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HomeMy WebLinkAbout09-10-2001 Council Minutes• ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10, 2001 ROLL The 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, City Attorney Tom Barrett, Planning Director Michael Gaffron, Zoning Administrator Paul Weinberger, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintemheimer. Council Member Sansevere arrived at 7:05 p.m. Mayor Peterson called the meeting to order at 7:00 p.m. Mayor Peterson opened Public Hearings for Items 5, 4100 Watertown Road; 6, 1855 Concordia Street; 7,3477 Livingston Avenue; and 8,1030 Old Crystal Bay Road at 7:02 p.m. There was no one present other than the applicants who wanted to address the Council. Mayor Peterson closed the Public Hearings at 7:05 p.m. • CONSENT AGENDA 1. Approve /Amend Item 2 was removed from the Consent Agenda. Items 5 and 6 were added to the Consent Agenda. Flint moved, and Sansevere seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES 2. Regular Council Meeting of August 27, 2001 Flint stated that there was a typo on page 9 where it states that White moved and White seconded to approve payment of the All Funds Account. He stated it should read that White moved and Flint seconded. White moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of August 27, 2001 as amended. • Vote: Ayes 5, Nays 0. G ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10, 2001 OATH OF OFFICE 3. Ronald Hendricks, Part -Time Police Officer Mayor Peterson introduced Officer Hendricks. Moorse stated that Officer Hendricks has worked for Orono as a Community Service Officer and done an outstanding job. Moorse then delivered the Oath of Office to Officer Ronald Hendricks. Mayor Peterson asked him to introduce his family members and thanked them for coming. PARK COMMISSION COMMENTS — SHEROKEE ILSE, REPRESENTATIVE Ilse stated that they had given a letter to Council for review that would be sent to French Creek neighbors to inform them that waterfowl nesting is down and they believe it is because of dogs running in the area. They also wanted to put a notice in the next newsletter reminding people that dogs are not allowed in the area. • The Commission requested Council consider setting up the ordinance to enable the City to receive 10% of the net profits from pull -tab sales to be effective when a new lease is signed for the charitable gambling. Flint stated he felt it was good to review the issue now, but . make it effective later. Ilse stated that they had reviewed the 14 lake access points and the rationale behind each designation. They spent a great deal of time on Forest Lake Landing. They decided with a 4/3 vote to allow access to the lake and not designate it as a natural area. McDermott stated he favored making the access a natural area and restoring natural vegetation along the shoreline, such as cattails and lily pads. Ilse favored keeping it open as a water access, but possibly restoring vegetation along all but about 15' of the shoreline so that a small access remained open as a compromise. PLANNING COMMISSION COMMENTS —DAN KLUTH, REPRESENTATIVE Kluth stated that the Commission had adopted a Consent Agenda, modeled after the Council's. Nygard stated he did not favor a Consent Agenda at the Planning Commission. Weinberger stated that the agenda is made and sent out in advance, and the Consent Agenda would only be used for non - controversial items. Mayor Peterson stated she favored it. Barrett stated that each item must be open for public discussion. Kluth stated that the public is always polled for each item. Sansevere stated he did not want the Commission working overly long meetings whenever avoidable. Kluth stated they spent a large amount of time drafting the boat storage proposal that was • before Council, trying to make it as palatable to as many people as possible. 2 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10, 2001 PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT 4. #01 -2692 ABC Supply Company, Inc., 2765 West Wayzata Boulevard — Conditional Use Permit Weinberger stated that Myron Dahl, the ABC representative, was not present. Item 4 was moved to the end of the Zoning Administrator's Report, after Item 9. *5. #01 -2698 Kim & John Puckett, 4100 Watertown Road — Variance /Conditional Use Permit — Resolution No. 4686 Flint moved, and Sansevere seconded, to adopt Resolution No. 4686 granting variances to Municipal Zoning Code Section 10.03, Subdivision 18(B) and Section 10.20, Subdivision 3(0) to permit the barn to be located 100' from the lot line where • 150' is required and a conditional use permit to permit the use of applicant's property for the boarding of horses and instruction in the riding of horses by a non - owner per Municipal Zoning Code Section 10.20, Subdivision 3(0) and (P). Vote: Ayes 5, Nays 0. *6. #01 -2700 Vincent & Virginia Anderson, 1855 Concordia Street— Variances- Resolution No. 4687 Flint moved, and Sansevere seconded, to adopt Resolution No. 4687 granting variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to allow 49 s.f. (.53 %) hardcover in the 0 - 75' setback area where 49 s.f. (.53 %) exists and 0 s.f. (0 %) is allowed to permit replacement of walkway and steps; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to allow 6,060 s.f. (34.35 %) hardcover in the 75 -250' setback area where 6,060 s.f. (34.35 %) exists and 4,410 s.f. (25 %) is allowed to permit replacement of walkways, decks and to enlarge the deck on the north side of the residence. Vote: Ayes 5, Nays 0. 7. #01 -2701 Mark & Cecilia Schulte, 3477 Livingston Avenue— Variance- Resolution No. 4688 The applicants were present. ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10, 2001 • 7. #01 -2701 Mark & Cecilia Schulte, 3477 Livingston Avenue— Variance- Resolution No. 4688 —Continued Weinberger stated that the applicants requested a variance to permit construction of a 16' x 26' detached garage to be located 5' from a side property line where a 10' setback is required. They would remove an existing carport. They chose the location because it was the best situated for the garage. The Planning Commission and staff recommended approval. Nygard asked if the garage could have been located anywhere else to reduce hardcover through a shorter driveway. Weinberger stated that they require a 10' separation between buildings and the proposed location meets that standard. White moved, and Nygard seconded, to adopt Resolution No. 4688 granting variances to Municipal Zoning Code Section 10.03, Subdivision 15(F) to permit a 5' side setback for an accessory building where a 10' setback is required. Vote: Ayes 5, Nays 0. 8. #01 -2703 Orono Baseball Association, 1030 Old Crystal Bay Road — Conditional Use Permit — Resolution No. 4689 • Clarkson Lindley of 1588 Homestead Trail, Medina, a member of the Board of Directors of the Orono Baseball Association was present. Weinberger stated that the Orono Baseball Association had submitted an application for a conditional use permit requesting approval for construction of a third baseball field at the Lee Carlson Fields Complex. The new field would be larger than the existing two and intended for high school use. The piece of the property where the new field would be constructed is owned by the Orono School District and requires a CUP. The access road would lead to a 48 stall parking area and would include a turnaround with a 65' radius that meets all fire and safety requirements. Pedestrian access would include a sidewalk adjacent to the new parking area and provide access to a future trail extension along County Road 6, providing a link to the east. The trail connection would not be constructed by the Orono Baseball Association due to lack of funds. The easement for the trail would be obtained at this time for a future connection. There are no lights proposed for the field. It would only be used as a daytime playing area. The seating area would allow for 288 people at the new field, which is based on the 48 parking spaces. 0 4 • ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10, 2001 8. #01 -2703 Orono Baseball Association, 1030 Old Crystal Bay Road - Conditional Use Permit Resolution No. 4689— Continued Mr. Lindley stated that the youth soccer league would also use the field. They will be able to play in the outfields. So the fields will be used in both the spring and fall seasons by over 1000 resident children. The turf of the new field is being engineered for athletic use. He stated there is a natural ravine between the baseball fields and the middle school, which he wants to clean up and enhance as a wildlife habitat. White asked about the expense. Lindley stated it was costing $225,000 - $250,000, including the driveway access. The Baseball Association is using revenue from pull -tabs at Billy's Lighthouse. The season -long play turf is more expensive to engineer. Flint asked about the Willow View trail. Weinberger stated it ends south of the ravine outside of the baseball area. Lindley stated they plan to construct their proposed trail connection up to the last 2 ", then let someone else blacktop it. Lindley stated that Hennepin County may have some funds available for a bike trail. Flint suggested they work with the County and City to see the • trail completed so that they are not hiring two sets of engineers, construction teams, etc. He added that the City could use park dedication fees toward the completion of the trail, and indicated the City and the OBA should work together to figure out how to come up with the cash to complete the trail. Lindley also stated that the storage facility would be used by Orono soccer and football teams as well as baseball. Sansevere moved, and White seconded, to adopt Resolution No. 4689 approving a Conditional Use Permit for the construction of a new baseball field and granting variances to Municipal Zoning Code Section 10.50, Subdivision 3 to permit partial use of Lot 3, Block 1 for outside storage use, subject to the conditions listed in the staff report of September 5, 2001 and the condition that the OBA is responsible for grading and base preparation for the trail along County Road 6 to provide a connection between the Willow View Development trail and the trail on Old Crystal Bay Road, and that the City and OBA will work with Hennepin County and other sources of trail funding to obtain funding for at least the paving portion of the trail construction. Vote: Ayes 5, Nays 0. 5 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10, 2001 9. Storage of Boats on Residential Property— Ordinance 206, 2 "d Series Gaffron stated that before Council was a draft Ordinance amendment regarding storage of boats on residential property. The Planning Commission reviewed the Ordinance based on comments received at a Public Hearing. Staff reviewed the issue and presented a recommendation that differed slightly from the Planning Commission's. The Planning Commission recommended that the ordinance incorporate the following concepts: • All boats stored outside must be licensed to the property owner /occupant and must be operable, or under active restoration for up to 2 years. • Site must have a principal residence in order to store boats. • Maximum dimensions of boats allowed to be stored outside are 44' long and 13.5' high. • No screening is required for boats allowed to be stored outside. • Such boats may be stored to the side or rear of the residence and at least 10' from lot lines. ■ Boats up to 20' long may be stored in the driveway in street yard of non - lakeshore lots as long as they meet 10' setback from lot lines, during June - July- August. ■ Boats may be stored in lakeshore yard as long as they don't block neighbors' views of the lake. ■ Some sort of a Dispute Resolution Committee is suggested, and there should be some guidelines for who is eligible to make complaints about stored boats. Comments received at the Public Hearing suggested that many people currently store boats on their property that are non - conforming and people felt the ordinance was too restrictive. They also felt off -site storage costs would be in effect an extra tax. A majority of people were against requiring screening. There was a strong sentiment that neighbors should work out any issues without the City's involvement. Staff recommended the following: • A maximum length of 30' without screening, which is a 50% increase over the current standard. • A grandfather clause allowing boats over 30' that have been stored on a site in the past 24 months to remain, but new boats or new property owners would be expected to conform. • No screening required for outside storage, but white shrink -wrap is preferred but not required. ■ Boats must be stored at least 5' from lot lines and must be at least 15' from any neighboring residence structure. • R ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10, 2001 9. Storage of Boats on Residential Property —Ordinance 206, 2 "d Series -- Continued • For lakeshore lots boats may be stored in lakeshore yard as long as they don't significantly impact a neighbor's views of the lake. • For non - lakeshore lots boats may be stored in side yard and rear yard meeting boat setback requirements, and boats up to 20' long may be stored in a front yard driveway meeting setback requirements during the months of May- September. • Licensing, operability /restoration, and principal residence guidelines as per Planning Commission recommendation. • Complaints regarding a boat stored in the lakeshore yard and impacting a neighbor's views of the lake will be referred to a dispute resolution committee consisting of the Planning Director, the Building Official, and a member of the Planning & Zoning Department staff. Gaffron stated staff had not included any requirements as to who could or could not complain in their recommendation, such as: the person complaining must be directly affected by that which they are complaining about. So a person living 2 miles from a boat stored in sight of passers -by could not complain. He suggested Council might consider such a proposal. Council was handed a copy of Minnetonka's ordinance, which does • include a statement about who can complain. lie stated that the ordinance before them reflected staff's recommendations, not the Planning Commission's. Sansevere stated that he felt any citizen has a right to complain about a situation. He was in favor of the grandfathering clause and approved a more lenient ordinance. Flint stated he was interested in the Minnetonka ordinance, but was not ready to adopt such a restriction. Overall, he preferred flexibility and letting citizens police each other. He approved of the staff recommendations. Sansevere stated he is concerned that a boat too big to trailer could be improperly blocked and topple, injuring someone or damaging property. Gaffron stated that there are no requirements regarding blocking, but the City could require blocks be inspected. Rich Anderson of 3205 Crystal Bay Road stated that usually the maximum size of a trailered boat is 27'. He owns North Shore Marina and stated even he would not approve someone's blocking because the ground changes with the spring thaw and something secure in winter could fail in the spring. • Gary Welsh of 1214 Wildhurst Trail stated that boat owners would typically be careful about blocking their boats because of the expense of the boat. 7 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10, 2001 9. Storage of Boats on Residential Property —Ordinance 206, 2nd Series —Continued Sansevere stated there was no ready answer to the safety concern. Flint suggested they research other cities' solutions. Nygard stated that white shrink -wrap is detrimental to boats because it does not encourage the snow to melt. He felt the maximum boat size allowed should be 36'. He did not agree with the grandfathering clause, and felt that boats over 36' should be considered on a case by case basis depending on the owner's lot size, neighbors, etc. He also did not agree with having separate standards for lakeshore and non - lakeshore lots. Nygard stated that yard setbacks are for permanent structures and if a boat is hidden from sight as much as possible, the setback shouldn't matter. White stated he liked the 36' maximum length, and approved of the grandfathering clause. He took issue with the setback requirement because of the irregular lot sizes. He also liked the dispute resolution committee, and would like to consider Minnetonka's ordinance in the future. White also stated the staff had done an excellent job. Mayor Peterson stated she was disappointed they had spent so much time on the issue. She did not have a preference on the maximum size or color of covering. She felt there was no feasible way to screen boats with fences or trees. She also liked the grandfathering clause. Rich Anderson of 3205 Crystal Bay Road stated he uses white shrink -wrap in his marina because it is more appealing and he has seen no difference in how the snow melts off of boats. Jim Tyson of 1295 Elmwood and Curt Quady of Box 127, Crystal Bay both agreed that white tarps are not available in stores. Only commercial shrink -wrap comes in white, so they opposed requiring white covers. Mayor Peterson also stated she did not think it possible to require a 10' setback because of the lot sizes. She too approved of the dispute resolution committee. Mayor Peterson questioned giving the ordinance a trial period of 12 - 18 months to see what works and what does not. Flint recommended the new ordinance not have a sunset clause because then the issue would come back before Council at the end of the trial period. Sansevere suggested any boat over 30' could require a special permit and the fees could go to the Parks Commission. E 0 0 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10, 2001 9. Storage of Boats on Residential Property —Ordinance 206, 2 "d Series — Continued Council took a poll regarding amendments to the staff proposed ordinance. White put forth each amendment to the Council. White proposed, for the purpose of surveying Council, amending the ordinance to allow for a 36' boat length. White, yes. Nygard, yes. Peterson, no. Flint, no. Sansevere, no. White proposed leaving the screening requirements as written in the ordinance. All, yes. White proposed leaving the grandfathering clause. White, yes. Nygard, no. Peterson, yes. Flint, }'es. Sansevere, yes. White proposed allowing a 0' setback from the lot line. Sansevere asked the audience if anyone would have a problem with the 0' setback requirement. • Elizabeth Reese of 2703 Walters Port Lane stated her neighbor stored his boat just outside her living room window and did not approve of a 0' setback. Mike LeQuay of North Shore Drive stated lot lines are not well defined and he would prefer a 5' setback so people are sure to keep their boats on their property. Gary Welsh of 1214 Wildhurst Trail stated he favored a 0' setback because he stores his boat between his garage and fence, within 5' of his lot line. Jane Clemmons of 2690 Caroline Avenue suggested they trust the citizens to use common sense and the resolutions committee to solve differences. Brian Rasmussen of 1186 Wildhurst Trail asked why the setback mattered with a non- permanent structure. Sansevere stated 5' is a very short distance. Nygard asked why anyone should be violating an ordinance if he or she and their neighbors prefer a location next to the lot line. Mayor Peterson stated it would be a non -issue if the neighbor's don't mind. Flint and Sansevere agreed it was better to have a standard of a 5' setback. Gaffron stated he did not want people storing their boats over the lot line. 9 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10, 2001 9. Storage of Boats on Residential Property —Ordinance 206, 2nd Series — Continued White proposed allowing a 5' setback from the lot line with at least 15' from the neighbor's house. White, no. Nygard, no. Peterson, yes. Flint, yes. Sansevere, yes. Gaffron asked if they want to change the standard for utility trailers as well to the same 5' and 15' requirements. White, yes. Nygard, no. Peterson, yes. Flint, yes. Sansevere, yes. Steve Gowdy of 3750 Casco Avenue asked if trailered boats would still be allowed in driveways only from May - September. White proposed that trailered boats be allowed in driveways year round. All, yes. White moved, and Flint seconded, to approve the ordinance as presented by staff with the following conditions: that the maximum length of a boat stored on -site should be 30', the grandfathering clause should remain, there should be no screening with vegetation or fences required, white covers and shrink -wrap should be suggested but • not required, boats should be placed at least 5' from the lot line and 15' from a neighbor's home, and trailered boats should be allowed in driveways year round as long as they do not impact a neighbor's view of the lake. Vote: Ayes 5, Nays 0. 4. #01 -2692 ABC Supply Company, Inc., 2765 West Wayzata Boulevard — Conditional Use Permit — Continued Mayor Peterson moved, and Sansevere seconded, to table Item 4 to their September 24 " Council meeting. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT The Council commended staff for their hard work. PUBLIC SERVICE DIRECTOR'S REPORT None. 10 L • ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10, 2001 City Administrator's Report and City Attorney's Report appear after Licenses. 11. LICENSES Special Event Applicant: Lake Country Builders, Inc. Event: Remodelers Showcase Location: 2601 West Lafayette Road Date: October 5, 6, 7, 2001 Time: Friday, 1:00 p.m. - 7:00 p.m. Saturday and Sunday, 12:00 p.m. - 5:00 p.m. Moorse stated that the concern was about the availability of off -site parking for the showcase because the road is too narrow for street parking. The applicants suggested using the Navarre public parking lot with a shuttle service. The applicant stated that the western suburbs don't get as much traffic as the Edina area. • He expected 8 - 10 cars would be present at any one time. They would put no parking signs along County Road 19 and Lafayette Road. When the driveway is full, they proposed directing people to the Navarre lot. They would keep a van at both the lot and the house to shuttle people back and forth. He assured the Council that they are professionals who have been in business for 24 years and were eager to work with the City r\ U Nygard asked that they clean up the parking lot when they finish. Moorse questioned if they would have room in the Navarre lot on Friday with the park and ride use. The applicant stated that Friday would be the slowest day, and they did not expect to use the lot at all that day. He also stated they would send out a letter to neighbors and would have a staff person working as security. White moved, and Flint seconded, to approve the special event permit for the Remodelers Showcase. Vote: Ayes 5, Nays 0. 11 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 10, 2001 CITY ADMINISTRATOR'S REPORT 10. Adopt 2002 Tax Levy and Budget — Resolutions No. 4690 and No. 4691 Moorse stated that due to the tax reform package adopted by the 2001 Legislature, the City was losing $309,630 in HACA aid. The total tax levy required to fund the proposed 2002 budget is $2,926,335. The majority of the increase, about 64 %, is to replace the lost HACA aid. The tax levy excluding the HACA replacement levy is $173,355 (7.1 %) increase. The tax levy including the HACA replacement levy is $482,985 (19.8 %) increase. Nygard moved, and Sansevere seconded, to adopt Resolution No. 4690 adopting the proposed 2001 tax levy collectible in 2002. Vote: Ayes 3, Nays 2 (Flint, White). Mayor Peterson moved, and Sansevere seconded, to adopt Resolution No. 4691 adopting the proposed 2002 General Fund Budget. Vote: Ayes 3, Nays 2 (Flint, White). CITY ATTORNEY'S REPORT None. *12. BILLS Flint moved, and Sansevere seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 9:35 p.m. ATTEST: Linda S. Vee, City Clerk 12 Barbara Peterson, Mayor • •