HomeMy WebLinkAbout05-24-1999 Council Minutes• ORONO CITY COUNCIL MEETING
MEXUTES FOR MAY 24, 1999
ROLL
The Orono City Council met on the above date with the following members present:
Mayor Gabriel Jabbour, Council Members Bob Sansevere, Charles Kelley, Barbara Peterson, and
Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom
Barrett, City Engineer Tom Kellogg, Public Works Director Greg Gappa, Senior Planning
Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger, and Recorder Jackie Young.
Mayor Jabbour called the meeting to order at 7:02 p.m.
Item 41 follows Item #2.
CONSENT AGENDA
( #2) APPROVE /AMEND
• Items 8, 9, 11, 12, 14, 15, 17, and 19 through 25 were added to the Consent Agenda.
Sansevere moved, Flint seconded, to approve the Consent Agenda as amended.
VOTE: Ayes 5, Nays 0. ,
( #1) TOWNLINE ROAD OPTIONS
City Administrator Moorse stated the Cities of Maple Plain and Medina, along with Mn/DOT,
are requesting the City of Orono support their proposal to close and construct a cul -de -sac
at the north end of Townline Road to enable a signalized intersection at Highway 12 and
County Road 29 be constructed to solve a substantial traffic safety problem. Moorse stated
Mn/DOT is requesting the closure of Townline Road because reconstruction of the existing
railroad overpass at Townline Road is cost prohibitive.
Moorse commented that the benefits of closing Townline Road would enable Mn/DOT to
construct a signalized intersection at Highway 12 and County Road 29 which would substantially
improve safety as well as eliminate through traffic on Townline Road. This intersection would
also eliminate an at -grade railroad crossing and an access to Highway 12 but would provide a new
access to homes east of Townline Road and south of the railroad tracks.
One of the disadvantages of closing Townline Road is the elimination of the ability by Townline
. Road residents to use Highway 12 as an access to Maple Plain or to directly access Highway 12
ORONO CITY COUNCIL MEETING
MLT?TJTES FOR NLkY 24,1999
( #1 Townline Road Options, Continued)
as a route to the east and would require the residents to utilize County Road 6 as the route to the
east and as the route to Maple Plain. Traffic on Broadmoor Lane may also increase as a result
of people utilizing that road as a shortcut to Maple Plain. Moorse noted that emergency public
safety access is eliminated to Townline Road via Highway 12, requiring access from County
Road 6.
Moorse recommended that the City of Orono retain the potential to reopen Townline Road in the
Riture should the City Cot►ncil elect to proceed forward with Mn/DOT's proposal. Moorse noted
that Mayor Johnson of the City of Independence has written a letter expressing his opposition to
closing Townline Road.
Mayor Jabbour commented that this is the third time that the City of Orono has discussed this
issue, noting that the public hearing was held at the, first meeting with little information being
available at that time. Jabbour stated that the people in attendance at tonight's meeting will have
an opportunity to speak regarding this matter.
•
Mayor Jabbour stated that the railroad bridge would need to be reconstructed because it does not
meet Mn/DOT's highway standards for a stoplight. •
Tom O'Keefe, Mn/DOT Representative, stated the railroad bridge has an insufficient horizontal
and vertical clearance to allow Townline Road to remain open due to the safety concerns that
exist at that intersection. O'Keefe noted that the accident rate at this intersection is high and that
a stoplight would help alleviate the safety hazards that currently exist at that location. Mn/DOT
is not proposing to reconstruct the railroad bridge due to the excessive cost, which is estimated to
be approximately five million dollars.
Mayor Jabbour inquired whether the City could retain the potential to reopen Townline Road in
the future should the City so desire.
O'Keefe remarked that he does not see that as a possibility unless the City wanted to assume the
costs involved with reconstruction of the railroad bridge.
Dave Jellison, 4750 Creekwood Trail, commented that people currently use Townline Road
and requested that the road not be closed, noting that in his opinion it is doubtful that it will be
reopened in the future.
Mike Martin, 4912 Broadmoor, commented that in his opinion this intersection was poorly
designed in the beginning and questioned whether a stoplight would improve safety in that area.
O'Keefe remarked that the intersection is not working as presently designed, noting that it ranks
number three on MnDOT's accident list. O'Keefe stated that due to substandard sight lines that
exist with the railroad bridge, it is unsafe to keep Townline Road open due to the possibility that •
people might run a yellow light and not see oncoming traffic coming from Townline Road.
2
• ORONO CITY COUNCIL MEETING
MINUTES FOR MAY 24, 1999
( #1 Townline Road Options, Continued)
Council Member Kelley suggested that MnDOT install a stoplight at County Road 83 and
Highway 12 first and see how things progress.
O'Keefe stated in his opinion the intersection at Townline Road should be addressed first.
Mayor Jabbour inquired whether this intersection could be made a right -turn only.
O'Keefe stated that the same safety concerns would exist with traffic southbound on
Highway 29.
A resident in the audience inquired whether Mn/DOT would be agreeable to constructing the
stoplight at that intersection with Townline Road remaining open for one year to see whether the
accident rate is reduced.
Mayor Jabbour commented that in his view Mn/DOT is not proposing those options and that
Mn/DOT is requesting the City of Orono to approve their proposal as presented. Jabbour
• stated that in his opinion something needs to be done regarding this intersection, but that the City
Council really has not been given the opportunity to review their options.
Doug Hickey inquired whether Mn/DOT has considered lowering the speed limit in that area.
O'Keefe stated the high number of accidents in that area has raised a concern which needs to be
addressed.
Mayor Jabbour stated he has a concern with the easements that have been constructed in
Maple Plain onto Highway 12, with no frontage road being provided. Jabbour remarked that a
comprehensive plan for this area should be developed.
Kelley stated that a small parcel of land exists in Medina near Townline Road with plans being
proposed to construct 17 residential units in that area, which will also need access, and that that
area should be rezoned to five acre density to remain consistent with the surrounding land.
Flint stated he has a concern about traffic being rerouted along Broadmoor.
Sansevere stated he does not support Mn/DOT's proposal to close Townline Road at this time.
Jane Slaughter, Orono, commented she would like the City Council to support Mn/DOT's
proposal because the closing of Townline Road would enhance the safety of Highway 12 in
that area. Slaughter stated that the City of Orono established a public cartway on either side of
the Orono/Medina boundary from Townline Road and questioned whether the City Council will
• recognize that as a public crossing.
3
ORONO CITY COUNCIL MEETING •
MINUTES FOR MAY 24, 1999
( #1 Townline Road Options, Continued)
Tom Barrett, City Attorney, stated he is unfamiliar with the current status of that crossing, but
that the City does have the right to request a crossing across the railroad tracks. Barrett stated he
would need to review this situation further.
Mayor Jabbour inquired whether she was concerned that the City of Orono was not supporting
her right to access to Highway 12.
Slaughter remarked that she is very concerned that is the case.
Mayor Jabbour stated that the City of Orono will not leave any of its residents landlocked.
Jabbour commented that the City has attempted to work together with Mn/DOT on this issue but
were unable to reach an agreement on what should occur.
Slaughter commented that her attorney did send the City a letter regarding these issues.
Mayor Jabbour noted that the letter is included in the City Council's packet.
Jim Smith, Broadmoor, stated that the cost of reconstructing the bridge will only increase in the
future and that the City needs to look at alternative routes to Maple Plain. •
Mayor Jabbour stated in his opinion the money that would be used to reconstruct the railroad
bridge could better be utilized in the construction of frontage roads and the acquisition of property.
Jabbour commented he would like the City of Orono to have an opportunity to look at their
options more closely before a decision is reached on this issue.
O'Keefe requested that the City of Orono write a letter outlining their specific concerns and
questions regarding this project and that perhaps Mn/DOT could redesign this project.
Jabbour moved, Peterson seconded, to authorize City Staff to draft a letter to Mn/DOT
outlining the concerns of the City Council, as well as requesting Mn/DOT to look at a
comprehensive plan for County Road 6 and Highway 12 west to Delano.
Flint requested that Mayor Jabbour amend his motion to have Mn/DOT look at Highway 12 west
through Maple Plain.
Jabbour amended his motion, Peterson seconded, to authorize City Staff to draft a
letter to Mn/DOT outlining the concerns of the City Council, as well as requesting
Mn/DOT to look at a comprehensive plan for County Road 6 and Highway 12 west
through Maple Plain. VOTE: Ayes 5, Nays 0.
Mayor Jabbour requested that the City Attorney review the letter from the Slaughters and outline •
the City's position with regard to their access and the options available to the City, to be
completed within two months.
4
• ORONO CITY COUNCIL MEETING
MINUTES FOR MAY 24, 1999
APPROVAL OF MINUTES
*( #3) Regular Council Meeting of May 10, 1999
Sansevere moved, Flint seconded, to approve the minutes of the Regular Council
Meeting of May 10, 1999, as submitted. VOTE: Ayes 5, Nays 0.
*( #4) Reconvened Board of Review Meeting of May 10, 1999
Sans. i ere move?, Flint seconded, to approve the minutes of the Reconvened Board
of Review Meeting of May 10, 1999, as submitted. VOTE: Ayes 5, Nays 0.
*( #5) Special Council Meeting of May 11, 1999 (Woodhill Country Club Public Hearing)
Sansevere moved, Flint seconded, to approve the minutes of the Special City Council
Meeting of May 11, 1999 (Woodhill Country Club Public Hearing), as submitted.
VOTE: Ayes 5, Nays 0.
•
PARK COMMISSION COMMENTS
Jim White stated the Tour of Parks is scheduled for June 7, at 5:00 p.m., and invited the members
of the City Council to attend this event.
White stated that the Parks Commission has received a $5,000 donation for Saga Hills, and that
the March for Parks raised approximately $750. White noted that the March for Parks did not
have an overwhelming turnout.
White commented that the Parks Commission is considering construction of a half -court basketball
court at the Bederwood Park.
Mayor Jabbour stated that he has met with Hennepin Parks several times as well as the Cities of
Minnetonka, Minnetrista, Mound and Spring Park regarding the Dakota Trail to Rail project.
Jabbour noted that Hennepin Parks has included this trail in their comprehensive plan.
Flint commented that he has received a complaint regarding the potential fire hazard that exists
along the railroad tracks and the poor condition of the tracks.
Mayor Jabbour stated that this track is considered to be exempt from inspections regarding the
condition of the tracks.
Kelley stated work needs to be completed at Hackberry Park regarding the two baseball diamonds
and requested that the Public Works Director look into the situation.
ORONO CITY COUNCIL MEETING •
MINUTES FOR MAY 24, 1999
LAKE MINNETONKA CONSERVATION DISTRICT
Lili McMillan, LMCD Representative, thanked Mike Gaffron for appearing at the work session
that the LMCD sponsored recently, noting that the turnout was poor from the other participating
cities.
McMillan noted that turnout on the part of the Board has also been poor recently and that many of
the issues have been carried over to the next meeting.
Mayor Jabbour inquired whether the public was getting its due process if there was not a
quorum of the Board in attendance at meetings.
McMillan stated the president of the Board is concerned about this issue and is looking at the
options available.
Mayor Jabbour commented that there should have been better turnout at this last meeting since
Orono was invited to attend this meeting as LMCD's guest and there was not a quorum.
McMillan stated that LMCD's budget will be completed by July 1 st. McMillan noted that there
are some issues regarding the location where charter boats should be allowed to pick up and drop
off passengers, noting that some charter boats currently pick up at private residences. •
Mayor Jabbour thanked McMillan for her efforts on this committee.
McMillan noted that the City of Orono does put forth a good effort on this committee.
PLANNING COMMISSION COMMENTS
Janice Berg, Planning Commission Representative, stated she would be available for any questions
the City Council may have regarding the applications tonight.
PUBLIC COMMENTS
There were no public comments.
ZONING ADMINISTRATOR'S REPORT
( #6) #1321 ORONO SCHOOLS, 800 OLD CRYSTAL BAY ROAD NORTH -
EXTINGUISH CITY EASEMENT
Tom Crosby, Orono Schools, was present. .
31
• ORONO CITY COUNCIL MEETING
MINUTES FOR MAY 24, 1999
( #1321 Orono Schools, Continued)
Gaffron stated the Orono School District had previously divided a 51 acre parcel on the east side
of Old Crystal Bay Road into four large lots plus a road outlot in order to facilitate purchase of
the property. At that time the City had required that the private road outlot, Outlot A, be platted
to provide access to Lot 2, Block 1, which would otherwise be landlocked if for some reason the
entire purchase was not completed.
The School District is requesting that the road easement rights be extinguished per the developer's
agreement.
Crosby stated that the new school will be constructed in the vicinity of the outlot. In 1988, the
School District entered into a contract to purchase a portion of this land, noting that the northeast
corner is being leased by the City. Essentially the School District is requesting that the outlot
and the four lots be combined. The 1988 agreement states that the easement may
be extinguished provided the City retains its 10 foot perimeter easement. The City will also
retain the drainage easement located in the area of the wetlands.
Crosby stated he has been working with the City Attorney on a quit claim deed whereby the
• School District will provide a ten foot easement on Outlot A, and the easement will continue
aro?!nd the entire nnrral ?nd the wetland. Fssentia.11y this is a contract matter, not a street
vacation, and would not require any public hearings since this is a request under the 1988
Developer's Agreement.
Crosby stated that the School District has drafted a resolution for approval by the City, noting that
there are a few minor details that still need to be worked out.
City Attorney Barrett stated that he is satisfied with the School District's proposal. The original
contract called for a lot combination, which is what is being accomplished here, and not a
replatting. Barrett noted that the City does need to retain the easement around the entire parcel.
Barrett requested that the City Council pass a motion approving this proposal in principal and that
the final document will be prepared and presented to the City Council at its next meeting.
Kelley moved, Sansevere seconded, to approve in principal the School District's proposal
to vacate the easement on Outlot A provided that the City retains a 10 foot easement
around the entire parcel, and to authorize the City Attorney to prepare a resolution for
approval by the City Council at its next City Council meeting. VOTE: Ayes 5, Nays 0.
( #7) #2169 MICHAEL RENARD, 1185 TONKAWA ROAD - AMENDMENT OF
VARIANCE
0 Michael Renard was present.
7
ORONO CITY COUNCII. MEETING •
MINUTES FOR MAY 24, 1999
(14'21-59 Michael Renard, Continued)
Weinberger stated the Applicant is requesting approval of a variance related to revising the
structural coverage amount already approved in the 75 -250' hardcover variance approved in 1996.
The Applicant is proposing to remove an existing shed and its associated hardcover and replacing
it with a larger shed. The existing shed is currently located 2.36 feet from the property line, with
the new shed being located 10.36 feet from the property line, which will place it outside the
side yard setback.
Weinberger stated the Applicant received a hardcover variance in 1996 to allow 26.7 percent in
the 75 -250' lakeshore setback area, and is now proposing to trade the existing structural coverage
in the 75 -250' lakeshore setback area. The existing garage and sidewalk will be removed and
replaced with a larger garage.
The Planning Commission recommended denial of this application based on the fact that no
hardship inherent in the land was demonstrated to build a larger accessory building.
City Staff is also recommending denial of this application because hardcover on this property
currently exceeds over the 25 percent allowable hardcover. Weinberger noted that the hardcover
figures have been corrected to reflect that the hardcover will remain at 26.7 percent.
Renard stated that the new shed will be 12' by 21' and the existing shed is 12' by 14'. The •
hardcover in the 75 -250' will increase from 8.4 percent to 8.7 percent, where 15 percent is
allowed. Renard commented that the new shed will be located out of the side yard setback and
that this application would remove the existing shed which is located 2.63 feet from the property
line. Renard stated he would like to construct the larger garage to enable him to store his personal
property indoors and to be secured as well as aesthetically improve the lot.
Mayor Jabbour stated at the time the building permit was obtained in 1996, two of the City
Council members thought that the existing shed should be removed at that time. Jabbour
remarked that in general the City Council tries to be accommodating to its residents, and at the
time the resolution was passed, the City Council was attempting to make this shed legally
conforming. Jabbour commented that in his opinion the existing shed was not constructed with a
permit but had existed for a long time.
Renard stated that the shed has been in existence for at least 40 to 50 years.
Mayor Jabbour stated that if this application is approved, it sends the message that it is okay to
build a residence and then come back later with a request to build a larger garage which Would
exceed the allowable hardcover. Jabbour stated the Applicant could remove the existing shed and
construct a new shed to the same dimensions.
Renard remarked that the new shed would serve a good purpose by allowing him to store his
personal property indoors, noting that one of his trailers is 20.5 feet and the new shed will only be •
21 feet long.
0
• ORONO CITY COUNCIL MEETING
MINUTES FOR MAY 24, 1999
#2159 Michael Renard, Continued)
Sansevere commented that the new shed would be an improvement to what currently exists.
Kelley inquired whether the Applicant is proposing to grow grass up to the residence and
removing all the existing sidewalk.
Renard stated that the walkway will be removed as part of the project.
Sansevere stated he would like the existing shed relocated away from the property line. Sansevere
inquired whether there already was a garage on this property.
Renard stated that a garage does exist on the property and that this shed would function as storage
for his two trailers.
Peterson commented that she would have requested in 1996 that the shed be removed as part of
the previous application, noting that she would be in favor of allowing the Applicant to keep what
he presently has but to relocate the shed to make it legally conforming.
Mayor Jabbour inquired whether the Applicant could obtain a building permit for the new shed if
• constructed to the same size without a variance application.
i
Gaffron stated that permits could be obtained to do cosmetic improvements and some structural
improvements.
,:
Mayor Jabbour inquired whether the Applicant would like the City Council to pass a motion to
enable him to build a new shed to the same dimensions as the existing one.
Renard stated he would certainly consider that proposal by the City Council.
Sansevere inquired whether anything could be done to accommodate the additional six feet that the
Applicant is requesting.
Mayor Jabbour stated he feels the recommendation by the Planning Commission should be
followed.
Jabbour moved, Kelley seconded, to approve Application #2169, to allow the Applicant
to remove the existing shed at his option and to replace the existing shed with a new
shed to the same dimensions meeting the side yard setback requirements.
VOTE: Ayes 5, Nays 0.
E
ORONO CITY COUNCIL MEETING •
MINUTES FOR MAY 24,1999
*( #8) #2372 BARRY & JANICE HAGLUND, 4590 NORTH ARM LANE - EXTEND
EFFECTIVE PERIOD OF PRELIMINARY PLAT APPROVAL - RESOLUTION
NO. 4290
Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4290,
a Resolution Granting an Extension of the Effective Period of Preliminary Plat Approval
for a Plat Proposed at 4590 North Arm Drive West. VOTE: Ayes 5, Nays 0.
*( #9) #2438 MICHAEL SLETTEN/PETER ACHEY, 4680/4720 BAYSIDE ROAD -
LOT LINE REARRANGEMENT - REQUEST FOR EXTENSION - RESOLUTION
NO. 4291
Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4291,
a Resolution Granting an Extension of the Effective Period of Final Subdivision Approval
for a Lot Line Rearrangement at 4680/4720 Bayside Road. VOTE: Ayes 5, Nays 0.
( #10) #2466 JAMES RENCKENS /JOHN WINSTON, 3020 WATERTOWN ROAD -
PRELIMINARY PLAT APPROVAL - RECONSIDERATION
(Mayor Jabbour excused himself from this matter). •
James Renckens and John Winston were present.
Kelley stated this application appeared before the City Council at its April 12 meeting
where the preliminary plat application was approved 2 -1. The Applicant later requested at the
May 11 Council meeting that the City Council reconsider its action of April 12. The City Council
on May 11 voted 3 -0 to reconsider the application. The application was then tabled to allow the
interested parties to be notified.
Gaffron stated the Applicants have concerns regarding the creation of a 50 foot road outlot along
the north property boundary due to the impact that it will have on the property. City Staff
believes this issue stems in part from a philosophical difference between the City and its residents.
The City has an obligation to protect the general public health, safety and welfare of its residents
by establishing a local road system that provides access to the property, is adequate to allow for
the expected and required levels of general and emergency services, and is efficient to maintain.
The property owners' goal is a safe, private environment for families, and to accomplish this, the
typical property owner prefers dead -end roads rather than connecting roads. On the other hand,
the City has to provide corridors for future connections between private roads in order to establish
a system that can be easily maintained and that will provide alternate means of access in times of
emergency. The City also sets minimum design standards for private roads and long driveways in
order to ensure that the required access by service, maintenance and emergency vehicles is
feasible. These standards are consistent with the City's comprehensive plan.
10
• ORONO CITY COUNCIL MEETING
MINUTES FOR MAY 24, 1999
( #2466 James Renckens /John Winston, Continued)
City Staff believes that the zoning/subdivision code supports the position that a 50 foot private
road outlot be platted along the north boundary.
Gaffron stated that the Applicant is proposing to construct a residence on the northern portion of
this property with a driveway that would connect up to Crystal Creek Road. The Applicant has
concerns regarding the septic sites; however, there may be other suitable septic sites available on
this property.
City Staff recommends a 50 foot corridor along the north portion of the property and would prefer
to see a 30 foot outlot along the west side that maintains the integrity of the backlot ordinance.
Sansevere inquired why Outlot B was not considered for the road access.
Gaffron stated one reason is that the road would need to go through the middle of the two septic
sites located on that outlot.
Winston commented that they are appearing tonight before the City Council to have the
preliminary plat resolution amended. When the subdivision is completed, there will be two lots
. that exist, one 3.5 acres and the other 8.5 acres. The property owner is proposing the subdivision
to allow him the option to sell the 3.5 acre lot in the future. Winston stated that they would prefer
not to plat the 50 foot road over the northern portion of the property.
Winston noted that the City of Orono does not follow a grid system for its roadways and that the
City's map demonstrates a vast number of cul -de -sac streets due to the topography of the area.
This proposal by the Applicant is consistent with what currently exists in the City and that the
safety and privacy are top concerns of the residents of Orono. Winston stated that the majority of
the neighbors do not want to be connected to Crystal Bay Road.
Renckens commented that in his opinion this proposal is a much better proposal than what was
previously approved, noting that access off of Crystal Creek would provide safer access and would
prefer not to have the outlot. Renckens stated he does not favor the 50 foot road outlot in that it
will create increased traffic and is in conflict with good City planning. Renckens indicated he still
wishes to preserve the 30 foot access corridor to Watertown Road for potential future subdivision
access.
Flint indicated he has given this application a lot of thought, but in his view he feels that tonight's
proposal is a better proposal than what was previously approved. Flint stated that access off of
Crystal Creek is much better than what was previously approved. Flint stated that what
Exhibit D -3 reflects is not good for the neighborhood and would create a shortcut.
Flint noted that he does have concerns regarding access to Crystal Creek's Outlot B, although the
• property owner has acknowledged that he is responsible for providing access to that property.
11
ORONO CITY COUNCIL MEETING •
MINUTES FOR MAY 24, 1999
( #2466 James Renckens /John Winston, Continued)
Kelley noted that the Applicant is not giving up his right to go down to Watertown Road.
Renckens stated he is willing to give up his right to access Watertown Road if that was made a
condition by the City Council.
Kelley commented that the access to Outlot B is being pushed to another property owner with
this proposal.
Sansevere noted that Carlson agreed in 1991 to assume the responsibility to provide access to his
property.
Flint commented that Carlson in his view will be able to negotiate that access with Mn/DOT.
Peterson stated that she was on the City Council in 1991, when this 50 foot road outlot was
discussed, and will continue to vole in favor of the ,vau.
Alan Carlson, 3125 Fox, inquired how this matter will be voted on.
•
Kelley stated if there is a tie, the Mayor will be asked if he wishes to vote on this matter, and if
the Mayor declines to vote on this matter, the motion for reconsideration will fail and will go back
to the original application.
Flint commented that the vote for reconsideration occurred at the City Council's last meeting and
that the reconsideration is before the Council at this time.
Kelley stated if there is a tie and the Mayor declines to vote on this matter, then the application
will be denied and a new application will need to be submitted.
Flint stated that the City Council is being requested to amend the application to have the access
off of Crystal Creek.
Gaffron stated that the Planning Commission had recommended a 50 foot road outlot at the time
they considered the original application.
Kelley remarked that what is before the City Council is the original application where a 30 foot
access corridor would be required on the southern part of the property and a 50 foot road outlot
would be required across the northern section of the property.
Winston stated that the original application was for a two lot subdivision with no outlots. The
Planning Commission had recommended the establishment of a 30 foot and a 50 foot outlot,
12 0
• ORONO CITY COUNCIL MEETING
MINUTES FOR MAY 24, 1999
( #2466 J;.::= R= *en_s!j9hn Wineton, Ce*!tinued)
which is what came before the City Council at one of their previous meetings. Winston stated that
they are not requesting any outlots with their application. The City Council had approved the
application with the 50 foot outlot at the rear but did not require the 30 foot outlot. Winston
stated that it is the decision of the City Council to determine what outlots, if any, are necessary
with this subdivision.
Kelley commented that Mr. Winston's view is correct to his understanding.
Carlson commented that he wrote a letter regarding the history of this property, noting that he
inadvertently forgot to copy a portion of the letter. In 1991 it was anticipated that Crystal Creek
Road would be extended across the north piece of the Stubbs property. In exchange for that
road, the Stubbs property was expected to be able to access off of Crystal Creek Road. Carlson
remarked that the Resolution passed by the City Council stated that Carlson's undeveloped land
north of Crystal Creek would also hook up with the Crystal Creek Road through A. Stubbs
property. Carlson stated that this was the long -range plan of the City in 1991, and would provide
his property with access. Carlson remarked in his opinion Mn/DOT will not allow access off of
the new Highway 12, and that this 50 foot road outlot is necessary.
• Carlson stated in his opinion it is inappropriate for Mr. Winston to send the letters that he sent to
the City Council members and was intended to intimidate and vilify Mr. Kelley.
Winston stated that there are two incorrect statements that were made by Mr. Carlson; one, that
any road across the northern portion of the property being a benefit to the property owner is
erroneous. Currently there 'is no right by Mr. Renckens to access Crystal Bay Road and there is
no easement that exists. Mr. Renckens will need to negotiate access off of Crystal Bay Road.
Number two, Mr. Carlson does not have any right to access off of the Renckens' property. The
establishment of the 50 foot road across the northern section of the property will not benefit
Mr. Carlson's property because it is a private road. Winston stated that if an outlot is imposed by
the City, that does not entitle Mr. Carlson to any rights to utilize that road absent of the City
stating that this will be a public roadway.
Renckens stated that in his opinion Mr. Carlson does not have the right to t 11 the City Co!?ncil
members what he would like to see as far as traffic safety is concerned. ' Renckens commented
that Mr. Carlson had the option to purchase the piece of land at the top of Stubbs property and
that Mr. Carlson is now attempting to take his land for his own personal gain.
Flint inquired if this application is denied, when a new application could be submitted.
• 13
ORONO CITY COUNCIL MEETING •
MINUTES FOR MAY 24, 1999
( #2466 James Renckens /John Winston, Continued)
City Attorney Barrett stated that in his opinion there is no time period on a subdivision.
Gaffron stated that the Applicant can submit a new application for a subdivision, but if it is
denied, the Applicant needs to wait six months.
Flint requested that City Staff verify whether the Applicant would be required to wait to submit a
new application.
(Recess taken at 9:22 p.m. - 9:27 p.m.).
Kelley stated that it has been determined that the Applicants did receive a variance, which was
for a 30 foot outlot, and that the City Council approved the subdivision and granted the variance
by a 2 -1 vote. If the application is denied tonight, the Applicant will need to wait six months to
submit a new application.
City Attorney Barrett concurred with Kelley's statement.
Flint moved, Sansevere seconded, to approve Application #2466, 3020 Watertown Road,
without the requirement for a 50 foot outlot on Lot No. 1 and with the variance for a •
30 foot outlot on Lot No. 2, with the understanding that the Applicant will negotiate access
off of Crystal Creek Road with the Crystal Creek Homeowners Association.
Kelley inquired whether the motion included the 30 foot outlot.
I
Flint indicated that was included in his motion, with access being negotiated off of Crystal Creek.
Kelley inquired how the City would become aware of the fact that access was granted off of
Crystal Creek.
Flint stated that access off of Crystal Creek would be a condition of the subdivision.
Kelley commented that the Applicant will need to present a letter to the City from the
Crystal Creek Homeowners Association indicating that
Flint amended his motion, Sansevere seconded, to include the condition that the
Applicant submit a letter showing that access will be allowed off of Crystal Creek Road
from the Crystal Creek Homeowners Association before the final plat is approved on
this subdivision. VOTE: Ayes 2, Nays 2, Kelley and Peterson opposed.
14 •
• ORONO CITY COUNCIL MEETING
MINUTES FOR MAY 24, 1999
( #2466 James Renckens /John Winston, Continued)
City Attorney Barrett stated because the motion was unsuccessful, the application for a
subdivision has been declined and that a resolution stating the reasons for the denial should be
brought back before the City Council at its next meeting. The Applicant would then be required
to wait six months before a new application can be submitted since this variance was denied.
Mayor Jabbour indicated that he does intend to vote on the new application, noting that he
abstained on this matter tonight because he has made an offer on this property for his daughter.
Kelley inquired whether the Applicants would be required to go back before the Planning
Commission.
Mayor Jabbour stated a new application would need to be submitted to the Planning Commission.
*( #11) #2469 STEVEN AND JO WEBSTER, 500 ORONO ORCHARD ROAD SOUTH -
VARIANCES - RESOLUTION NO. 4292
• Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4292,
a Resolution Granting Variances to Setbacks to Allow a Residential and Garage Addition
to the Existing Residence Located at 500 Orono Orchard Road South.
VOTE: Ayes 5, Nays 0.
*( #12) #2483 TRENT REZABEK, 3200 BAYSIDE ROAD - VARIANCE RENEWAL -
RESOLUTION NO. 4293
Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4293,
a Resolution Granting Variances to Permit Construction of an 8' by 12' Entryway
Addition to the Existing Residence Located at 3200 Bayside Road.
VOTE: Ayes 5, Nays 0.
( #13) #2484 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD - CONDITIONAL
USE PERMIT
Mayor Jabbour moved, Peterson seconded, to table Application #2484 to the June 14, 1999
City Council meeting. VOTE: Ayes 4 -0 -1, Kelley Abstained.
0 15
ORONO CITY COUNCIL MEETING •
MINUTES FOR MAY 24, 1999
*( #14) #2485 ALEX AND CATHY JOHNSTON, 940 BROWN ROAD SOUTH -
CONDITIONAL USE PERMIT - RESOLUTION NO. 4294
Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4294,
a Resolution Granting a Conditional Use Permit to Allow a Guest House for Property
Located at 940 Brown Road South. VOTE: Ayes 5, Nays 0.
*( #15) #2487 ROBERTA A. ROTH, 1251 BRIAR STREET - VARIANCES -
RESOLUTION NO. 4295
Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4295,
a Resolution Granting Variances to Permit Removal of an Existing House and
Construction of a New Residence on the Existing Foundation for Property Located at
1251 Briar Street. VOTE: Ayes 5, Nays 0.
( #16) #2493 KATHERINE TAYLOR HOMES, 692 TONKAWA ROAD - VARIANCES -
RESOLUTION NO. 4296
Katherine Taylor was present.
Barbara Pugh, property owner, was present.
Weinberger stated that the Applicant is requesting several variances to construct a two -car garage
where a one car garage exists and attach a deck to the second garage on the property. Currently
there are two garages on the property, the first is a one -stall detached located on Tonkawa Road
and the second is a two -car garage attached to the house. Weinberger stated the property owner
had converted a cabin into a year -round residence and that this property does contain a higher
water table.
Weinberger stated the one -stall garage is presently located 2.3 feet from the property line and
would require variances to the side yard setback and street setback to add a second stall to the
garage. The second option that is before the City Council tonight is proposing to construct a
two -car detached garage which .would require a variance to the existing hardcover. This garage
would replace the existing one -stall garage located 10 feet from Tonkawa Road.
Weinberger stated the second portion of this application is requesting a variance to construct a
second story deck and spiral staircase to the existing residence. These improvements have
received building permits and are currently underway. A hardcover variance is being requested to
allow the deck to be located within the 75 -250' setback from the lake. This will be new
hardcover that will not increase the amount of hardcover because the deck will be located over
existing hardcover.
16 •
• ORONO CITY COUNCIL MEETING
MINUTES FOR MAY 24, 1999
( #2493 Katherine Taylor Homes, Continued)
Weinberger remarked that Option A would require hardcover in the amount of 70.2 percent
where currently 42.5 percent exists, and Option B is proposing hardcover in the amount of 52.9
percent where 42.5 percent currently exists.
The Planning Commission recommended to approve the variance to construct a second story
deck and spiral staircase to the existing residence and to deny variances to permit a two stall
detached garage near the street property line.
City Staff is also recommending denial of the application for additional structure for the garage
because it would exceed the allowable 15 percent structural coverage. Staff is recommending
approval of the variance for the deck above the attached garage.
Pugh stated that she will be getting married in the near future and that the additional room is
needed for storage of the extra vehicle and other items. Pugh commented that in her opinion it
would be better from an aesthetic point of view to store the vehicles inside rather than leaving
them sit outside which creates a cluttered look, noting that she currently pays for off -site storage.
• Taylor commented to her understanding the hardcover numbers are not accurate.
Mayor Jabbour stated that the hardcover figures should be determined by a surveyor, and if the
hardcover numbers are incorrect, then the application should be sent back to the Planning
Commission once the new, figures are obtained.
Taylor stated that she would like those numbers to be verified. Taylor commented that the
property owner is requesting additional storage space on this parcel.
Mayor Jabbour stated that by state law the Applicant must demonstrate a hardship that is
inherit to the land in order to be granted a variance. Jabbour commented that it is highly
unreasonable to have three cars on a parcel of land that consists of only one -third of an acre.
Kelley remarked that the Applicant needs to verify the hardcover numbers and structural
coverage before the City Council can act on this application.
Weinberger stated that the actual lot area is calculated correctly, but the issue is how that
hardcover is broken down between the two setbacks.
Kelley moved, Peterson seconded, to table Application #2493, 692 Tonkawa Road,
to allow the Applicant time to verify the hardcover numbers. NO VOTE TAKEN.
0 17
ORONO CITY COUNCIL MEETING •
MINUTES FOR MAY 24, 1999
( #2493 Katherine Taylor Homes, Continued)
Taylor inquired whether both portions of the application were being tabled tonight.
Mayor Jabbour stated that both portions of the application are being tabled.
Kelley stated that if the garage is taken out, then he does not have a problem with the deck.
Kelley moved, Peterson seconded, to withdraw the motion to table this application.
VOTE: Ayes 5, Nays 0.
The Applicant was advised to revise the survey to correct the hardcover calculations.
Peterson moved, Kelley seconded, to adopt RESOLUTION NO. 4296 approving the portion
of Application #2493, 692 Tonkawa Road, granting a variance to construct a second story
deck and spiral staircase to the existing residence, and to amend the resolution to reflect the
hardcover figures in the 75 -250' setback and in the 250 -500' setback. VOTE: Ayes 5, Nays
0.
*( #17) #2494 DAN ANDERSEN, 2885 LITTLE ORCHARD WAY - VARIANCES - .
RESOLUTION NO. 4297
Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4297,
a Resolution Granting a Variance to Permit an Oversized Accessory Building to be
Relocated on the Property Absent of a Principal Structure. VOTE: Ayes 5, Nays 0.
(trio) ifLYiJ LVll �A1 L D.E V LOP1t�NT, HAVING AN TATTTT7`C�T Al A 1025
1-k lrlr T,'Sr L\ J
BROWN ROAD SOUTH
A. Carriage Hill Final Plat
Steven Bohl, on behalf of Bohland Development, was present.
Weinberger stated that some issues had arisen since approval of the plat of Carriage Hill on
May 10, 1999. Those issues have since been resolved and a few minor changes to the plat
have occurred, including revised legal descriptions and correcting lot dimensions. However, the
lot arrangement and road layout have not changed from the Preliminary Plat Approval.
City Staff recommends approval of the final plat with the addition to the final plat stating that
Lot 1, Block 1 will have covenants placed over them, noting that the Applicant does agree with
that provision.
18 is
• ' ORONO CITY COUNCIL MEETING
MINUTES FOR MAY 24, 1999
( #2495 Bohland Development, Continued).
B. Entrance Monuments Plan for Carriage Hill - Resolution No. 4298
Weinberger stated that the mylars have been submitted and that the recording of the easements
over Lots 5 and 6 is required adjacent to Outlot C. The monuments would be located in each of
the corners. The resolution requiring the monuments is in the City Council's packet, and the
Applicant is proposing a concrete monument with a stone finish. The owner is responsible for
the upkeep and maintenance of these monuments.
City Staff is recommending approval of the monument pan, wnicn was a requirement before
final plat approval.
City Attorney Barrett stated that he is comfortable with this application now that the mylars have
been submitted.
The Applicant had no comment.
Kelley moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4298,
a Resolution Approving the Entrance Monument Plan for Carriage Hill.
• VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Mayor Jabbour remarked that he is concerned about the lack of attendance at the LMCD
meetings and that the citizens of Orono may not be receiving the best service due to the poor
attendance. Jabbour commented that Orono's Senior Planning Coordinator was invited to give a
presentation at LMCD's last meeting, which was very poorly attended and was, in his view, a
waste of Mr. Gaffron's time. Jabbour stated that the LMCD should perhaps look at how they can
improve that board.
Mayor Jabbour stated that the City Council should have clear thresholds established which should
be followed by the City Council in making a determination on whether to revisit an application
to avoid people coming back time and time again. Jabbour stated that the residents should be
given their rights and that the City Council needs to be consistent in their decisions.
Moorse indicated that this issue has been discussed at the Planning Commission level as well
and that the Applicants need to conform to the conditions requested by the Planning Commission.
Kelley inquired before an item is placed on the consent agenda if the people in attendance at the
meeting should be given an opportunity to speak on a specific application.
• 19
ORONO CITY COUNCIL MEETING •
MINUTES FOR MAY 24, 1999
(Mayor /Council Report, Continued)
Flint noted that the general public has an opportunity to speak to an application at the Planning
Commission level.
Mayor Jabbour suggested that perhaps a line could be added to the Zoning Administrator's
report indicating if there are any concerns by the neighbors.
Kelley inquired whether the City Council should make a decision on the applicants for the
Planning Commission vacancy.
Moorse indicated that there was one more candidate that indicated a desire to be interviewed.
Kelley noted that the candidate had two opportunities to appear and has not done so.
It was the consensus of the City Council that they were in support of Daniel Kluth and
Jay Nygaard.
Peterson moved, Kelley seconded, to appoint Jay Nygaard and Daniel Kluth to the
Planning Commission, effective immediately, and to direct City Staff to send a letter
to all the applicants thanking them for their interest. VOTE: Ayes 5, Nays 0. •
Kelley suggested that the two new appointees be invited to meet with City Staff to familiarize
themselves with Orono's Comprehensive Plan and the City's Ordinances.
Kelley requested that the City Administrator look at the possibility of hiring a fire marshal for
the City of Orono rather than contract one out.
Kelley requested that he be notified of the Fire Commission meetings when the new fire station
will be discussed.
Peterson indicated that she would be willing to be an alternate.
Flint stated that he has been contacted by Shingobee Builders who have indicated that there is a
potential buyer for the church property in Navarre, but that they have concerns regarding the
limited parking. Flint suggested that perhaps the municipal parking lot could be utilized on
Sunday to accommodate the parking on Sunday. Flint stated that a meeting is scheduled for
Tuesday at 9:00 a.m., to discuss this site and questioned whether someone from City Staff could
attend that meeting as well.
Gaffron stated that there are building code issues that would need to be addressed before the
building could be occupied. Gaffron commented that utilizing the municipal parking lot on the
weekends would not pose a problem.
Flint commented that in his view it would be a mistake to wait until an application is submitted •
before meeting with the prospective developer.
20
• ORONO CITY COUNCIL MEETING
MINUTES FOR MAY 24, 1999
(Mayor /Council Report, Continued)
hloorse stated that the people who would best be able to answer their questions are unable to
attend Tuesday's meeting, but that perhaps an invitation could be extended to them to meet with
City Staff another time.
Gappa stated that he will have someone from the Public Works Department attend the meeting
but that it will be necessary to meet with the building official at a later time.
Flint commended Gappa on the letter he wrote regarding the project on Ferndale.
ENGINEER REPORT
City Engineer Tom Kellogg had nothing to report.
CITY ADMINISTRATOR'S REPORT
*( #19) Water Meter for Golf Course Irrigation System
• Sansevere moved, Flint seconded, to approve purchase of a water meter for the golf
course irrigation system from Bergerson and Caswell, Inc., for $2,153.96 to be paid
for from the Golf Course Fund, and to amend the 1999 Golf Course Capital Outlay
Budget to include this expenditure. VOTE: Ayes 5, Nays 0.
0
*( #20) Adoption of 1997 Uniform Building Code with State Amendments - Ordinance
No. 188, 2nd Series
Sansevere moved, Flint seconded, to adopt ORDINANCE NO. 188, Second Series, and
to adopt the updated version of the Minnesota State Building Code (1997 UBC), and
to direct City Staff to prepare an amendment of the Orono Fee Schedule for Council's
action at their June 14, 1999 meeting to reflect an increase of approximately 11 percent
in building permit fees. VOTE: Ayes 5, Nays 0.
*( #21) CDBG Joint Cooperative Agreement - Resolution No. 4299
Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4299,
a Resolution Authorizing the Execution of a Joint Cooperation Agreement Between
the City of Orono and Hennepin County for Participation in the Urban Hennepin County
Community Development Block Grant Program in Fiscal Year 2000 - 2002.
VOTE: Ayes 5, Nays 0.
21
ORONO CITY COUNCIL MEETING •
MINUTES FOR MAY 24, 1999
*( #22) 1999 Interfund Transfers and Loan Payment
Sansevere moved, Flint seconded, to approve the interfund operating transfers, loan
payments and special assessment payments on City owned property as presented,
effective April 30, 1999. VOTE: Ayes 5, Nays 0.
*( #23) Authorization of Temporary Full -time Work Schedule for Officer Tony Wittke
Sansevere moved, Flint seconded, to authorize Officer Tony Wittke to be placed into a
full -time work schedule on a temporary basis effective May 18, 1999, at a pay rate of
$14.13 per hour, to continue until Officer Steve McNally returns to duty.
VOTE: Ayes 5, Nays 0.
*( #24) Authorization of Partial Refund of Building Permit Fee
Sansevere moved, Flint seconded, to authorize the partial refund of fees to Tony Eiden
Company in the amount of $1,659.81. VOTE: Ayes 5, Nays 0.
*( #25) Call Bond Sale to Fund Sewer Projects - Resolution No. 4300 •
Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4300,
a Resolution Providinb for the Sale of $1,190,000 f'Pneral Obligation Improvement
Bonds, Series 1999. VOTE: Ayes 5, Nays 0.
CITY ATTORNEY'S REPORT
City Attorney Tom Barrett had nothing to report.
*( #26) LICENSES
Sansevere moved, Flint seconded, to approve the following licenses:
Residential Kennel License:
Eric and Kristal Wilson
2683 North Shore Drive
22
0
•
n
LJ
ORONO CITY COUNCIL MEETING
MINUTES FOR MAY 24, 1999
( #26 Licenses, Continued)
Garbage & Refuse Collector's License:
Craig Baldy
Baldy Sanitation
5906 Henry Street
Maple Plain, MN 55359
Pamela Tesch
BFI - Browning Ferris Industries
9813 Flying Cloud Drive
Eden Prairie, MN 55437
Douglas Hawkinson
Cleanway Sanitation, Inc.
P.O. Box 220
Long Lake, MN 55356
Donald Rachel
Veit Container Corp dba Veit Disposal Systems
14000 Veit Place
Rogers, MN 55374
*( #27) BILLS
Sansevere moved, Kelley seconded, to approve of the All Funds Account.
VOTE: Ayes 5, Nays 0.
ADJOURNMENT
Jabbour moved, Peterson seconded, to adjourn the meeting at 10:40 p.m.
VOTE: Ayes 5, Nays 0.
Gabrie Jabbour, Mayor
23
ATTEST:
-G' LZ/ 1/ .CX✓
ind ee, City Clerk