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HomeMy WebLinkAbout11-26-2001 Council Minutes0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2001 7:00 o'clock p.m. • ROLL The City Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Richard Flint, Bob Sansevere, Jay Nygard and Jim White. Representing Staff were City Administrator Ron Moorse, Planning Director Michael Gaffron, Zoning Administrator Paul Weinberger, Zoning Administrator Wendy Bottenberg, Public Services Director Greg Gappa, City Engineer Tom Kellogg, and Recorder Jackie Young. City Attorney Tom Barrett arrived at 7:11 p.m. Mayor Peterson called the meeting to order at 7:02 p.m. CONSENT AGENDA ( #1) Approve /Amend Items 4, 6, 13, and 14 were added to the Consent Agenda. White moved, Flint seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. • APPROVAL OF MINUTES *( #2) REGULAR COUNCIL MEETING OF NOVEMBER 13, 2001 White moved, Flint seconded, to approve the minutes of the Regular City Council Meeting of November 13, 2001, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — Andrew McDermott, Representative Due to the absence of Mr. McDermott, this item was not discussed. PLANNING COMMISSION COMMENTS — Liz Hawn, Representative Hawn stated she would be available for questions at tonight's meeting. LMCD REPORT — Lili McMillan McMillan gave a brief update on the proposed LMCD ordinance concerning restrictions on motorized watercraft contributaries to Lake Minnetonka, such as Long Lake Creek. McMillan indicated two citizens did appear at the last LMCD meeting and discussed the proposed ordinance, with the • consensus being that they would like to see some restrictions but that boat access should not be denied PAGE 1 to MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2001 7:00 o'clock p.m. • (LMCD Report, Continued) since it would be a violation of their rights. McMillan stated she personally would like to see some restrictions on motorized watercraft but that the ordinance as proposed may be too prohibitive. McMillan indicated this item would be discussed again at the next LMCD meeting. White suggested the LMCD consider restrictions on the size of the motor, which may be easier to enforce. McMillan stated the Mayor of Shorewood addressed the LMCD at their last meeting and reported that the City of Minneapolis had passed a phosphorus point of sale restriction ordinance, which requires stores that sell fertilizer to display non - phosphorus fertilizer towards the front and fertilizer containing phosphorus towards the back. The ordinance further requires customers to obtain a soil test to demonstrate that their lawn is in need of phosphorus before they may purchase fertilizer containing phosphorus. McMillan noted this is the first ordinance of its type in the country and should help other states in getting a state -wide ban on fertilizer containing phosphorus. Nygard encouraged Staff to work with the local retailers to insure compliance with the ordinance. McMillan indicated the Water Patrol has stated the two additional deputies have made a tremendous difference in enforcement of safety on the lake, which has resulted in a very successful safe season for boaters this year. Sansevere thanked McMillan for her fine representation of the City of Orono on the LMCD. • McMillan noted the next meeting of the LMCD is scheduled for December 12`h PUBLIC COMMENTS Bill Franklin, Baldur Park Road, gave a brief update to the Council on the progress being made with development of his property. Franklin stated he has delineated the boundaries of the wetlands, with the information being supplied to the Minnehaha Creek Watershed District for verification. Franklin stated he has reviewed the location of the sewer with City Staff and has arrived at a rough location for the sewer line. Franklin stated he would have the easement documents prepared in the near future. ZONING ADMINISTRATOR'S REPORT ( 0) #01 -2736 LONG LAKE FIRE STATION — 340 WILLOW DRIVE NORTH — LAND ALTERATION CONDITIONAL USE PERMIT — PUBLIC HEARING — RESOLUTION NO. 4726 Mayor Peterson opened the public hearing at 7:18 p.m. Weinberger stated a conditional use permit is required in order for site preparation to commence on the new Long Lake Fire Station. Weinberger stated a conditional use permit is required whenever u PAGE 2 J MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2001 7:00 o'clock p.m. • ( #01 -2736 Long Lake Fire Station, Continued) land alteration in excess of 500 cubic yards is proposed on a site. The total land alteration proposed for this site is 22,461 cubic yards to create a building pad for the Long Lake Fire Station. The primary reason for the conditional use permit is to allow soil correction to occur on the site. Weinberger stated this public hearing is for the conditional use permit only. This item was not reviewed by the Orono Planning Commission. Weinberger noted there is a provision in the Zoning Ordinance that permits the Council to waive a conditional use permit application from appearing before the Planning Commission if the motion is passed unanimously. There were no public comments concerning this application. Mayor Peterson closed the public hearing at 7:19 p.m. White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4726, a Resolution granting a conditional use permit for land alteration in excess of 500 cubic yards to permit site preparation for the new Long Lake Fire Station located at 340 Willow Drive North, subject to the five conditions outlined in the November 21, 2001 Planner's Report. VOTE: Ayes 5, Nays 0. • *( #4) #2640/41 ORONO AMBAR, 2060 WAYZATA BOULEVARD — REQUEST FOR OFFICE SITE PARK FEE DEFERRAL White moved, Flint seconded, to approve deferral of commercial park fee for Lot 1 of the plat of Orono Ambar per staff recommendation, and authorize Staff to execute an agreement with the developer per the terms stated in the November 15, 2001 Planner's Memorandum. VOTE: Ayes 5, Nays 0. ( #5) #01 -2711 WESTERN STEEL ERECTION, 2687 WAYZATA BOULEVARD — CONDITIONAL USE PERMIT — RESOLUTION NO. 4727 Stephanie and Chuck Jochims, Applicants, were present. Weinberger stated the Applicants are requesting final approval of a conditional use permit to allow permanent "outside storage" to provide outdoor parking for their equipment at the southeast corner of the property. The revised site plans shows the installation of an above ground fuel tank and canopy. The Applicants are proposing to erect a black canopy with red support posts. The fuel station was approved based on the fuel tank being located a minimum of 50 feet to the building and 50 feet to a lot line. Weinberger stated the fence located across the front of the property would be a solid, six -foot wood fence. The Applicants had proposed to place a chain link fence with slatted screening around the perimeter of the property. Due to the relocation of some parking areas, Weinberger indicated the slatted screening may not be necessary. In addition, the Applicants have indicated some concerns • regarding long -term maintenance of the fence. The City has requested the Applicant erect a black PAGE I- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2001 7:00 o'clock p.m. • ( #01 -2711 Western Steel, Continued) chain link fence surrounding the property. Staff would request that the Applicants continue to plant evergreens in accordance with zoning requirements as well as add some landscaping on the west side of the property to create a natural landscaping buffer between Highway 12 and the parking area. Weinberger stated another issue that Staff has reviewed with the Applicants not remove all trees located in the parking lot area. Weinberger stated some parking spaces would be eliminated in order to provide small islands around some trees located within the parking area. The Applicants have indicated they are agreeable to this. Weinberger stated the Applicant would still meet the minimum parking requirements. Weinberger stated the four support posts for the canopy have been installed, with the proposed canopy being 24 feet by 36 feet. Staff is recommending that the color of the canopy match the color of the building, which is an off - white, grayish colored building. The Applicants are proposing a black canopy with the red support posts. Weinberger stated some final approvals are still needed regarding the stormwater management plan. Weinberger stated the Applicants are scheduled to move fully onto the property in the near future and are requesting final approval of their site plan. Staff is recommending Council adopt the resolution subject to the conditions outlined. White stated in his view the Applicants and Staff have arrived at a good solution concerning the trees • and parking area. Flint stated he has a concern not necessarily specific to this application, but as it relates to the appearance along Highway 12 in general. Flint stated the City tends to look at each of these places piecemeal rather than at the whole picture. Flint stated he would like the City to follow through with the long -term concept originally raised by former Council Member Kelley concerning the aesthetics along Highway 12. Gaffron stated the City has recently received some information from Long Lake concerning the adoption of new ordinances and implementing their development plan along Highway 12. Gaffron stated the City of Orono did look at this issue a couple of years ago and that perhaps it needs to be revisited. Gaffron inquired whether Flint was interested in the boulevard with trees concept for this area. Flint stated he was, along with decorative lighting. Gaffron stated the City has not taken the next step which would be adoption of regulations requiring the existing property owners along Highway 12 to incorporate certain landscaping features. Flint noted the other side of the roadway is not developed at the present time, but that the City needs to address both sides of the street. Moorse stated the City has not arrived at a final design concept for Highway 12 at the present time, • PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2001 • 7:00 o'clock p.m. ( #01 -2711 Western Steel Erection, Continued) with Highway 12 eventually being turned back over to the county. Moorse indicated Kelly Parkway in his opinion is going to be a more important roadway in terms of landscaping. Moorse stated the City is still not aware of the exact plans for Highway 12. Moorse indicated the City attempted to focus more on screening with this application. Weinberger stated there currently is grass 75 feet into the property off of Highway 12, which gives the City some flexibility to do something in this area. Flint encouraged the City Staff to develop and adopt a design concept for Highway 12. White stated in his opinion the Applicants have made a good improvement to the property by the planting of the trees, and suggested the Applicant check with a nursery regarding salt - tolerant evergreens. Weinberger stated the Applicant is planting the trees further back from the roadway to prevent exposure to salt and possible flooding. Mayor Peterson inquired what the Council thought about the black canopy and red support posts. • Mrs. Jochims stated the support posts were painted red for visibility, with the majority of their equipment also being red. • Sansevere commented he would like to see the canopy blend in more with the landscaping Mrs. Jochims stated they would be unable to repaint the support posts until the weather becomes nicer. Mayor Peterson stated she also would like to see the colors toned down and blend in more with the building. It was the consensus of the City Council that the colors of the canopy and red support posts should be toned down and made to blend in with the existing gray- colored building. White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4727, a Resolution Granting a Conditional Use Permit to permit outside storage on the southeast corner of the property and for a commercial/industrial site plan review, subject to the conditions outlined in the resolution. VOTE: Ayes 5, Nays 0. *( #6) #01 -2718 AMENDMENT TO ZONING CODE SECTION 10.03, SUBDIVISION 15 RELATING TO FENCE STANDARDS — ORDINANCE NO. 211,2 nd SERIES White moved, Flint seconded, to approve and adopt ORDINANCE NO. 211, Second Series, an Ordinance of the City of Orono, Minnesota, Amending City Code Chapter 10.03, Subdivision 15 by Adding, Deleting, or Amending Certain Standards Relating to Fences. VOTE: Ayes 5, Nays 0. PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2001 7:00 o'clock p.m. • *( #7) #01 -2729 W. GREGORY AND KATHERINE COWARD, 1950 HERITAGE DRIVE — CONDITIONAL USE PERMIT — RESOLUTION NO. 4728 White moved, Flint seconded, to approve and adopt RESOLUTION NO. 4728, a Resolution Granting a Conditional Use Permit to permit construction of two accessory buildings on a through lot for the property located at 1950 Heritage Drive. VOTE: Ayes 5, Nays 0. ( #8) #01 -2732 REVIS STEPHENSON III, 1850 FOX RIDGE ROAD — CONDITIONAL USE PERMIT — RESOLUTION NO. 4729 Revis Stephenson, Applicant, was present. Weinberger stated the Applicant is requesting a conditional use permit to permit land alteration over 500 cubic yards for the purpose to fill a steep slope area and have an improved finished grade for the backyard. The property is located at 1850 Fox Ridge Road, with the lot having only 20 to 30 feet of yard area before the lot has a steep drop. The project would require clear cutting the slope and depositing 3,280 cubic yards of fill. The source of the fill is from the Orono Woods apartment building located at the northwest corner of Highway 12 and Brown Road. The Planning Commission reviewed this item at their November meeting and recommended approval subject to the conditions outlined in the November 20, 2001 Planner's Report. Weinberger noted a • financial guarantee is being requested on this project because Fox Ridge Road is a public road and there is some concern with the number of trucks and amount of fill that will be transported to this site. Weinberger stated the purpose of the financial guarantee is to insure the current condition of the road would be maintained. Weinberger stated Staff is also working with the Applicant regarding restoration of the vegetation in this area. The Applicant is proposing to plant some maple and other hardwood trees in place of the box elders and brush that currently exist. Stephenson stated he has nothing to add to Staff's report. White moved to approve and adopt RESOLUTION NO. 4729, a Resolution Granting a Conditional Use Permit to permit land alteration and fill of 3,280 square feet of material to the rear of the property located at 1850 Fox Ridge Road, subject to the conditions outlined in the November 20, 2001 Planner's Report. Stephenson stated he would like to discuss the financial guarantee. Weinberger stated Staff would be meeting with the Applicant to discuss the current condition of the roadway as well as the financial guarantee. Stephenson stated he does not want to have to finance construction of a brand -new roadway since the current condition of the roadway is poor. 0 PAGE 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2001 • 7:00 o'clock p.m. ( #01 -2732 Revis Stephenson, Continued) Mayor Peterson stated the Public Works Director and City Engineer would be meeting with him to discuss the current condition of the road. Gappa stated if the hauling of the fill is done after the ground freezes, they should not have a problem. Sansevere suggested the Applicant consult with an attorney as well regarding the financial guarantee. Moorse stated Staff should be able to narrow down a number for the financial guarantee. Sansevere seconded the above motion. VOTE: Ayes 5, Nays 0. *( #9) #01 -2733 WILLIAM B. AND LYNAE PETERSON, 420 ORCHARD PARK ROAD — VARIANCE RENEWAL — RESOLUTION NO. 4730 White moved, Flint seconded, to approve and adopt RESOLUTION NO. 4730, a Resolution Granting a Renewal Variance to permit the renewal of a variance to lot area and to grant a variance to permit the property located at 420 Orchard Park Road to be developed with a single family residence. VOTE: Ayes 5, Nays 0. • *( #10) #01 -2734 MARGIE NEWTON, 505 ORCHARD PARK ROAD — VARIANCES — RESOLUTION NO. 4731 White moved, Flint seconded, to approve and adopt RESOLUTION NO. 4731, a Resolution Granting Variances for the property located at 505 Orchard Park Road. VOTE: Ayes 5, Nays 0. ( #11) #01 -2735 AMENDMENT TO ZONING CODE SECTION 10.03, SUBDIVISION 14, STRUCTURAL LOT COVERAGE Gaffron stated under the proposed amendment, in- ground pools and their associated grade -level patios would no longer be considered as structures for the purpose of calculating "lot coverage by structures ". The original lot coverage ordinance adopted in 1989 did not include pools in the calculation of lot coverage. The ordinance was later amended six months after its adoption to include pools and their associated patios. The Planning Commission did review this amendment and was pretty evenly divided on the issue. The four Planning Commission members in support of this change would like to see it accompanied by a new hardcover limitation on all non - Shoreland residential lots under two acres in area. The three Planning Commission members against the proposed amendment feel that pools and their associated patios /decks should continue to be calculated as lot coverage by structure, and suggested that decks regardless of height should also be considered for inclusion as lot coverage. PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2001 7:00 o'clock p.m. . ( #01 -2735 Amendment to Zoning Code — Structural Lot Coverage, Continued) Gaffron stated the property owners that have requested the change would not be opposed to approving new hardcover limitations on all non - Shoreland residential lots under two acres. Gaffron suggested this item be tabled to a joint work session with the Planning Commission to discuss these issues more indepth. Nygard noted there is an outstanding application that is awaiting a decision on this amendment. Gaffron stated that application deals with a resident wishing to replace an existing home with a new structure that would use the entire 15 percent lot coverage allotment. Retention of the existing in- ground pool and its associated patio /deck would result in an additional eight percent lot coverage, for a total lot coverage of 23 percent. Council had approved the lot area variance in October subject to removal of the pool at the time the house is removed unless the ordinance is changed. Sansevere indicated he would like to review this issue more fully in a work session with the Planning Commission. Mary King, 142 Chevy Chase Drive, stated in her view the current ordinance is too restrictive for people, noting the new home and pool would be located within all the required setbacks. King stated their property would still have a fair amount of green space following construction, with the pool and deck adding value to their home. King stated the pool is located behind the house, so visual impact is not an issue in this case. King commented in her view property owners should have some choice in • how their property is developed since they are paying taxes on the land, and they should not be penalized by having to remove the pool simply because they want a larger residence. King thanked City Staff for the fine job they do in keeping the roadways plowed at this time of year. White pointed out that the City of Orono is one of the lowest taxed cities in Hennepin County. Flint stated he would like to have a work session scheduled sometime in December or early January. Flint stated that before he read the staff memo, in his view this was more of a runoff issue than a structural block issue. Flint stated he now has a new understanding of the issue. Flint noted there have been some conflicting views on this issue in the past. White moved, Sansevere seconded, to table Application #01 -2735, Amendment to Zoning Code Section 10.03, Subdivision 14, Structural Lot Coverage, to a joint work session with the Planning Commission in either December or January. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Flint commented in relation to the City's vacant lot at Highway 12 and Old Crystal Bay Road, he is not in support of a contract that would bind the City of Orono on the sale of a property when the other party is free to walk away from the deal. 0 PAGE 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2001 • 7:00 o'clock p.m. (Mayor /Council Report, Continued) Moorse stated the City currently only has a preliminary appraised value on the property and not a final number. White suggested the City consider entering into a development contract on this property. Moorse stated Staff has discussed a restrictive covenant. PUBLIC SERVICE DIRECTOR'S REPORT Gappa had nothing to report. CITY ADMINISTRATOR'S REPORT ( #12) 2002 Meeting Schedule Flint stated he would like Staff to consider the possibility of having the May Council meeting moved to Thursday of the previous week. Flint noted he would be unable to attend the May Council meeting if it is scheduled for Tuesday. • Sansevere noted he also may miss one or two Council meetings in February. Flint moved, White seconded, to approve the 2002 Orono Meeting Schedule. VOTE: Ayes 5, Nays 0. *( #13) ACCEPT POLICE DEPARTMENT GRANT FOR SNOWMOBILING TRAINING White moved, Flint seconded, to accept the DNR grant in the amount of $1,000 for snowmobile enforcement and public safety education. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Barrett had nothing to report. *( #14) LICENSES White moved, Flint seconded, to approve the following licenses. VOTE: Ayes 5, Nays 0. Kennel License: Dennis and Gail Wilder 1331 North Arm Drive • PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2001 7:00 o'clock p.m. • (Licenses, Continued) Club On Sale Liquor: Spring Hill Golf Club 725 Sixth Avenue North Wayzata Country Club 200 Wayzata Boulevard Woodhill Country Club 200 Woodhill Road Off Sale Liquor 12 Hi Liquor 2160 West Wayzata Boulevard Navarre Liquors, Inc. 3421 Shoreline Drive On Sale Liquor: Narrows Saloon • 3380 Shoreline Drive *( #15) BILLS White moved, Flint seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. OTHER ISSUES Moorse gave a brief update on the proposal by Mound to construct a new fire station. Moorse stated there are several issues that need to be discussed regarding Orono's financial contribution to the station. Moorse noted the City of Mound would like a decision by December or January, with a referendum on this issue being held in May. The City Council directed Moorse to either call or write a letter to the City of Mound explaining the long -term fire service issues that affect Orono's consideration of a new Mound fire station and indicating the need to have additional time to review this issue. i PAGE 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2001 • 7:00 o'clock p.m. • • ADJOURNMENT White moved, Nygard seconded, to adjourn the meeting at 8:18 p.m. VOTE: Ayes 5, Nays 0. There being no further business to discuss, the meeting was adjourned at 8:18 p.m. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor PAGE 11