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HomeMy WebLinkAbout12-11-2000 Council MinutesL City Council Meeting December 11, 2000 • ORONO CITY COUNCIL MEETING DECEMBER 11, 2000 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 Attorney Tom Barrett, City Administrator Ron Moorse, 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. Mayor Jabbour called the meeting to order at 7:02 p.m. CONSENT AGENDA 1. Approve /Amend Items 5, 9, 10, 16, 17, 20, 23, 24, 25, 26, 27, and 28 were added to the Consent Agenda. Item 29, the Kennel Licenses only, was removed from the Consent Agenda. Sansevere moved, and Peterson seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. 2. 2001 Levy Adoption Hearing— Adoption of 2001 Budget and Tax Levy A. Adopt Final 2000 Levy Collectible in 2001 — Resolution No. 4573 B. Adopt 2001 General Fund Budget — Resolution No. 4574 C. Adopt 2001 Special Revenue Funds Budgets — Resolution No. 4575 Moorse explained that they were holding the final hearing where Council was to adopt the 2001 Levy and budget. Kelley asked if the $90,000 that will be put into the Equipment Outlay Fund would be available to use for the new fire station if needed. Council agreed that the money should be put aside for fire service use. He asked about the 1991 HRA bonds levied for the City Offices building that will roll off in 2006 and the intent for the $250,000. Kelley stated that when the $250,000 rolls off, it should roll off permanently. He asked about the transfer of $105,000 from the General Fund. Moorse explained it would be transferred to the Equipment Outlay Fund. Flint moved, and Sansevere seconded, to adopt Resolution No. 4573 approving the Final 2000 Levy Collectible in 2001, Resolution No. 4574 adopting the 2001 General Fund Budget, and Resolution No. 4575 adopting the 2001 Special Revenue Funds Budgets. 40 Vote: Ayes 5, Nays 0. City Council Meeting December 11, 2000 i APPROVAL OF MINUTES *3. Regular Council Meeting of November 27, 2000 Sansevere moved, and Peterson seconded, to approve the Minutes of the Regular Council Meeting of November 27, 2000 as presented. Vote: Ayes 5, Nays 0. *4. Truth in Taxation Meeting of December 4, 2000 Sansevere moved, and Peterson seconded, to approve the Minutes of the Truth in Taxation meeting of December 4, 2000 as presented. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS —JIM WHITE, REPRESENTATIVE White stated that at the last Park Commission meeting, on December 4, 2000, they heard a proposal to build a baseball diamond east of the Carlson Fields. The baseball diamond would be intended as a multi -use field that could be used for soccer. The Alan Carlson land donation was a welcome acquisition, and the Commission is excited about it. The Navarre Park playground equipment is in. The boat play set is aligned opposite to the • planned alignment —it is turned 180 degrees. In April the Commission will have a work session to discuss the lake access points. Mayor Jabbour asked Moorse to update Council on some land. Moorse stated that the appraiser would meet with the landowner on December 12, 2000. Mayor Jabbour stated he would like to have an open house at the next Council meeting for the landowner, with the Park Commission and School Board present. PLANNING COMMISSION COMMENTS —LIZ HAWN, REPRESENTATIVE None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT • City Council Meeting December 11, 2000 *5. #2480 Spring Hill Golf Club, 725 Sixth Avenue North —Final Plat Approval • Resolution No. 4576 and Resolution No. 4577 Sansevere moved, and Peterson seconded, to adopt Resolution No. 4576 granting an extension of the effective period of preliminary plat approval for the plat of property located at 725 Sixth Avenue North, and to adopt Resolution No. 4577 approving the plat of Spring Hill Golf Club, applicant: Andrew M. Hunter III, President. Vote: Ayes 5, Nays 0. 6. #2550 Charles Van Eeckhout, 120 Brown Road South — Preliminary Subdivision Charles Van Eeckhout, the applicant, was present. Weinberger stated that the application was tabled at the last Council meeting. One of the main issues facing the applicant was the wetland delineation. Staff recently received the Technical Evaluation Panel (TEP) findings that approved the delineation as presented by Svobota Environmental Services, resulting in just over 14 acres of dry buildable, including areas set aside for right -of -way and NURP. The developer has requested a CUP to allow the property to develop as a Planned Residential Development (PRD), which would allow the developer density credit for all dry buildable land on the property. The concept behind the PRD is to allow for an alternative to standard minimum lot size subdivision, and to enhance the appearance of neighborhoods through preservation of • natural open spaces. The present plan provides 4 lots on the north end that are all about 3/4 of an acre in size. The second issue facing the application is access to the property. The applicant has requested access via Apple Glen Road in Long Lake. The TEP concluded that the proposed road would not cross wetland boundaries. Long Lake prefers not to grant approval until the Orono Council has given conceptual approval of the development. Staff sent Long Lake the current plan and will follow -up once Council has discussed the plan. Weinberger stated that preliminary plat approval should not be granted until Mr. Van Eeckhout submits drainage area information, and storm sewer and ponding calculations for review. The Planning Commission recommended denial of the application on August 21, 2000 because they felt the four north lots should be reduced to three lots, thereby increasing the average lot size; and they wanted additional information regarding wetland determinations within the development. The development as proposed under a PRD would meet the one unit per two -acre density that is required in the Comprehensive Plan. The Council, however, does have discretion regarding lot layout and density under a PRD. Weinberger also asked that Council give • conceptual approval of the plan so that Long Lake could consider granting access from City Council Meeting 4 December 11, 2000 6. #2550 Charles Van Eeckhout, 120 Brown Road South Preliminary Subdivision — Continued • Apple Glen Road. Mr. Van Eeckhout stated that he believed a preliminary plat approval would satisfy Long Lake's requirements. He was seeking to avoid any further time delays. Sansevere stated that he would not approve the plan until he was assured Van Eeckhout had access to the property. He asked how discussions with the adjacent property owner were progressing. Van Eeckhout stated he believed he has legal access off Apple Glen Road and would like approval based on his conviction. He would then work with Long Lake and continue to seek access from Brown Road so that he could have both entrance points. Mayor Jabbour stated he had casually inquired at Long Lake whether Mr. Van Eeckhout's application would be received favorably. He felt it would not be easy to gain access from Apple Glen, and it would be significantly more difficult to gain access after January 1St, because of the new council at Long Lake. The Orono Council could not give preliminary approval of his application contingent upon access being granted from Long Lake. He also stated that he received a letter from the adjacent property owner declaring that he read in Council minutes that he had been approached repeatedly by Mr. Van Eeckhout, when in fact, he felt he had not received reasonable offers for his land. The letter stated he was prepared to work with Mr. Van Eeckhout if he was properly • compensated. Kelley stated that he favored a plan with 6 lots, and only 1 access so that more dry buildable would not be taken from the lots and used for roads. He therefore would not approve the plan in front of Council. Mayor Jabbour asked Barrett if Council could grant approval contingent upon his receiving access from Long Lake. Barrett replied that if preliminary plat approval is granted, it obligates the City to find the applicant access if he meets a series of conditions, therefore the Council should not grant preliminary approval until access is provided. Mayor Jabbour asked Mr. Sweeney, Long Lake City Administrator, if they could decide on access before the next Orono meeting. He replied that they would not be able to respond before January because it would have to move through the Planning Commission and the Council. He also stated that the Apple Glen residents are strongly opposed to granting access. Mayor Jabbour stated that Council had to deny the application because of the pending deadline. Council wants the subdivision to succeed, but could not approve the application before Mr. Van Eeckhout gains access to the propem . • City Council Meeting December 11, 2000 • 6. #2550 Charles Van Eeckhout, 120 Brown Road South Preliminary Subdivision- - Continued Moorse stated that Long Lake had asked for approval of the concept before them, which Council could give without actually granting preliminary plat approval. Mr. Sweeney stated that Long Lake would not be able to respond to the application before the fourth Monday of January. Mayor Jabbour polled the Council as to their preferences for lot number and road access to the subdivision: Peterson 6 lots Brown Road Kelley 6 lots Brown Road Sansevere undecided Brown Road Flint 6 lots Apple Glen Road Mayor Jabbour stated that Council would deny the application and Mr. Van Eeckhout should gain access from Brown Road, then bring a new application before the Council. Mr. Van Eeckhout stated he was willing to grant an extension. Mayor Jabbour replied that because the application had been in the system for over a year, it should be decided at the current meeting. Mr. Van Eeckhout offered to resolve the issues before the next Council meeting if possible. Mayor Jabbour moved, and Flint seconded, to direct staff to prepare a resolution • denying Mr. Van Eeckhout's application for the next Council meeting, if, however, the applicant brings a plan for a six lot subdivision with access from Brown Road to staff before the next meeting, Council would consider the new plan instead. Vote: Ayes 5, Nays 0. Item 7 appears after item 8. 8. #2596 Brenshell Homes, 1181 Wildhurst Trail— Citizen Petition for EAW - Resolution No. 4578 Steve Benke, Brenshell Homes owner, was present to answer any questions. Gaffron stated that the City received a petition from a group of citizens that came through the Environmental Quality Board requesting an Environmental Assessment Worksheet (EAW) for the Brenshell Homes development. The City has been designated as the . appropriate "responsible governmental unit" to determine whether an EAW is required. He stated the Council had up to 30 working days to make such a determination. Also, there was no requirement for a public hearing. Staff found that an EAW was not mandatory, but not exempt, leaving the City the option of requiring an EAW. If evidence provided by petitioners, proposers and others • demonstrated to the Council that the project may have the potential for significant City Council Meeting December 11, 2000 8. #2596 Brenshell Homes, 1181 Wildhurst Trail— Citizen Petition for EAW— • Resolution No. 4578— Continued environmental effects, then Council shall require an EAW. If evidence provided by petitioners, proposers and others failed to demonstrate to the Council that the project may have the potential for significant environmental effects, then Council shall deny the petition. Staff found that the Brenshell project did not fall within any of the Mandatory EAW categories under Minnesota Rules 4410.4300 because none of the thresholds are exceeded or even approached. Two exemption categories under Minnesota Rules 4410.4600 were potentially applicable to Brenshell Homes: 1) Subp. 2(B): Projects for which all governmental decisions have been made. MCWD has withheld their final effective approval until after the EAW need determination has been made. 2) Subp. 12: Construction of a residential development of less than 20 units in a Fourth Class City (Orono) is exempt, except when part of the project is within a shoreland area. Approximately 80% of the Brenshell site is within the designated Shoreland area. Gaffron stated that the staff memo addresses each concern raised in the petition: erosion and increased pollution to Forest Lake, filling in of the wetland, irreversible damage to • the last remaining area of Big Woods, and a hazardous intersection proposed to gain access to the development. Staff also considered 3 letters from individual residents when determining whether an EAW was necessary. Staff concluded that under the conditions of preliminary plat approval, which was granted earlier this fall, with certain refinements proposed in the staff memo, they felt it was appropriate and reasonable to find that the development has no significant environmental effects. Gary Welsh, of 1214 Wildhurst Trail, stated that the petitioners are not obstructionist and are prepared for development. They do want the EAW and may even contribute toward its expense. They would also accept the results of the EAW as final. Jack Perry, attorney with Briggs and Morgan at 2400 IDS Center, stated that he was asked to review the EAW and help the petitioners to understand the process and the resulting report. He cited Gaffron as stating the rules are unclear whether a public hearing is required. Mayor Jabbour stated that Gaffron said the hearing is not required. Mr. Perry insisted that Gaffron stated there is no mention of a public hearing being required anywhere in the relevant literature. He argued that a public hearing, even if not required, should be held out of fairness to the petitioners. He asked that the petitioners be given time to have their experts review the staff report and respond to it. - Kathleen Kasprick, of 1067 Linden Lane, stated that the citizens have acted with good will toward the Council and the developer. She felt the EAW would be good for the • City Council Meeting December 11, 2000 8. #2596 Brensh ell Homes, 1181 Wildhurst Trail — Citizen Petition for EAW- • Resolution No. 4578— Continued community, granting an opportunity for everyone to work together. Mayor Jabbour stated that the City has used many resources in pursuit of a fruitless effort. He supported staff's recommendation, and felt that staff and Council should spend energy on more relevant issues. Flint stated that he was against the EAW because he did not want to prolong the application process. Sansevere asked Gaffron about staff's decision. Gaffron assured him that the EAW was not even marginally required, and the only reason it was not exempt was because the development is in the shoreland. Peterson moved, and Mayor Jabbour seconded, to adopt Resolution No. 4578 determining that the development proposal by Brenshell Homes has no potential significant environmental effects and denying the citizens' petition for preparation of an environmental assessment worksheet (EAW) Vote: Ayes 5, Nays 0. Mayor Jabbour asked Mr. Benke if he was aware of the Council's efforts to develop maintenance agreements on stormwater ponds. When the City releases the letter of credit, they want to be assured that his ponds will function as planned. The City will have the right to enter the subdivision, maintain the ponds, and assess the cost back to the property, which will be reflected in the new covenants and deeds. • Flint moved, and Peterson seconded, to reconsider Resolution No. 4578. Vote: Ayes 5, Nays 0. Flint stated that on page 5 of 8 of the resolution, in the first paragraph, it mentioned ponds, culverts, and related stormwater facilities, but not berms or related erosion control facilities. Flint proposed the following changes: Easements and development covenants will be required to ensure the permanent maintenance of stormwater management and erosion control facilities... These documents will give the City authority to maintain the ponds, culverts, berms, and related stormwater and erosion control facilities... Flint moved, and Peterson seconded, to adopt Resolution No. 4578 as amended. Vote: Ayes 5, Nays 0. 7. Fleming trail— Approve Site Plan Revision per Restrictive Covenants Mr. Shannon Sweeney, Long Lake City Administrator, and Mayor Mike Bash were present. Mr. Sweeney stated that Long Lake has been working on a plan to develop the Fleming • Trail Addition site. The parcel is 26 acres, including the pond area, much of which City Council Meeting December 11, 2000 7. Fleming trail Approve Site Plan Revision per Restrictive Covenants— Continued • would be used for stormwater retention. Long Lake hired the planning firm of Dahlgren, Shardlow, and Uban to develop the site. Long Lake presented two plans to the adjoining property owners in the Orono Oaks development. Long Lake preferred plan A, while the property owners preferred plan B. Long Lake then engaged the planning firm to develop plan C, which is sensitive to the Orono Oaks property owners for several reasons: 1) By clustering the lots on the hilltop, the visual impact is significantly reduced. Only 3 rear yards abut Orono Oaks Drive. 2) It makes no use of Orono Oaks Drive. 3) It reduces the impact on trees and natural vegetation while allowing Long Lake to meet its goal of maintaining 13 lots. 4) It reserves the majority of the property as park or natural area. Plan C best meets the intent of the original covenants, providing for no vehicular or pedestrian access to Orono Oaks Drive, continues to meet the setbacks established within the original covenants, and reduces the developed area. The minimum lot size of .8 acres provided in the original covenant conflicts with plan C, which includes lots that are • between .5 and .75 acres. The City of Long Lake requested that the City- of Orono amend the covenants for the Fleming Trail Addition in order to allow for the development of the property as described in Plan C. Kelley asked how they would stop runoff from coming down the cul -de -sac and running over Orono Orchard Drive into the wetland. Sweeney stated they would build a storm sewer redirecting runoff to the pond in the north. Mayor Jabbour asked for Sweeney and Mayor Bash's assurance that Orono's City Engineer would be able to view and comment on Long Lake's sewer and drainage plans. Sweeney and Mayor Bash both agreed. Flint stated that he would vote in favor of the plan, but he would prefer that the new road join Orono Oaks Drive as in Plan A, instead of cutting through the parkland. Mayor Jabbour asked the president of the homeowner's association, who was present, if they would reconsider letting Long Lake use Orono Oaks Drive. The homeowner's president stated they were adamant that the road not be used. Sansevere moved, and Kelley seconded, to approve the revised concept plan for the Fleming Trail Addition dated 12/11/00, and to direct staff to attach the revised concept plan to the Fleming Trail Addition restrictive covenants, and to change the language of the covenant from .8 acre minimum lot size to .5 acre. Vote: Ayes 5, Nays 0. 0 City Council Meeting December 11, 2000 9 *9. #2623 Fred Johnson, 1926 Fagerness Point Road — Variances — Resolution No. 4579 Sansevere moved, and Peterson seconded; to adopt Resolution No. 4579 granting variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55, Subdivision 8 to permit 1,500 s.f. of structure within the 75 foot protected lakeshore setback to Lake Minnetonka where no structure is permitted, and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(1) to permit 2,079 s.f. (26 %) of hardcover within the 75 foot lakeshore setback where no hardcover is allowed subject to all conditions listed in the resolution. Vote: Ayes 5, Nays 0. *10. #2625 Morgan Nelson, 3145 Jamestown Road — Variances — Resolution No. 4580 Sansevere moved, and Peterson seconded, to adopt Resolution No. 4580 granting variances to Municipal Zoning Code Section10.56, Subdivision 16(C)(1) to permit the construction of a swimming pool 123 feet from the OHWL of Lake Classen where 150 feet is required to lakes classified as NE, Natural Environment and to Section 10.56, Subdivision 16(C)(3) to permit a 9 foot encroachment into the average lakeshore setback for structures where no encroachment is allowed subject to all conditions listed in the resolution. Vote: Ayes 5, Nays 0. • *11. #2633 Jerome Lague, 2138 Shadywood Road — Variances — Resolution No. 4581 Sansevere moved, and Peterson seconded, to adopt Resolution No. 4581 granting a variance to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to allow 6,784 s.f. (40.9 %) hardcover in the 75 – 250 foot lakeshore setback where 6,784 s.f. (40.9 %) exists and 4,137 s.f. (25 %) is allowed and Section 10.22, Subdivision 1(B) and Section 10.56, Subdivision 16(C)(6) to allow encroachment of 8 feet into the average lakeshore setback to permit a lakeside deck to be replaced subject to all conditions listed in the resolution. Vote: Ayes 5, Nays 0. Items 12 and 13 appear after item 14. 14. #2640/2641 Orono Ambar, LLC, 2060 Wayzata Boulevard — P.U.D./ Subdivision/Rezoning/Commercial Site Plan Reviews Frank Dunbar, the developer, was present. Weinberger stated that Orono Ambar, LLC submitted an application for a two -lot plat of a 6.7 acre property, splitting it into a 4 acre and a 2.7 acre site. Proposed is a rezoning for the two properties from B -1, Retail Sales Business District to B -6/PUD (for office use of the proposed west parcel) and RPUD/PUD (for multi - family residential use of the City Council Meeting December 11, 2000 10 14. #264012641 Orono Ambar, LLC, 2060 Wayzata Boulevard —P. U.D./ • Subdivision/Rezoning /Commercial Site Plan Reviews — Continued proposed east parcel). The intended uses of the properties are a 2 and 3 -story 62 unit senior housing project and a 23,000 s.£ office building. Weinberger explained that since the last public meeting, the developer had changed the plan by sliding the building further to the south, creating a 56 foot setback between the building and rear property line. He had also lowered one half of the building by 7 feet. He removed the third story on the eastern third of the building. Mr. Dunbar moved the service road and rearranged the parking so that traffic wouldn't have to pass directly through the lot, also parking along the south side of the road had been removed. The service road would continue on to the office parking, and through to the property line in order to allow future access to Brimhall Road. Mayor Jabbour asked Mr. Dunbar to summarize the project's history. He stated that he came in over the summer with a concept to put retail on the first floor and senior housing above it. The proposed building was too high, so he broke the project apart offering a retail /office site separate from the housing site. He tried to preserve a hill between the two sites, thereby preserving vegetation. To minimize the impact on the neighbors to the north, he moved the housing to the south and has reduced the parking. He lowered the height on the northeast wing to 2 stories, reducing the housing to 62 units. He also shortened the clock tower. He moved the office building 5 feet to the west and adjusted. the elevator to eliminate variances. He raised the foundation of the senior housing 4 feet • on the east side to keep the natural vegetation and moved the garage entrance to the south side so neighbors on the east wouldn't see cars coming and going from the garage. He chose similar building materials for the housing unit and the office building so they will be compatible. Dr. Berg, of 2021 Sugarwoods Drive, stated that the homeowners association has discussed the project, and they approve of the senior housing. They are concerned that the project is too big and too dense with about 17 people per acre. He submitted a petition stating that the neighbors feel the project is too big. Mayor Jabbour stated that the housing project needs enough density to justify the expense. Orono as a community needs senior housing. He asked the neighbors to realize that if the site is developed non - residential the parking requirements would eliminate all existing trees on the site. He asked the neighbors to offer suggestions instead of simply stating their complaints. Sansevere reminded the neighbors that Mr. Dunbar dropped his housing plan from 70 to 62 units and dropped one wing from 3 to 2 stories in order to accommodate the neighbors. Ron Glover, of 2004 Sugarwoods Drive, asked if there was a solution to be found between the existing plan and the worst possible scenario. Mayor Jabbour stated that a housing project will produce minimal traffic and parking City Council Meeting December 11, 2000 14. #264012641 Orono Ambar, LLC, 2060 Wayzata Boulevard —P. U.D./ Subdivision/Rezoning /Commercial Site Plan Reviews — Continued needs compared to a retail project. He suggested people offer input toward landscaping and buffering issues. Kelley stated that he worked with Sid Rebers, the owner, on developing Sugarwoods. Because of Mr. Rebers' concern for his property, the neighbors are assured he has selected a conscientious developer. If Mr. Rebers has to sell, or his estate sells, the property, the next developer might not be so willing to accommodate the neighbors' wishes. He stated that when Highway 12 is finished, the property's value will increase dramatically. Jim Winter, of 2005 Sugarwoods Drive, stated that he agreed with Kelley, and believes Sid Rebers and the developer have compromised very well. He did not sign the petition. Dick Gill, of 2002 Sugarwoods Drive, stated that he did sign the petition to support his neighbors, but he appreciates the work Mr. Rebers and the developer have done, and he hopes there is more that can be done to address the neighbors' concerns. Sansevere asked if the concern over massing regarded the view from the road, or the view from Sugarwoods. Mr. Gill stated it was both. Mr. Dunbar stated that the drawings are • deceptive because they don't necessarily show the effect of the topography. Because the housing would be set downhill from Sugarwoods, only the very top of the building would be visible from the neighbors' homes. Mr. Dunbar stated that the development is as small as it can go: any smaller and it ceases to be financially viable. Mayor Jabbour stated that at this point the neighbors should offer input as to landscaping to help disguise the development. Mr. Dunbar stated that he would hold neighborhood meetings and go on site with the neighbors to work out landscaping issues. Flint stated that the best way to protect Orono's beauty is to say yes to the right developer. Mayor Jabbour stated that the project could provide Sugarwoods with a sound buffer to Highway 12. Steve Schrole, of 2006 Sugarwoods, stated that he is concerned with traffic congestion and flow. It currently takes a long time to turn left onto Highway 12 from Brown Road. Mayor Jabbour stated they expect a light to be installed at that intersection, and it will coincide with the development opening. Mayor Jabbour stated that the City will have some control over the development because they are issuing bonds and possibly TIF financing. He reminded the neighbors that they will be able to offer input into things like the hours kept, the type of lights used, berms, trees, etc. Dr. Berg asked about the roof pitch on the housing unit. Mr. Dunbar stated it could be is either a 5/12 or 4/12 pitch. He added that he was prepared to bring in a traffic study to City Council Meeting December 11, 2000 14. #264012641 Orono Ambar, LLC, 2060 Wayzata Boulevard —P. U.D./ Subdivision/Rezoning /Commercial Site Plan Reviews— Continued prove that his development's impact wouldn't be dramatic because seniors are off -peak hours drivers. 12 Rosemarie Glover, of 2004 Sugarwoods, asked about increasing the office building size to accommodate a smaller housing unit. Mr. Dunbar stated that increasina the office size would require extensive parking that would result in removing all the trees on the lot. Kelley questioned the application deadline. Mr. Dunbar agreed to extend the deadline up to 180 days, which is the maximum allowed extension for a subdivision. Kelley moved, and Mayor Jabbour seconded, to send the application to the Planning Commission for a commercial site plan and develop an ordinance for the RPUD to accommodate senior housing on the site. Vote: Ayes 5, Nays 0. 12. #2634 G & G Holding Company, 1122 and 1140 Loma Linda Avenue —Lot Line Rearrangement — Resolutions No. 4582 and 4583 Ms. Hurr was present representing the applicants, Mr. and Mrs. Goldberg. Weinberger stated that the applicants requested a vacation of an alley /service road at the • back of parcel A (1122 Loma Linda) that has not been used and would be difficult to use in the future due to steep topography. There is a sewer line that runs through a portion of the alley which would not be vacated because it serves as the only public access for parcel B (1140 Loma Linda). A condition of the vacation would require an access and utility easement over the sewer line. They also requested rearrangement of a common property line, resulting in both lots involved (both owned by the Goldbergs) increasing in size. Also, part of parcel A would be added to parcel B. The Planning Commission voted to approve the application with the condition that if parcel A is developed, the new structure be located 30 feet from the existing rear property line. Staff received a letter from a property owner across Loma Linda who enjoyed a view of the lake across the Goldberg's property. The property owner vas concerned that he would lose his view if the service road were vacated. He installed a bav window in his house in part because the road was City owned. Staff determined that the property owner's view is actually across the lot to the south of parcel A. The ser«ce road is heavily wooded with mature brush. The Planning Commission recommended a greater setback be required to the new rear lot line: 50 feet for all structures rather than the 30 feet required by zoning standards. Ms. Hurr stated that the applicants object to a 50 foot setback being required, which 0 City Council Meeting 13 December 11, 2000 . 12. #2634 G & G Holding Company, 1122 and 1140 Loma Linda Avenue —Lot Line Rearrangement — Resolutions No. 4582 and 4583— Continued would place their structure directly behind the Bockmann residence. She stated the view the neighbor enjoys is not over the service road, but the Goldberg's property to the south, over which he has no scenic easement. Jeff Johnson, of 1145 Loma Linda, stated that he would have a view over the service road if the brush were removed. Ms. Hurr stated that even if the brush were removed, the new house being built on parcel B would block his view of the lake. Kelley stated that if the service road is vacated, the trees will be on private property and the Goldberg's could do whatever they like with them. Sansevere stated that a view of the lake is not the Council's concern. Weinberger questioned if accessory structures would be allowed within 10 feet of the rear lot line, or if they should be restricted. Kelley replied the lot should be treated as any other lot in the City. Peterson moved, and Kelley seconded, to adopt Resolution No. 4582 vacating the • platted right of way within the plat of Loma Linda, and Resolution No. 4583 approving a subdivision of a lot line rearrangement for properties located at 1122 and 1140 Loma Linda Avenue, and owned by Stanley and Luella Goldberg, removing any reference to a 50 foot setback. Vote: Ayes 5, Nays 0. 13. #2635 G & G Holding Company, 1140 Loma Linda Avenue— Variances- Resolution No. 4584 Weinberger stated that the applicants proposed to construct a new residence on parcel B based on the lot line rearrangement being approved. They requested a variance to allow 1,417 s.f. (29.8 %) hardcover in the 75 – 250 foot lakeshore setback where 1,187 s.f. (25 %) is allowed. The applicants proposed one 9 X 20 foot parking area. Staff recommended a minimum area of an 18 X 30 foot (540 s.£) designated parking area, resulting in a final 75 – 250 foot zone hardcover of 1,777 s.f. (37.4 %). No garage has been proposed for the property. No garage could be located on any portion of the property because of the sewer line and required utility easement. The only option would be to build a garage that is tucked -under the house. The applicants stated they have no intention of adding a garage because of the limitations of the site, and because of the proposed development, one could never be added. Mayor Jabbour asked if • the applicant understands that a garage could never be added to the site. Ms. Hurr stated City Council Meeting December 11, 2000 14 13. #2635 G & G Holding Company, 1140 Loma Linda Avenue — Variances— • Resolution No. 4584— Continued they did. Bill Bockmann, of 1130 Loma Linda, stated that the Council set a precedent with his application when they did not allow him a third car stall in his garage to keep him at 25% hardcover in the 75 — 250 foot lakeshore setback zone. Mayor Jabbour stated that City Ordinance allows 1,500 s.f. of structural coverage on any lot less than 10,000 s.f., and the present application was different because there was a true hardship present. Mayor Jabbour moved, and Flint seconded, to adopt Resogranting variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to permit 1,777 s.f. (37 %) hardcover within the 75 — 250 foot lakeshore setback where 1,187 s.f. (25 %) hardcover is allowed and Section 10.24, Subdivision 5 (B) to permit a 10 foot front yard setback where 35 feet is required, subject to the conditions listed in the resolution. Vote: Ayes 4, Nays 1 (Peterson). 15. RPUD Ordinance Update There was no verbal update. *16. Tonkaview/North Shore Address Changes — "Tonkaview Court " — Resolution • No. 4585 Sansevere moved, and Peterson seconded, to adopt Resolution No. 4585 establishing the road name "Tonkaview Court" within the plat of Bergquist and Wicklunds Park and assigning new addresses to certain abutting properties. Vote: Ayes 5, Nays 0. *17. Termination of Interim Building Permit Procedures for Storm Damage Sansevere moved, and Peterson seconded, to formally terminate as of January 1, 2001 the Interim Building Permit Procedures for Storm Damage, which were implemented by the City on May 18, 1998 in relation to the May 15, 1998 storm. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT None. PUBLIC SERVICE DIRECTOR'S REPORT None. • C� City Council Meeting December 11, 2000 CITY ADMINISTRATOR'S REPORT 18. Appointment of Police Chief 15 Moorse stated that the candidate is interested in the City's offer, but currently has a strong compensation package with the state, including an early retirement incentive. Her current salary is about $71,000, and she's in line for a promotion that would increase her salary to $80,000. The City offered a salary of $74,000, which is higher than the City's other department heads receive. She stated she would want a salary increase within a year. He told the candidate he couldn't guarantee an increase within a year, but did negotiate a $1,500 signing bonus. Moorse suggested the City hire a consultant to conduct an internal and external salary study for the department head positions. The deal was currently negotiated to a $74,000 salary with a $1,500 signing bonus, a take home car, insurance, 30 days sick leave already banked, 3 weeks vacation per year with 3 weeks banked, and 6 months severance pay if she is ever fired for other than just cause. Council discussed having a probation period. They decided that she should not receive severance pay if she is terminated within her first 6 months. They directed Moorse to put • the offer in writing and get a signed deal from the candidate before the Thursday meeting. Mayor Jabbour moved, and Kelley seconded, to offer Stephany Good .a salary of $74,000 with a $1,500 signing bonus, a take home car, insurance, 30 days sick leave already banked, 3 weeks vacation per year with 3 weeks banked, and 6 months severance pay if she is ever fired for other than just cause after her first 6 months as Orono Police Chief. Vote: Ayes 5, Nays 0. 19. Reclassification —Mike Gaffron Council expressed their gratitude to Gaffron for his hard work and dedication. Peterson moved, and Sansevere seconded, to approve a position reclassification for Mike Gaffron to place his position into the supervisory /administrative pay schedule at Level 6, to change the position title to Planning Director, and to adjust Mike Gaffron's salary to Step 4 of Level 6 effective December 11, 2000; and to designate Mike Gaffron as Acting City Administrator in the absence of the City Administrator. Vote: Ayes 5, Nays 0. 0 City Council Meeting 16 December 11, 2000 *20. Accept Resignation of Chris Pence, On -Site Systems Manager Sansevere moved, and Peterson seconded, to approve the resignation of Chris Pence from his position as the City's Septic Inspector effective December 15, 2000. Vote: Ayes 5, Nays 0. 21. 2001 Fee Schedule— Ordinance and Summary Ordinance for Publication Flint questioned changing the park fee from $7,250 per unit to $7,250 per acre. Moorse explained that the fees were for commercial /industrial park residents, so they do not have dwelling units. Flint stated he was not convinced that $7,250 was the appropriate fee. Mayor Jabbour moved, and Flint seconded, to continue item 21 at the next meeting. Vote: Ayes 5, Nays 0. 22. Establish Minimum/Maximum Park Dedication Fee for Residential Land Flint stated that park fee increases should be reassessed, and they should possibly occur each year. Gaffron stated that the fee raises periodically, not annually. Flint stated that Mounds' park fee is significantly higher than Orono's park fee. Mayor Jabbour moved, and Flint seconded, to continue item 22 at the next meeting. Vote: Ayes 5, Nays 0. • *23. 2001 Meeting Schedule Sansevere moved, and Peterson seconded, to approve the 2001 Meeting Schedule. Vote: Ayes 5, Nays 0. *24. Council Liaison to Park Commission and Planning commission Meetings in 2001 Sansevere moved, and Peterson seconded, to approve the schedule for Council attendance at the Park Commission and Planning Commission meetings during 2001. Vote: Ayes 5, Nays 0. *25. Appoint Auditor for Fiscal Year 2000 Sansevere moved, and Peterson seconded, to appoint the audit firm of Malloy, Montague, Karnowski, Radosevich & Co., P.A. to perform the required audits for the 2000 fiscal year records at an estimated cost of $21,600,plus direct expenses. Vote: Ayes 5, Nays 0. • City Council Meeting December 11, 2000 • *26. 2000 Interfund Transfers and Loan Payments Sansevere moved, and Peterson seconded, to approve transfers as indicated in the Schedule of 2000 Interfund Transfers and Loan Payments. Vote: Ayes 5, Nays 0. *27. Authorization to Disburse City Funds for Claims Received Sansevere moved, and Peterson seconded, to approve transfers as indicated in the Schedule of 2000 Interfund Transfers and Loan Payments. Vote: Ayes 5, Nays 0. 17 *28. Letter of Intent to Purchase —Three (3) 2001 Ford Crown Victoria Squad Cars Sansevere moved, and Peterson seconded, to approve the letter to be sent to Superior Ford. Vote: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT None. 22. LICENSES *ONE DAY GAMBLING— Resolution No. 4586 1. Orono PTO Mid Winter Fun Fest Raffle —Orono Middle School Saturday, February 3, 2001 Sansevere moved, and Peterson seconded, to adopt Resolution No. 4586 approving the application of Orono PTO for a one day off -site gambling permit. Vote: Ayes 5, Nays 0. *GARBAGE AND REFUSE COLLECTOR'S LICENSE 1. Randall R. Roskowiak Randy's Sanitation 4351. US Hwy 12 SE Delano, MN 5538 Sansevere moved, and Peterson seconded, to approve the Garbage and Refuse Collector's License for Randy's Sanitation. • Vote: Ayes 5, Nays 0. City Council Meeting December 11, 2000 RESIDENTIAL KENNEL LICENSE RENEWAL 1. Carol Brooks 5. Irwin Jacobs 980 West Ferndale Road 1700 Shoreline Drive 2. Wayne E. Carrier 6. Don Lindall 1376 North Arm Drive 666 Tonkawa Road 3. Kevin Garnett 7. David and Luann Runkle 450 Orono Orchard Road South 2684 Casco Point Road 4. Colleen Jabbour 985 Tonkawa Road 8. Robert K. Sansevere 745 Orchard Park Road Kelley moved, and Peterson seconded, to approve the above listed Residential Kennel Licenses. Vote: Ayes 3, Nays 0 (Mayor Jabbour and Sansevere abstained). 30. Home Occupation License Renewals 1. All -star Electric (Electric) Bob Meinhardt 3585 Sixth Avenue North Long Lake, MN 55356 2. Guardsman Wood Pro (Furniture Repair) Bruce C. Mathison 5 Brown Road South Long Lake, MN 55356 3. L.A. Pilgram, D.C. (Chiropractic Office) LeRoy A. Pilgram, D.C. 1795 Shadywood Road Wayzata, MN 55391 4. Norum & Pearson, PA (Law Firm) Russell Norum 3264 North Shore Drive Wayzata, MN 55391 18 5. Waldron Law Offices, Ltd. (Law Practice) John B. Waldron 1951 Concordia Street Wayzata, MN 55' :)91 6. William Lewis Web Development, LLC (Internet Website Development) William L. Leskinen 1225 Willow Drive North Long Lake, MN 55356 • • 0 City Council Meeting November 13, 2000 19 • Kelley stated that Council should not approve the licenses of the 2 applicants, Meinhardt and Norum, in violation of code. Moorse stated that in Meinhardt's case, employees come to the property to pick up a truck, but do not technically work on site. Overall Council agreed with staff's recommendation to put Meinhardt and Norum on notice that they will not receive licenses next year. Kelley moved, and Flint seconded, to approve the above Home Occupation Licenses for the year 2001, and that staff should put Meinhardt and Norum on notice that they are in violation of the home occupation ordinance and will not receive licenses for 2002. Vote: Ayes 5, Nays 0. *31. BILLS Sansevere moved, and Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT • The meeting was adjourned at 11:20 p.m. ATTEST: n� < Linda S. Vee, City Clerk Ga 'el Jabbour, Ma r Barb ra Peterson, yor •