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HomeMy WebLinkAbout03-08-1999 Council Minutes• ROLL is ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8, 1999 The Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson, and Richard Flint. Bob Sansevere arrived at 8:00 p.m. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Assistant Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Lanette Wolf. Mayor Jabbour called the meeting to order at 7:00 p.m. ( #1) CONSENT AGENDA Items 5, 6, 7, 8, 9, 11, 12, and 13 were added to the Consent Agenda. Flint moved, Peterson seconded, a motion to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF FEBRUARY 22,1999 Flint moved, Peterson seconded, a motion to approve the Minutes of the Regular City Council meeting of February 25, 1999, as submitted. VOTE: Ayes 4, Nays 0. (Park Commission comments follow Item #4.) PLANNING COMMISSION COMMENTS - Lili McMillan, Representative None PUBLIC COMMENTS None (Items #3, 4, and 5 follow the Mayor and Council report.) MAYOR AND COUNCIL REPORT Mayor Jabbour noted that the Council members received a copy of a letter from Barry Petit, Mayor of Wayzata, to Tom O'Keefe and Patti Loken, Mn/DOT regarding the preliminary layout for the Trunk Highway 12 improvement project. Jabbour said that he recently met with Tom O'Keefe to discuss a wider bridge for the Trunk Highway 12 project. The City's comments on the preliminary layout for the project are due on March 23rd. There will be a meeting with the County and Mn/DOT on March 18th. Page 1 F OItONO CITY COUNCIL MEETING MINUTES FOR MARCH 8,1999 ZONING ADMINISTRATOR'S REPORT ( #3) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - PRELIMINARY PLAT APPROVAL - DEVELOPER'S AGREEMENT Bill Gleason, representing Brook Park Realty/Tonka Ventures, was present. Van Zomeren presented the staff report. She noted that there are blank spaces in the subdivider's agreement for the dates of revised plan documents to be inserted. She said the applicant would like to build a model home before the road improvements have been completed. Van Zomeren said that Mike Gaffron met with Ceil Strauss, DNR hydrologist. Strauss feels that wetland filling has occurred on the property and there is some restoration that needs to be done. Jabbour asked staff how the City can be sure the restoration is completed. Gaffron said the DNR has not come to a conclusion as to how much area has been filled and needs to be restored. He said they also have not reached a conclusion on whether the driveway that goes through the middle of the wetlands needs to be removed. He said they did not talk about the cost of the restoration. • Van Zomeren said the remaining issues that need to be addressed are the dates in the agreement, the model home and the wetland restoration. She said the agreement makes it clear that the City wants the restoration to occur. 0 Jabbour asked if a letter of credit would be appropriate for the wetland restoration. Moorse said that normally the City's Consulting Engineer does an estimate of the costs for letters of credit. The applicant and the City's Engineer should discuss the costs of the wetland restoration, and add the cost to the letter of credit. Flint asked for the developer's position on the landscape recommendations made by Dahlgren Shardlow and Uban. Flint feels the recommendations would help soften the appearance of the development. Bill Gleason, representing Tonka Ventures, said he can accept most of the recommendations, but he would like to complete a landscape plan and submit it to the City for approval. He is concerned about the recommendations to rip rap the NURP basin and for a landscaped island in the cul -de -sac because of maintenance issues. Jabbour asked if the purpose of the landscaping design is to protect the neighbors. Page 3 ORONO CITY COUNCEL MEETING MINUTES FOR MARCH 8,1999 ( #3) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - Continued Moorse responded that a significant amount of the landscaping is to screen the neighbors; however, the residents in the northern units will look down on a large expanse of driveway and the overstory trees are recommended to provide screening for those residents. Kelley said he would not be comfortable approving this application until all of these issues are resolved. Barrett said the structure of the proposal to settle this matter requires that the applicants give up their lawsuit in exchange for the subdivider's agreement. With respect to the landscaping plan, on page 8, it says that the subdivider shall submit a plan and the plan shall be reviewed by the City's consultant and approved by the City Council prior to a certificate of occupancy being issued. Barrett understands that the applicant has agreed to those terms, so the City Council has ultimate control over the disposition of the landscaping plan. Kelley asked what could be done if the City was not in agreement over the landscape plan. Barrett said the City is empowered by the subdivider's agreement not to issue a certificate of occupancy. Kelley asked if the City could hold up occupancy for six months. Barrett said yes, the City has very strong authority with the subdivider's agreement. • Jabbour asked if the City would be justified to complete the landscaping and assess it to the project. Barrett said if the Council is interested in that option, it should be incorporated in the subdivider's agreement. Gleason said he would like to submit a landscaping plan, get it approved by the City and install the landscaping at the appropriate time. Jabbour would like to broaden the language in the letter of credit or the escrow agreement so the money for the street could be used for the landscaping. Gleason said he would be securing funds for the landscaping. He feels that when he applies for final plat approval, that is the time to get the landscaping plan approved. Jabbour said he shares Kelley's concerns and he hopes the developer will work with the City to resolve the issues. 0 Page 4 w ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8.1999 • ( 0) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - Continued Flint said he raised the landscaping issue to ascertain whether the City and the developer are close to agreeing on a plan, but he felt a number of the suggestions made would help to soften the appearance of the development. Flint said he was satisfied with Gleason's response. Gleason said he needs to take the City's suggestions and put together a plan for the City to review. He said most of the suggestions seem to be okay, but he is concerned about the rip rap and the island cul -de -sac. Flint said the Council was concerned about the amount of building and black top and anything the developer can do to soften the appearance will help. Jabbour said he did not think the City would require the rip rap. Kelley said he did not think the island in the cul -de -sac would be a good idea. Van Zomeren said it was not stafrs intention that the island in the cul -de -sac would be required. Jabbour asked if the City Attorney was comfortable with the language of the agreement. • Barrett said he is comfortable that the subdivider's agreement addresses the issues that have been raised by the Council. He stated that the approval of the preliminary plat is not complete until the lawsuit has been dismissed. Barrett is working with the applicant's counsel to get the lawsuit dismissed. Jabbour recommended that the following language be added to the agreement: "No easement can be granted without the City Council's approval." Barrett asked if Jabbour wants the agreement amended to include a provision that prevents easements. Jabbour said there should be boiler plate language in any subdivision that there will be no easements granted without Council approval. Barrett said, in this case, the Council is dealing with a PUD and variances from that zoning require an application before the Council. Jabbour said he is concerned about an easement that is being granted to a neighbor for a driveway. Barrett asked the developer if an easement had been granted to the neighbor for a driveway. Page 5 op ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8, 1999 ( #3) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - Continued • Gleason said the neighbor has been told he would be given an easement, but it has not been done yet. Barrett asked the developer if there are any other easements that will be granted.. Gleason said no. Jabbour said there should be a conservation easement over the wetland. Kelley asked if the developer is planning to install street lights. Gleason responded that street lights will be installed. Kelley asked what the height of the lights will be. Gleason said the lights will meet the City's requirements. Kelley said he is concerned that the lights will be too tall and will not be appropriate for a residential area. He would like to see the lighting plan because he would prefer lower poles and more lights. Gappa said the lighting plan and the landscaping plan will be presented to the Council for • approval. Gleason said he is concerned that the estimates by Gappa on which the letters of credit will be based are too high. He would like to base the letters of credit on actual bids, not on the City's estimates. Kellogg said the estimates are based on actual bids placed on projects in the community over the past two years. Jabbour said the developer and the City Engineer should resolve this issue together. Gleason said he is concerned about the Plan B Improvements Construction Security as it pertains to the street to be built in the future. He would like a time limit so they are not required to maintain a letter of credit for an indefinite period of time. Kelley agreed with Gleason because the letter of credit may not be valid if the development company is no longer in existence. Jabbour said the City will call the letter of credit if it is not renewed. He said the street may never be built. He asked for staff's recommendation. 40 Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8, 1999 • ( #3) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - Continued Moorse said staff has been talking about other options for financial security including putting funds in escrow rather than a letter of credit. Jabbour asked if it could be a liability of the homeowners'. association. Barrett said staff has discussed it, but the homes would have to be sold with a built -in waiver of assessment appeal. Gleason said it would be difficult to sell the homes that way. The developers are willing to set the money aside, but there should be a time limit set and either the road is built or the City takes the money. Jabbour asked if the developer and the other Council members would approve escrowing 100% of the value of the road for five years. If the road has not been built, the City would keep the money and the developer would no longer be responsible for building the road. Gleason said that would be acceptable. The Council members indicated this was acceptable to them. • Gleason asked if the Council would allow them to build a model home building prior to the road improvements being completed. 0 Jabbour asked if staff had any problems with the model home being built. Van Zomeren said staff did not have a problem with it, but wanted to know which building the developer wanted to use as the model home. Gleason said it would be the one closest to Livingston. Sansevere arrived at 8:00 p.m. Jabbour said he could approve the model home closest to Livingston. Kelley asked if construction of the model home would be started after final plat approval. Gleason said the model home would not be started until the final plat has been approved and recorded and the letters of credit are in place. Flint referred to page 6 of the subdivider's agreement. He questioned whether "50% of the cost" on the third line should be 150 %. Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8, 1999 ( #3) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - Continued • Moorse explained that 50% is correct, but indicated the language will be revised to make it more clear. Kelley moved, Peterson seconded, a motion to approve the Subdivider's Agreement between the City of Orono and Brook Park Realty LLP/Tonka Ventures, 3700 -3760 Shoreline Drive. VOTE: Ayes 4, Nays 0. Sansevere abstained. (#4) #2453 JOHN ERICSON, SR., 1620 SHADYWOOD ROAD - VARIANCES - DENIAL RESOLUTION NO. 4247 Kelley moved, Sansevere seconded, a motion to adopt Resolution No. 4247 Denying Variances Per Municipal Zoning Code Section 10.22, Subdivision 1(A) and (B); Section 10.22, Subdivision 2; Section 10.56, Subdivision 16(L)(1); and Section 10.56, Subdivision 16(C)(6), File #2443. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - Sherokee Isle, Representative Isle told the Council members that there will be a gathering on April 26, 1999 to honor the volunteers. She said the March for Parks event will be held on May 2, 1999. The funds raised will go into the Park Department budget. Last year some of the funds raised went toward a basketball court in the Crystal Bay area. • (* #5) 1999 JOINT USE DOCK LICENSES Flint moved, Peterson seconded, a motion to adopt Resolutions No. 4248 through 4254, directing staff to issue joint use dock licenses to Big Island Inc., Bohns Point/North Shore Homeowners, Forest Arms Homeowners Association, Fox Hill Homeowners Association, Minnetonka Power Squadron, Pheasant Lawn Homeowners Association, and Walters Port Maintenance and Improvement Association for the period of January 1, 1999 to December 31, 1999. VOTE: Ayes 4, Nays 0. MAYOR AND COUNCIL REPORT - Continued Sansevere reported that he received an e -mail message from a resident questioning the number of vehicles that are allowed to be parked on a property. In particular, the resident is concerned about recreational vehicles and disabled vehicles. The resident feels that the City puts many restrictions on new home construction and that there should be some restriction on existing properties as well. Jabbour said that the City has a boat storage ordinance. He asked staff to summarize the rules regarding storage on residential property for the Council. Lili McMillan suggested that staff place a reminder regarding storage in the City's newsletter. • Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8, 1999 • MAYOR AND COUNCIL REPORT - Continued Flint said the City should enforce the rules when there are complaints from citizens. Moorse said the staff does respond to complaints. He said the City does not have a housing ordinance that requires residents to keep houses from becoming dilapidated. Jabbour said that if someone is actually working on cars in a professional manner, it would fall under the home occupation ordinance and would be regulated. Sansevere said he received a call from Dave Peterson who would like the City to look into metering private wells. Peterson feels his mother's sewer bill is too high for a single, elderly person. Jabbour said it would be very expensive to install the meters and hire the staff to read the meters. Moorse said it would not be cost efficient. He commented that there is no special rate for a senior citizen. Mayor asked if the sump pump inspections are being done. • Moorse said inspections have been done in some areas of the City and very few violations were found. is Jabbour said that members of the Metropolitan Council are up for reappointment. He suggested that the City send a letter to encourage the nominating committee to reappoint Mary Hill Smith and Martha Head to the Metropolitan Council. Jabbour moved, Kelley seconded, a motion directing the City Administrator to contact Martha Head and Mary Hill Smith and if they still want to serve on the Metropolitan Council, to send a letter to the head of the nominating committee encouraging the reappointment of Mary Hill Smith and Martha Head. VOTE: Ayes 5, Nays 0. ENGINEER REPORT ( *#6) ORDER PREPARATION OF A FEASIBILITY REPORT FOR BALDUR PARK SANITARY SEWER PROJECT - RESOLUTION NO. 4255 Flint moved, Peterson seconded, a motion to adopt Resolution No. 4255, a Resolution Ordering Preparation of Report on Baldur Park Sanitary Sewer Improvements. VOTE: Ayes 4, Nays 0. Page 9 ow ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8,1999 ( * #7) REQUEST FOR PAYMENT #1- LIFT STATION 13 REHABILITATION • Flint moved, Peterson seconded, a motion to approve Request for Payment #1, to GHT Construction, Delano, MN in the amount of $63,148.67. VOTE: Ayes 4, Nays 0. ( *#8) CHANGE ORDER #1- NAVARRE WATER TREATMENT PLANT REHABILITATION Flint moved, Peterson seconded, a motion to approve Change Order #1 in the amount of $5,500 for painting of the ceiling in the Navarre water treatment plant. VOTE: Ayes 4, Nays 0. ( *#9) BID AWARD -1999 MATERIALS AND EQUIPMENT Flint moved, Peterson seconded, a motion to accept the 1999 Bid Tabulations for Street Material and Equipment Rental. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( #10) PLANNING COMMISSION REAPPOINTMENTS Jabbour said he was informed today that Lih McMillan has decided not to serve another term on the Planning Commission. He said that recently the Planning Commission has had a • difficult time having a quorum for the meetings. He feels that the Planning Commission should think about meeting twice a month. He said he is very grateful to everyone that is willing to serve the City. He recommended that staff contact the Planning Commission members whose terms will be expiring and ask them if they can allocate enough time to attend the meetings. Kelley moved, Peterson seconded, a motion to table the appointments for the Planning Commission. VOTE: Ayes 5, Nays 0. Kelley suggested that the Council members solicit citizens that would be qualified to serve on the Planning Commission. ( * #11) MARCH FOR PARKS EVENT - RESOLUTION NO. 4256 Flint moved, Peterson seconded, a motion to adopt Resolution No. 2456, a Resolution Establishing May 1- 2,1999 as March for Parks Weekend. VOTE: Ayes 4, Nays 0. • Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8,1999 ( * #12) PURCHASE OF DEFIBRILLATORS Jabbour complimented staff on seeking donations for the defibrillator units. Flint moved, Peterson seconded, a motion to accept the donation of three Survivalink defibrillator units and authorize the purchase of two Survivalink automated external defibrillators for a total cost of $4,210.00; and to amend the 1999 budget to reflect the expenditure. VOTE: Ayes 4, Nays 0. ( * #13) AUTHORIZE FUNDING FOR PURCHASE OF SAGA HILL PARK LAND Flint moved, Peterson seconded, a motion to authorize the expenditure of up to $123,300 for the purchase of the additional 8.3 acres of open space property to be acquired in the Saga Hills area, $75,000 of which is to be reimbursed through the Natural and Scenic Area Grant; and to amend the 1999 Park Fund Budget to reflect this expenditure. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett requested an executive session to discuss pending litigation. ( * #14) LICENSES • Flint moved, Peterson seconded, to approve the following licenses. VOTE: Ayes 4, Nays 0. GARBAGE AND REFUSE COLLECTOR'S LICENSE BFI of North America, Inc. 9813 Flying Cloud Drive Eden Prairie, MN 55347 RESIDENTIAL KENNEL LICENSE Willi Hoyer and H. Zohara 565 Hanlon Avenue Jayne Paasch 2150 Kenwood Way Greg and Nancy Truchinksi 1580 Fox Street SET -UP LICENSE Don Scherven Navarre Lanes, Inc. • 3435 Shoreline Drive Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 8,1999 (*#14) LICENSES - Continued SPECIAL EVENT PERMIT Clyde Gates Foot Race on Luce Line April 10, 1999,8:30 a.m. - 10:30 a.m. ( * #15) BILLS Flint moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Jabbour moved, Flint seconded, a motion to adjourn the meeting at 8:40 p.m. VOTE: Ayes 5, Nays 0. ATTEST: 0 J • Linda S. Vee, City Clerk Gabrie abbour, Mayor n U Page 12