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HomeMy WebLinkAbout02-26-2001 Council Minutes• MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 ROLL The City Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jim White, Jay Nygard, Richard Flint and Bob Sansevere. Representing Staff were City Administrator Ron Moorse, Planning Director Michael Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, City Attorney Tom Barrett, Public Services Director Greg Gappa, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:02 p.m. ( #1) Park Commission Interviews Peterson thanked the applicants for applying to the Park Commission and serving the community. Peterson noted there is one vacancy open on the Park Commission at the present time. Paul Kerr, 4680 West Branch Road, indicated he has accessed the City's Web site and reviewed the Parks and Trails section of the Comprehensive Plan. Kerr stated his understanding of the Comprehensive Plan lays out a philosophy of a rural or bucolic setting, bigger lots, and a slower push towards development. Kerr stated since he is fairly new to the community, he is unsure exactly what direction the City is • headed, but feels that Orono is going in the right direction generally. Kerr commented he has attended the past several Park Commission meetings and has familiarized himself with the local parks. Sansevere inquired what Kerr would make a priority if he were selected to be on the Park Commission. Kerr stated he has no personal agenda, but would be interested in improving some of the parks by adding play equipment. Kerr indicated he does a lot of bicycling and likes to ski, so he would prefer the parks in this area remain more natural and undeveloped. Kerr stated he would like to know how the residents feel about the parks and what they would like to see for the parks. Nygard noted Kerr resided in Excelsior for a number of years, and inquired how long Kerr has resided in the general community. Kerr stated he lived in Excelsior for ten years, and is excited about the many opportunities that exist in the Orono community for parks. White inquired what Kerr thought about the Dakota Rail to Trail project. Kerr indicated he is familiar with the proposed Dakota Trail and supports alternative means of transportation. Kerr stated in his view the Dakota Trail would provide a safe way to get around the area. Kerr indicated he is very supportive of trails. In response to a question by White, Kerr indicated he has been involved with fundraising • activities while a resident of Excelsior. Kerr noted a possible source of revenue discussed by the PAGE 1 MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 n LJ (Park Commission Interviews, Continued) Park Commission was pulltabs. Kerr indicated he is in favor of fundraisers that the people are willing to support, and cited Excelsior selling bricks around their play equipment as one possible source of revenue for the Park Commission. Mayor Peterson thanked Kerr for applying to the Park Commission. J. Patrick Wolfe, 2871 Casco Point Road, indicated he has not had a chance to review the City's Comprehensive Plan. Wolfe stated in his view he sees the Park Commission acting more as a service entity to the City Council, with the City Council making the final decisions on any long -range planning and dollars spent on the various parks. Wolfe stated the Park Commission in his opinion makes recommendations to the City Council on the direction they would like to see the parks go. Sansevere inquired what priority Wolfe would have while on the Park Commission. Wolfe commented he would like to become involved in the overall long -range planning of the parks and trail system. Sansevere inquired what thoughts Wolfe had for fundraising for the Park Commission. Wolfe stated he would bring to the Park Commission the experience of having raised funds for the ice arena and having reached a consensus among a number of different organizations to help • make the ice arena possible. Wolfe stated he also has a concern regarding the quality and uses of the lake. White inquired what his thoughts were regarding the Dakota Rail to Trail project. Wolfe stated in his view the Dakota Trail project needs to start with the Mayor and her counterpart in Minnetonka Beach in order to reach a mutual consensus on the trail. Wolfe stated he would like to see the trail happen, and feels that an agreement can be reached by educating the people and legislators on the advantages of the trail. Mayor Peterson thanked Wolfe for applying for the Park Commission. CONSENT AGENDA ( #2) Approve /Amend Items 4, 13, 14, 15, and 16 were added to the Consent Agenda. Sansevere moved, White seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. • PAGE 2 • MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 APPROVAL OF MINUTES *( #3) REGULAR COUNCIL MEETING OF FEBRUARY 12, 2001 Sansevere moved, White seconded, to approve the minutes of the regular Orono City Council meeting of February 12, 2001, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — Rick Meyers, Representative Meyers reported on the February 5 t Park Commission meeting. Meyers stated the Park Commission is interested in erecting signage in the area of the Navarre Park denoting "children at play" or "playground in area" to alert the vehicular traffic in the area of the park. Meyers stated the Park Commission is very grateful for the recent land donations by Carlson and Lurton, but noted concerns regarding access to the parks. Meyers stated the Park Commission is considering some type of access off of Old Crystal Bay Road to the Carlson property, and if that cannot be done, then some type of parking lot will need to be constructed to utilize the park. In regards to the Lurton property, the Park Commission is looking at options for connection to the school property and a trail connection off of County Road 6. The Park Commission is looking to avoid having the land become landlocked. • Meyers reported the Park Commission is continuing to discuss the lake access points and will be rephotographing several of the sites in order to better ascertain what exists in the area. Meyers indicated the Park Commission would like to schedule a work session with the City Council to discuss the lake access points and the issues associated with them. Meyers stated one issue that was raised while discussing the lake access points was access by snowmobilers. Meyers noted there has been heavy snowmobile traffic on the lake this year due to the amount of snow received so far this year, and in his opinion the City needs to take a look at how this traffic can be handled safely. Nygard inquired where the crosswalk was going to be for the Navarre Park. Meyers stated it would be located on the side road. Nygard indicated he has concerns regarding traffic on County Road 19 in the area of the park and young children crossing the road while attempting to get to the park. Nygard stated in his view he would like to see more attention focused on this issue by the Park Commission. Meyers stated he is in agreement with Nygard, and suggested that perhaps the Public Works Department look at how this situation can be improved. Sansevere inquired whether the lights at the intersection of 19 and 15 have the "walk" and "don't walk" meters on them. • Meyers stated they are on the lights. Meyers commented the crosswalk on County Road 15 also experiences problems and perhaps needs some updating and /or enforcing. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 E (Park Commission Comments, Continued) Meyers stated the Park Commission also discussed the new field at the Lee Carlson property, and indicated the Softball Association raised the majority of their money from their pulltab operation. Meyers commented Orono has an abundance of land but is lacking the funds to be able to improve the parks, and suggested that pulltabs is one option the Park Commission could pursue. Meyers noted a bill was recently introduced in the legislature regarding the Dakota Rail to Trail project, but to his knowledge this bill has been sent back to committee for their review. Mayor Peterson commented the Park Commission is looking for any interested resident to donate hostas and daylilies for planting at the Navarre Park. Meyers stated they intend to draw up a little landscaping plan for the Navarre Park and will be inserting an article in the local newspaper asking for donations of specific plants, particularly hostas. Sansevere suggested the requested donation of plants be included on the City's web site. Nygard stated in his opinion the snowmobile issue is a recreational issue and needs to be dealt with by the City. At the present time snowmobilers are forced to break the law because there are not enough access points or trails to get from one place to another, which should be accommodated in some areas. Nygard stated there needs to be responsibility by the snowmobilers as well as the City. • Nygard stated he would like the Park Commission to discuss trail access as it relates to snowmobilers more indepth and the hazardous navigation areas, such as the Coffee Channel and Narrows Channel. Nygard stated he would like the Park Commission to explore ways to get the LMCD and sheriffs office more involved in this issue as well. Sansevere inquired whether there is any marking for snowmobilers alerting them of thin ice. Nygard stated the Sheriff s Office does put markers out on the poor spots. Nygard stated if the snowmobilers have an honest way of getting around, in his view they will respect that and stay off of private property whenever possible. Meyers indicated he would be willing to discuss this issue with the LMCD and the Sheriff s Office if directed to do so by the City-Council. Meyers stated he is aware that there is a problem under the bridges and that perhaps some kind of route could be provided to allow the snowmobilers access around the channels. Sansevere commented in his opinion there needs to be personal responsibility on the part of the snowmobilers and that they should avoid the dangerous spots. Sansevere stated the snowmobilers need to respect the rights of the property owners as well. Sansevere stated he is supportive of looking into the situation, but in his view the snowmobilers do not need unfettered access to all points of the lake. Nygard stated he is looking for ways that would enable the snowmobilers to be responsible and • not encroach on private property by having trails and access points available to them. PAGE 4 • MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 (Park Commission Comments, Continued) McMillan, LMCD, pointed out that Ex -Mayor Jabbour had researched a number of years ago the possibility of finding an alternative to Coffee Channel. McMillan indicated she is unsure whether that effort was successful, but suggested Gabriel Jabbour be contacted. Meyers stated in his opinion this is a public safety issue that should be addressed. Mayor Peterson suggested the Park Commission may want to include this item on their next agenda. Flint stated in his view it may not be appropriate to have the Park Commission review this since they may not be able to fulfill this role due to the many different agencies that are involved. Flint suggested having City Staff discuss this issue with the various agencies involved and clarify the concerns that need to be addressed. City Staff can then develop possible options and recommendations for consideration by the Council in a future work session. Mayor Peterson suggested that perhaps the City could consider writing a letter to the various groups involved once the issues have been discussed and better defined by City Staff and the Council. • LAKE MINNETONKA CONSERVATION DISTRICT — LILI MCMILLAN, REPRESENTATIVE • McMillan reported the LMCD is continuing to address the issue of increased water patrol for the 2001 and 2002 boating seasons. McMillan stated the LMCD is looking to add rivo full -time deputies for five months at a cost of $100,000 per year. McMillan stated five cities in the LMCD have indicated they do not wish to participate in the funding of the increased water patrol, with nine cities agreeing to a voluntary payment to help fund this project. McMillan stated in her view this issue will be finalized at their March meeting. McMillan reported the LMCD's expenditures for the harvesting of milfoil are over budget and they are in the process of reviewing this program to determine if there are other alternatives available to control the milfoil on the area lakes. White commented the general public needs to become better educated on checking their boats for the zebra mussel. McMillan indicated the LMCD is establishing a web site, which should be up and running sometime next month. McMillan noted she has been appointed by the managers of the Watershed District to serve on their Citizen's Advisory Committe. Mayor Peterson thanked McMillan for her commitment to the LMCD. PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 • PLANNING COMMISSION COMMENTS — LIZ HAWN Liz Hawn stated she would be available at tonight's meeting to answer any questions the Council may have. PUBLIC COMMENTS Pam Meyers, Superintendent of Mound Westonka Schools, addressed the City Council regarding the upcoming school referendum scheduled for March 17`h. Meyers stated the School District is interested in passing this 4.5 million dollar bond issue in order to help finance routine maintenance projects and technology updates at the schools. Meyers stated the information pertaining to this bond referendum can be accessed through their Shirley Hills School web site which gives detailed information on each of the 24 projects being proposed as part of this referendum along with a tax chart illustrating what the impact will be to an individual property owner. Betty Butler, 3145 Casco Circle, stated she has lived in Orono for 26 years, with all of her children attending the Mound Westonka School System. Butler stated in her view this school district provides a good education and encouraged the City Council and Orono residents to support this referendum. Flint noted a substantial number of Orono residents do attend the Westonka Schools. White stated in his experience Mound has been very responsible spending referendum money in the past. PUBLIC COMMENTS, CONTINUED Betty Butler, 3145 Casco Circle, suggested the City ask the various snowmobiling clubs in the area to assist them in coming up with an agreeable solution to the channel access problem. Tim and Lorie Line, 4415 Forest Lake Landing, addressed the City Council regarding possible violations of the building and zoning ordinances in their neighborhood. Tim Line stated they have been residents of Orono for the past four years. Line commented he feels that the City is a first -class community, a growing community, and a community where the building and zoning ordinances should be enforced in order to maintain the property values of the homes in the area. Line stated there are some instances that exist in the area of County Road 19 and County Road 51 which are, in his view, blatant violations of the ordinances and should be addressed by the City. Line indicated they have brought these concerns to the attention of City Staff approximately one year ago, and in his opinion these concerns have not been adequately addressed. Line stated there are a number of residences in this area which have large boats stored in their front yards in violation of the City's ordinances. Line distributed a number of photographs to the City Council for their review of the various situations they feel are in violation of the ordinances. Line also raised a concern regarding the number of vehicles parked at one residence. Line indicated he was informed by City Staff that as long as the vehicle is licensed, it is permissible in • Orono to leave a vehicle parked for an indefinite period of time. Line stated one of the vehicles PAGE 6 E MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 (Public Comments, Continued) in question has not been moved for over two years. Line stated there are also a number of garbage cans that are routinely left in the road, and when questioned whether these should be removed, he was informed by City Staff that as long as they are covered, they do not need to be stored inside an enclosed structure. Line stated in his opinion the garbage cans should be stored inside and off the road. Line commented he realizes these issues will not be resolved overnight, but in his opinion all property owners within the City should follow the ordinances. Line requested the City make the people better aware of the violations and the ordinances that need to be followed by informing them of the violations and enforcing the City's ordinances. Ms. Line stated there are approximately 24 properties in this area which are not conforming to the City's ordinances. Sansevere commented the parking of a semi van in front of one of the residences does appear to be a blatant violation. Moorse stated the house has experienced substantial storm damage and the property owners are in the process of determining whether the house will be fixed or torn down. Moorse stated it is his understanding the property owners have determined the house will be torn down and are now in • the process of removing their personal belongings from the house. Sansevere stated he would be willing to look at the ordinances regarding boat storage. Line stated in his opinion the ordinances governing boat storage are appropriate and should be followed. is White requested City Staff look into these complaints. Flint stated he appreciates the Lines coming before the Council on these issues. Flint stated he realizes there are other areas within the City that are also affected by residences failing to follow the ordinances. McMillan suggested the City include in their newsletter an article concerning the proper storage of boats. Liz Hawn, 625 Spring Hill Road, stated in her opinion large boats are the equivalent of structural coverage and should be treated as such if they are routinely storing their boats in their yard. Mayor Peterson commented she also has a concern with docks being left on the shores during the wintertime as well. Moorse indicated City Staff will be looking into these complaints. PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 • ZONING ADMINISTRATOR'S REPORT *( #4) #2450 GLENN AND SANDRA GRONBERG, 325 WILLOW DRIVE NORTH — EXTENSION OF PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 4610 Sansevere moved, White seconded, to approve and adopt RESOLUTION NO. 4610, a Resolution Granting an Extension of Preliminary Plat Approval for a Plat Proposed at 325 Willow Drive North. VOTE: Ayes 5, Nays 0. ( #5) #2550 CHARLES VAN EECKHOUT, 120 BROWN ROAD SOUTH — PRELIMINARY PLAT — DENIAL RESOLUTION NO. 4611 Charles Van Eeckhout, Applicant, was present. Weinberger stated the primary unresolved issue with this application is access to the property. Weinberger indicated the review period expires at the end of the month and will need to be extended if the Applicant intends to pursue this application. Weinberger stated he has a letter available tonight for the Applicant's signature extending the time period. Weinberger stated a resolution denying preliminary plat is before the City Council tonight. Van Eeckhout stated he has not made any new progress on securing access to this development. The Planning Commission indicated at their last meeting they did not wish to discuss this . application any further. Van Eeckhout stated he has spoken with the Long Lake Planning Commission who indicated in their view there is not a positive response by the residents on that street to have access off of Apple Glen Road due to the added traffic that would result. Van Eeckhout commented Apple Glen is a public road and in his view he has a legal right to have access off of Apple Glen if he so desires since other people in the past have been granted access off of this road. Van Eeckhout stated in his opinion a denial resolution is not the best way to handle this matter and other options should be explored. Van Eeckhout stated in his view the time limit is a non - issue since there was one occasion in the past where the time limit expired. Van Eeckhout stated the application before the Council tonight proposes to construct seven lots with access off Apple Glen Road. Van Eeckhout stated the only reason for denial contained in the resolution is the lack of access, and in his opinion he is legally entitled to this access if he wishes to pursue it. Van Eeckhout stated the City in essence is telling him that he is not entitled to access off Apple Glen, which is inconsistent in his view. Van Eeckhout noted he would prefer access to be off of Brown Road, but was told on December I Vh by the City that they would accept access off of Apple Glen, which was later rescinded at their January meeting. Van Eeckhout stated that decision by the City hurt his negotiations with John Dunn on securing access into this development. Sansevere stated he does not agree with Van Eeckhout's statement. Mayor Peterson indicated she also does not agree with that version. PAGE 8 0 • MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 ( #2550 Charles Van Eeckhout, Continued) Van Eeckhout stated that the Council minutes basically stated that Long Lake should be informed that the City of Orono is in the process of approving this application and would like to obtain the comments of the City of Long Lake regarding access. Moorse indicated it is his understanding that the Council was saying that this proposal may be acceptable if the access issue is resolved. Moorse stated they requested the City of Long Lake review this application to see if access off of Apple Glen would be acceptable. Moorse noted the City Council informed the Applicant that they would not be giving preliminary approval to this application until the access issue was resolved. Van Eeckhout stated it is his understanding that what was said was that the City of Orono would approve this application if the City of Long Lake agreed to the access off of Apple Glen. Sansevere indicated he has stated from the beginning that he would prefer access off of Brown Road and would not support this application until that access is obtained. Mayor Peterson commented she has echoed the same feeling as Sansevere. Van Eeckhout stated he has a right to have his application reviewed and approved if it is consistent with City ordinances. iSansevere indicated the Applicant needs to demonstrate access to all seven lots. Van Eeckhout stated he has full access off of Apple Glen. Van Eeckhout stated Dunn did agree to binding arbitration to determine access. Sansevere noted at one meeting John Dunn's son indicated his father did not agree to arbitration. Van Eeckhout stated Dunn did in fact agree to that, but then later changed his mind when the City flipflopped on this issue. Van Eeckhout stated in his opinion the few rights that Dunn has remaining on that strip of land amount to a few hundred dollars, but he is now demanding many thousands of dollars. Van Eeckhout stated in his opinion the City should allow him more use of the existing driveway without obtaining any further approval from Dunn. Van Eeckhout stated there are multiple sites throughout the City with three or more houses accessing off of one driveway. Tom Barrett, City Attorney, stated there is a distinction between what the City allows for access off of a driveway and what the meaning of the private easement is. Barrett stated it is important to understand what the easement is because the City is unable to grant any more authority to the Applicant under that easement than what he already has. Van Eeckhout stated there are many cases in Orono where driveway easements are being used to gain access by multiple lots. • Sansevere stated in his opinion what the Applicant is proposing at this time lacks proper access into this development. Sansevere indicated he will continue to oppose this application until PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 E ( #2550 Charles Van Eeckhout, Continued) access is resolved. Sansevere suggested the Applicant continue to attempt to resolve this issue with John Dunn. Van Eeckhout stated the resolution before the City Council tonight has nothing to do with access off of Brown Road. Sansevere inquired whether the Applicant has gained access off of Apple Glen Road from Long Lake. Van Eeckhout stated he is legally entitled to access off of Apple Glen without approval from Long Lake. Sansevere stated until Long Lake gives approval to access off of Apple Glen, he will not support this application. Tom Barrett, City Attorney, indicated the subdivision authority of the City is a broad semi - legislative authority, and where a subdivision accesses a public road is within the Council's authority. Barrett stated the Council is entitled to make a decision that access off of Brown Road is better versus Apple Glen. Mayor Peterson stated that was her decision. • Sansevere commented that was also his decision. Flint indicated he preferred Apple Glen. Mayor Peterson stated it is her understanding that Apple Glen is no longer an option since Long Lake denied access. Van Eeckhout stated Long Lake has not formally denied access. Van Eeckhout stated he was informed by Long Lake City Staff that the Council would probably not approve this access. Mayor Peterson, inquired whether the City has gotten anything in writing from Long Lake officially denying this access. Weinberger stated the City has not received anything in writing from the City of Long Lake denying access off of Apple Glen. Moorse noted the Applicant at one point was talking about having a four lot subdivision with two lots being accessed off of Apple Glen and two lots off of Brown Road, which seemed like a good plan to the Council. Moorse indicated it was his understanding the City would be willing to support the Applicant on the four lot subdivision if he went to Long Lake with that proposal. Moorse stated he is unsure what the status of that proposal is. Van Eeckhout stated Orono's Planning Commission would not discuss it because he did not have access. • PAGE 10 • MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 ( #2550 Charles Van Eeckhout, Continued) Moorse commented it was his understanding the Applicant appeared at that Planning Commission meeting with a new plan. The Planning Commission indicated at that time that they were dealing with the application before them and would not be agreeable to reviewing a new plan being presented that evening. Van Eeckhout stated he requested the Planning Commission to give some input into a plan that involved five lots as well as one that involved four lots, and requested the City grant him access off of Brown Road. Sansevere inquired what stage the arbitration is at with John Dunn. Van Eeckhout stated the offer to go through with arbitration is still a valid one. Van Eeckhout stated Dunn did agree to go through arbitration in December after the Council had agreed to preliminarily approve his application. In January, following the Council's decision not to support the application, Dunn changed his mind and refused to discuss arbitration. Van Eeckhout stated Dunn is now demanding a large sum of money for this small strip of land. Sansevere indicated, without access, the Applicant does not have a subdivision. Mayor Peterson commented she is confused about the number of lots in the subdivision that they • are discussing. Van Eeckhout stated what is before the Council at this time is a seven lot subdivision. Van Eeckhout stated if the Council will grant access for three lots off of Brown Road, he will bring back a proposal designed that way. Sansevere inquired whether the Applicant can get three lots in there the way it is structured. Tom Barrett, City Attorney, stated this is clearly not going to be a public road with the easement, which is one of the things that the City has tried to establish for any of these subdivisions. Barrett stated it is going to be defined as a driveway. Sansevere inquired whether the Applicant would like this application extended. Van Eeckhout stated he would like it resolved. Sansevere moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4611, a Resolution Denying Preliminary Plat for Property Located at 120 Brown Road South. Van Eeckhout requested the Council discuss the grounds for denial. Van Eeckhout stated he does not find any grounds for denial here. Sansevere stated in his view access should be off Brown Road. Mayor Peterson stated in her opinion access should be off of Brown Road also. is Van Eeckhout questioned whether that was legal grounds for denial. PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 ( #2550 Charles Van Eeckhout, Continued) Sansevere stated he understood from what the City Attorney has said, it is legal grounds for denial. Tom Barrett, City Attorney, stated he has reviewed the proposed resolution, and in his judgment the Applicant has not been able to satisfy a reasonable requirement of the City ordinances that he have legal access to his property in order to support the subdivision. Mayor Peterson commented the City can either vote on the denial resolution tonight or Mr. Van Eeckhout can agree to an extension. Sansevere encouraged the Applicant to take the extension. Van Eeckhout questioned whether the extension would be valid anymore. Flint stated the Applicant cannot come to the City Council and present vague ideas regarding a subdivision. Flint stated the Applicant needs to have his proposal laid out so the Council knows exactly what is being proposed. Flint commented he is unable to abstractly discuss this matter. Van Eeckhout indicated he understands that. • Mayor Peterson commented the Council would prefer that the Applicant agree to an extension. Van Eeckhout inquired whether the City Attorney feels the extensions granted to date have been • valid. Tom Barrett, City Attorney, stated in his opinion there is a good faith basis to say that they are. Sansevere commented the extension would give the Applicant more time to reopen his negotiations with Dunn, but the choice is up to the Applicant. Van Eeckhout stated he also has asked the City to support a condemnation in order to gain access. Sansevere stated he would not be in support of that proposal. Van Eeckhout commented he would like to get the Council's view on condemnation. Sansevere stated there has not been any formal action by the Council on that matter. Mayor Peterson encouraged the Applicant give some consideration to extending the time limit. Van Eeckhout stated the Orono City Council has the authority to perfect this easement. Van Eeckhout commented in his view an extension will not do much good, and if the denial resolution is approved, he will proceed from there. Flint stated if the Applicant chooses not to go with the extension, the Council has no option but to vote his application down. Flint commented it is his understanding that the City Council is not in • support of the application as it is being presented this evening. PAGE 12 • MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 ( #2550 Charles Van Eeckhout; Continued) Sansevere inquired whether the Applicant prefers the Council vote on the resolution. Van Eeckhout stated in his view the time extension is not the big issue tonight. Van Eeckhout stated until he signed the extension on December I", the City did not have extension for a period of time. Flint stated at the time the Applicant signed the last extension he agreed to do so without any prejudice to any rights which have accrued to the Applicant in the past. Mayor Peterson inquired whether the Applicant will agree to an extension. Van Eeckhout stated he is convinced an extension will not do anything for him. VOTE: Ayes 5, Nays 0. ( #6) #2631 CITY OF ORONO — ZONING CODE AMENDMENT — RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT — ORDINANCE NO. 202,2 ND SERIES Gaffron stated the City Council discussed this matter in a work session last week, with the • Council requesting some minor changes to the Ordinance. Gaffron stated the requested modifications have been incorporated into the ordinance and are defined in his February 23, 2001 memorandum. Gaffron recommended the Council adopt the ordinance for creation of a residential planned unit development district. Flint questioned the section regarding clustered use in a rural area and whether that is good policy on the part of the City. Flint inquired if someone had ten acres in a five acre zoning whether they would be permitted to have two units in close proximity to one another. Moorse stated it is his understanding of the ordinance that clustering of single family homes is permitted in the rural areas but clustering in addition to that is only permitted in the urban areas. Gaffron stated if a person has ten acres and wants to construct two dwellings in close proximity, that would be acceptable. Gaffron stated they would be permitted to construct two houses on the ten acres but not three. Gaffron stated it is reasonable to expect that someone might cluster eight homes on two acre sites with 32 acres remaining open in order to make the septic work. Flint stated that cluster is not attached. Gaffron stated with attached dwellings you start to deal with issues relating to sewer and maintaining open space. Flint stated the Council can probably review this issue in the future. Gaffron commented the City has generally thought of rural areas as having single family units • and not attached housing units. PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 E ( #2631 City of Orono — RPUD Zoning Code Amendment, Continued) Tom Barrett, City Attorney, questioned Item 5, Subdivision 5(G) and Subdivision 5(H), height of buildings. Gaffron stated with the elimination of the two and a half story requirement, the City's 30 foot rule will still allow the same measurement methods. Gaffron stated the issue of stories will not be a matter for consideration and the City will simply deal with a height of 30 feet. Tom Barrett, City Attorney, suggested that what the City may have created is a rule which allows greater massing of the building because there is no longer a gable limiting the structure to two and a half stories. Gaffron stated that would be the case, and gave an example where someone could have two stories with each story being 15 feet in height. Peterson moved, Sansevere seconded, to approve and adopt ORDINANCE NO. 202, Second Series, an Ordinance Amending Chapter 10 of the Orono Municipal Code by Adding Section 10.33, RPUD Residential Planned Unit Development District. VOTE: Ayes 5, Nays 0. ( #7) #2639 CITY OF ORONO — ZONING CODE AMENDMENT — SECTION 10.52, SECTION 10.52: ADD RPUD TO LIST OF ALLOWABLE ZONING DISTRICTS IN HIGHWAY 12 CORRIDOR STUDY AREA — ORDINANCE NO. 203,2 ND SERIES • Gaffron stated this matter has been modified slightly to include some additional revisions to Section 10.52 which clarify the ordinance. Gaffron reviewed his February 26. 2001 memorandum regarding the proposed revisions. The following language has been added referencing the RPUD exceptions to the five acre minimum acre for rezoning. Subd. 1. Minimum Area. "To insure consistency with the goals and objectives of the Highway 12 Corridor Study, applications for rezoning within the study area must include a minimum of five acres, except that exceptions to this requirement may be granted for certain properties being rezoned to RPUD per the conditions established in the RPUD District standards. The plans submitted along with these applications must also include enough information regarding the effect of the proposed development on surrounding parcels to insure that the property can be developed in a manner that is both compatible with adjacent properties and consistent with the Highway 12 Corridor Study." In addition, language has been added that specifically requires the granting of rights -of -way for trails as part of the "access and circulation plan" when rezoning in the Highway 12 corridor and the addition of a finding of consistency has been included in the ordinance as it relates to available zoning districts. Gaffron gave a brief Highway 12 Corridor Study area background, noting this area was originally defined in the 1988 Comprehensive Plan but not redefined as part of the 2000 -2020 Comprehensive Plan update. Gaffron indicated the updated Comprehensive Plan does not change the boundaries but merely clarifies and more strictly defines what is planned to happen for certain • properties within that corridor. PAGE 14 MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 ( #2639 City of Orono — Zoning Code Amendment, Continued) Gaffron recommended adoption of the ordinance. White moved, Sansevere seconded, to approve and adopt ORDINANCE NO. 203, Second Series, an Ordinance Amending Chapter 10 of the Orono Municipal Code by Amending Section 10.52, Subdivision 5 Available Zoning Districts for Highway 12 Corridor Study Area. VOTE: Ayes 5, Nays 0. ( #8) #2640/2641 ORONO AMBAR, LLC, 2060 WAYZATA BOULEVARD — GENERAL CONCEPT PLAN REVIEW Sansevere moved, Flint seconded, to continue the application to a future Council meeting following resolution of the frontage road, parking and grading issues, subject to the City of Orono receiving an extension to the application deadline from Mr. Dunbar. VOTE: Ayes 5, Nays 0. ( #9) #2650 KIRSTEN AND PATRICK BURTON, 2601 RAINEY ROAD — VARIANCES — RESOLUTION NO. 4612 Herb Baldwin, Landscape Architect, Bill Hintres, Architect, Dick Peterson, Attorney -at -Law, and • Kirsten Burton, Applicant, were present. Weinberger stated Staff was directed at the last City Council meeting to draft a resolution permitting a conditional use permit to allow a guest house and approving a variance to allow a three story guest house. Staff has drafted that resolution approving the conditional use permit for the guest house and approving the variance to allow a three story structure to be placed on the property. Weinberger indicated the resolution denies the variance to allow a handrailing around the roof of the guest house. The resolution further approves a variance to the six foot chimney height. Weinberger noted he has revised the resolution by adding Item No. 3 on page four of six, which requires that no tree within 30 feet of the guest house is permitted to be removed without consent of the City of Orono. Orono is hereby approving variances to permit the added height based on the hardship that existing mature trees would be removed if the guest house were built per Code requirements. Should a tree be requested to be removed, an equal replacement shall be planted. City Staff recommends approval of the resolution. Baldwin presented a map of the site to the City Council showing the proposed structures and landscaping in the area. Baldwin stated they have attempted to save as many mature trees as possible by locating the house in this area. Sansevere commented it was his understanding the fully mature trees would not be replaced with fully mature trees but with trees that are two or three inches in size. Sansevere indicated he does • have a problem with that item. PAGE 15 MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 ( #2650 Kirsten and Patrick Burton, Continued) White stated a two or three inch tree can be 20 feet tall. Sansevere stated some of the mature trees in this area are probably 50 or 60 feet tall. White stated it is not possible to get a tree replacement that size. Sansevere commented he understands that but would like appropriate language contained in the resolution requiring equal replacement. Weinberger stated it is unlikely the City will ever get equal replacement of a mature tree. Weinberger stated in cases where mature trees have been removed around the lakeshore, the City has required at times that two or three trees be planted. Weinberger noted eventually the canopy cover is restored, but it sometimes takes decades to regain what was lost. Sansevere stated he would like to see the trees protected since the hardship being demonstrated is the mature trees on the lot. Sansevere inquired whether a garage is to be constructed in connection with this guest house. Baldwin stated there is a detached car port for the guest house. Baldwin stated they are planning to plant additional trees in the area as well as preserving as many of the existing ones as possible. Flint inquired how the contractor will be required to stay within the building pad. • Baldwin stated the building pad area will be staked as well as fences being erected denoting the buildable area. Baldwin stated the contractor will be informed of the exact location of the house. Tom Barrett, City Attorney, indicated there is a statute that exists which creates trebled damages for unauthorized cutting of trees on a person's private property by taking the value of the trees, which can be significant if they are mature trees. Barrett recommended the contractor be notified of this issue. Mayor Peterson inquired whether the parties have any questions regarding the resolution. Peterson indicated in his opinion the third whereas should be amended to read Section 10.28 rather than Section 10.24. Weinberger indicated he will check that. Baldwin expressed a concern that they not be held responsible for removal of scrub trees in the area. Baldwin stated they would like to replace some of the box elder trees and other scrub trees with a nice hardwood tree. Weinberger stated Staff could look at and would be agreeable to allowing upgrading of some trees. • PAGE 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 ( #2650 Kirsten and Patrick Burton, Continued) Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4612, a Resolution Granting a Conditional Use Permit for guest house; a Conditional Use Permit to allow a two foot chimney height; Variances to permit a 30 foot, three story guest house; and to deny a variance to permit a 21 /Z foot railing; and deny a conditional use permit for a six foot chimney height. Sansevere stated he wants to be clear that no precedent is being set with approval of this resolution. Nygard stated he voted in opposition to this proposal at a previous City Council meeting because in his view a justification is being shown for three stories rather than an actual hardship. Nygard stated the amount of square feet being proposed can be accomplished with two stories rather than three. Nygard stated in his opinion the approving of this three story house may lead to other applicants requesting three story houses, which the City may not be able to deny. Nygard commented he is glad there have been some conditions included in the resolution which restrict the future expansion of this house. Nygard stated in his view this property could be subdivided in the future and this guest house could turn into a primary residence. Nygard noted at the previous City Council meeting Mike Gaffron indicated this application was precedent setting with the architect making a compelling argument that 30 feet is more restrictive • than 2 '/z stories. The City Attorney also expressed a concern that approving this application would open the door to someone else requesting a much larger structure that is three stories high. Nygard stated in looking at all the information in front of him, he asked himself what the risk and reward for the City would be by making this decision. Nygard stated the reward would be making a new member of the Orono community very happy. Nygard commented the risk that he sees is very great and provides many open -ended opportunities which the City may not have control over in the existing ordinances. Sansevere stated the City Attorney raised the issue of the trees being a hardship. Sansevere stated he feels there needs to be a hardship demonstrated before he would vote in favor of it. Sansevere stated he concurs with the hardship. Nygard stated in his view preserving large trees does not create a hardship for constructing a three story house. Nygard stated the trees could play a hardship on the position of the house or the shape of the house, but not to create an extra story. VOTE ON ABOVE MOTION: Ayes 4, Nays 1, Nygard Opposed. ( #10) #2651 ROBIN AND JEREMY BUPP, 2696 CAROLINE AVENUE — VARIANCES — RESOLUTION NO. 4613 Weinberger stated the City Council directed Staff to draft a resolution denying variances . requesting hardcover over 25 percent for a lakeside patio and expansion to the driveway within the 75 -250' lakeshore setback. Weinberger indicated the Council did approve a variance to PAGE 17 MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 ( #2651 Robin and Jeremy Bupp, Continued) permit a 3 by 8' landing and steps outside the patio door to access the front yard from the main living level of the house. Staff has drafted a resolution reflecting denial of the hardcover variances and approval of the variance for the landing and stairway totaling 36 square feet.. White moved, Flint seconded, to approve and adopt RESOLUTION NO. 4613, a Resolution Denying hardcover variances to permit construction of a lakeside patio and expansion of the driveway, and to approve a variance to permit a 3' by 8' landing and stairway for the property located at 2696 Caroline Avenue. VOTE: Ayes 3, Nays 2, Nygard and Sansevere Opposed. Jane Clemons, 2690 Caroline Avenue, noted these property owners have cut down a number of mature trees over 100 years old. Weinberger stated a couple of the trees were located where the house was to be constructed. White noted the issue before the City Council was not the removal of the trees. Mayor Peterson indicated she was unaware of the removal of the trees. Weinberger stated there is a question over which property one of the trees was actually on. Tom Barrett, City Attorney, stated the difference between this application and the previous application is that the previous applicants suggested that by saving certain sized trees they would need a variance to construct a certain size house. Barrett indicated the City does not have an ordinance requiring trees be preserved except those within 75 feet of the lakeshore. *( #11) #01 -2660 KEITH WATERS AND ASSOCIATES FOR JEFFREY AND LEONTYNE MAXWELL, 740 WILLOW DRIVE SOUTH — VARIANCES — RESOLUTION NO. 4614 Sansevere moved, White seconded, to approve and adopt RESOLUTION NO. 4614, a Resolution granting a variance to lot area and lot width for the property located at 740 Willow Drive South. VOTE: Ayes 5, Nays 0. *( #12) #01 -2662 RVC HOMES, 1080 WILDHURST TRAIL — VARIANCE — RESOLUTION NO. 4615 Sansevere moved, White seconded, to approve and adopt RESOLUTION NO. 4615, a Resolution granting a variance in lot width to construct a new residence at 1080 Wildhurst Trail. VOTE: Ayes 5, Nays 0. PAGE 18 • • • MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 MAYOR/COUNCIL REPORT Moorse indicated the negotiating team met with Mn/DOT this past Friday in relation to the amount of reimbursement for replacement of the Long Lake Fire Station, and have arrived at a replacement equivalent to 16,500 square feet. In addition to the 16,500, a four percent contingency amount has been included. Peterson stated she is meeting with the Long Lake mayor and a consultant recommended by the State Fire Center to discuss whether the City of Orono will agree to construct anything larger than the 16,500 square feet being reimbursed by Mn/DOT. Peterson stated what the consultant recommends will be the recommendation given by both mayors. Moorse informed the City Council that a meeting between the Long Lake Fire Station Planning Committee and the three City Councils has been scheduled for Monday, March 5`h, at 4:00 p.m. Moorse encouraged as many Council Members to attend this meeting as possible. Moorse stated before the meeting the architect designing the new fire station will be presenting two concept plans for consideration, one for 16,500 square feet and one for 19,000 square feet. White complemented City Staff on their efficiency in getting the roads plowed this past snow storm. PUBLIC SERVICE DIRECTOR'S REPORT *( #13) BID AWARD — 2001 MATERIALS AND EQUIPMENT Sansevere moved, White seconded, to accept the bids as presented for the calendar year 2001 and as outlined in the Public Service Director's memorandum of February 26, 2001. VOTE: Ayes 5, Nays 0. *( #14) APPROVAL OF 2001 PARK MOWING CONTRACT Sansevere moved, White seconded, to accept a quotation from Shaughnessy Lawn Service, Orono, Minnesota, for the 2001 season, to provide park mon-ing services in the amount of $14,300. VOTE: Ayes 5, Nays 0. *( #15) REVISED ASSESSMENT ROLL FOR ST. EDWARDS CHURCH SEWER AND WATER SERVICE — RESOLUTION NO. 4616 Sansevere moved, White seconded, to approve and adopt RESOLUTION NO. 4616, a Resolution Adopting the Supplemental St. Edwards Church Sanitary Sewer and Water Service Assessment Roll. VOTE: Ayes 5, Nays 0. PAGE 19 MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 • CITY ADMINISTRATOR'S REPORT *( #16) APPOINTMENT OF ADMINISTRATIVE SUPPORT ASSISTANT Sansevere moved, White seconded, to appoint Denise Leskinen to the position of Administrative Support Assistant at the pay rate of $13.70 per hour, which is Step 1 of Level 4 of the Administrative Support/Technical/Public Works Employee Pay Schedule, effective February 20, 2001. VOTE: Ayes 5, Nays 0. ( #17) PLANNING COMMISSION APPOINTMENTS Sansevere moved, White seconded, to approve the appointment of Jeanne Mabusth to fill the unexpired term on the Planning Commission that expires on March 31, 2002, and to appoint Gary Welsh, Marc Fritzler, and David Rahn as alternate members of the Planning Commission. Mayor Peterson inquired who would be calling the alternates. Gaffron stated Staff would like to maintain a minimum of five members on the Planning Commission for each meeting. Staff will call an alternate if a member is going to miss a meeting. Nygard stated in his opinion he would prefer to see a minimum of seven commissioners at each . meeting. • Hawn indicated they would like to have some consistency on the Planning Commission since some applications appear before the Planning Commission a number of times. Mayor Peterson suggested this item be reviewed in a year to see whether the number of alternatives are appropriate and whether any changes should be made. VOTE ON ABOVE MOTION: Ayes 5, Nays 0. ( #18) SCHEDULING OF WORK SESSION The City Council directed City Staff to schedule a work session for March 22nd at 3:30 p.m., to discuss issues relating to the new Highway 12 corridor, the City's telecommunications antenna ordinance, and the annual property revaluation process. CITY ATTORNEY'S REPORT None PAGE 20 • 0 MINUTES OF THE ORONO CITY COUNCIL MEETING February 26, 2001 *( #19) LICENSES Sansevere moved, White seconded, to approve the following licenses: Home Occupation Paulette Pickard Stuurmans (Massage Therapy) 550 Orono Orchard Road Residential Kennel License Robin A. Kilbane 495 Oxford Road 2. Jayne Paasch 2150 Kenwood Way 3. John T. Redmond 2695 Casco Point Road 4. Chris and Erin Tully 1355 North Arm Drive • VOTE ON THE ABOVE MOTION: Ayes 5, Nays 0. *( #20) BILLS Sansevere moved, White seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ( #21) SUBMITTAL OF APPLICATION FOR USE OF 2001 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM — RESOLUTION NO. 4617 Peterson moved, Nygard seconded, to approve and adopt RESOLUTION NO. 4617, a Resolution Approving Submittal of an Application for use of 2001 Urban Hennepin County Community Development Block Grant Program Consolidated Pool Funding and Authorizing Signature of Subrecipient Agreement with Hennepin County and any Third Party Agreements. VOTE: Ayes 5, Nays 0. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 10:15 p.m. ATTEST: ` -9- r c� CleP Z Barbara Peterson, Mayor PAGE 21