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HomeMy WebLinkAbout05-12-2003 Council MinutesORONO CITY COUNCIL MEETING MONDAY, MAY 12, 2003 • ROLL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jay Nygard and Jim White. Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Planner Jennifer Chaput, City Attorney Tom Barrett, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Council members Bob Sansevere and Jim Murphy were absent. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve /Amend Items 6, 9, 10, 11, 12, 13, 14, 16, 17, and 18 were added to the Consent Agenda. Item 5 was removed from the Consent Agenda. White moved, and Nygard seconded, to approve the consent agenda as amended. Vote: Ayes 3, Nays 0. • OATH OF OFFICE Ron Moorse administered the police officer Oath of Office to Kyle Russeth. Chief Good presented him with his badge. Mayor Peterson welcomed him to the City. Ron Moorse administered the police officer Oath of Office to Paul Theisen. Chief Good presented him with his badge. Mayor Peterson welcomed him to the City. APPROVAL OF MINUTES *2. Minutes of the Regular Council Meeting of April 28, 2003 White moved, and Nygard seconded, to approve the Minutes of the Regular Council Meeting of April 28, 2003. Vote: Ayes 3, Nays 0. • OO ORONO CITY COUNCIL MEETING MONDAY, MAY 12, 2003 PARK COMMISSION COMMENTS — PAULINE BOUCHARD, • REPRESENTATIVE Bouchard reported that the Parks Commission wanted approval to spend up to $5,000 to plant flowers in front of the signs at the Bederwood, Navarre, Hackberry, and Seven Nations parks. They are proposing one rail with about 8" of dirt, and planting some perennials. The Parks Commission would like to have a work session with the Council as soon as possible to discussion city beautification, trails, hockey rink, and other issues. Mayor Peterson stated that the Council was having difficulty scheduling a work session when all members would be available, but that they would as soon as possible. White asked if there would be a park tour this summer. Gappa stated there would not be a summer tour this year. PLANNING COMMISSION COMMENTS —DAVID RAHN, REPRESENTATIVE None. PUBLIC COMMENTS • Mr. Miller stated that he had concern about the ability of the project manager hired for the Long Lake Fire Station. The building elevations were not properly done; the ground either sloped toward the building foundation or was flat. He stated rainwater would seep into the foundation and damage the building. He stated it was just a matter of time before the fire station had water inside. He hoped someone would be held accountable. Mr. Miller also stated that the wetland elevations were not designed properly with poor outlets and inlets. He stated that the City website does not give proper instructions for taking care of buckthorn. He felt that lighting was not designed with sensitivity toward the neighbors because the fixtures are too bright. • 2 ORONO CITY COUNCIL MEETING MONDAY, MAY 12, 2003 . ZONING ADMINISTRATOR'S REPORT *3. #2506 Edward Hamm, 465 -485 Orono Orchard Road — Reconfirm Approvals— Resolutions No. 4972 and 4973 White moved, and Nygard seconded, to adopt Resolution No. 4972, confirming the City Council of the City of Orono previously adopted a Resolution Granting a Conditional Use Permit for Property at 465 -485 Orono Orchard Road South on August 23, 1999 as Resolution No. 4335, the original of which Resolution was given to the applicant for execution and either lost or destroyed; and, the City Council and applicant wish by this resolution to reconfirm the prior City Council Resolution. Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to adopt Resolution No. 4973, confirming the City Council of the City of Orono previously adopted a Resolution Granting Approval for Sewer Connection for Property at 465 -485 Orono Orchard Road South on April 12, 1999 as Resolution No. 4271, the original of which Resolution was given to the applicant for execution and either lost or destroyed; and, the City Council and applicant wish by this resolution to reconfirm the prior City Council Resolution. Vote: Ayes 3, Nays 0. 4. #02 -2840 Dahlstrom Development LLC, 2550 Wayzata Boulevard West— Review and Approve Development Agreement— Ordinance No. 225, 2 "d Series Gaffron stated that on April 28th, Council adopted Resolution No. 4955 Approving the Plat of Stonebay. A consensus had been reached on the majority of issues, but Council was to discuss whether a right - in/right -out access for Outlot A (commercial outlot at NW corner of Willow and 12) should be allowed on a permanent basis. Gaffron stated that Council could: 1. not address the issue until a future date and omit any language from the PUD -4 Agreement that would prohibit or approve the access; 2. add language that allows such access subject to final site plan review in the future; 3. retain current draft language that prohibits such access. Gaffron stated that, while right - in/right -out access was possible according to the City Engineer, it was long ago established that no direct access was intended to that part of Highway 12, and that direct access to Willow Drive from the SE outlot was also not intended due to the issue of stacking distance and impact to traffic flow on Willow. The applicant, Steve Johnston stated that they would like to put in the right - in/right -out access opposite the entrance to Otten Bros. They will have three lanes of traffic on Willow, and the right - in/right -out would be off the right -hand turn lane. In peak hours, they would have 19 trips per hour, and expect a 50% increase over the next 20 years. They have stacking distance from the light at Highway 12, to the commercial outlot, that • ORONO CITY COUNCIL MEETING MONDAY, MAY 12, 2003 4. #02 -2840 Dahlstrom Development LLC, 2550 Wayzata Boulevard West— • Review and Approve Development Agreement — Ordinance No. 225, 2nd Series — Continued is 240' long. They could stack about 20 minutes worth of traffic, and stacking is not an issue. They would either like approval, or to remove the language from the developer's agreement so that the issue could be discussed when the plans come for approval in the future. He stated that he had an issue with the sewer /water /drainage fee credits language in item 2 of the developer's agreement. It listed specific amounts and he felt there could be minor changes in the amounts. He suggested the item state that "the engineer will verify the amounts." Nygard stated he approved of the right - in/right -out plan. White agreed, but felt it should be left for discussion to see how it fits into the overall plan. White moved, and Nygard seconded, to approve the language of the Planned Unit Development No. 4 Agreement between the City of Orono and Dahlstrom Development LLC, subject to incorporating appropriate language reflecting the Council's direction regarding the Willow Drive access to Outlot A, and the sewer /water /drainage credits; and to authorize the Mayor to execute the final PUD No. 4 Agreement upon its completion. Vote: Ayes 3, Nays 0. Mayor Peterson moved, and Nygard seconded, to adopt Ordinance No. 225, 2nd Series entitled "An Ordinance Amending the Municipal Code of Orono and Amending the Official Zoning Map By Rezoning Certain Property Within Outlot B, Willow Properties Addition, Hennepin County, Minnesota From RR -1B Single Family Rural Residential District to PUD/RPUD Residential Planned Unit Development District or to PUD/RR -1B Rural Residential Zoning District and Adding Section 10.53, Subdivision 11 Regarding Planned Unit Development No. 4— File #02- 2789/02 -2840. Vote: Ayes 3, Nays 0. 5. #03 -2880 Fred Johnson, 1926 Fagerness Point Road — Variance — Resolution No. 4974 Mayor Peterson stated Item 5 was removed from the Consent Agenda so that a Council Member could vote against it. White moved, and Mayor Peterson seconded, to adopt Resolution No. 4974 granting after - the -fact variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55, Subdivision 8 to permit the construction of a second -story deck within • 4 ORONO CITY COUNCIL MEETING MONDAY, MAY 12, 2003 • 5. #03 -2880 Fred Johnson, 1926 Fagerness Point Road—Variance—Resolution No. 4974 — Continued 75' of the Lake Minnetonka OHWL where no structure is normally allowed; a variance to Section 10.03, Subdivision 14(C) for lot coverage by structures of 1650 s.f., in excess of the 1500 s.f. normally allowed; a variance to Section 10.56, Subdivision 16(C)(6) to permit a 5' encroachment of the average lakeshore setback/ and a variance to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(1) to permit 2,115 s.f. (26.4 %) of hardcover within the 75' lakeshore setback where only 2,079 s.f. (26 %) of hardcover had previously been approved. Vote: Ayes 2, Nays 1 ( Nygard). *6. #03 -2881 Curtis & Kathleen Midthun, 2941 Casco Point Road— Variance- Resolution No. 4975 White moved, and Nygard seconded, to adopt Resolution No. 4975 granting a variance to Municipal Zoning Code Section 10.22, Subdivision 2, and 10.56, Subdivision 16(L)(2) to allow hardcover in the 75 -250' zone in excess of the 25% allowed by code for the construction of additions to the existing residence on the property, and a variance to Municipal Zoning Code Sections 10.22, Subdivision 1(B) and 10.56, Subdivision 16(C)(6) to allow encroachment of the average lakeshore setback where no such encroachment is normally allowed. • Vote: Ayes 3, Nays 0. L� *7. #03 -2882 Orono Baseball Association, 1030 Old Crystal Bay Road North — Conditional Use Permit Renewal — Resolution No. 4976 White moved, and Nygard seconded, to adopt Resolution No. 4976 approving renewal of a Conditional Use Permit per Section 10.20, Subdivision 3 to permit partial use of Lot 3, Block 1 for outside storage use. Vote: Ayes 3, Nays 0. 8. #03 -2886 Dr. Dennis & Diane Killian, 1300 Spruce Place— Variances Chaput stated that the applicant was requesting variances to permit new construction on the property farther back on the property requiring variances for lot area, hardcover within the 0 -75' and 75 -250' lakeshore setback zones, grading and filling within 75' of the ordinary high water and placing fill in the bluff impact zone. The Planning Commission recommended approval with a number of conditions: 1. Grading plans must illustrate proposed contours between house and street, 2. Plans should show the proposed driveway location and grades that do not exceed 10 %, 3. Site grading between this parcel and 1280/1290 Spruce Place lots should be coordinated, 5 ORONO CITY COUNCIL MEETING MONDAY, MAY 12, 2003 8. #03 -2886 Dr. Dennis & Diane Killian, 1300 Spruce Place — Variances — Continued • 4. Erosion control should be installed, inspected and approved prior to any work on the site, and 5. No additional hardcover for landing, patios, etc. will be permitted beyond what is proposed in the plan. Chaput stated that staff recommended approving the lot area, hardcover in the 0 -75' setback zone, grading within 75' of the OHWL, and filling in a bluff impact zone with the conditions noted. Staff could not recommend the requested hardcover in the 75 -250' setback zone exceeding 25 %, since it is the City's policy that new construction meet this standard. JoEllen Hurr stated that she felt the Planning Commission was in favor of the variance. The Planning Commission stated that the hardship was the shape of the lot, because it is triangular with a small area in the 75 -250' setback zone. The neighbors had attended the Planning Commission meeting in favor of the application, and though not present, JoAnn stated they wanted Council to know they supported the Killians. The Killian's architect presented slides to Council and argued that the properties along Lake Minnetonka tend to be rectangular with 50' of lakeshore, where the Killian's lot is triangular. He was trying to work sensitively with the land. The current house is mostly • within the 0 -75' setback zone and within the bluff impact zone. The lot has a bluff on the lakeside of the lot, causing water to run down without much filtering, increasing erosion on the hillside and drainage into the lake. They proposed to move the house back, entirely within the 75 – 250' setback zone, increasing the distance between the house and the lake. They will also be decreasing the driveway to reduce hardcover. He stated that if the lot were the same size, but a rectangular shape, they would not have need for a variance, but the narrowing at the street side of the lot creates the hardcover issue. The architect stated that according to code, a hardship must be unique to the land, and strict enforcement must be unfair to the owner, and a variance must be in line with the Comprehensive Plan. He stated that the lot is similar to others in the neighborhood in terms of land size, but not shape, making it unique. Granting the hardcover variance would not alter the character of the property. Cost was not a factor in the applicants seeking the variance, as new construction would cost more than a remodel. The hardship, lot shape, applies specifically to the Killian's lot, and is not a general characteristic of the area. Granting the variance would not be contrary to the Comprehensive Plan since they would be reducing hardcover in the 0 -75' zone. The variance would alleviate the hardship. He stated that the Planning Commission agreed with the hardship, though staff did not. C 2 ORONO CITY COUNCIL MEETING MONDAY, MAY 12, 2003 • 8. #03 -2886 Dr. Dennis & Diane Killian, 1300 Spruce Place — Variances — Continued Mayor Peterson asked Barrett about the hardship. He replied that many lots with wetlands could claim hardship based on the precedent of the shape of their available buildable land based on the precedent of this application. There is also adequate space on the lot to build a house without the variance. He therefore was against it. Gaffron stated he agreed with Barrett. The goal was to protect the bluff over the lake and meet the setback issue. The City has been consistently denying hardcover variances for new construction for several years. Lot shape was not compelling as the only hardship. The architect stated that the Killians could remodel the current house, keeping a significant amount of hardcover in the 0 -75' zone, and the current plan would be more conscientious. JoEllen Hurr stated that Shane and Missy Grude were approved for 65.6% hardcover in the 75 -250' zone for a remodel on April 14, 2003 at 1270 Spruce Place. Gaffron replied that the Planning Commission struggles with the issue of fairness, but rebuilds are held to a higher standard than remodels. The architect stated that the proposed house would be tucked back into the trees, further increasing percolation of water runoff —a vast improvement. is White stated that he agreed the plan was an improvement, but that he couldn't grant the variance because of the precedent it would set. The builder stated the lot shape was a unique hardship. White responded it was not enough of a hardship, like the wetland areas where buildable land is reduced. Gary Peterson of Coldwell Banker in Wayzata stated that he was familiar with an application that was granted a hardcover variance for 30% in the 75 -250' zone for a 1 -%2 acre site with 140' of lakeshore in 1999 or 2000. Gaffron stated that he did not remember the application. White stated he also did not remember any such cases. Gaffron stated the City had adopted a stricter approach three or four years ago, with the Bachman application. Nygard stated he liked the application and had no problem with it. The builder stated he had worked to reduce hardcover already by stacking the garage, shortening the driveway, and reducing the square footage of the house. He stated he had already worked with staff several times to find the best design. is JoEllen Hurr stated the applicant would like to table the application. 7 ORONO CITY COUNCIL MEETING MONDAY, MAY 12, 2003 8. #03 -2886 Dr. Dennis & Diane Killian, 1300 Spruce Place — Variances — Continued • Mayor Peterson moved, and White seconded, to table Item #03- 2886,1300 Spruce Place. Vote: Ayes 3, Nays 0. MAYOR/COUNCIL REPORT None. PUBLIC SERVICE DIRECTOR'S REPORT *9. Bridge Replacements Mn/DOT Variances — Resolutions No. 4977, 4978, and 4979 White moved, and Nygard seconded, to adopt Resolution No. 4977 prioritizing replacement of bridge structures. Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to adopt Resolution No. 4978 requesting a variance from Minnesota Rules for Stated Aid Operations Chapter 8820 —West • Ferndale Road Bridge. Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to adopt Resolution No. 4979 requesting a variance from Minnesota Rules for State Aid Operations Chapter 8820 —Fox Street Bridge. Vote: Ayes 3, Nays 0. CITY ADMINISTRATOR'S REPORT *10. Pay Request— Navarre Fire Station White moved, and Nygard seconded, to approve the request for payment in the amount of $3,670.00 to Constructive Ideas, to be funded from the Navarre Fire Station Construction Fund. Vote: Ayes 3, Nays 0. 0 • ORONO CITY COUNCIL MEETING MONDAY, MAY 12, 2003 • *11. Appointment of Kyle Russeth to Full -Time Police Officer Position White moved, and Nygard seconded, to hire Kyle Matthew Russeth for the position of police officer for the City of Orono at the beginning pay rate of $18.62 per hour beginning May 13, 2003. Vote: Ayes 3, Nays 0. *12. Appointment of Paul Theisen to Part -Time Police Officer Position White moved, and Nygard seconded, to hire Paul Anthony Theisen for the position of part -time police officer for the City of Orono at the Step 2 pay rate of $15.26 per hour beginning May 13, 2003. Vote: Ayes 3, Nays 0. *13. Accept Donation from State Bank of Long Lake and North Tonka Crime Coalition White moved, and Nygard seconded, to accept the $2,000 State Bank of Long Lake Donation to the Police Department for the purchase of EMDs; and to accept the $2,000 North Tonka Crime Prevention Coalition Donation to the Police Department for the purchase of EMDs. Vote: Ayes 3, Nays 0. • *14. Personnel Matter • White moved, and Nygard seconded, to approve the staff recommendation regarding the personnel matter. Vote: Ayes 3, Nays 0. 15. Accept Resignation —City Planner Wendy Bottenberg Barrett asked. for an Executive Session to discuss Item 15. *16. Budget Amendments for Year 2002 White moved, and Nygard seconded to approve the 2002 budget amendments for the General and Special Revenue Funds as presented, effective December 31, 2002; to approve the carryover of the $10,500 from the 2002 Police Department budget to the 2003 Police Department budget to fund capital related items as presented in the December 9, 2002 Council agenda; to approve an advance of $45,500 from the General Fund to the Affordable Housing Grant/Loan Fund, and an advance of $8,000 from the General Fund to the 2001 Senior Housing TIF Construction Fund, effective December 31, 2002. Vote: Ayes 3, Nays 0. 0 ORONO CITY COUNCIL MEETING MONDAY, MAY 12, 2003 *17. Consider Refunding 1992 Sewer Bonds White moved, and Nygard seconded, to authorize staff to work with Ehlers and Associates, Inc. to solicit proposals for the sale of $885,000 General Obligation Sewer Improvement bonds, and report the results to the Council for consideration at it's meeting of May 27, 2003. Vote: Ayes 3, Nays 0. CITY ATTORNEY'S REPORT None. *18. LICENSES Limited Leghold Trap Permit 1. Morris & Dorothy Levy 2425 North Shore Drive One -Day Gambling Permit — Resolution No. 4980 1. Minnesota State Horticultural Society Great Minnesota Plant Swap Otten Brothers Nursery and Landscaping June 7, 2003, 7:00 a.m. – 3:30 p.m. White moved, and Nygard seconded, to approve the above listed licenses, and to adopt Resolution No. 4980 approving the Minnesota State Horticultural Society for a One -Day Minnesota Lawful Gambling Exempt Permit. Vote: Ayes 3, Nays 0. *19. BILLS White moved, and Nygard seconded, to approve payment of the All Funds Account. Vote: Ayes 3, Nays 0. 10 0 • • ORONO CITY COUNCIL MEETING MONDAY, MAY 12, 2003 • ADJOURNMENT Council went into Executive Session at 8:08 p.m. ATTEST: inda S. Vee, City Clerk • • 11 Barbara A. Peterson, Mayor