked the Council to pass a resolution recognizing Dave Childs' contribution to the City of Orono. Sansevere moved, and Peterson seconded, to pass Resolution No. 4455 commending Dave Childs for his outstanding service to the City of Orono. Vote: Ayes 5, Nays 0. ENGINEER REPORT, CONT. *11. Webber Hills Sanitary Sewer Project A. Declare Cost to be Assessed and Order Preparation of Proposed Assessment — Resolution No. 4452 B. Schedule Assessment Hearing — Resolution No. 4453 Flint moved, and Peterson seconded, to approve Resolution No. 4452 declaring cost to be assessed and ordering preparation of proposed assessment for the Webber Hills Saniatary Sewer Project. Vote: Ayes 5, Nays 0. Flint moved, and Peterson seconded, to approve Resolution No. 4453 scheduling a ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10, 2000 0 *11. Webber Hills Sanitary Sewer Project — Continued hearing on the proposed assessment for the Webber Hills Sanitary Sewer Project. Vote: Ayes 5, Nays 0. *12. Award Contract for Highway 12 and West Ferndale Lift Stations Flint moved, and Peterson seconded, to award the contract for the West Ferndale/TH12 Lift Station Project to Ford Construction Inc., Excelsior Minnesota in the amount of $305,886.00. Vote: Ayes 5, Nays 0. *14. Authorization to Submit an Application for MCES I & I Grant/Loan Program — Resolution No. 4454 Flint moved, and Peterson seconded, to approve Resolution No. 4454 authorizing the submittal of an I/I reduction grant from the Metropolitan Council environmental Services. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT 0 *15. Disposal of Property Flint moved, and Peterson seconded, to approve selling out -of- service squad cars to the highest bidder. Vote: Ayes 5, Nays 0. *16. Investment Report The investment report for the year ended December 31, 1999— information item. No action required 17. Scheduling of Council Work Session The City Council scheduled a Work Session at 7:30 a.m. on Thursday, April 20, 2000. CITY ATTORNEY'S REPORT There was no City Attorney's Report. 2 n U • n U ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 10, 2000 18. LICENSES Kelley moved, and Peterson seconded, to approve the following licenses. Sansevere abstained from voting. Vote: Ayes 4, Nays 0. RESIDENTIAL KENNEL LICENSES 1. Robert K. Sansevere 745 Orchard Park Road 2. John Redmond 2695 Casco Point Road *19. BILLS Flint moved, and Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT Mayor Jabbour moved, and Peterson seconded, to adjourn at 9:25 p.m. ATTEST: Linda S. Vee, City Clerk Gabri 1 Jabbour, Mayor 13