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HomeMy WebLinkAbout06-12-2000 Council Minutesi• e 3 • ORONO CITY COUNCIL MEETING MONDAY, JUNE 12, 2000 . ROLL The Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Barbara Peterson, Richard Flint, and Bob Sansevere. Representing staffwere City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Council Member Charles Kelley was absent. Mayor Jabbour called the meeting to order at 7:05 p.m. CONSENT AGENDA 1. Approve /Amend Items 3, 6, 10, 11, 12, 13, 14, and 16 were added to the Consent Agenda. • Peterson moved, and Sansevere seconded, to approve the consent agenda as amended. • Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — PAULINE BOUCHARD, REPRESENTATIVE Bouchard stated that the June meeting had been canceled, so there was no new business to discuss. She mentioned that there would be a proposal regarding development near Saga Hill coming to the Commission next week that they will be carefully considering. PLANNING COMMISSION COMMENTS —SANDY SMITH, REPRESENTATIVE None. PUBLIC COMMENTS None. 0 0 ORONO CITY COUNCIL MEETING MONDAY, JUNE 12, 2000 ZONING ADMINISTRATOR'S REPORT *3. #2486 Elaine Erickson, 1270 Spruce Place— Conditional Use Permit and Variances — Resolution No. 4473 Peterson moved, and Sansevere seconded, to approve Resolution No. 4473 granting a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 21 to allow grading within 5 feet of a lot line, and a Variance to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to permit construction of a new residence. Vote: Ayes 4, Nays 0. 4. #2557 Daniel and Judith McAthie, 1449 Bay Ridge Road — Variance Review Weinberger reported that the applicants were granted variances in January for the addition of a second story to their existing house. The approval was for an addition to the existing house. Staff found on a recent visit that the house had been removed from its foundation and placed the Building Permit on hold. The building contractor found that part of the foundation would have to be replaced and that many of the joists were rotted and should be replaced to ensure compliance with the State Building Code. The applicants intend to use most of the existing • foundation and would construct the new house based on the plans approved by the Council per • Resolution No. 4416. Weinberger requested direction from the Council to either: 1) permit construction to continue based on the intent of the variance approvals understanding that no exterior alterations are proposed for this plan, which would limit the size of the house and staff were comfortable with the plan; 2) advise the applicant to submit a new Land Use Application which would require variances to be granted for new construction, and either granting a variance for lakeshore setback again, or requiring the building be moved to meet the average lakeshore setback, which could change the exterior of the house. Mr. McAthie stated his intent is to only do what they originally proposed. His contractor stated that they did not expect to have to remove the house, but as they worked they discovered more and more rotted floor joists. He stated that he has to warranty his products for ten years and can't build on a bad foundation. Mayor Jabbour stated that there are large differences between this application and the house on County Road 15, which had a similar sequence of events, but also included structure within the 0 -75 foot zone. Barrett asked that staff draft a resolution listing the reasons why it is appropriate to allow the applicant to proceed with plan 1. Flint moved, and Sansevere seconded, to allow the applicant to continue based on plans • approved by the Council per Resolution 4416 and direct staff to prepare a • resolution to present to the Council at their next meeting for adoption listing the 2 'V , 0 ORONO CITY COUNCIL MEETING MONDAY, JUNE 12, 2000 4. #2557 Daniel and Judith McAthie,1449 Bay Ridge Road — Variance Review—Continued appropriate reasons for said action. Vote: Ayes 4, Nays 0. 5. #2567 Walfred Properties, 2380 Shadywood Road — Commercial Site Plan Review — Resolutions No. 4474 and 4475 Mayor Jabbour requested to dispense with the formal presentation, as the Council was familiar with the application. Flint stated that he did not want this item added to the Consent Agenda because he was concerned with the packet referring to plans that have not yet been received, the trash being located next to the sidewalk, and he wondered if the 9 parking spaces near the pond could be left out. Weinberger stated that staff had concerns with the trash receptacle location. Also, they received grading plans for the property, which indicated grading right up to 3 mature trees. Staff suggested they use a retaining wall instead of grading in order to avoid disturbing the root systems of the trees. He also stated they do not have the legal descriptions required to adopt a • rezoning ordinance at the meeting, which would require the property owners to grant an extension. Mr. Wally Klus stated they have done the legal descriptions and could get them in to staff right away. He stated he is eager to correct any issues and start work. Weinberger stated the property now known as Navarre Lane should be rezoned to B -5 to be consistent with the zoning of the remainder of the property. Mayor Jabbour asked if it could stay a residential zone since it is only being used for the retention pond. Barrett stated that would be acceptable, and the Council could take action on the resolutions regarding the application. Mr. Klus's architect stated they could move the trash receptacle and hide it in a nook in the retaining wall. Mr. Klus stated they intend to put in the 9 parking spaces that Flint had questioned as necessary. Flint moved, and Peterson seconded, to approve Resolution No. 4474 granting variances to Orono Municipal Zoning Code Sections 10.56 Subdivision 16(L), Conditional Use Permits per Section 10.03, Subdivisions 19 -21, and approving the issuance of a Building Permit to Walfred Properties for the property located at 2380 Shadywood Road per Municipal Zoning Code Section 10.44, Subdivision 2 to permit commercial development of the property with the condition that the applicant work with Staff to relocate the trash • receptacle away from the pedestrian access trail and save the mature trees identified in the northeast corner of the property. Vote: Ayes 4, Nays 0. ORONO CITY COUNCIL MEETING MONDAY, JUNE 12, 2000 5. #2567 Walfred Properties, 2380 Shadywood Road — Commercial Site Plan Review Resolutions No. 4474 and 4475 -- Continued Flint moved, and Peterson seconded, to approve Resolution No. 4475 vacating an unimproved lane within the plats of "Wiley's Navarre Addition" and "Lafayette Ridge." Vote: Ayes 4, Nays 0. *6. #2569 W. Duncan MacMillan and William Waldron, 1880 and 1700 Fox Street — After - the -Fact Conditional Use Permit — Resolution No. 4476 Peterson moved, and Sansevere seconded, to approve Resolution No. 4476 granting an After - the -Fact Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 19 -21 to permit excavation of greater than 500 cubic yards for construction of a pond. Vote: Ayes 4, Nays 0. 7. #2581 John and Kristin Gehring, 1687 Concordia Street — Variances — Resolution No. 4477 • Wendy Bottenberg stated that the Planning Commission passed the plan unanimously, but staff • asked the item not be placed on the Consent Agenda so that the Council could review the memo from Mike Gaffron, which points out the staff s concerns. Mr. Gehring stated that he has worked hard to minimize and reduce hardcover on the property. The new application meets side yard setbacks and they are within the 15% structural hardcover, and have brought the hardcover in the 75 -200 foot zone to 26.7 %. He wants to build his new house 42 feet from the lakeshore because that is the average lakeshore setback. It would keep him in alignment with the other 5 neighboring properties. He also stated that they sit at the bottom of a hill and have drainage issues. His neighbors have supported his application. If he moves his house back, he will have sight line issues because of his neighbors' houses and it would also create privacy issues with the neighbors. Gaffron stated that when the Palms rebuilt, they were originally given a variance for an addition at the 39 foot line, but when they found their foundation was unstable, they were forced to move back to the 50 foot line. Staff is proposing that the Gehring house be set back at the 50 foot line. They agree that the 75 foot line creates drainage issues for the applicant. But if the house were to be located closer to the shore than 50 feet, it would result in large houses sitting too close to the lakeshore, which would be inconsistent with the City's goals. Sansevere asked Mr. Gehring what his issue was with moving the house from the 42 foot line to the 50 foot line. He responded that moving the house back creates lake view 4 ORONO CITY COUNCIL MEETING • MONDAY, JUNE 12, 2000 7. #2581 John and Kristin Gehring, 1687 Concordia Street — Variances —Resolution No. 4477 —Continued impairments by more than 8 feet because the neighbors have a deck and stairs off their house. Peterson stated that the Planning Commission was more concerned with hardcover and lot coverage issues than with the setback. Gaffron stated that the Planning Commission discussed setback at the May 15" meeting and that Bottenberg recommended a 50 foot setback at that time. He pointed out it was discussed in Bottenberg's staff memo at that time. Mayor Jabbour questioned whether the Council should table the application to the next meeting to enable a revised resolution reflecting the 50 foot setback to be prepared. Gaffron suggested they issue building permits with the resolution brought back to Council in two weeks. Barrett recommended making an oral amendment to the resolution at the meeting. Gaffron offered to prepare a revised resolution for Council action that evening. Mayor Jabbour moved, and Peterson seconded, to table Item 7 to a later point in the meeting to enable a revised resolution to be prepared. • Vote: Ayes 4, Nays 0. • Item 7 is continued after the City Administrator's Report. 8. 92585 Thomas and Kathleen McCaffrey, 4265/4355 Chippewa Lane — Subdivision of a Lot Line Rearrangement — Resolution No. 4478 Barrett stated that his issue with the application was resolved and he was satisfied with it as presented by staff. Mayor Jabbour moved, and Peterson seconded, to approve Resolution No. 4478 approving a subdivision of a lot line rearrangement for properties located at 4265 and 4355 Chippewa Lane; and granting of a variance to Municipal Code Section 10.27, Subdivision 5(B) permitting Parcel A to be 245 feet in width where a 370 foot width exists and 300 feet is required in the RR &A zoning district. Vote: Ayes 4, Nays 0. 9. #2587 Richard R. Rudd, 4575 Wayzata Boulevard — Preliminary Road Plat— Resolution No. 4479 Weinberger stated that staff had a minor revision to the resolution presented in the packet. • Because it is being completed as a road plat only, platting only the 4575 lot, they ORONO CITY COUNCIL MEETING MONDAY, JUNE 12, 2000 9. #2587 Richard R. Rudd, 4575 Wayzata Boulevard Preliminary Road Plat Resolution No. 4479—Continued would not take on a mylar copy of actual easements across the property as they normally would, so staff is recommending adding the condition that a separate drainage easement be drafted to permit all the flow from a NURP pond to other wetland areas. Barrett stated he was concerned that in #11 of the resolution, it appeared the City was making conclusions about the easements being private. He stated the resolution should read that the homeowners have asserted the easements are private. Peterson moved, and Flint seconded, to adopt Resolution No. 4479 with the corrections and additions suggested, approving preliminary road plat for property located at 4575 Wayzata Boulevard PID 30- 118 -23 310004. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Mayor Jabbour stated that he had read an article about MN/DOT that stated they were planning • to start the Highway 12 project in 2005, but had bumped it up to 2003. The Council had the impression work would begin in 2002. He stated that officially the start date is still 2002, but they can't realistically expect the start until 2003. Mayor Jabbour stated he has received phone calls about the Art Center tear down and construction. He stated it is a $7 million project. He met with people at the Art Center and suggested they hold a meeting with their neighbors about the project. Sansevere commended the Mayor and Ms. McMillan on getting safety lanes in Lake Minnetonka north of Big Island. ENGINEER REPORT *10. Fox Ridge Sanitary Sewer Project A. Declare Cost to be Assessed and Order Preparation of Proposed Assessment — Resolution No. 4480 B. Schedule Assessment Hearing — Resolution No. 4481 Peterson moved, and Sansevere seconded, to adopt Resolution No. 4480 declaring cost to be assessed and ordering preparation of proposed assessment for Fox Ridge Area Sanitary • Sewer. • Vote: Ayes 4, Nays 0. 2 0 ORONO CITY COUNCIL MEETING MONDAY, JUNE 12, 2000 *10. Fox Ridge Sanitary Sewer Project—Continued Peterson moved, and Sansevere seconded, to adopt Resolution No. 4481 for hearing on proposed assessment Fox Ridge Area Sanitary Sewer. Vote: Ayes 4, Nays 0. *11. East Long Lake Sanitary Sewer Project A. Declare Cost to be Assessed and Order Preparation of Proposed Assessment — Resolution No. 4482 B. Schedule Assessment Hearing — Resolution No. 4483 Peterson moved, and Sansevere seconded, to adopt Resolution No. 4482 declaring cost to be assessed and ordering preparation of proposed assessment for East Long Lake Area Sanitary Sewer. Vote: Ayes 4, Nays 0. Peterson moved, and Sansevere seconded, to adopt Resolution No. 4483 for hearing on proposed assessment East Long Lake Area Sanitary Sewer. Vote: Ayes 4, Nays 0. 0 • *12. Approve Purchase of Compactor for Public Works • Peterson moved, and Sansevere seconded, to approve purchase of Public Works Vibratory Compactor for $1,888 from United Sales and Rental Company, New Hope. Purchase to be funded from the Improvement and Equipment Outlay Fund budget with approval of a budget adjustment for this purchase. *13. Approve Purchase of Trucks for Public Works Peterson moved, and Sansevere seconded, to approve purchase of Public Works replacement 1 Ton Plow Truck from Grossman Chevrolet with accessories at a total cost of $42,674 to be funded from the Improvement and Equipment Outlay Fund budget. Peterson moved, and Sansevere seconded, to approve purchase of Public Works replacement' /4 Ton Plow Truck from Grossman Chevrolet with accessories at a total cost of $28,463 to be funded from the Improvement and Equipment Outlay Fund budget. *14. Approve Renewal of Safe Assure Safety Training Program Peterson moved, and Sansevere seconded, to approve the proposal from Safe Assure • Consultants for conducting safety training and preparation of the related written programs and documentation at an annual cost of $3,110. . 7 ORONO CITY COUNCIL MEETING MONDAY, JUNE 12, 2000 15. Discuss /Approve Navarre Municipal Parking Lot Lights Gappa stated that he has reviewed the parking and lighting situation in the lot and he is proposing new fixtures that will improve lighting of the lot. The City zoning code requires 150 parking spaces based on the adjacent business uses. The lot contains 90 parking spaces. The lot is being used by a large number of park and ride commuters —about 30, where 37 spaces have been designated for park and ride. There have not been complaints about the available space, however, that could change in the future so Gappa stated he does not recommend losing parking space to add islands in the lot. There are some bad areas in the parking lot that need to be repaved. Lights need to be installed before the paving can begin. The building owners and leasers have been contacted and are generally supportive of the project. Mayor Jabbour moved, and Peterson seconded, to have staff accept the quotation for Navarre Municipal Parking Lot Lighting Improvements from NSP Outdoor Lighting in the amount of $32,460, and to complete the appropriate budget adjustments to fund the Navarre Parking Lot Lighting Improvements from the Undesignated Component of the PIR Fund. Vote: Ayes 4, Nays 0. • *16. Request for Final Payment — Edgewood Hills Sanitary Sewer Project • Peterson moved, and Sansevere seconded, to approve Request for Final Payment, Edgewood Hills Sanitary Sewer Project to GL Contracting, Inc. in the amount of $9,407.72. E CITY ADMINISTRATOR'S REPORT 17. Selection of Police Chief Search Consultant The Council agreed they were comfortable with PDI after the presentation they received at the Work Session. Sansevere moved, and Peterson seconded, to authorize the Mayor and City Administrator to sign an agreement with PDI regarding the Police Chief search process. Vote: Ayes 4, Nays 0. Item 18 was removed from by the agenda by Ron Moorse. Moorse requested the June 15`h Work Session be rescheduled for June 29`h. ORONO CITY COUNCIL MEETING MONDAY, JUNE 12, 2000 7. 42581 John and Kristin Gehring, 1687 Concordia Street — Variances — Resolution No. 4477 — Continued Mayor Jabbour moved to reopen Item 7. Gaffron explained the changes made to the Resolution regarding hardcover and setback issues. Flint moved, and Sansevere seconded, to approve Resolution No. 4477 granting a variance to Municipal Zoning Code Section 10.22, Subdivision 1 Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(1) with a 50 foot setback from the lakeshore to permit construction of a new residence. Vote: Ayes 3, Nays 1 (Peterson). CITY ATTORNEY'S REPORT None. • *19. LICENSES • Peterson moved, and Sansevere seconded, to approve the following licenses. Vote: Ayes 4, Nays 0. Residential Kennel License 1. Melissa Wendell 1151 North Arm Drive *20. BILLS Peterson moved, and Sansevere seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned at 8:55 p.m. • • 9 ATTEST: Lincfa S. Vee, City Clerk • 0 ORONO CITY COUNCIL MEETING MONDAY, JUNE 12, 2000 10 Gab ri Jabbour, May C� • is