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HomeMy WebLinkAbout09-24-2007 Council Minutesti. • ROLL • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 24, 2007 7:00 o'clock p.m. The Orono City Council met on the above - mentic James White, Council Members Jim Murphy, Cyl Attorney Soren Mattick; Representing Staff were Administrator for Long -Term Strategy Mike Gaff City Engineer Tom Kellogg, and Recorder Jackie Mayor White called the meeting to order at 7:00 CONSENT AGENDA 1. APPROVE /AMEND Items 3, 5, and 13 were added to the Consent White moved, Bremer seconded, to approve t] Nays 0. PLANNING COMMISSION COMMENTS — Kang stated she has nothing to report but would LMCD REPORT — Andrew McDermott, Rep McDermott reported on the activities of the undertaken to identify all of the types of ve] information will be compiled into a Lake V ;d date with the following members present: Mayor iia Bremer, Lili McMillan, and David Rahn; City ty Administrator Ron Moorse, Assistant City n, Planning and Zoning Coordinator Melanie Curtis; oung. clock p.m., followed by the Pledge of Allegiance. Consent Agenda as amended. VOTE: Ayes 5, KANG, REPRESENTATIVE available for questions. A study by the Army Corps of Engineers is being in Phelps Bays, Carmens Bay, and Grays Bay and the n Management Plan. McDermott stated the public inspection program is still ongoing and is helping to remind boaters to ensure that their boats are free of weeds, with monitor sites being located at Grays Bay, Maxwell Bay, North Arm and Spring Park. Approximately 7800+ inspections have been conducted at those sites this past year. I McDermott reported the LMCD has adopted their +budget for 2008, which has a 5.8 percent increase. No additional money has been put into reserves for replacement of the harvesters in 2008, which will need to be addressed in the 2009 budget. The LMCD is also doing more code enforcement on docks. McDermott noted there have been issues that have been ongoing in the Greenwood area regarding docks. McMillan inquired how many new harvesters the McDermott indicated it has been a couple of year McDermott reported there has been a considerabl McMillan suggested the residents be educated on which ones are harmful and should be removed. currently has. rs since the LMCD has purchased any harvesters. e amount of turnover on the LMCD in the past year. type of weeds that are beneficial to the lakes and PAGE 1 of 10 AIEWTES OF THE ORONO CITY COUNCIL MEETING Monday, September 24, 2007 7:00 o'clock p.m. • (LMCD REPORT, Continued) Murphy inquired about the dock slip for the fire boat. Moorse stated a slip can be installed whenever the City decides to install it. Moorse noted the City has already taken all of its docks out for the year and that it is unlikely the dock for the fire boat would be installed this year. Bonestroo has completed the surveying and the corner markers are installed. Murphy stated he just wanted to make sure that the slip has been approved and that there are no outstanding issues. Dave Runkle, Orono resident, reported approximately 30 percent of Carmens Bay this year was filled in with weeds and that the harvesting operation has basically been ineffective in his opinion. Runkle stated Carmens Bay was also included in the milfoil experiment, which in his view produced very disappointing results. Rahn stated in his opinion this year was one of the worst years for milfoil and that it seemed to come in earlier than previous years. McDermott stated they have harvested approximately the same amount as last year. Runkle stated in his opinion the harvesting should be done more than twice a year or other options should be pursued for control of the milfoil. • McMillan stated unfortunately the phosphorus and soil settles down at the bottom of the lake, which helps to create an ideal growing spot for the milfoil and weeds. McMillan commented that mild winters and low water levels also contribute to the problem. White recommended Runkle continue to attend the meetings on the milfoil eradication and to let the City know if there are any steps they can take to help address the problem. McDermott noted the LMCD is limited by the DNR in the types of chemicals that it can use for weed control PUBLIC COMMENTS This item follows the Mayor /Council Report. PAGE 2 of 10 is N, U C] • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 24, 2007 7:00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT *3. #06 -3191 KAREN FEYO, MARK FUL] STREET — VARIANCE — RESOLUTION NO: White moved, Bremer seconded, to adopt RES Variance for the property located at 4055 Elm AND STACEY NAKAYA, 4055 ELM ON NO. 5664, a Resolution Granting a VOTE: Ayes 5, Nays 0. *4. #06 -3243 RICHARD MARZAN, 2795 PHEASANT ROAD — CONDITIONAL USE PERMIT AND VARIANCES — RESOLUTION NO.5665 White moved, Bremer seconded, to adopt R Conditional Use Permit for Grading within Ayes 5, Nays 0. .UTION NO. 5665, a Resolution Granting a 75' Zone and Variances to Hardcover. VOTE: *5. #07 -3285 ROBBIN AND KRISTINE JOHNSON, 1280 BRACKETTS POINT ROAD — REVISION TO SETBACK VARIANCE — RE SOLUTION NO. 5666 White moved, Bremer seconded, to adopt Resolution No. 5611,1280 Bracketts Point *6. #07 -3293 GEORGE W. STICKNEY ROAD — VARIANCE — RESOLUTION NO. White moved, Bremer seconded, to adopt R Variance to Hardcover for the Property Lo Nays 0. 7. #07 -3303 KLINGELHUTZ DEVEL ROAD — SUBDIVISION: SKETCH PLAN SITE PLAN Terry Schneider, Project Developer, was present. OLUTION NO. 5666, a Resolution Revising d. VOTE: Ayes 5, Nays 0. BRUCE PADDOCK, 1500 BRACKETTS POINT XTION NO. 5667, a Resolution Denying a at 1500 Bracketts Point Road. VOTE: Ayes 5, ENT CO., 2525, 2535, AND 2545 SHADYWOOD PRELIMINARY PLAT AND COMMERCIAL Schneider stated their original plan for this site consisted of office condominiums, which they felt was well suited for that type of development. The challenge has been related to the layout of the buildings. A number of options have been explored and they have discussed the various issues with Staff and the neighbors on how the site should be developed. Schneider stated in his opinion the current housing market should not have a negative impact on this development given the small size of the site. Schneider stated the anticipated tenants for these units would be professionals and would not generate a great deal of traffic. Schneider stated the majority of the site is zoned B-4, with a small section being zoned B -6. The proposed entrance would be off Shadywood Road. Schneider stated the entire site would need to be zoned B-4. PAGE 3 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 24, 2007 7:00 o'clock p.m. (7 #07 -3303 KLINGELHUTZDEVELOPMENT CO., 2525, 2535, AND 2545 SHADYWOOD ROAD, Continued) Schneider stated they have four options for consideration by the City. Schneider displayed the building layouts and the parking configuration for each option. Option A has three buildings consisting of three units in each building. Option B has one less unit for one of the buildings, which has allowed for more variations in the layout of the three buildings. Under Option B, they are able to relocate one of the buildings further away from the residential area. Schneider displayed the layout for Option C, which again consists of two buildings having three units and one building having two units but with the buildings in a different location. Option D also has the two -unit building, with the other two buildings housing three units, and provides a circular parking configuration. Schneider indicated in his opinion Option D is the most workable option. Schneider distributed two photographs and a sketch plan depicting the exterior of the buildings. Schneider stated in their opinion this type of project would be successful at this location. Rahn inquired whether the dormers on the front are cosmetic or whether there is living space up there. Schneider stated the big dormer in the center of the one building does have 1,000 square feet of loft space. Rahn asked if the 12:12 slope was required or more of an architectural feature. Schneider stated the 12:12 slope is basically aesthetic and more closely resembles residential housing to help with transitioning from business to residential. Schneider indicated the pitch could be lowered on • the two buildings but that the one building with the loft space in the middle does require a higher pitched roof. Richard Gay, 2735 Shadywood Road, stated he would prefer Option D and that the neighbors do have a concern regarding the removal of trees and what is being proposed for landscaping. Gay inquired how the environmental concerns and issues with the wildlife are being addressed. Gay also expressed a concern regarding the amount of traffic that would be exiting from this development and inquired what type of steps will be taken to restrict the traffic through the residential area. Gay suggested a lower impact use to the neighborhood be considered for this site. White inquired where Mr. Gay is located in relation to this development. Gay stated he is located near the Narrows Bridge. Andrew McDermott, 2702 Walters Port Lane, expressed a concern regarding this area being zoned commercial and the negative impact it would have on the wildlife and the residential housing in the area. McDermott stated you would not be able to make a left going out onto• Shadywood and that the people would choose to make a right down Lydiard and go down by the grocery store, which in his view would create a problem for the residential area. Gay stated at the end of the street there is Lydiard Beach, which does generate a large number of children and families walking in that area, and the traffic would have a negative impact on that area. • PAGE 4 of 10 • MINUTES OF TEE ORONO CITY COUNCIL MEETING Monday, September 24, 2007 7:00 o'clock p.m. (7. #07 -3303 KLINGELHUTZ ROAD, Continued) CO., 2525, 2535, AND 2545 SHAD YWOOD Schneider stated they have done significant traffic 'studies for this type of clientele and development, and that they have found due to the small size of the project, it would not generate a great deal of traffic and that the tenants and clientele would arrive and leave at various times of the day. Schneider indicated they are sensitive to the trees and are willing to do a significant amount of landscaping to help buffer the area. Schneider noted since this is office space, the space would essentially be empty in the evenings and on the weekends. Schneider stated he is willing to work yvith the City Attorney on stipulations for the development. Murphy stated in terms of the appearance of the buildings, they are attractive and appealing. Murphy expressed a concern regarding the traffic problems! that could be created from this development and the traffic current congestion on Shadywood. Murphy asked Staff what type of residential deve residential has not really been considered for this Gaffron stated back in the late 1970s or early 1980 did not follow lot lines. A conscious decision at tl back area and to create an easement to allow for ac than ideal to go through an office development in c • Bremer indicated she is in agreement with Staff thi proposed and would allow for more green space. I that would be generated from this development an( and Shadywood. Bremer stated given the current 2 the property can be put to and that the City has not expressed a concern that this development might n; developer will be constructing the buildings in pha would be appropriate for this site and why this site was subdivided to create three lots, which L time was made not to change the zoning for the ;ss to a duplex in the back. Gaffron stated it is less ter to access a residential area. Option D is the most ideal of the options being -emer also expressed a concern regarding the traffic the issues already being experienced on Highway 15 ining of this site, there is a limited number of uses that iad very many proposals for this site. Bremer t be viable and that she would like to hear if the Schneider stated their general process is to have one unit sold prior to constructing a building and that the three buildings would not be constructed at once. Schneider stated since these units are condominiums, they tend to have long -term buyers and are fairly stable. Bremer commented the condominium units would available and that this location is not, in her view, Schneider stated there are advantages to owning hoping to reach. McMillan inquired what the height of the e competition from the rental space that is currently appealing. space versus rental, which is the market they are would be. Schneider stated the three -unit building on the back side would have nine -foot ceilings, two stories, and that the roof would add another 11 to 12 feet approximately, for a total of approximately 30 feet. Schneider indicated the height of the structures could be reduced somewhat. McMillan inquired whether any of the units would face the residential area. • PAGE 5 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 24, 2007 7:00 o'clock p.m. (7. #07 -3303 ALINGELHUTZ DEVELOPMENT CO., 2525, 2535, AND 2545 SHADYWOOD ROAD, Continued) Schneider indicated one unit would face the area that is zoned B-4. McMillan suggested the City consider requiring proof of parking rather than having all the parking paved from the outset. McMillan inquired whether any variances would be required. Schneider stated they would need to address how commercial condomium buildings would be treated by the City, which may technically require a variance based on the City's Code. Turner noted the City's zoning code defines each unit as a building, which would need to be addressed. Schneider stated typically it is not considered a lot line in other cities' ordinances and that Orono's language would need to be revised to reflect condominiums. McMillan recommended the applicant develop a landscape plan depicting what trees will be removed and the type of landscaping that would be planted. • Rahn stated he is more receptive to Option D and that the office condominiums would be less intrusive on the residential area since they would not typically be used in the evening hours and on the weekends. Rahn concurred that a landscape plan should be developed and that there will be issues with the traffic generated from the site. White stated the City would not require an environmental review on this type of project and that the City • does not have a formal tree ordinance but they do require a landscape plan. White noted the City would likely require an easement for a trail along Shadywood. White expressed a concern on the negative impact this development would have on the wetlands near Kelley Parkway as well as the issues that would be created with the traffic. Schneider stated as it relates to parking concerns, they could have a professional traffic person conduct a study on this area and have him make some recommendations on steps that could be taken to help alleviate the situation. Schneider stated in his opinion, given the type of clientele for these buildings, it would be easier to control the traffic through the residential area than if the buildings were short-term tenants. Bremer commented there was a good discussion at the Planning Commission meeting that the applicant should also take into consideration when developing his plans. The City Council took no formal action on this item. *8. #07 -3309 MAUREEN BRECKMAN, 2695 CASCO POINT ROAD — VARIANCE RENEWAL — RESOLUTION NO. 5668 White moved, Bremer seconded, to adopt RESOLUTION NO. 5668, a Resolution Granting Variances to the Property Located at 2695 Casco Point Road. VOTE: Ayes 5, Nays 0. • PAGE 6 of 10 • • ORONO CITY Monday, S 7:00 9. REMOVED FROM AGENDA OF THE INCIL MEETING aber 24, 2007 ck p.m. *10. #07 -3311 GEORGE STICKNEY ON BEHALF OF B.P.S. PROPERTIES, LLC, 95 LEAF STREET — FINAL PLAT — RESOLUTION NO. 5669 White moved, Bremer seconded, to adopt RESOLUTION NO. 5669, a Resolution Approving the Plat of Graham Hill Preserve. VOTE: Ayes 5, Nays 0. *11. #07 -3314 MICHAEL INGEMANSEN ON BEHALF OF THE NAVARRE CONGREGATION OF JEHOVAH'S WITNESSES, INC., 3655 TOGO ROAD — CONDITIONAL USE PERMIT — RESOLUTION NO. 5670 White moved, Bremer seconded, to adopt RESOLUTION NO. 5670, a Resolution Amending Resolution No. 5331 and Granting a Variance for the Property Located at 3655 Togo Road. VOTE: Ayes 5, Nays 0. 12. CITY OF ORONO: PROPOSED MUNICIPAL CODE AMENDMENT — AMEND SECTIONS 58 -41 THROUGH 58 -52 AND 58 -71 THROUGH 58 -76 AND ADD SECTION 58 -77 — ORDINANCE NO. 38, THIRD SERIES Gaffron stated the ordinance amendment in front of the Council tonight does not technically require a public hearing since it does not affect zoning and is functionally an amendment of the sections of the code that deal with onsite sewage disposal and the location, design, installation, use and maintenance of onsite sewage treatment systems. Gaffron briefly reviewed the proposed changes to'the existing code as outlined in the September 19, 2007 Planner's Report. The two key elements to the amendment include a building permit being a trigger to a septic upgrade and point of sale compliance language requiring that a system undergo an upgrade at the time the home is sold. Staff recommends adoption of the ordinance McMillan inquired what the difference is to the staff memo. ii a code system and a compliant system. Gaffron stated a code system is an ISTS which meets all the location, design and construction standards of this Code and which is not an "imminent threatjto public health or safety" as defined in Minnesota Rules Chapter 7080. A compliant system is an ISTS which does not meet all the location, design and construction standards of this Code and does meet the three -foot separation requirement, and which is not "failing" or an "imminent threat to public health of safety" as defined in Minnesota Rules Chapter 7080. McMillan moved, Rahn seconded, to adopt ORDINANCE NO. 38, Third Series, An Ordinance Amending Chapter 58 of the Orono Municipal Code by Amending Sections 58 -41 through 58 -52 and 58 -71 through 58 -76 and adding Section 58 -77 Regarding On -site Sewage Treatment and Disposal and to adopt the Summary of Ordinance No. 38, Third Series. VOTE: Ayes 5, Nays 0. PAGE 7 of 10 M0[NUTES OF TBE ORONO CITY COUNCIL MEETING Monday, September 24, 2007 7:00 o'clock p.m. MAYOR/COUNCIL REPORT Bremer reported there was a good turnout at the Belgian Waffle Breakfast held by the Crime Prevention Coalition and the silent auction helped raise a good deal of money, which will be used to help fund equipment for the Orono Police Department. McMillan stated City Clerk Lin Vee and she attended a meeting of the Plymouth Environmental Committee to report on Orono's organics program, which was well received by the people in attendance. White noted the Minnehaha Creek Watershed District will be giving Orono an award next month at their 40th anniversary dinner for Orono's innovation in government, primarily for the project on Big Island. White stated the meeting concerning property livability strategies is scheduled for Friday morning and that the Cities of Long Lake, Spring Park, Minnetonka Beach and Orono will be participating in the discussion. White reported the mayor of Tonka Bay called him last week regarding the development of trails and that he spoke with the county regarding a possible future connection of the trail with Orono and available funding. PUBLIC COMMENT • Janice Kennen, 1223 Arbor Street, stated she resides next to a house that burnt down last year and she has • been informed the hole would be filled in in the near future. Also located on the property is a garage that currently houses a lot of rodents and other wild animals. Kennen requested something be done about the rodents prior to the garage being torn down to prevent the animals from coming onto her property and accessing her house. Kennen indicated she has spoken with Orono's building inspector about possibly gassing the structure. Rahn stated he is aware of other cities going in prior to the building being tom down and spraying for rodents. Kennen noted that a number of domestic animals do frequent that area and that some care will need to be taken to prevent someone's pet from being accidentally sprayed or poisoned. McMillan recommended some mouse traps be set up in the building. Mattick stated the City does have permission from the court to tear down the structure and to do certain work on the property, which is billable to the property owner, but that they do not have permission from the court to bill the property owner any costs associated with the eradication of the rodents and other animals. Mattick indicated he is unaware of the costs associated with gassing the structure but that the City could look into the costs and whether those costs could be assessed against the property owner. CITY ENGINEER'S REPORT None 0 PAGE 8 of 10 • • affiff _:_I_ ORONO CITY COUNCIL MEETING Monday, September 24, 2007 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT *13. REQUEST FOR PAYMENT NO.2 White moved, Bremer seconded, to approve $4,725.68 for the 2007 Seal Coat Project to I FINAL — 2007 SEAL COAT PROJECT t for Payment No. 2 and Final in the amount of Bros., Inc. VOTE: Ayes 5, Nays 0. 14. WAYZATA BOULEVARD/HIGHWAY 12 ROUNDABOUT — RESOLUTION NO. 5671 Moorse stated a resolution of support for the inclu installed at the intersection of Wayzata Boulevard Project, is before the Council tonight for their apps resolutions adopted by the Cities of Long Lake an( White reported on the meeting held at the City of supporting the roundabout was adopted by the W McMillan inquired about the timing for the Moorse stated the roundabout could potentially be intersection is constructed. McMillan asked what will happen after the Murphy stated the resolution is designed to say Murphy moved, Bremer seconded, to adopt RE the Inclusion of a Roundabout as Part of the Ni of Wayzata Boulevard and Highway 12 as part Nays 0. CITY ATTORNEY'S REPORT Mattick stated a development is going to be propo; question on when the letter of credit and other fees project, the developer's lending institution has indi until it is approved. The developer has indicated h not the other fees related to park dedication, storm approved, the developer has asked whether final al payment the next day to enable the developer to su Murphy inquired whether there would be language backing out once final approval is given. on of a roundabout as part of the infrastructure to be nd Highway 12, as part of the Highway 12 Bypass oval. This resolution has the same language as the Wayzata. Lta on the roundabout, noting that the resolution City Council. of the roundabout. in 2008 at the same time the rest of the is passed. the City is endorsing the roundabout. )LUTION NO. 5671, a Resolution of Support for Infrastructure to be Installed at the Intersection the Highway 12 Bypass Project. VOTE: Ayes 5, d for 875 Wayzata Boulevard and that there is some hould be received by the city. Given the size of the ated they will not write any checks for the project would be able to pay the application fee up front but rater and the letter of credit. If the application is mval could be made subject to the City receiving the mit the approval to the lending institution. the resolution preventing the developer from Mattick stated there would be language included in'the resolution stating that the development contract will not be executed until all security is received from the developer. It was the consensus of the City Council to approve that arrangement. PAGE 9 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 24, 2007 7:00 o'clock p.m. *15. LICENSES AND PERMITS GARBAGE HAULER 1. Waste Management of MN 490 Industrial Boulevard Winsted, MN 55395 White moved, Bremer seconded, to approve the above listed license. VOTE: Ayes 5, Nays 0. *16. BILLS White moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Murphy moved, Bremer seconded, to adjourn the meeting at 9:10 p.m. VOTE: Ayes 5, Nays 0. There being no further business to discuss, the meeting was adjourned. ATTEST: Lin a S. Vee, City Clerk 1JU&I, Ja es M. White, Mayor PAGE 10 of 10 • •