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HomeMy WebLinkAbout10-08-2001 Council MinutesORONO CITY COUNCIL MEETING MONDAY, OCTOBER 8, 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 Sean Simpson, Planning Director Michael Gaffron, Zoning Administrator Paul Weinberger, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Mayor Peterson called the meeting to order at 7:05 p.m. CONSENT AGENDA 1. Approve /Amend Item 12 was added to the Consent Agenda. White moved, and Sansevere seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. • 2. Sprint Lease Proposal Moorse stated that Sprint PCS had submitted a proposal to the City regarding a lease of the City's property adjacent to the Crystal Bay Post Office for the installation of an 80 — 100 foot telecommunications tower and antennas. City regulations limit antennas to the water towers in residential areas. Accepting the proposal would require amending City regulations. Staff recommended not accepting the lease proposal. Moorse pointed out they were only dealing with the lease proposal at this meeting. He stated Sprint could look for other property and come back with a new proposal. Jaren Johnson was present representing Sprint PCS. Mayor Peterson stated that she was in favor of the staff recommendation. Johnson stated Sprint was looking for direction from the Council. He stated the water towers were ineffective to provide adequate coverage for Orono. City Attorney Sean Simpson stated that the City was not obligated to advise Sprint other than to direct them to work within the current regulations, and to respond to a specific proposal from Sprint. If Sprint felt they could not work within the current regulations, they could pursue other courses of action through the City's zoning review process. L ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 8, 2001 • 2. Sprint Lease Proposal— Continued Johnson stated that the two towers would not provide coverage for the city, and therefore would not be effective for any carrier under the Telecommunications Act of 1996. He stated that the other carriers would be coming before the City in the future, and Sprint was simply the first to have a need for a new tower. Simpson stated the City was not closing the door on Sprint, and would welcome future communication to resolve the issue. Mayor Peterson moved, and Sansevere seconded, to reject the Sprint PCS proposal to lease City property adjacent to the Crystal Bay Post Office for an 80 —100 foot telecommunications tower and antennas, and directing staff to send a letter to Sprint indicating the City is not interested in pursuing a lease agreement with Sprint at this time. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES *3. Regular Council Meeting of September 10, 2001 White moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of September 10, 2001 as amended. Vote: Ayes 5, Nays 0. *4. Regular Council Meeting of September 24, 2001 White moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of September 24, 2001 as amended. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS —IRENE SILBER, REPRESENTATIVE Silber was absent. PLANNING COMMISSION COMMENTS —LIZ HAWN, REPRESENTATIVE Hawn was absent. 2 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 8, 2001 0 PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT 5. Hazardous Building Action -200 Hollander Road — Resolution No. 4699 Moorse stated that on August 28, 2001 an inspection was conducted at 200 Hollander Road to evaluate the home for hazardous building action in response to neighborhood complaints and the observations of an Animal Humane Society agent. After inspection, staff deemed the building to be hazardous for human occupancy. John Hollander, of 200 Hollander Road, stated that he took issue with some of the statements made in Lyle Oman's report. His long -range plan was to build a new house on the property and sell it. He stated that his brother was in charge of his funds through a trust fund. His brother was in China and they had not been able to reach him for three weeks. Roger Newman, of 14520 14th Avenue North, Plymouth, stated that he was a building and remodeling contractor working for Mr. Hollander. He was willing to work with the City to do whatever was needed to bring the house up to code. Mayor Peterson stated she believed the resolution would pass, and asked what Mr. Hollander's next step would be. Moorse stated Mr. Hollander would meet with the City Building Official to determine what was needed and an acceptable time line for repair or removal of the house. If the requirements were not met, then the City would move to district court for recourse. Hollander stated that his house was built in 1857 by Samuel Lydiard, who founded the township of Orono and designed Highway 169. Hollander indicated he is currently living in a motel. He asked if he would have to come back before Council if he had a disagreement with Oman. Mayor Peterson stated that he had 20 days to come up with a solution with the Building Official. White moved, and Sansevere seconded, to approve Resolution No. 4699 finding a hazardous building and requiring the securing and repair or removal of the residential structure at 200 Hollander Road, Orono. Vote: Ayes 5, Nays 0. is ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 8, 2001 0 6. Amendment to Animal Regulations Gaffron stated that there is currently no ordinance restricting the number of cats allowed on a property. Other metro cities allow 4 — 5 cats without licensing. The proposed ordinance would amend Orono's current "Dog Regulation and Licensing" ordinance by additionally regulating the number of cats that can be kept on a residential property. Staff suggested that 10 cats per property may be an appropriate number, and that Council might consider an amendment that would require a kennel license for over 4 or 5 cats. He stated that the ordinance would include cats owned, harbored, fed, boarded, or kept on a residential property. He also stated that it was not a zoning ordinance, and therefore was not subject to the Planning Commission review or hearing requirements. Sansevere stated he did not mind requiring a kennellicense, but was not in favor of a cap on the number of cats allowed. Flint stated he favored the staff proposal to require a kennel license for over 5 cats. Mayor Peterson stated she was in favor of treating cats the same as dogs. Hollander stated that according to a Minnesota statute, the Council could not verbally change an ordinance pending his district court decision to keep him from getting his cats back. He also stated that there was a Minnesota statute that includes a formula for how many cats are allowed in a space, and according to that formula, his garage was not overpopulated with cats. He also requested the matter be tabled until his attorney could be present to represent him, and stated he was not notified the issue would be on that night's agenda. Simpson stated that Judge Alton would not be considering the overpopulation issue, only if the cats were properly cared for in terms of health and safety, so the finding would not affect the ordinance before Council. Hollander asked where he could keep his cats if they were returned to him. He stated the court action was to determine if the seizure of his cats was legal. Simpson stated the City had nothing to do with the seizure of his cats. He also stated the ordinance did not address Mr. Hollander's situation, and was not directed to him. Jaclyn Ricks, of 2108 Sugarwoods, pointed out that if Mr. Hollander got his cats back, he would simply have to apply for a kennel license. Paul Bruer, of 275 Hollander Road, stated that he wondered why a building that was obviously not up to code for years was allowed to remain so for so long. He stated the code applies to everyone and is non - negotiable, yet residents have wanted action taken 6. is Amendment to Animal Regulations 4 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 8, 2001 • 6. Amendment to Animal Regulations— Continued against Mr. Hollander for years to protect their rights in the neighborhood. He also stated Mr. Hollander had hoarded the cats. Walter Erikson, of 335 Hollander Road, stated the pets were out of control. Whenever one was hit by a car, notes appeared in neighbors' mailboxes trying to find out who hit the cat. Mr. Hollander often had to trap cats to remove them from his property. He stated he assumed the kennel license would include guidelines for the proper care of the animals. Larry Newman, of 225 Hollander Road, stated Mr. Hollander had been treated as an exception to the rule, that his behaviors exceed reasonable limits that were acceptable to the neighbors. Molli Mckeever, of 215 Hollander Road, stated she has seen dead cats in the yard and on County Road 76, and was concerned for the health of neighborhood children. They have to apply and pay for permits to remodel and keep their homes up to code. Mr. Hollander should have to as well. Jim Paddon, of 260 Hollander Road, stated the situation had gone from bad to worse. He had to close his car windows when driving by Mr. Hollander's place because of the • animal stench. He stated he has seen cats on his property with broken legs. Kay Marine, of 235 Hollander Road, stated the neighbors had all been truthful in their reports, and she had nothing to add. E David Kelsey, of 205 Hollander Road, stated that he also had nothing to add, but asked Council to respond to their concerns. Hollander presented an approval of the subdivision of his property from 1986 that stated non - conforming permits were not required for his accessory structures, though it was not relevant to the discussion concerning his cats. White stated he felt the City was obliged to require kennel licenses for cats. Mayor Peterson favored requiring a license for over 4 cats. Nygard asked if they should cap the number of cats allowed. Gaffron stated other cities did not cap the total allowed. Sansevere stated he was opposed to limiting the number of cats allowed. White moved, and Mayor Peterson seconded, to require a kennel license for over 4 cats kept on a residential property with no more than 10 cats allowed. 5 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 8, 2001 • 6. Amendment to Animal Regulations— Continued 0 Sansevere stated the number of cats allowed on a property could be reviewed on a case by case basis. Flint agreed that the number could be set for each case at the time of licensing. White asked who would review the kennels. Moorse stated the Community Service Officer inspects kennels yearly. They would have to review the kennel requirements to address cat specific problems. Gaffron stated they would need a clear set of reasonable criteria to include in the ordinance. White amended his motion, and Mayor Peterson seconded, to require a kennel license for over 4 cats with no set limit on the number of cats that would be allowed. Vote: Ayes 5, Nays 0. Mayor Peterson stated the Council had conceptually approved the ordinance and the final ordinance would appear before Council at the next meeting. Hollander and his neighbors asked to receive a copy of the ordinance before the next meeting. 7. #01 -2702 Brenshell Homes, 3551 Livingston Avenue — Renewal Variances— Resolution No. 4700 Bottenberg stated that the applicant was requesting a renewal variance to construct a new house on a lot he had purchased. The previous house and shed were demolished. She also stated the applicant had provided staff with all information they had requested. Steve Behnke of Fine Line Design Group was present to represent the applicant. He stated Brenshell Homes owned the lot, and he was the builder. The house would be several hundred square feet less than what was allowed, so it would not max -out the site. Mayor Peterson stated that the drainage issue was of concern. Karen Cuff, of 3572 Livingston Avenue, asked if she would be at risk of being flooded when the new house is built. She had built a new drainage system on her property, and had spent $40,000 in the last 12 years because of drainage issues. She has to dig out soil every 3 – 4 years because of the run -off into her yard. She stated the hardcover on the lot would be tripling with the new construction. Kellogg stated that 6" of rain in a 24 hour period is considered the standard hundred year event. They found that run -off from the new construction would occur in such small amounts that the numbers are less than one and round down to 0 cubic feet per second. The numbers indicate no noticeable effect. 2 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 8, 2001 • 7. #01 -2702 Brenshell Homes, 3551 Livingston Avenue Renewal Variances — Resolution No. 4700— Continued Gappa stated that 5 acres of land above Cuff s property drain through her yard. The lot in question is 0.15 acres out of 5 acres, so the added run off from that lot would be such a small portion of the total so as not to be noticeable. He stated a ditch had been installed some years ago, but it requires periodic maintenance to be effective, or a pipe could be installed. Mayor Peterson asked Ms. Cuff if she could get support from her neighbors to install a storm sewer system. Cuff stated that her neighborhood is full of starter homes and it would not be cost effective for most of the residents to pay for a storm sewer system. Mayor Peterson asked if the changes she had made worked. Cuff replied they had redone the basement with extra supports, commercial drain tile, a commercial pump system, and two generator back -ups. They had also installed a swale. They have spent a lot of money to protect themselves from flooding. She asked if the small amount of extra run -off from the new house caused flooding on her property, would she have any recourse. She also stated the catch basin is inadequate. Gappa stated the catch basin has no outlet, so in the case of big events, it fills up and runs over. Cuff stated that public water is running through a private drainage system. • Flint stated that the house that was removed from the lot was 740 s.f. The proposed house would be 1,100 s.f. Gaffron stated the lot allows for a 1,500 s.f. structure, or less. In this case, they concluded the drainage was properly directed and the construction would not produce enough additional drainage to have an effect on the neighbors. Cuff again asked if she would have recourse if she were flooded. White responded she would have to show that it was the City's responsibility. Cuff stated the developer had previously offered to construct a holding pond. Behnke stated that the developers made the offer before seeing the numbers on the run -off their construction would produce. He stated a holding pond would not be cost effective for so insignificant an amount of water. He added that the currently vacant lot would have grass and a resident to maintain the yard, which would help slow down run -off. White moved, and Sansevere seconded, to adopt Resolution No. 4700 granting variances to Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow the construction of a new single family residence on a lot of 0.15 acre area and 50' width where a 0.5 area and 100' width are normally required. Vote: Ayes 5, Nays 0. 7 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 8, 2001 • 8. #2640/41 Dunbar Development, Inc., 2060 Wayzata Boulevard —Final Plan Review — Status Update Gaffron stated that the Dunbar senior housing/office building project approval process was nearly complete, and final Council actions were scheduled for the October 22 meeting. The senior housing unit was proposed as Phase 1 of the project, and construction would start late this fall. The office was proposed as Phase 2, and construction would likely begin sometime in 2002. HUD financing had not yet been approved, so the developer had pursued a private underwriter for the senior housing revenue bonds. The City would acquire the land for $1.00, and lease it back to the developer for $1.00 per year for 99 years. Park and utility connection fees would be deferred for as long as the property was used for senior housing. Because the interest accrued on the deferred fees would come to $160 million at the end of 99 years, Gaffron suggested the Council might want to consider other options. The watershed district approval was pending and should happen on October 25. The Met Council approval should come on October 24. As part of the TIF financing, the City would be responsible for a number of off -site improvements, such as: street lighting, sidewalk improvements, turn lane improvements, installation of the semaphore, and a minor upgrade to the sewer lift station. Frank Dunbar stated they were looking forward to starting construction on the senior housing in early November. They needed the zoning issues and the leasing with the City • completed in order to continue with the underwriting process. He had not withdrawn the HUD application, but HUD processing was moving too slowly. He stated the project had not changed since it was last presented to Council. Dunbar passed around samples of the building materials to be used on the senior housing building. He will be using a new concrete siding product, and passed around an article on the siding. In terms of site work, he noted they will first nstall the silt fence, and take down all the trees south of the fence. The roof should go on in April or May. The building will be ready for occupancy next October. They were hoping to save some of the trees to screen the building from the Brown/ 12 intersection, but Mn/DOT has required them to move a sewer line, which takes out the trees they were hoping to save. The downed trees will be replaced with 8 – 10' trees. Dunbar stated he would meet with neighbors on -site to discuss landscaping issues before starting construction. He stated the office market was down. They had no big users lined up to move into the office building. They had a request to build an assisted living complex on that site. He stated that if he has to pay the full amount of deferred fees at the end of 99 years, it would affect his financing and rent rates at the present time. He had signed a contract with Miller Johnson to sell bonds to finance the site before the company received bad • press. They assured him that the issue was not serious and was with their clearinghouse, 8 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 8, 2001 8. #2640141 Dunbar Development, Inc., 2060 Wayzata Boulevard —Final Plan Review -- Status Update— Continued not their office. Dunbar stated he was willing to go through with the contract. Flint asked what would happen if the bonds don't sell. Dunbar stated he would pursue HUD financing and the project would not start until next spring when he receives his funds. Gaffron stated that the last 5 years of the 25 year TIF period would repay the City for the deferred fees in the project. Dunbar stated that he would have affordable housing for the 25 year TIF period. Lorraine Kaley, of 1395 Brown Road South, asked for clarification on the affordable housing. Dunbar stated the affordable rent would be determined by HUD. Under current rules, the residents' income could not exceed $37,000 per year and their rent for a one bedroom would be $616 per month. Without the affordable rate, a one bedroom would rent for $925, and a two bedroom would rent for $1010. Of the 62 units, 12 will be affordable housing for 25 years. Sansevere asked if they had set up a priority for Orono and Long Lake residents. Dunbar stated that current Orono residents would receive first priority, people with family in Orono would receive second priority, and former Orono residents would receive third • priority. Sansevere stated he would like them to give priority to long -time City employees. 0 Randy Hogan, of 2103 Sugarwoods, stated he would like trees kept at the back of the property to screen the development from Sugarwoods residents. Carl Berg, of 2112 Sugarwoods, stated he has been satisfied with the information supplied by Dunbar, but asked if the project had been moved to the north. Dunbar stated it had not been moved. Berg asked about the break point in the roof contour. He was concerned about the third floor wrapping around the corner, and that the residents of unit 313 would be able to see into his home. Dunbar stated the line had not changed since he first removed 8 units from the third floor. He stated he was willing to move the balcony or put in a bay window on that unit, but could not remove it. He restated he would meet with the neighbors on -site to discuss the landscaping. Berg stated one of his neighbors had a buyer for his house back out of the deal because of the upcoming construction. Dunbar stated it was very important that final approval be given at the October 22 meeting. Lorraine Kaley, of 1395 Brown Road South, asked if there was a number of affordable housing units required by law in Orono. Gaffron stated there was no set limit, but a goal of the City's is that a portion of each new project would be designated affordable. Kaley 0 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 8, 2001 • 8. #2640141 Dunbar Development, Inc., 2060 Wayzata Boulevard —Final Plan Review---Status Update— Continued asked about ADA accessibility. Dunbar stated all units are accessible, with 5% of the units completely handicapped usable. Jaclyn Ricks, of 2108 Sugarwoods, asked if they could save any of the trees. Dunbar stated they wouldn't survive the construction shock and would all die within a year. Flint asked about bathtubs in the units. Dunbar stated they will be step -over tubs with hand - holds, except in the handicapped units, which would have roll -in showers. All two - bedroom units will have a tub and a walk -in shower. Gaffron summarized by stating that they had discussed the site plans, he would make sure the TIF agreement included a statement giving City staff priority at the housing complex, on the issue of deferred fees the City would pay itself back during years 21– 25 of the TIF, and final approvals should happen on October 22. Carl Berg came before the Council and stated he was interested in building a 10,000 – 12,000 s.f. medical /dental facility on the land due south of the City offices. He asked if • Council had considered their proposed concept and if he should pursue a formal proposal for the development. Moorse stated the Council was supportive of the concept, but the development would need to set the tone for Kelley Parkway. *9. #01 -2688 Kirt Woodhouse, 1780 Shoreline Drive —Lot Line Rearrangement - RLS Approval — Resolution No. 4701 White moved, and Sansevere seconded, to adopt Resolution No. 4701 approving the registered land survey of a lot line rearrangement located at 1780 Shoreline Drive. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT White suggested the City needs some kind of historic preservation ordinance to help preserve areas or prevent certain developments. PUBLIC SERVICE DIRECTOR'S REPORT None. 0 10 LJ ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 8, 2001 CITY ADMINISTRATOR'S REPORT 10. Schedule Work Sessions The Work Session was scheduled for Friday, October 19, from 8:00 — 11:00 a.m. 11. Schedule HRA Meeting The meeting was scheduled for October 22, after the City Council meeting. Moorse stated the ISTEA grant application was not successful. They were working with Mn/DOT on the trail from Willow Drive to Holbrook Park, the trail from Old Crystal Bay Road to the Carlson property, and a trail from County Road 6 to the Lurton property. Mn/DOT would probably provide the right -of -way and grading. Moorse passed out copies of the Minnetonka Beach Comprehensive Plan for Council to review. The Minnetonka Beach City Administrator has requested a meeting with him and the Mayor to discuss the Dakota Rail with the Met Council. He suggested Gabriel Jabbour or Flint should be present at the meeting. • Moorse asked if there was interest for council photo ID's for visiting properties. CITY ATTORNEY'S REPORT None. *12. LICENSES HOME OCCUPATION LICENSES 1. L.A. Pilgram, D.C. (Chiropractic Office) 3. Waldron Law Offices, Ltd. LeRoy A. Pilgram, D.C. (Law Practice) 1795 Shadywood Road John B. Waldron Navarre, MN 55392 1951 Concordia Street Wayzata, MN 55391 2. Nails by Ginger (Nails) Ginger Scott 2620 Kelly Avenue • Excelsior, MN 55331 11 ORONO CITY COUNCIL MEETING MONDAY, OCTOBER 8, 2001 • 4. William Lewis Web Development, LLC (Web Developer) William Leskinen 1125 N. Willow Drive Long Lake, MN 55391 5. Paulette Pickard Sturmans (Massage Therapy) 550 Orono Orchard Road Wayzata, MN 55391 6. Bruce C. Mathison (Furniture Repair) 5 South Brown Road Orono, MN 55356 GAMBLING PREMISES PERMIT RENEWAL— RESOLUTION NO. 4702 1. National Multiple Sclerosis Society, Minnesota Chapter Narrows Saloon 3380 Shoreline Drive *13. BILLS • White moved, and Sansevere seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 10:10 p.m. ATTEST: m a S. Vee, City Clerk is 12 Barbara Peterson, Mayor