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HomeMy WebLinkAbout10-09-2000 Council Minutes0 ROLL 0 ORONO CITY COUNCIL MEETING `t- MONDAY, OCTOBER 9, 2000 The Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson, and Richard Flint. Representing staff were 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 Bob Sansevere and City Administrator Ron Moorse were absent. Mayor Jabbour called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve /Amend Items 14, 15, 16, 17, 18, 19, 20, 21, and 22 were added to the Consent Agenda. Kelley moved, and Peterson seconded, to approve the consent agenda as amended. Vote: Ayes 3, Nays 0. (Mr. Flint had not yet arrived.) 2. Public Hearing Authorizing Levy Certification Tax Rate for the 2000 Tax Levy Collectible in 2001 — Resolution No. 4528 The Public Hearing opened at 7:02 p.m. There was no public discussion. The Public Hearing closed at 7:03 p.m. Kelley moved, and Peterson seconded, to adopt Resolution No. 4528 authorizing a "Levy Certification Tax Rate" for the 2000 Tax Levy Collectible in 2001 that is greater than the "Levy Certification Tax Rate" for the 1999 Tax Levy Collectible in 2000. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *3. Regular Council Meeting of September 25, 2000 Kelley moved, and Peterson seconded, to approve the Minutes of the Regular is 1 4 i.. ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 9, 2000 *3. Regular Council Meeting of September 25, 2000— Continued 0 Council Meeting of September 25, 2000 as presented. Vote: Ayes 3, Nays 0. PARK COMMISSION COMMENTS — ANDREW MCDERMOTT, REPRESENTATIVE Mr. McDermott stated that the Park Commission is looking at playground equipment for Hackberry Park for next spring. They plan to revisit the Crystal Bay master plan. At the next meeting, they will have a slide show of various lake access points to discuss maintenance issues. Mayor Jabbour stated they are working on the Dakota Line issue. The Mayor and Council directed staff to send a letter to state legislators discussing the project and asking for their support on behalf of Orono and the other cities that support the project. PLANNING COMMISSION COMMENTS None. PUBLIC COMMENTS 0 Mr. Nygard asked when work would begin on Navarre Park. Gappa stated the equipment was supposed to arrive on October 9, 2000, and the parking lot was to be paved that same evening. ZONING ADMINISTRATOR'S REPORT 4. #2596 Brenshell Homes, 1181 Wildhurst Trail— Preliminary Plat — Resolution No. 4529 Weinberger stated that staff had been directed to draft an approval resolution for a 5 lot plat. He stated that item 10 on page 2 of 9 had been removed from the resolution, and discussion of trail construction and park dedication, items 14 and 15 on page 5 of 9, will no longer state that the trail shall be made of bituminous surfacing, also, the applicant has requested that the resolution include language that states any costs required by the developer for construction of the trail would be removed from the total of the park dedication for the 5 new lots in the area. 2 w ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 9, 2000 • 4. #2596 Brenshell Homes, 1181 Wildhurst Trail — Preliminary Plat.— Resolution No. 4529— Continued Flint questioned the status of the wetland area on the proposed lot. Weinberger stated that the Watershed District is putting together a panel that will make the final determination of the wetland area. The panel will consist of BWSR, the DNR, the Minnehaha Watershed District, and a City wetland expert. If they determine there is wetland on the proposed lot, a conservation easement will be placed over the wetland area. Mayor Jabbour stated that if the wetland exceeds the excess area on the property, the developer would have to reduce the number of lots in the subdivision to accommodate the wetland. The applicant stated he understood that condition. Mayor Jabbour stated the Council's preliminary approval is subject to the wetland survey being completed prior to Final Plat approval. Flint asked if the swale on lots 2 and 3 could be fenced to prevent people from altering it. Gaffron stated they can place signs on the property corners delineating the drainage areas, also the title would define the drainage easements. The applicant stated that an association would maintain the subdivision and each homeowner would be subject to the association, which would have access to all necessary paperwork. Gaffron stated that the swale should be delineated on the property and a covenant should be filed against both properties, requiring homeowners to maintain the swale and allowing the City to enforce • the matter in the future. Kelley moved, and Peterson seconded, to adopt Resolution No. 4529 granting preliminary approval of a Class III Subdivision for property located at 1181 Wildhurst Trail and owned by Steve Benke, with the addition that a covenant be filed against lots 2 and 3 requiring homeowners to maintain the swale. Vote: Ayes 3, Nays 1 (Flint). 5. #2604 James Anderst, 3380 Shoreline Drive — Commercial Site Plan Review and Conditional Use Permit — Resolution No. 4530 Mr. Anderst and his legal council were present. Weinberger stated that the City of Orono had issued a building permit to allow remodeling of the Narrows Saloon. The applicant was now requesting a conditional use permit for the property, which is located in the B -1 Retail Sales Business District in which a Class II Restaurant is defined as one that serves intoxicating liquor or has live entertainment— typically bands that play on Wednesday through Saturday nights. The Planning Commission recommended approval on the conditions that: live entertainment end at 12:00 a.m., the business close at 1:00 a.m., and that there be a 2 door system to reduce noise pollution outside of the building. The front entrance has single doors. Staff discussed using the front entrance as a fire exit only during hours that bands are playing. 3 dr ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 9, 2000 5. #2604 James Anderst, 3380 Shoreline Drive — Commercial Site Plan Review and Conditional Use Permit — Resolution No. 4530— Continued The Planning Commission discussed that requiring the applicant to cease live entertainment at 12:00 a.m. could put him at a disadvantage with his competition. Kelley questioned the definition of "live entertainment." Flint stated that the City has ordinances against excessive noise and adult entertainment. Mr. Anderst stated that he would like the Council to reconsider the Planning Commission's recommendation that he be required to stop live entertainment at 12:00 a.m. He stated that a large number of patrons would use the rear entrance because most of the parking is to the rear of the building. When they have live entertainment, they post staff at the entrances to collect a cover charge, and staff will be able to control the doors and keep noise pollution to a minimum. He requested 1 year to prove that noise pollution would not be excessive under the current circumstances before the City dictate restrictions. Mayor Jabbour showed Mr. Anderst a letter of support from a neighbor. Gaffron showed Council a petition that staff received in support of the Narrows Saloon expansion and live entertainment with 10 to 12 pages of signatures. Mr. Anderst stated that their liquor license require they have last call prior to 1:00 a.m. • and no alcohol can be served after 1:00 a.m., with everyone out of the building by 1:20 a.m. He would like bands to play until 1:00 a.m. Jan Berg, Planning Commission, stated she would prefer music be stopped by 12:30 a.m. Peterson, Flint, and Kelley agreed with a 12:30 a.m. stop time for bands and a 1 year trial period where the applicant controls noise pollution. Kelley stated that in future, a police report on any complaints of excessive noise should be included with such applications. Mayor Jabbour stated Council would pass the conditional use permit allowing live entertainment until 12:30 a.m. with the applicant monitoring noise levels for 1 year, at which time the Council will revisit the issue. Mr. Anderst asked what the 12:30 a.m. rule accomplishes. Kelley stated it would move people out earlier. Mayor Jabbour stated that the City's primary concern is for the residential interests. Kelley moved, and Flint seconded, to adopt Resolution No. 4530 granting a conditional use permit per Municipal Zoning Code Section 10.40, Subdivision 4(D) allowing a Class II 'Restaurant, which serves intoxicating liquor and has live entertainment in the B -1 Retail Sales Business District with the conditions that live entertainment end by 12:30 a.m., and that the front entrance may remain a single door for one year provided that the applicant adequately monitors and controls noise, at which time the City Council will review the situation and any complaints u El ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 9, 2000 S. #2604 James Anderst, 3380 Shoreline Drive — Commercial Site Plan Review and Conditional Use Permit Resolution No. 4530— Continued against the applicant. The City reserves the right to review the conditional use permit on an annual basis. Vote: Ayes 4, Nays 0. *6. #2608 Philip and Karen Skoog, 280 Tonka Avenue — Variance Resolution No. 4531 Kelley moved, and Peterson seconded, to adopt Resolution No. 4531 granting a variance to Municipal Zoning Code Section10.27, Subdivision 5(B) to allow a rear yard setback of 39 feet where 50 feet is required and to allow a front yard setback of 43 feet where 50 feet is required. Vote: Ayes 3, Nays 0. *7. #2609 Alan and Maxine Opheim, 1985 Fagerness Point Road — Variance Resolution No. 4532 Kelley moved, and Peterson seconded, to adopt Resolution No. 4532 granting a . variance to Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow construction of a porch on an existing concrete slab located 6.9 feet from the side yard lot line where 10 feet is required and Section 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16(C)(6) to allow the porch to encroach 73 feet into the average lakeshore setback. Vote: Ayes 3, Nays 0. 40 8. #2610 Jerome J. Hall, 80 Leaf Street — After - the -Fact Variances Kelley stated that the Planning Commission recommended denial of the plan they reviewed. A revised plan came to the Council without benefit of the Planning Commission reviewing it. He stated he would like to deny the application, or send it back to the Planning Commission for their review. Flint and Peterson agreed. Mayor Jabbour explained the situation to the applicant. Weinberger stated he could appear on the Planning Commission's agenda on October 16, 2000, and that he had already had a public hearing. Peterson moved, and Flint seconded, to send the application back to the Planning Commission. Vote: Ayes 4, Nays b. 5 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 9, 2000 *9. #2612 Donald MacMillan, 2550 Fox Street — Variance — Resolution No. 4533 0 Kelley moved, and Peterson seconded, to adopt Resolution No. 4533 granting a variance to Municipal Zoning Code Section 10.03, Subdivision 9(C), to permit the construction of an oversized accessory structure on the lot with a maximum foot print of 1,600 square feet and Municipal Zoning Code Section 10.03, Subdivision 9(D) to permit the construction of an oversized accessory structure closer to the street lot line than the residence. Vote: Ayes 3, Nays 0. *10. #2615 George Stickney, 879 Brown Road North —Lot Line Rearrangement— Resolution No. 4534 Kelley moved, and Peterson seconded, to adopt Resolution No. 4534 approving a subdivision of a lot line rearrangement for property located at 879 Brown Road North. Vote: Ayes 3, Nays 0. 11. #2616 Minnetonka Center for the Arts, 2240 North Shore Drive Conditional Use Permit Weinberger stated that the Minnetonka Center for the Arts has proposed to construct a new facility on their property located at 2240 North Shore Drive. They need a new • building because: their enrollment and attendance have steadily increased and they have outgrown the existing building; the existing building has structural problems with the foundation and the roof; the mechanical systems are out of date; and it contains asbestos and lead paint. The proposed building would be constructed north of the existing building, and upon completion, the old building would be removed. During construction, the existing building would remain in use until the new building is completed. The Planning Commission discussed the construction schedule and how the property would function during construction. They would want all construction traffic to use North Shore Drive and not any residential streets. The "cooling tower" requires a conditional use permit to allow it to exceed 30 feet in height. The Arts Center has proposed a crushed rock material for its parking lots, instead of a bituminous surface. A stormwater management pond would be located in the northwest corner of the property. The service entrance would be on the west side of the building, and trash receptacles would be screened. The east parking lot should be screened, and possibly fenced, to provide a buffer between it and the Hill School. Chair of the Building Committee Julie Halquist, Minnetrista, and Executive Director Roxanne Heeley, Plymouth, were present with their architect, James Dayton, and R ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 9, 2000 • 11. #2616 Minnetonka Center for the Arts, 2240 North Shore Drive — Conditional Use Permit — Continued landscape architect Tom Oslund. Mayor Jabbour asked why the Arts Center was requesting a conditional use permit for the 45 foot cooling tower. Peterson asked if the cooling/heating system could be placed elsewhere. Mr. Dayton explained the system they chose to use, and stated they designed the tower to contain and screen mechanical equipment required by the building so the elements would not just sit on the roof. Mayor Jabbour stated he felt allowing the tower would set a precedent in the City for allowing buildings to exceed the 30 foot height maximum. Mr. Dayton stated that the tower is serving a necessary function while identifying the building. Mayor Jabbour stated the tower was a design element not strictly necessary. Flint stated he agreed it was too tall. Kelley questioned the kind of hazardous materials that will be used in the Center. Mr. Dayton stated that the amounts of materials on the site won't require extensive special handling. They will follow national fire codes for the storage of oxygen, acetylene, paint, etc. They have sprinklers throughout the building and smoke sensors, as well as heat sensors. • Kelley questioned what sort of functions would occur outside the Center. Ms. Heeley stated they expect outdoor activity to increase. Eventually a sculpture garden will be on the grounds. She stated that art openings tend to be sedate functions that should not disturb the neighbors. Mr. Oslund stated that because of the grading, the backyard would not be conducive to holding functions, so most functions would occur in the front, along North Shore Drive. E Peterson questioned the vegetative screening along the east and west sides of the property. Mr. Oslund stated that the east side of the property will have the sculpture garden. The border of the garden will be planted with amur maples that grow quickly and densely. Mr. Dayton stated that the west end of the building will have the service drive. As a result, the screening will be denser at that end of the property to hide the dumpsters from the neighbors' view. Mayor Jabbour asked the neighbors to comment. Nancy Roehr of 1345 French Creek Drive stated that she supports the new Center, but was very concerned about the trees at the northwest corner of the property. She wanted heavy screening of the service drive and dumpsters. Mayor Jabbour reminded her that trees would not be planted until after construction is finished. Mr. Dayton stated that the project is supposed to take 14 months, and they plan to open the new Center in June of 2002. He also stated they have put considerable energy into designing a plan that fits 7 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 9, 2000 11. #2616 Minnetonka Center for the Arts, 2240 North Shore Drive — Conditional Use Permit — Continued within their budget. Ms. Roehr stated she prefers the gravel parking lots to bituminous ones. Steve Miller of 1360 French Creek Drive stated that he supports the new Center, but feels the tower is too tall for the neighborhood and for the City. Pam Sagan of 1300 French Creek Drive stated that she supports the new Center, but she was also concerned about screening the service drive and dumpsters. She asked for a guarantee that the Center would not run out of funding before finishing the landscaping, such as putting funds in an escrow account. She stated she felt the tower was too tall, and she was in favor of gravel parking lots. She also stated she was concerned about construction traffic near the residential roads. Mr. Dayton stated that the existing west drive will be used as the construction drive, not the proposed west drive. He stated that they did their best to camouflage the service entrance. The garage door is recessed and fully glazed. Mayor Jabbour stated that the City has a bond and they won't release the letter of credit until the project is finished. Kelley moved, and Peterson seconded, to approve the conditional use permit with the conditions outlined by staff, and with the additional conditions /exceptions that the cooling tower height extension is denied, all Arts Center functions end by 11:00 p.m., the proposed gravel parking lots are acceptable, and the letter of credit will not be released until the project is complete. Vote: Ayes 4, Nays 0. *12. #2617 Doug Olson and Barbara Bowers, 2601 West Lafayette Road- - Variance— Resolution No. 4535 Kelley moved, and Peterson seconded, to adopt Resolution No. 4535 granting a variance to Municipal Zoning Code Section 10.22 Subdivision 1(A) to allow a second story addition on the existing residence where a portion of it lies within 75 feet of the OHWL of Lake Minnetonka and Section 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16(C)(6) to allow the second story addition to encroach 70 feet into the average lakeshore setback. Vote: Ayes 3, Nays 0. 8 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 9, 2000 *13. #2619 Paul and Denise Aasen, 577 Park Lane — Variances— Resolution No. 4536 Kelley moved, and Peterson seconded, to adopt Resolution No. 4536 granting variances to Municipal Zoning Code Section 10.03, Subdivision 14(C) to permit structural coverage greater than 1,500 square feet where 1,881 square feet exists and 1,881 square feet has been requested; Section 10.24, Subdivision 5(B) to permit a structural addition 6 feet from the north property line where 10 feet is required; Section 10.22, Subdivisions 2 and 1(B) and Section 10.56, Subdivisions 16(C)(6) and 16(L)(2) to permit an encroachment into the average lakeshore setback for the family room addition. Vote: Ayes 3, Nays 0. MAYOR/COUNCIL REPORT Flint reported that if the City is going to get the support of the Watershed District for the study on Stubbs Bay, Council Members and the Mayor should appear before the Watershed District to ask for assistance. Mayor Jabbour stated they are still working on getting two new parks. They closed on the land with the school. He stated the Council should think about adopting a resolution to ask Mn/DOT to put a left turn lane in next to Washington Scientific so that the lane can be planned for and funded, even though it would not be completed until after the Highway 12 improvements. Kelley stated that at the end of Orono Orchard Road there is a stop sign before the railroad tracks, and one after the tracks. He asked if the first stop sign could be removed. Gappa stated it could. *14. Housing Week Proclamation — Resolution No. 4537 Kelley moved, and Peterson seconded, to adopt Resolution No. 4537 proclaiming November 11 -18, 2000 to be Housing Week in the City of Orono. Vote: Ayes 3, Nays 0. PUBLIC SERVICE DIRECTOR'S REPORT *15. Fox Ridge Sanitary Sewer Revised Assessment Roll— Resolution No. 4538 Kelley moved, and Peterson seconded, to adopt Resolution No. 4538 to amend the interest rate and date applied to the Fox Ridge Area Sanitary Sewer Assessment is Roll, as established by Resolution No. 4493. 9 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 9, 2000 *15. Fox Ridge Sanitary Sewer Revised Assessment Roll Resolution No. 4538— • Continued Vote: Ayes 3, Nays 0. *16. East Long Lake Sanitary Sewer Revised Assessment Roll— Resolution No. 4539 Kelley moved, and Peterson seconded, to adopt Resolution No. 4539 to amend the amount for one property, and amend the interest rate and date applied to the East Long Lake Sanitary Sewer Assessment Roll, as established by Resolution No. 4491. Vote: Ayes 3, Nays 0. *17. Webber Hills Sanitary Sewer Revised Assessment Roll— Resolution No. 4540 Kelley moved, and Peterson seconded, to adopt Resolution No. 4540 to amend the amounts for all properties, and amend the interest rate and date applied to the Webber Hills Sanitary Sewer Assessment Roll, as established by Resolution No. 4459. Vote: Ayes 3, Nays 0. *18. Head Property Sanitary Sewer Assessment Roll— Resolution No. 4541 Kelley moved, and Peterson seconded, to adopt Resolution No. 4541 adopting the 2090 Shoreline Drive (Head Property) Sanitary Sewer Improvements Assessment Roll. Vote: Ayes 3, Nays 0. *19. Hazardous Tree Removal Assessment — Resolution No. 4542 Kelley moved, and Peterson seconded, to adopt Resolution No. 4542 for the collection of 2000 Hazardous Tree Removal Charges. *20. Request for Payment #5 -2000 Lift Station Projects Kelley moved, and Peterson seconded, to approve Request for Payment #5, 2000 Lift Stations Project to Ford Construction, Inc. in the amount of $83,584.47. *21. Request for Payment #2— Webber Hills Sanitary Sewer Project Kelley moved, and Peterson seconded, to approve Request for Payment #2, Webber Hills Sanitary Sewer Project to Earth Burners, Inc. in the amount of $52,812.79. is 10 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 9, 2000 • 21a. Temple Israel Request for CUP Hearing at City Council versus Planning Commission The applicant was not present due to the Yom Kippur holiday. Mayor Jabbour moved, and Peterson seconded, to enable a conditional use permit for a new shower /toilet facility at Camp Teko to go directly to the City Council for a public hearing at the October 23, 2000 City Council meeting, bypassing the Planning Commission. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT *22. Curbside Recycling Contract Kelley moved, and Peterson seconded, to recommend extending the current contract with E -Z Recycling for one year through December 31, 2001, and sending out RFPs in July 2001 for curbside recycling in the seven cities participating in the West Hennepin Recycling Commission. Vote: Ayes 3, Nays 0. 0 CITY ATTORNEY'S REPORT None. *23. LICENSES None. *24. BILLS Kelley moved, and Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 3, Nays 0. ADJOURNMENT The meeting was adjourned at 9:45 p.m. 0 11 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 9, 2000 ATTEST: Linda S. Vee, City Clerk 12 Ga iel Jabbour, or ri U 0