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HomeMy WebLinkAbout04-12-1999 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ROLL The Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Richard Flint, and Bob Sansevere. Barbara Peterson was absent. 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) PUBLIC HEARING - ORONO ORCHARDS SEWER PROJECT, 7:02 p.m. - 7:25 p.m. Tom Kellogg presented the staff report. He described the scope of the project. He said part of the project will be directionally bored. Mayor Jabbour asked if anyone had a question regarding where the sewer will be installed. There were no questions. Greg Gappa stated that the City will need easements from some of the homeowners. The proposed project assessment is $16,000 per unit. This assessment was determined based on the increase in value to the property based on the installation of sewer. He has received one written objection. In order to appeal the assessment, the homeowner must provide a written • objection at the assessment hearing. Jabbour explained the procedure for assessing the cost of the sewer. If a project is made mandatory by the City, the City will attempt to subsidize the project. The assessment will be based on the increase in value of the property. He said there are always one or two people who object to a project. If someone objects to a sewer project, the City will opt to leave that homeowner out of the project. If that homeowner later petitions the City for sewer service, the homeowner will have to pay the full amount for the sewer. Jabbour stated that it has been very difficult to obtain contractors that will do directional boring. Jane Delaney, 1315 Woodhill Avenue, stated she is not opposed to the project, but it will cause her undue financial hardship and she will be forced to sell her home. Jabbour assured Ms. Delaney that the Council takes her situation very seriously, but the City's options are limited. He said that in the past the City has tried to obtain hook -up grants for homeowners that suffer financial hardship because of a sewer project, but the assessment cannot be paid through a grant. Delaney said she understands that she is on the outside perimeter of the project and she would opt to be dropped from the project. • Jabbour asked staff if Delaney could opt out of the project. Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 • ( #1) PUBLIC HEARING - ORONO ORCHARDS SEWER PROJECT - Continued Gappa said a homeowner can opt out of the project if they have a conforming septic system. He does not believe there is a conforming septic system on Delaney's property. Moorse indicated once sewer is brought to an area, property owners are not allowed to replace septic systems. They must hook up to sewer. Kelley asked why Delaney's system is nonconforming. Gappa said it does not meet the 3 foot separation rule. Jabbour asked staff if Delaney could be dropped from the project. Delaney asked if she would be required to pay the full cost of installing sewer if she sells her home. Jabbour said that is correct. Barrett said she must put her objection in writing tonight. Gappa said Delaney has provided the written objection and he believes she has 30 days to file a formal appeal. • Gappa stated that he received one more written objection from a homeowner. 0 Jabbour restated the City's policy on assessments. He also said that failing septic systems are not allowed to exist. ( #1A) ADOPT ORONO ORCHARDS SEWER ASSESSMENT - RESOLUTION NO. 4262 Kelley moved, Sansevere seconded, a motion to approve Resolution No. 4262 Adopting the Orono Orchards Area Sanitary Sewer Assessment Roll. VOTE: Ayes 4, Nays 0. ( #1B) AWARD CONTRACT FOR ORONO ORCHARDS SEWER - RESOLUTION NO. 4263 Gappa said there were seven bidders on the project. Widmer, Inc., St. Bonifacius, Minnesota, is the lowest bidder. Sansevere moved, Flint seconded, a motion to approve Resolution No. 4263 Awarding the Contract for the Installation of Sanitary Sewer Improvements in the Orono Orchards Area to Widmer, Inc. in the amount of $424,713.50. VOTE: Ayes 4, Nays 0. Page 2 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #2) CONSENT AGENDA • Items 4, 13, 14, 15, 16, 18, and 21 were added to the Consent Agenda. Flint moved, Kelley seconded, a motion to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. ( #2a) ADDITION TO AGENDA Moorse requested that the Council amend the agenda to add item 23a. Jabbour moved, Sansevere seconded, a motion to amend the agenda to include item 23a. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF MARCH 22,1999 Flint moved, Kelley seconded, a motion to approve the Minutes of the Regular City Council meeting of March 22, 1999, as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS - Andrew McDermott, Representative McDermott complemented the Public Works Department personnel for their efforts to 40 eradicate the buckthorn in Casco Circle, Dickey Park and Rice Creek. He said the survey of City property at Saga Hill has begun, but it will not be finished until the property line issues are resolved. The prairie will be burned at French Creek. He said Susan Wilson helped to rebuild the duck nests at French Creek. He reminded the Council that the March for Parks is scheduled for May 2nd. McDermott commented on the Spring Hill Trail. He said the Park Commission is concerned about the location of the fence. Flint asked about the location of the fence. McDermott said the fence is just three feet off the edge of the road. Jabbour said the City should have been notified about the change in location of the fence and there should be a meeting at the site. Flint said he understood that the fence would be moved way back from the road. He does not want a certificate of occupancy issued to the Spring Hill Golf Club until the fence and trail are in the locations that were agreed upon. Jabbour asked staff to review the site. Page 3 0 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 • PARK COMMISSION COMMENTS - Continued McDermott commented on Item #10, Bohland Development and 1025 Brown Road South. He said the Park Commission reviewed the subdivision and requested that a vegetative buffer be maintained along Willow. Jabbour informed McDermott that he and Moorse met with Hennepin Parks. It is the intention of Hennepin Parks to finish the trail into Baker Park this year. He said they talked extensively about Big Island and the possibility of a joint venture with Hennepin Parks. Kellogg said a meeting will be held on April 13th with Hennepin Parks regarding finishing the trail. Jabbour said that the City should work with Hennepin Parks and Hennepin County to make sure that when Hennepin County upgrades Co. Rd. 6, a tunnel is constructed under Co. Rd. 6 for the trail. McDermott said the Park Commission is considering realigning a section of the trail near Mrs. Thompson's property where it intersects with the Luce Line trail. PLANNING COMMISSION COMMENTS 4 None PUBLIC COMMENTS John Serena, 4605 Co. Road 6, stated that since the improvements to County Road 6 have been completed, his orchard is under water. He has notified Hennepin County and they will be looking at it to rectify the problem. ZONING ADMINISTRATOR'S REPORT ( * #4) #2439 Service 800 Road Agreement - Waive Deadline Flint moved, Kelley seconded, a motion to approve extending the March 15, 1999 deadline for Otten's fee simple title acquisition to March 31, 1999, and extend the deadline for Mn/DOT reconveyance approval to May 31, 1999. VOTE: Ayes 4, Nays 0. Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 - ( #5) #2451 Lyle and Gretchen Shaw, 1780 Shadywood Road - Variances - Resolution • No. 4264 Jerry Roelofs, Roelofs Remodeling & Renovation, was present. Weinberger presented the staff report. He stated the applicants have applied for variances to permit the addition of a garage and living space to the existing residence at 1780 Shadywood Road. The proposal would require variances from allowed hardcover in the 75 -250' setback from the Ordinary High Water Level (OHWL) of Lake Minnetonka, and to permit raising the roof of the existing house within the 0 -75' lakeshore setback and average lakeshore setback. Weinberger stated that the hardcover survey does not take into account a large gravel area which is used for parking and storage of trailers on the property. He stated the applicants have agreed to remove a 5' by 5' storage shed that exists on the property. Kelley asked if the proposed garage measures 24' by 36'. Weinberger said the 24' by 36' measurement takes into account the width at the driveway, but the existing house takes up a portion of that area. The rear of the garage will be used as a stairway and utility space. Kelley asked if the garage would be 36' in length. Jabbour asked if the hardcover calculation is incorrect. • Weinberger said there is a large gravel area which was not included in the calculation because there was snow on the ground when the hardcover survey and site inspection were done. Jerry Roelofs said a portion of the garage space is the stairway system between the buildings. Jabbour said the hardcover calculation is inaccurate because there was snow on the ground and the surveyor did not see it. Roelofs agreed. Sansevere asked if some of the gravel could be removed to reduce hardcover. Roelofs said the applicants' intention is to reduce hardcover to the percentage listed in the proposal. Sansevere moved, Flint seconded, to approve Application #2451,1750 Shadywood Road, and adopt RESOLUTION NO. 4264, Granting Variances to Municipal Zoning Code Section 10.22, Subdivisions 1 an 2; Section 10.56, Subdivision 16(L)(1); Section 10.56, Subdivision 16(L)(2); and Section 10.56, Subdivision 16(C)(6) with the stipulation that a drainage plan be provided and the hardcover is reduced to the percentage in the proposal. • Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 • ( #5) #2451 Lyle and Gretchen Shaw, 1780 Shadywood Road - Continued Flint said he is in favor of approving the application because the garage addition is behind the 75' setback, it is a small lot and not having a garage would be a hardship. VOTE: Ayes 4, Nays 0. ( #6) #2461 Chris Pierson, on behalf of William and Thelma Bryson, James A. R. Johnson, 650, 660, 670 and 680 Big Island - Subdivision Chris Pierson, Pierson & Pierson, was present. Weinberger presented the staff report. The applicant has proposed a lot line rearrangement and lot combination. The lots are currently three separate seasonal residences on four tax parcels that are to be combined into two parcels. Three existing cabins are located on the lots. The zoning code would not allow two principle residences to be located on one property. The Planning Commission had made a recommendation to allow the cabin to remain for a period of 30 months. The property owners are willing to file an agreement with the City assuring the cabin would be removed and it would not be used for that time. Weinberger said there is an issue with the State Building and Fire Codes which state that no buildings are allowed within three feet of a property line which is the situation that would be created by this application unless fire walls and a parapet are constructed Cities do not have the authority to vary from • the requirements of the State Code. He said the applicant could build the fire walls and bring the center cabin up to code in order to allow the lot line rearrangement to occur. The cabin could be removed at the time of the filing of the subdivision. Another option would be to move the property line south 1 -1/2 feet. Another option would be to do nothing until the cabin is removed. Staff recommends denial of the application based on the State Building Code requirements. Chris Pierson said his clients bought the property last June from a long -time friend of the family. In the course of buying the property, the former owner asked that the cabin not be torn down. His clients have agreed to remove the cabin in 30 months. Jabbour asked if the property line could be moved 1 -1/2 feet to accommodate the State code requirement. Pierson said he would have to discuss it with his clients. They would like the application approved now and they wouldn't file the subdivision for 30 months. Jabbour said he is in favor of approving the application, but he is not willing to ignore the State Statute. Pierson said building the fire wall and parapet are not feasible. He said his clients are not willing to put more money into surveys. His clients are willing to enter into an agreement with the City that the cabin will be removed in 30 months. Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #6) #2461 Chris Pierson, on behalf of William and Thelma Bryson, James A. R. Johnson - Continued Sansevere asked if the intent is to leave the cabin to accommodate the wishes of the previous owner. Pierson said yes, but the long -term plan is to remove the cabin. Jabbour asked staff if a preliminary subdivision can be approved, but the mylar not signed. Barrett said applicants have six months from preliminary approval to obtain final subdivision approval, but there is a provision for extensions. Jim Johnson, 650 Big Island, said nothing is changing from where it is right now and he questioned the need for a fire wall. Pierson said the intent is to simplify the arrangements regarding taxes, insurance, sewer, etc. He asked if the Council could approve the application subject to their agreement not to file it, which is how the Planning Commission approved it. Jabbour said that after the Planning Commission acted on this application, staff discovered the technical problem with the State Building Code. Jabbour asked if the Council could give preliminary approval and wait to issue final approval after the cabin is removed. Johnson said he is trying to settle this matter for estate planning purposes. Barrett said this application is for a lot line rearrangement and there is no preliminary plat required. Jabbour suggested that the application be tabled. Johnson said he would agree to table it. Sansevere said he favors moving the lot line. Kelley moved, Flint seconded, a motion to table Application #2461, 650- 660 - 670 -680 Big Island, Lot Line Rearrangement. VOTE: Ayes 4, Nays 0. 0 Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #'n #2462 David Lovelace, 220 Big Island - Variance - Resolution No. 4265 David Lovelace, applicant, was present. Jabbour said this lot does not have a place for a dock and he is concerned that the applicant will eventually ask for a dock on public land. Kelley asked what would happen if the applicant asked for a subdivision of the parcel. Jabbour said the lot would not meet the 5 acre zoning requirement. He said this is a record lot that would have been granted an automatic lot area variance in 1983. Lovelace said the original property owner did not apply for the automatic lot area variance. Jabbour said he is in favor of approving the variance, but he is not in favor of providing city docks. Lovelace said there are other land - locked lots and he knows at least one has a dock on the public right -of -way. Jabbour said the City of Orono is unaware of the dock. 0 Gaffron reviewed the City Code concerning dock permits on public rights -of -way. • Jabbour asked to review a map of the area. He commented that it shows a dock on public land. Weinberger said a dock permit was issued to one property owner as she had used the dock prior to the code amendment regarding the RS, Seasonal Recreational District.. Jabbour asked staff to identify parcels on Big Island that do not have access to the lake. Kelley asked if the roads on the island are developed and marked. Kelley said the City property should be identified in some way Sansevere moved, Flint seconded, to approve Application #2462, 220 Big Island, and adopt RESOLUTION NO. 4265, Approving a Lot Area Variance for Record Lot No. 8 (220 Big Island) Pursuant to Ordinance No. 246, Municipal Zoning Code Section 10.31. VOTE: Ayes 4, Nays 0. Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #8) #2465 Robert Erickson, 364 and 372 Westlake Street - Lot Line Rearrangement - Resolution No. 4266 . Kelley moved, Sansevere seconded, to approve Application #2465, 364 and 372 Westlake Street, and adopt RESOLUTION NO. 4266, Approving a Subdivision of a Lot Line Rearrangement for Properties Located at 364 and 372 Westlake Street; Granting of Variances to Municipal Code Section 10.23, Subdivision 6(B) and Section 10.56, Subdivision 16(C)(6); and Closing of a Portion of Westlake Street. VOTE: Ayes 4, Nays 0. ( #9) #2466 James Renckens, having an interest in 3020 Watertown Road - 2 Lot Preliminary Subdivision James Renckens and John Winston, applicants, were present. Renckens said he objects to the requirement that two outlots be created. He is concerned about the availability of septic sites if the outlots are created. He said the site is rolling and high to the north, rolling in the middle and there is a wetland in the middle. The parcel is difficult to develop. He would like to build his home on the northern part of the property. There is one septic site in the northeast corner that he would like to use as a primary site and it would be eliminated by the 50' outlot. He said the ambiance of that corner is what attracted them to the property and that would be ruined if a road is installed. He requested that the Council eliminate the requirement for the outlots. 0 Mayor Jabbour unseated himself for this item. John Winston said his property abuts the northeastern part of the parcel. He and his neighbors oppose the 50' outlot across the northern boundary. They are not interested in connecting Wear Lane to Crystal Creek Road. He said the original proposal for this parcel was a subdivision for five lots. This proposal is for two lots. He feels the low density is important and that the outlots are not necessary. He said they are not proposing any roadway, only a driveway corridor at the southwesterly corner of the parcel. He would like to preserve the character of this property that blends with the neighborhoods to the east and the west. He said there is property to the north that could possibly be developed. He does not feel that Mr. Renckens should have to provide access to that property by creating Outlot B. Sansevere asked staff why the outlots were made a contingency of approval. Weinberger stated that the proposal creates a front lot and a back lot situation. The subdivision ordinance does not allow a flag lot to be created. The back lot is required to have 150% of the zoning district requirements and the lot does meet those requirements. The zoning code only allows access to be granted to that property through a platted outlot. The disadvantage for the property owners in this situation is the area in the outlot does not count for the lot area as part of lot 1, although the entire outlot would be in their ownership. The Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #9) #2466 James Renckens, having an interest in 3020 Watertown Road - Continued reason for platting the 50' wide outlot to the north would be for a future access point for the lots to the north and for this property if it were to be divided since the lot area does exist. Sansevere asked why the outlot should be across Mr. Renckens' property instead of the property above it. Weinberger stated that at the time the Crystal Creek subdivision was approved the outlot was platted from one side to the other. Part of the reason the outlot exists is there were some septic sites and some other issues with lot area and topography of the lots to the north. Lot 7 does not have access. There is a temporary driveway easement across Lot 6 from the temporary cul -de -sac on Crystal Creek to serve Lot 7. That was written in until the time a road is developed to gain access to Lot 7. At that time the driveway easement would be eliminated. Future planning is why the City staff and the Planning Commission have recommended the platting of an outlot. Sansevere asked if the outlot requirement was brought to Mr. Renckens' attention by the previous owner. Renckens said he has not talked with Mrs. Stubbs. He said he was aware of the interest the City had in the outlot, but it did not appear in his due diligence to be a serious interest • because the outlot didn't seem to serve any particular benefit. He said there is access to Lot 7 and there is a potential for Mr. Carlson to acquire property to the east to gain access to his property. He said there is opposition to the outlot from the Rolling Meadows subdivision as well as the Crystal Creek subdivision. Winston explained the reduction from three lots to two lots should eliminate the need for the outlot. Renckens said 22,000 square feet of trees would have to be removed to put in a cul -de -sac or roadway across the northern portion of the property. Alan Carlson gave historical information regarding the long -range plan for the 50' outlot. The long -range plan was to extend Crystal Creek Road to Wear Lane to form a loop and provide access to the north. He owns 30 acres to the north that would be accessed by the outlot. He reviewed previous City actions that refer to the 50' outlot. He wants the 50' outlot for access to his 30 acres. Flint asked how Mr. Renckens plans to gain access to the back of the lot. Renckens said he has access from Watertown Road via a 30' strip that runs on the west side of the property. He has approached the Crystal Creek developers about gaining access from • the private road, but he has not reached an agreement with them. Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #9) #2466 James Renckens, having an interest in 3020 Watertown Road - Continued Flint asked how the developers could prevent him from gaining access from the road since it abuts his property. Renckens said they can prevent-it because it's a private road. Flint asked how the City would accomplish the long -range plan if it's a private road. Renckens said the City would have to acquire the road from the Crystal Creek Development, pay for the cost of installing the road across the northern part of his property and would have to acquire additional land if the road were to continue to the east and pay for the cost of constructing that additional road until it connects with a public road. Renckens said previous applications for subdivision of this parcel had different intent for the property than he does. His intended use of the property is to build a home on the northern part of the property so it is secluded. Kelley said he was involved in the Crystal Creek subdivision and there is no doubt that the City Council and the Planning Commission always viewed that Crystal Creek Road and Wear Lane would connect. He said another issue involved is the property to the east and north that will someday be developed. Sansevere also questioned how the City would connect with a private road. . Barrett said it is a private road. When the road was developed, the City took a public easement so that if the developers refuse access, the City can open the road for the public. Flint asked if the City could assure Mr. Renckens access to the back of his property through Crystal Creek. Barrett said that by declaring the public easement open, the City could grant access to the public over that road to the northern end of the property. Flint said that Crystal Creek is the logical access to the back of the property and he is not convinced that Mr. Renckens should have to provide the access to the east and north. Barrett said that with this application, the City has a strong right to the outlot. Flint said that there are a number of people with common interests and if they_ could work something out, perhaps the City wouldn't have to take the 50' outlot. Carlson said he does not own Lots 6 and 7. Winston said that it's true that Mr. Carlson does not own Lots 6 and 7. He said that when Mr. Carlson was able to create Lots 6 and 7 and not have the septic sites on those two lots taken Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 • ( #9) #2466 James Renckens, having an interest in 3020 Watertown Road - Continued away from him so he could develop the lots, he gained economic benefit from that and now he wants additional benefit from the 50' outlot. He said that the subdivision for Crystal Creek states that the subdivider is responsible for providing legal access to the property to the north. Renckens said he does not want to lose the septic sites in the northeast corner of the property that are within the 50' outlot area because he would not be able to put his home in the northern part of the property. Kelley said that the City's long -term vision at the time of the Crystal Creek subdivision was to link Crystal Creek Road with Wear lane. Sansevere asked if the expectation was to make the link across Mr. Renckens' property or go into the property above it. Kelley said the intention was to take it from what is the Stubbs property. Flint said that the City has also been supportive of people that want to keep cul -de -sacs. Kelley said that is true, but the roads are usually platted to go all the way through new subdivisions. • Flint said the City has the legal right to put the roads in, but the City hasn't because the homeowners on both sides prefer the cul -de -sacs. Kelley said that is true, but the easements are there so that if the City gets pressure from the neighbors, the roads can be made public. He said that it is good public policy to take the 50' outlot. Sansevere asked if Mr. Renckens was aware of the 50' outlot when he looked into acquiring the property and if he was hoping the City would override it. Renckens said he was aware of the issue with the 50' outlot, but he didn't think it applied in his situation. Winston said that when they reduced the subdivision from three lots to two lots, it would be a reasonable basis to eliminate the 50' outlot. He distributed information regarding cul -de -sacs in the immediate neighborhood of the property that are not connected. Kelley reviewed the list and stated the reasons why the cul -de -sacs are not connected. Winston said the point is that there are a number of cul -de -sacs in the area that are not connected. He said cul -de -sacs are part of the character of the neighborhood and they are • trying to preserve that character. Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( 0) #2466 James Renckens, having an interest in 3020 Watertown Road - Continued Renckens said this parcel has a lot of appeal. He is concerned about the future development of the area if the outlot is made into a road. He does not want to be in a busy area. Sansevere asked about the septic alternatives if the 50' outlot is created. Renckens said the septic site is in the northeast corner of the site. He said the alternative is to remove the trees in the middle of the site. The only other septic site is near the wetland. The wetland has to be extended with a ponding area which will eliminate that septic site. Kelley asked staff how access would be gained to Watertown Road if the property was subdivided further. Weinberger stated that only two residences are allowed on a shared private driveway. Access for the northerly lot would have to be via the cul -de -sac on Crystal Creek Road. Mike Hilbelink stated that none of the property owners in the area are in favor of the 50' outlot except for Mr. Carlson. He said the City didn't take the outlot at the time of the Crystal Creek Subdivision and it appears to him that the reason was to preserve septic sites and two lots for Mr. Carlson. Mr. Hilbelink feels Mr. Carlson will benefit from the outlot and the burden is being put on the person developing this parcel. He said if this parcel had already been developed at the time of the Crystal Creek Subdivision, the outlot would have had to go to the north and Mr. Carlson would have lost two lots. Carlson stated that the road was put where City staff wanted it put. He was promised a 50' outlot across the top of the Stubbs property and he wants it. Flint asked about Mr. Carlson creating his own problem when he sold off Lots 6 and 7 since that is what isolated his northern property. Carlson said Lots 6 and 7 were part of the entire plat and there weren't any problems with septic sites. He again stated that he put the road where the City wanted it and he does not want to be denied access to his 30 acres. Hilbelink said this parcel could be sold and not subdivided. If that happened, the outlot could not be created. Kelley asked if Gaffron was involved in the Crystal Creek subdivision. Gaffron said he had some involvement in the subdivision. Kelley asked what the staff's position was from a long -term planning point of view. Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 • ( 0) #2466 James Renckens, having an interest in 3020 Watertown Road - Continued Gaffron said he concurred with Kelley that the long -term view was for an outlot across the northern part of the Stubbs property to connect with Wear Lane. Flint asked how Carlson would gain access to his 30 acres if this 50' outlot is not available. Gaffron said Carlson would have to provide access. The clear intent of the City back in 1991 was to continue a 50' corridor across the top the Stubbs property. Steve Koehler, 35 Crystal Creek Road, said the Crystal Creek Homeowners Association objects to extending Crystal Creek Road because of increased traffic. He said there are drainage concerns as to how the water will drain into the Association's property. He favors the flag lot concept. Sansevere asked if 50' is the minimum that can be taken. Gaffron said 50' is the standard for a road serving this number of homes. Sansevere asked if today was the first Renckens heard that if the subdivision was two lots instead of three, the City would still take the 50' outlot. t Renckens said yes, that he had heard City staff didn't like the length of Crystal Creek Road, that they liked the fact he was proposing to buy the property and not put in a road. He also understood that the 30' outlot was only taken in the case of lakeshore property. Flint asked if staffs position is that the City should have both the 50' and the 30' outlots. Gaffron said the 30' outlot is driven by the idea that there is going to be access through or adjacent to a front lot and a back lot is being created by having the access there. City code does not allow the creation of a flag lot which is by definition a lot that is continuous all the way down through that narrow corridor. The code states that a flag lot cannot be created, you have to create a back lot with an outlot corridor. Flint asked if the 30' outlot is necessary if access to the back lot is through Crystal Creek. Gaffron said if the access is to the rear, the 30' outlot would not be necessary. He said that in every subdivision where there is potential to connect to adjacent properties, the City would have them continue the road through their property to the next one. Kelley said that if the applicant has access from Crystal Creek, he can eliminate the 30' outlot, move the lot line further south and make Lot 1 bigger so it could be subdivided in the future. • Renckens said he could not subdivide Lot 1 to meet the subdivision code. Page 14 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #9) #2466 James Renckens, having an interest in 3020 Watertown Road - Continued • Kelley said Renckens would not be subject to the back lot requirements if the City allows him access off Crystal Creek Road. Renckens said he would not want to have his house in the northern part of the property and have a driveway come through that accesses the center part of the property. Kelley suggested the applicant be allowed access from Crystal Creek Road so the outlot on Lot 2 would not be required. Kelley asked for the Council's opinion on the 50' outlot. Sansevere said he is in favor of Mr. Renckens' proposal. Flint said he is inclined to approve the Planning Commission's recommendation for the 50' outlot. Kelley said he concurs with Flint. He asked if the applicant still wants the access to Lot 1 to be from Watertown Road if the Council approves the 50' outlot across the northern part of the property. Winston said he believes they have to have the access to Watertown Road because they can't • foist themselves on the Crystal Creek Homeowners Association. Kelley said the City Attorney could give an opinion to the Association as to what he believes the City's position would be. Winston said he does not believe the City wants to make Crystal Creek Road a public street. Barrett said the City may not want to, but it is an option that would be available. Renckens said he can't build a home on Lot 1 if the 50' outlot is created. Winston asked about the number of votes necessary for action on this item. Barrett said it requires a majority vote. Kelley asked for the Council members' opinion on the 30' outlot. Sansevere said he can approve the 30' outlot. Flint said he would be willing to grant a variance to the requirement for the 30' outlot. 0 Page 15 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #9) #2466 James Renckens, having an interest in 3020 Watertown Road - Continued Flint asked for Barrett's opinion on amending the outlot requirements and grant a variance for a flag lot. Barrett said the Council can amend the resolution, create a flag lot and grant,a variance. He said the variance would require two votes out of three. Flint moved, Kelley seconded, a motion to approve Application #2466, 3020 Watertown Road, without the 30' outlot on the southwest corner and granting a variance to allow access to Lot 1 without the 30' outlot. VOTE: Ayes 2, Nays 1. Sansevere opposed. Jabbour abstained. ( #10) #2467 Bohland Development, having an interest in 1025 Brown Road South - 6 Lot Preliminary Subdivision - Resolutions 4267 and 4268 Steve Bohl, applicant, was present. Weinberger presented the staff report. He said the applicant is proposing to subdivide the property located at 1025 South Brown Road into six residential lots. Five of the lots would be served by a cul -de -sac and one lot would be served off from Brown Road. The applicant is requesting preliminary plat approval and a Conditional Use Permit to allow grading within • five feet of a lot line for a driveway for Lot 1. The neighbors have agreed to the shared driveway for Lot 1. Weinberger said this is a 45 -acre site located in the two -acre rural residential zoning district. Approximately 50% of the site is wetland. One back lot would be created with access by an outlot. Lots 2 through 6 would have access through Carriage Lane. A NURP pond will be constructed less than 20' from a lot line. Staff does not object to this since the adjacent properties are served with sanitary sewer. Suitable septic sites have been found on all six lots. The City Engineer has reviewed the grading and drainage plans and they are acceptable. Staff recommends that the City place drainage and conservation easements over the pond and the wetlands. He said the applicant has agreed to the easements. Steve Bohl said he has submitted an application to the Minnehaha Creek Watershed District for their review. He asked if he would be able to include the 50' x 200' tax - forfeited parcel next to South Brown Road. He has a buyer for that parcel. Jabbour asked staff if a vacation hearing would be necessary. Barrett said the parcel would have to be given back to Hennepin County, offered to other public entities and then Mr. Bohl could purchase the property. Kelley said he would be in favor of the applicant obtaining the tax- forfeited property. Scott Winston stated he is the possible buyer of the tax- forfeited property. He asked about the • process on obtaining the tax - forfeited parcel. Page 16 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #10) #2467 Bohland Development, having an interest in 1025 Brown Road South - • Continued Jabbour said the City would have to say the land is no longer needed for a public purpose. Hennepin County offered the property and the City accepted it. The City would have to give the property back to Hennepin County and the County would have to start the process over again. If no public entities would want the property, it could be offered for sale in a bidding process. Jabbour asked if Winston could be given preference for the sale of the land. Gaf -ron said the City could place a restriction on it, that it would be for sale only to adjacent property owners. Moorse said there should be a condition that the City would get a conservation easement over the land because it is wetland. Winston asked what the cost would be. Weinberger stated that the minimum bid is about $500. Bohl said he is concerned about the Park Commission's request for a 50' strip of land along Willow. He would prefer to leave the landscaping for that area up to the future homeowners. He said he has incorporated the recommendations from the Landscape Architect to include trees along Willow Drive and up Carriage Lane. Bohl said he does not understand why he • would need to offer a piece of the property to the Park Commission when he is going to include the tree requirement and pay a $29,000 park dedication fee. Jabbour said if the City acquires a piece of land from Bohl, the value would have to be deducted out of the park dedication fee. Jabbour asked if taking the 50' strip would affect the size of the lots. Weinberger said a park dedication of a 50' strip would have an affect because the lots are very close to the minimum size required by the subdivision code. It would cause the loss of at least one lot. Flint asked if a conservation easement would have the same affect. Weinberger said an easement would not affect the size of the lots. Andrew McDermott said the Park Commission would prefer a conservation easement. He said the Park Commission did not realize the NURP pond would be located so close to Willow and that would satisfy some of the need in that area because it would be a natural looking area right next to the street. Kelley said if a sewer system fails and they need more land, they couldn't go into the conservation easement for a septic site. • Page 17 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #10) #2467 Bohland Development, having an interest in 1025 Brown Road South - . Continued Jabbour said a conservation easement would require that the land be left intact. Flint said a conservation easement can be negotiated and it could incorporate the landscape plan. Kelley said he would prefer to have the park dedication fee rather than the land. McDermott said that when the Park Commission voted on it, they thought there would be a slight reduction of the park dedication fee for the land. Flint said that if the developer would rather that the City take an easement rather than the fee, then the value of the land would have to be negotiated. He said he is not convinced that an easement is needed. McDermott said the Park Commission wants to maintain the rural look with a vegetative buffer. Jabbour asked if the Council members want the park dedication fee or the easement. • Kelley said he wants the City to have the park dedication fee. Sansevere agreed. Flint said he is not convinced that the City needs an easement. Bohl said he has talked with the adjoining property owners and they have agreed to do a driveway maintenance agreement for access to Lot 1. He has met with another neighbor to resolve a property line issue. Kelley moved, Sansevere seconded, a motion to approve Application #2467, Resolution No. 4267 Granting Preliminary Approval for a Plat at 1025 Brown Road South with the park dedication fee to be paid in cash. VOTE: Ayes 4, Nays 0. Kelley moved, Sansevere seconded, a motion to approve Application #2467, Resolution No. 4268 Granting a Conditional Use Permit Per Municipal Zoning Code Section 10.03, Subdivision 19 -21. VOTE: Ayes 4, Nays 0. Page 18 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #11) #2471 Independent School District #278, 685 Old Crystal Bay Road North i Jay Pomeroy, AJA, Inc., Neal Lawson, Assistant Superintendent, and Scott McQueen, Wold Architects, were present. Weinberger presented the staff report. He stated that the Orono School District has applied for a Conditional Use Permit for the construction of a new middle school. They have also applied for a Conditional Use Permit Amendment and Variances in order to allow a parking lot to be located within the front yard setback across the street at the High School. The Conditional Use Permit to construct the new middle school would be to serve 675 students. The site is currently divided into four parcels with an outlot that goes down the center of the property. The Planning Commission and staff recommend that the outlot be vacated as it is part of the school district's property. He said the parking would be located in the front with a drive for picking students up. There is an additional parking area that would be used for bus loading and unloading. He said the parking is sufficient for the size of the school. He said there is an issue with the slope of the parking lot. The School District proposes a 5% slope, but the Public Services Director and the City's landscape architect consultant recommend 4 %. The 5% slope does meet the requirements for parking lots and it meets the requirements of the Americans for Disabilities Act. Weinberger said the City Council needs to review the lighting plan and discuss the height for the lighting standards, the cutoff angle and the amount of illumination measured in foot - candles. He said the School is proposing 35' poles. Shorter poles may not provide the . necessary coverage. Weinberger said the applicant has not provided a signage plan. The height of the school is an issue. He said the zoning code allows a 30' tall structure. The new middle school measures 42' in height, so it would require a variance for building height. Weinberger said there is an issue with pedestrian traffic because the gymnasium will be located in the middle school and students will be crossing Old Crystal Bay Road. Staff and the Planning Commission have recommended the installation of a pedestrian crossing light. Weinberger stated that the site is located within the MUSA. The sewer and water connection charge would be $9,310 per unit with a sewer availability charge of another $1,050 per unit. There would be standard drainage and conservation easements taken over those areas on the property as well as a 20' utility easement near a future water main extension. Weinberger said the City Council will need to discuss the need for a letter of credit at 150% for the site improvements such as utilities, landscaping, and other issues. He stated that the Planning Commission and staff recommend approval of the plan. Jabbour stated he does not feel a letter of credit is appropriate. Kelley said he feels the School District should provide a letter of credit. is Page 19 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #11) #2471 Independent School District #278 - Continued • Flint asked if there is precedence where the City does not ask for a letter of credit. Gaffron said the City did not require a letter of credit for the School District's last major project. He said when the ice arena was built, there was no letter of credit and there should have been one for landscaping. Sansevere said he does not have a strong opinion regarding the letter of credit. Kelley said he is concerned about the landscaping being finished. Jabbour explained the Council's concern that the issues being discussed and agreed upon are prioritized and done to the City's standards. Kelley asked what the School District is budgeting for landscaping. McQueen said that the grading and paving project will precede the building project so all the landscaping will be bid prior to the building itself. He estimates $35,000- $40,000. Lawson said the School Board and Administration appreciate landscaping. He said the site work will be done before the building and the contractors will have to be bonded. He does . not want to provide a letter of credit. Jabbour said he just wants to make sure the landscaping funds don't get reallocated to another part of the project. Flint said he is in favor of the letter of credit for the landscaping. Jabbour said he understands what the School District is trying to do with the lights by moving them to the outside perimeter of the parking lot. He does not want any light spillage. Kelley asked about the height of the existing lights in the High School parking lot. Pomeroy said he has not reviewed the height of the existing lights. Kelley said lighting is very important because the property to the east will be residential and he assumes the lights will be left on all night. Pomeroy said the lights will be fitted with an electric eye and timer. McQueen explained that the lighting is designed so there will only be a half -foot candle power at the edge of the property. He said they did look at shorter poles, but there would be dark spots in the parking lot. He said with a lot this size, a taller pole is necessary for even • lighting. Page 20 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #11) #2471 Independent School District #278 - Continued Kelley asked how high the optimal pole would be without going as high as 35 feet. • McQueen explained that with more even lighting, less glare occurs. It would be a mistake to put up one large pole to deal with a large area. He reviewed the lighting plan and explained the directional fixtures. With the directional fixtures, only the paved area will be lit. Jabbour said they are proposing box lights so you cannot concentrate on the height of the light. The direction of the light, the lens in front of the light and the reflector are what determine where the light goes. Kelley asked where he could look at the proposed lights where they are actually in use. Pomeroy said he would provide examples for Kelley. Jabbour said there are computer models available that will demonstrate light spillage based on the configuration of the light. Lawson said the lights are engineered to cover the lot from the perimeter to the mid point of the parking lot. If lights are located in the middle of the lot, the ease and efficiency of bus loading and unloading is reduced. Kelley asked if the School District would be amenable to a condition that the athletic fields to • the east would not be lighted at any future date. McQueen said the application states there is no lighting for those fields, but he does not think they can tie future School Boards to that requirement. Kelley said he wants to make sure the school will have to have City Council approval to light the fields to the east. Sansevere said he would like to make sure if the athletic fields have lights, that they are not left on all night. Jabbour asked if the Council should address the grade of the parking lot. McQueen explained that the 5% grade is in one small area. He also explained that in order to reduce the 5% grade in this area, the grade would have to be increased in another area. Pomeroy explained the drop in grade and that sometimes it is not possible to achieve less grade. Kelley said he can approve the 5% grade. Page 21 0 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 • ( #11) #2471 Independent School District #278 - Continued Gappa said he does not have a problem with the 5% grade. He is satisfied with the applicant's explanation. Sansevere agreed. Flint asked where the trail will run. Pomeroy said that Hennepin Parks will be developing the sidewalk along the east side of Old Crystal Bay Road and the school will T off from the sidewalk in a couple of different spots. Kelley asked if the curbing on the east side of Old Crystal Bay Road will be an urban section or rural section. Pomeroy said they will not touch anything on Old Crystal Bay Road. Kelley asked how much grass there would be between the trail and the curb for the parking lot. Kellogg said there would be 20 to 25 feet. • Lawson questioned the need for an easement for the trail since the Board had approved the trail almost a year ago. Kellogg said staff wanted to make sure it was shown on the plat. Kelley asked how far the trail will be from the end of the shoulder of the road. Kellogg said at least ten feet. Kelley asked how the school will direct the students to cross the road at a designated point. Pomeroy explained the pedestrian traffic at the high school and how the landscaping will be used to influence pedestrian traffic. McQueen said there are two peak times during the day which are the loading and unloading of the building. He does not think pedestrians will voluntarily walk through the drop off lane, through the parking lot, through the ditch and then cross the road. Kelley said he believes there will be a problem outside of school hours when students and parents are crossing back and forth for activities. is Sansevere asked if the gym will be used as a varsity gym. Page 22 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #11) #2471 Independent School District #278 - Continued . Lawson said it will be a second varsity gym. Sansevere said students will come out the cafeteria and side doors and cut across on foot because it will be the quickest route to the new gym. Jabbour asked how the City can make sure the crossing is safe. Sansevere asked if there would be a light that could stop traffic for pedestrians. Gappa said he does not believe it would meet the warrants for a stop light. The resolution requires a traffic study to verify it. If it does not meet the warrants for a stop light, the other option is a flashing yellow light operated by a push button or timer. Sansevere asked if the sight lines are good on Old Crystal Bay Road in front of the middle school. Pomeroy said the whole design was predicated on the location of the best sight line for crossing Old Crystal Bay Road. Kelley asked about the design of the signs and where they will be placed. Jabbour asked if there will be informational signs on the highway directing people to the • school. Gappa said the signs would have to met Mn/DOT's requirements. Kelley said he would like the signs to have a rural character. Lawson said there will be signing on the campus to direct internal traffic. They do not have a sign plan yet, but he believes they will need a variance for signage. Kelley asked Lawson if they are aware of any other issues that will need a variance. Lawson said no. Weinberger explained that the High School will need a Conditional Use Permit Amendment and variance to allow the parking area at the High School to be located within the 50' front yard setback. It would be located 40' from the property line. Jabbour questioned the change in the height of the middle school. Gappa said it is two feet higher than the original proposal. Page 23 0 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12, 1999 ( #11) #2471 Independent School District #278 - Continued Jabbour said he can approve the height variance. Lawson said he would like to discuss some issues concerning the middle school. He referred to page 4 of the resolution, the last paragraph, which requires the light fixtures to be located in islands. The school recommends poured cement pillars rather than islands. Jabbour asked if staff objected. There were no objections. McQueen said the maximum grade should be changed to 5% on page 4. Lawson referred to page 5, #5. The floor area should be approximately 118,000 square feet and the building footprint should be approximately 76,000 square feet. Lawson referred to page 5, #6 regarding the lighting. He asked what should be filled in. Jabbour said his impression is that the Council would be satisfied with directional lighting aimed 100% down with no spillage. It would be acceptable, even if the poles are 35' high, to alleviate any potential blockage in the parking lot and to facilitate vehicle movement. He directed staff to draft the appropriate language. • Lawson referred to page 6, paragraph F which requires a Landscape Master Plan to be phased over several years. Pomeroy said this paragraph appears to be an excerpt from the Landscape Architects comments and they would like to know the Council's position. Jabbour suggested changing paragraph F to read that the City, after viewing the final landscaping, may request additional plantings. McQueen said paragraphs C, D, E & F are above and beyond the landscape plan that the school submitted. Lawson referred to page 8, #12. He asked if the 50' is a minimum or maximum distance from the walls of the building. Kellogg said it is a minimum of 50'. Lawson referred to page 8, the legal documents required prior to building permit approval. McQueen said that #17, #18 and #19 would be difficult to determine ahead of time. Gaffron suggested the documents be required prior to issuing a certificate of occupancy rather • than building permit approval. Page 24 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #11) #2471 Independent School District #278 - Continued • Lawson referred to page 9, #23 regarding the letter of credit and said it would need to be changed. Pomeroy referred to page 9, #26 which requires a land alteration permit to move 14,000 cubic yards of fill. He said they won't bring in fill, but will move the fill around within the site. Weinberger asked if there is a breakdown on each site that will show the amount of fill that will be moved. Pomeroy said yes. Barrett said there is a requirement to legally combine the lots into one tax parcel and to vacate the City's easement over Outlot A. Lawson pointed out that this is stated in the resolution. Lawson referred to the resolution regarding the High School, page 3, paragraphs B and C. McQueen said they plan to do the landscaping described in paragraphs B and C, but they don't feel it needs to be in the resolution. Jabbour said he would like to keep the language in paragraphs B and C in the resolution. Lawson referred to page 3, paragraph B, the last sentence requiring them to make every effort . to relocate the existing 10 -16 inch ash trees. McQueen said the success in moving 10 -16 inch trees is very low. The statement "make every effort" is too broad. Kelley asked where the trees are located. McQueen said they would be in front of the building. Kelley asked if the trees would be removed. McQueen said those trees would be removed and replaced. Kelley asked if there will be trees along the boulevard on both sides of Crystal Bay Road. McQueen said the ash trees along the boulevard will not be removed. He said it would be very costly to relocate the ash trees from in front of the building and they would not have a good survival rate because of the time of year when they would be relocated. He said they are planning to relocate many of the 6 " -10" trees because they have a better chance of survival. Jabbour agreed to strike the last sentence of paragraph B on page 3. Lawson asked if paragraph 2 on page 4 regarding the lighting would be reworded. • Page 25 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #11) #2471 Independent School District #278 - Continued • Jabbour said that is correct. • Kelley asked if the lighting at the High School will be changed. Lawson said they could take a look at the lighting at the High School and see what it would cost. Kelley said he would like the lighting in both parking lots to be the same. Jabbour complemented the school district staff and the City staff on their cooperation to work out the issues. Lawson thanked the City Council. Moorse suggested a condition that would allow the City to review the project in several years to make sure everything is working. Jabbour stated the time period for review should be four years. ( #11A) Conditional Use Permit for Middle School at 800 Old Crystal Bay Road North - Resolution No. 4269. Kelley moved, Flint seconded, a motion to approve Application #2471, Independent Orono School District #278, and adopt RESOLUTION NO. 4269, Granting a Conditional Use Permit for Middle School at 800 Old Crystal Bay Road North for Orono Independent School District #278 per Municipal Zoning Code Section 10.28, Subd. 3 and Section 10.03, Subd. 19 -21, and Granting a Height Limit Variance from 30' to 42', subject to the agreed upon modifications and review in four years. VOTE: Ayes 4, Nays 0. ( #11B) Variance and Conditional Use Permit Amendment for Orono High School - 795 Old Crystal Bay Road North - Resolution No. 4270. Kelley moved, Sansevere seconded, a motion to approve Application #2471, Independent Orono School District #278, High School, and adopt RESOLUTION NO. 4270, Granting Variances and a Conditional Use Permit Amendment to Municipal Zoning Code Section 10.28, Subdivisions 3 and 5, and a Conditional Use Permit for Land Alteration, Section 10.03, Subd. 19-21, subject to the agreed upon modifications and review in four years. VOTE: Ayes 4, Nays 0. Recess, 11:20 p.m. -11:25 p.m. Page 26 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 (424) LICENSES Kelley moved, Sansevere seconded, a motion to add Item #24 to the consent agenda. VOTE: Ayes 4, Nays 0. ( #12) Authorization to Hold Public Hearing for Woodhill Country Club Conditional use Permit at a Special Council Meeting Kelley removed himself and will abstain. Gaffron presented the staff report. He said that the Woodhill Country Club will be applying for a Conditional use Permit requesting approval for access to the Club via Woodhill Avenue. In order for the public hearing to be held at the Council level rather than the Planning Commission level, the Council must unanimously waive referral of the application to the Planning Commission. He said that the public hearing would be held in front of the Council in early May. The possible dates are May 4, May 6 and May 11. Shelly Storch, 1245 Woodhill Avenue, stated her concern that by bypassing the Planning Commission, zoning and safety issues will not be addressed. n \J Barrett said that the sole purpose of the waiver is to allow a single hearing to be held rather than two. It does not preclude or decide any substantive issue with respect to zoning or safety • or any other matter which may be relevant to the application. He said the form of the hearing has not been completely worked out, but it is the intention of the staff to provide a full and complete hearing, which is why the Council is being asked to schedule it on a separate day. Storch said she is concerned that zoning, safety, and drainage issues are not bypassed. Jabbour said it will be a full conditional use permit hearing. He said that the issue is in litigation and the Planning Commission does not have the privilege of having the City Attorney at their meetings, and it would be better for the City to have the public hearing at the Council level. Storch asked about the normal notice period to residents for Council meetings. Gaffron confirmed there is a ten -day required published notice as well as a ten -day required mailed notice to property owners within 350 feet of the property boundaries. He said Woodhill Country Club has been asked to expand their list to include additional properties within 350 feet of Woodhill Avenue. Storch said May 6 is a bad date for her. Sansevere asked if May 4th would be a problem for the residents. Page 27 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #12) Authorization to Hold Public Hearing for Woodhill Country Club - Continued Jabbour said he would like to choose two days because Council Member Peterson must be present for the public hearing. Delaney said there are residents on Orono Orchard Road that were very interested in what the outcome of this matter was going to be last year. She said the residents have not heard anything about this matter and it has not been talked about in a public forum. She feels this isn't just an issue for people that live on Woodhill. Jabbour said nothing has happened. Delaney said she feels they need more time so more people can be notified. Jabbour said the Council has to follow the ordinance. He said there has been no action on this matter except for the lawsuit. The public hearing will have to be scheduled as soon as possible if the Woodhill Country Club applies for the Conditional Use Permit. Charles Maile, 1260 Woodhill Avenue, said that the Woodhill Country Club has been preparing to go to trial with this issue over the past few months and they have had many months to maximize their preparedness for the public hearing while the neighbors will have much less time and money to prepare. He said the later the public hearing is held, the more • time the neighbors will have to prepare for the hearing. He said it will take time to notify and organize the neighbors. Jabbour said the State Statute requires the City to act on the application within 60 days from the day the application is made. The longer the time between the application and the day of the public hearing, the less time the City has to contemplate the outcome of the public hearing. Storch said the Woodhill Country Club has changed the issues markedly since last year and the neighbors need time to prepare. She believes that 30 days is sufficient time to notify the neighbors. She is concerned because she understands that the lawsuit has not been dismissed and if the Woodhill Country Club gets what they want from the City, they will dismiss the lawsuit. If they don't get what they want, they will proceed to trial. She fears that the Council's incentive at the public hearing will be to get the lawsuit dropped. Jabbour said it is the Council's fiduciary responsibility to try to work with every resident of the community. He said the Woodhill Country Club is a corporate citizen of the community and they have full rights to do whatever they wish to do through the judicial system. He said the City begged them to submit an application. Jabbour suggested scheduling the public hearing for May 1 Ith if Ms. Peterson is available • and May 4th will be the alternate date. Page 28 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 - ( #12) Authorization to Hold Public Hearing for Woodhill Country Club - Continued Gaffron said he is concerned about the City meeting the legal notice deadlines for the newspaper. In order for the hearing to be held on May 4th, the notice will have to be to the newspaper by April 20th. Sansevere asked if Peterson can be contacted. Moorse said staff will assume that the Council has set the date of the hearing for May 11th. If that day is fine with Peterson, the hearing will be held May 11th. If the 11th does not work for Peterson, the hearing will be scheduled for May 4th. Sansevere asked what time the meeting will start. Jabbour suggested 7:00 p.m. Flint moved, Sansevere seconded, a motion to waive referral of the Woodhill Conditional Use Permit application to the Planning Commission, and establish May 11, 1999 as the date for a public hearing to be held by the Council on this application with May 4, 1999 as an alternate date. VOTE: Ayes 3, Nays 0. Kelley abstained. MAYOR/COUNCIL REPORT Jabbour requested that staff draft a letter to Representative Oberstar indicating the City's opposition to an access ramp on new Highway 12 at Willow Drive. Flint said that there has been some interest generated with Representative Oberstar by the people who favor the exit at Willow and the Council would like a letter sent to Representative Oberstar telling him that the Council opposes it. Kelley said at one time the City had a landscaping plan for the west side of the public works building. He wants some pine trees planted on the west side of the building. ENGINEER REPORT ( * #13) REQUEST FOR PAYMENT #2 - LIFT STATION #13 REHABILITATION Flint moved, Kelley seconded, a motion to approve Request for Payment #2, to GHT Construction, Delano, MN in the amount of $36,601.33. VOTE: Ayes 4, Nays 0. 0 Page 29 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12, 1999 • ( * #14) REQUEST FOR PAYMENT #6 - NAVARRE WATER PLANT REHABILITATION 0 Flint moved, Kelley seconded, a motion to approve Request for Payment #6, to Shank Constructors, Brooklyn Park, MN in the amount of $135,657.00. VOTE: Ayes 4, Nays 0. ( * #15) CHANGE ORDER #2 - NAVARRE WATER PLANT REHABILITATION Flint moved, Kelley seconded, a motion to approve Change Order #2 in the amount of $6,000 for pressure grouting of the concrete floor slab in the Navarre water treatment plant. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( * #16) HAMM SEWER REQUEST - RESOLUTION NO. 4271 Flint moved, Kelley seconded, a motion to approve Resolution No. 4271 including findings and conditions for Granting Approval for Sewer Connection for Property Located at 465 -485 Orono Orchard Road South. VOTE: Ayes 4, Nays 0. ( #17) APPOINTMENT OF A CITY CONTACT PERSON TO THE ORONO SCHOOL DISTRICT'S HEALTHY COMMUNITIES/HEALTHY YOUTH PROGRAM. Flint asked if the City could advertise for a volunteer to serve as the contact person. Moorse said he believes they are looking for a Council member to be the contact person. Sansevere said he is willing to be the contact person. Jabbour moved, Kelley seconded, a motion to appoint Bob Sansevere to be the City's Contact Person to the Orono School District's Health Communities/Healthy Youth Program. VOTE: 4, Nays 0. ( * #18) RESIGNATION OF JAMIE GEMAR, SECRETARY Flint moved, Kelley seconded, a motion to accept the resignation of Jamie Gemar effective April 2, 1999. VOTE: Ayes 4, Nays 0. Page 30 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #19) UPDATE OF NEW AREA CODE OPTIONS • Moorse said he is looking for direction from the Council regarding the new area code options. The Suburban Rate Authority is proposing to split the western suburban area into two area codes along I- 394/Hwy. 12. If the split were to strictly follow I- 394/Hwy. 12, it would divide Orono, Long Lake and several other cities. He said the Council may want to indicate general support for the north/south split of the western suburban area, but indicate that the split must occur along City boundaries. Jabbour said he feels the split should occur along the City boundaries. Flint and Sansevere concurred. ( #20) SCHEDULING INFORMATIONAL OPEN HOUSES REGARDING COMPREHENSIVE PLAN Moorse said that at its April 8, 1999 work session, the City Council discussed scheduling two informational open houses regarding the update of the City's Comprehensive Plan. These open houses are to be scheduled in early to mid -May, with one to be held at the Gray Freshwater Center. Staff is recommending that the first open house be held at the Orono High School Cafeteria to ensure sufficient space to accommodate what could potentially be a large turnout. Flint said he is not available on Tuesday evenings. • Sansevere said he is not available on Thursday evenings. Jabbour suggested Thursday, May 6 and Thursday, May 20. ( * #21) RESIGNATION OF ELIZABETH VAN ZOMEREN, PLANNER/ZONING ADMINISTRATOR Flint moved, Kelley seconded, a motion to accept the resignation of Elizabeth Van Zomeren effective April 9, 1999. VOTE: Ayes 4, Nays 0. ( #22) MINNESOTA RULES AMENDMENTS RELATED TO SEPTIC SYSTEMS (JANUARY 1996 TO MARCH 1999) Steve Weckman prepared a memo to the Council regarding Minnesota Rule Amendments Related to Septic Systems. In his memo, Weckman said the Orono Municipal Code must be revised to reflect the changes to the Minnesota Rules Chapter 7080. He will be preparing revisions to Section 12.30 of the Orono Municipal Code during the next month. Flint said he talked to Weckman and the reason the Code has not been changed is because the rules have continually changed. 0 Page 31 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 • ( #22) MINNESOTA RULES AMENDMENTS RELATED TO SEPTIC SYSTEMS - Continued Jabbour said he is concerned because the City has adopted a standard that is substantially different from the State Statute. Gaffron said the City Ordinance needs to change to be in conformance with the State Statute. ( #23) INVESTMENT REPORT The investment report for the year ended December 31, 1998 was submitted for the Council's information. ( #23a) KING'S COVE MARINA, 1449 SHORELINE DRIVE - REQUEST FOR TEMPORARY ABOVE- GROUND GASOLINE TANK Gaffron presented the staff report. He stated the King's Cove Marina has requested a permit for a temporary above - ground gasoline storage tank. The intended use is to fuel new boats being sold at the property. They don't intend to sell fuel to the public. He said that the B -2 zoning does not allow above - ground fuel tanks. He said there are some setback and hardcover issues. He said that King's Cove has made a request that is going to require variances and is very likely going to require a change to the code that disallows above - ground tanks in the B- • 2. He asked if the Council would refer the application to the Planning Commission for a Commercial Site Plan review and direct staff to investigate whether above - ground tanks would or would not be appropriate in the B -2. Jabbour asked if Gaffron has informed King's Cove Marina of the requirements regarding above - ground tanks. Gaffron said he has not. Kelley asked if they are operating under a Conditional Use Permit. Gaffron said no, the marina is a permitted use in the B -2 zone and fuel sales is a permitted use. They don't intend to sell fuel and the code does not address fuel storage on the site absent fuel sales. Kelley asked if they need a permit to bring a truck in to fill boats. Gaffron said they don't need a permit, but he has not reviewed whether it is against the law for them to do it. Jabbour said both the fire Marshal and MPCA prohibit delivery of any class 1, 2 or 3 fuel except for certified containers, meaning a certified gas tank. A tanker cannot be used to fuel a • car or anything else. They make special provisions for boats and aircraft if the tanker is a gas Page 32 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 ( #23a) KING'S COVE MARINA, 1449 SHORELINE DRIVE - Continued • dispensing tanker. He said he is a strong proponent for above - ground tanks, but there are strict requirements. Kelley said he is not in favor of them pumping gas. Sansevere asked how long they have been doing it. He asked if it is a violation to have the tanker come in and pump gas. Jabbour said it is a major violation. Kelley gave some historical information regarding the property. He said it's his opinion that if they are allowed to pump gas, it would escalate the use of a minimal piece of property. Jabbour said the above - ground tank would reduce their available parking or add to their hardcover. Gaffron asked whether or not the Council wants to consider the issue of above - ground tanks in the B -2 and whether or not they want to accept an application for all the zoning issues they have been discussing. If the Council does not want to investigate above - ground tanks in the B -2, there is no point in doing the zoning application. Kelley aid he is in favor of above-ground tanks as a general policy. • Y � Flint said he prefers above - ground tanks to below -ground tanks. CITY ATTORNEY'S REPORT None. ( * #24) LICENSES Kelley moved, Sansevere seconded, a motion to approve the following licenses. VOTE: Ayes 4, Nays 0. SPECIAL EVENT PERMITS MSP Communications/Minneapolis St. Paul Magazine ASID Showcase Home 1999 Preview Event 1535 Bohn's Point Road May 14,1999,7:00 p.m. -11:00 p.m. 0 Page 33 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 12,1999 • ( * #24) LICENSES - Continued MSP Communications/Minneapolis St. Paul Magazine ASID Showcase Home 1999 Tour 1535 Bohn's Point Road May 15 - June 6,1999 Minnetonka Bass Club Fishing Contest Departing from Maxwell Bay and North Arm Access June 5, 1999, 6:30 a.m. - 7:30 a.m. March for Parks Walk/Bike Departing from Orono City Hall to Bike Trail to Luce Line Trail east and west May 2,1999,11:30 a.m. - 3:30 p.m. RESIDENTIAL KENNEL LICENSE Carol G. Brooks 980 West Ferndale Road Tris Klohn • 4455 North Shore Drive John T. Redmond 2695 Casco Point Road ( * #25) BILLS Flint moved, Kelley seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Flint moved, Kelley seconded, a motion to adjourn the meeting at 12:30 p.m. VOTE: Ayes 4, Nays 0. ATTEST: U� is Linda S. Vee, City Clerk Gabriel bbour, Mayor Page 34