Loading...
HomeMy WebLinkAbout08-09-1999 Council MinutesORONO CITY COUNCIL MEETING • MINUTES FOR AUGUST 9, 1999 ROLL CALL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Richard Flint, Barbara Peterson, and Charles Kelley. Council Member Sansevere arrived at 7:25 p.m. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Kris Jenson, City Engineer Tom Kellogg, Public Works Director Greg Gappa, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:01 p.m. CONSENT AGENDA ( #1) APPROVE /AMEND Items 4, 6, 7, 12, 13, 14, 15, and 16 were added to the Consent Agenda. Flint moved, Kelley seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. . APPROVAL OF MINUTES *( #2) Regular Council Meeting of July 26, 1999 Flint moved, Kelley seconded, to approve the minutes of the Regular City Council Meeting of July 26, 1999, as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS. - Irene Silber, Representative This item follows Public Comments. PLANNING COMMISSION COMMENTS - Sandy Smith, Representative Smith stated she would be available at tonight's meeting for any questions. PUBLIC COMMENTS Jim Renckens, 3020 Watertown Road, addressed the City Council regarding the new Highway 12 corridor and his concerns over the lack of a noise wall or berm for properties west of Old Crystal Bay Road and south of the new corridor. Renckens requested that the City Council support the local residents on this issue by asking that Mn /DOT install a retaining wall or some type of barricade to shield the noise and lights from the new highway. Renckens noted he has submitted a letter to the City Administrator regarding this item. Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9, 1999 (Public Comments, Continued) Mayor Jabbour stated that the City of Orono is very concerned about the lack of a noise wall in this area and that Mn /DOT has been addressed concerning this issue. Jabbour stated that Mn /DOT uses a formula that requires so many homes exist in the area before any noise wall will be constructed. Jabbour stated that Mn /DOT has been informed that this land will be further developed in the future and that the City is requesting that a noise wall or berm be built in this area to accommodate the existing homes as well as any future homes that may be constructed in this area. Jabbour commented that the grade of the new highway cannot be changed. Moorse stated it will be a few more weeks before the new plans are received for the Highway 12 corridor. Kelley commented that if this grade is going to be lowered, then the excavated dirt could be utilized to build a berm in this area. Mayor Jabbour stated that the City of Orono needs to review the preliminary design and insure that there are proper rights -of -way and ingress and egress along the new corridor. Jabbour remarked that if the rights -of -way are not at a proper width, a berm would not be possible. The preliminary plans are expected to be ready by the end of August, with the City having 120 days to review the plans. Jabbour commented that the City of Orono is concerned about this issue, but at this time do not have a definite answer from Mn/DOT regarding the berm or noise wall. Bob Carlson, Jyland Homes, addressed. the City Council regarding the possibility of utilizing the • Navarre public parking lot to accommodate` visitors who wish to visit a residence listed on the Parade of Homes located at 2933 Westwood Ridge in Minnetonka Beach.- `Carlson stated that they would like to use the parking lot September 11th, 12th, 16th, 19th, 23th, and 26th, as well as October 1st, 2nd, and 3rd, during the hours of 12:00 to 6:00 p.m., on the weekends and 3:00 - 8:00 p.m., during the week. Carlson stated they are planning to utilize a van to transport the visitors from the parking lot to the residence. Gappa stated that there are 90 parking spots available in the parking lot, with approximately 30 cars utilizing it this afternoon at 1:30 p.m. Gappa stated he was not aware of the number of cars who utilized the parking lot on the weekends. Carlson stated they are anticipating 20 to 25 cars during the week at any one time, with 40 to 50 cars on the weekend at any one time. Gappa commented that he is not aware of when the overlay of this parking lot will occur. Moorse stated that in the past when this lot has been utilized for other events he has received complaints from the business owners regarding the lack of available parking for their customers on the weekends. Moorse commented that Carlson's proposal would probably not pose a problem during the week. Mayor Jabbour commented that the City could perhaps designate 25 -parking spots for this event, with some policing of the area to insure that this number is not exceeded. Jabbour inquired whether Carlson has considered the Minnetonka Art Center. Carlson stated they have been contacted but they have not received an answer back as of this S time, noting that 25 parking spots probably will not be adequate on the weekends. Page 2 ORONO CITY COUNCIL MEETING • MINUTES FOR AUGUST 9,1999 (Public Comments, Continued) Mayor Jabbour noted that the City of Orono only owns one -half of this lot, with the private business owners owning the otherhalf. Kelley stated he would be willing to allow use of 25 parking spots during the week and 40 on the weekend, with.the applicant assuming responsibility to monitor the number of cars. Carlson stated he would be willing to have an attendant on duty. Gappa commented that this type.of item is normally approved under licenses. Kelley moved, Peterson seconded, to permit Jyland Homes to utilize the Navarre Municipal Parking Lot, with the understanding that a maximum of 25 parking spots will be allowed during the week and 40 parking spots on the weekends in order to accommodate visitors to the Parade of Home residence located at 2933 Westwood Ridge, subject to any conditions City Staff feels are appropriate, and further subject to the understanding that this approval may be rescinded by the City if there are any problems. VOTE: Ayes 4, Nays 0. Mayor Jabbour requested that City Staff inform the business owners in this area about this event. PARK COMMISSION COMMENTS - Irene Silber, Representative • Silber presented the City Council with a potential survey that the Parks Commission is interested in mailing to the residents within approximately a one mile radius of Saga Hill Park. The survey, is intended to get the residents' input regarding some possible passive and active uses for this park. Silber commented that the Parks Commission would like to see the Stubbs Bay project proceed forward. The Parks Commission is excited about the Dakota Rail to Trail project, and work is proceeding forward on the Navarre park to make it a more inviting park. Mayor Jabbour commented that the City is working diligently on acquiring some additional property in Navarre. Jabbour stated that the Dakota Trail to Rail project is also proceeding forward. ZONING ADMINISTRATOR'S REPORT ( #3) #2410 PETER AND DARSI BOYNTON, 1973 FAGERNESS POINT ROAD- VARIANCES AND CONDITIONAL USE PERMIT - RESOLUTION NO. 43,28 Darsi Boynton, Applicant, was present, along with Joe Dzurik, Contractor. Weinberger stated this application has appeared before the Planning Commission approximately five or six times over the past year. The Applicants have revised their plan on several occasions in an effort to comply with the Planning Commission's recommendations. The current plan submitted by the Applicants proposes to remove the existing structure and construct a new . residence. The proposed residence requires multiple variances for lot area and lot width, hardcover in the 0 -250' setbacks, lakeshore setback, rear yard setback, and a Conditional Use Permit for Land Alteration in the 75' lakeshore setback. Due to the uniqueness of the lot, with lakeshore on both sides of the property, no suitable building pad exists without the need for some type of variance. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9, 1999 • ( #2410 Peter and Darsi Boynton, Continued) Weinberger stated a variance is needed to the lakeshore setback to'allow the residence to be located 47.59 feet from the OWHL of Lake Minnetonka where 75' is required and 21.01' from the street lot line where 30` is .required. The Applicants are proposing to reduce the hardcover in the 0 -75' Lakeshore to 11 percent where currently 22 percent exists. Under City Codes, no hardcover is allowed in the 0 -75' setback. The Planning Commission has recommended denial of the Conditional Use Permit to permit grading within 75' of the lakeshore, but is recommending approval of the variances as proposed on this most recent revised plan due to a hardship based on the uniqueness of the lot. Boynton stated that they have worked hard to revise their plan in an effort to meet the recommendations of the Planning Commission. Boynton remarked that she has briefly reviewed the resolution that is before the City Council tonight. Mayor Jabbour commented that the resolution, if approved, will be filed with the title to the property. Dzurik stated that the Applicants are not proposing to do any excavation outside what is necessary -for construction of the house, with the grade for the existing walkout remaining as is. Mayor Jabbour stated that the Applicants will be issued a grading permit to allow for construction of the proposed residence. Kelley moved, Sansevere seconded, -to approve Application #2410,1973 Fagerness Point •. Road, and adopt RESOLUTION NO. 4328, a Resolution Granting-Variances to Lot Area, Lot Width, Lakeshore Setback, Rear Yard Setback, and Grading Within 75' of Lake Minnetonka, and to Deny a Conditional Use Permit for the Purpose of Creating a Walkout of the Lower Level of the Residence Within 75' of the Lakeshore. Mayor Jabbour thanked the Planning Commission for their fine efforts on this application. Kelley stated that he appreciated the efforts of the Applicant to move the house back to accommodate the neighbors and the recommendations of the Planning Commission. VOTE: Ayes 5, Nays 0. - *(#4) #2474 C. STEVEN AND SUSAN WILSON, 325 BROWN ROAD12150 ABINGDON WAY - VACATION OF DRAINAGE AND UTILITY EASEMENT - RESOLUTION NO. 4329 Flint moved, Kelley seconded, to approve and adopt RESOLUTION NO. 4329, a Resolution Vacating Drainage and Utility Easement Within the Plat of Abingdon Glen and Release of the East 60 Feet of Lot 5, Block 1, Abingdon Glen from Private Road Easement in the City of Orono, Hennepin County, Minnesota. VOTE: Ayes 4, Nays 0. ( #5) #2479 PETER ANDREA CO., 555 STUBBS BAY ROAD NORTH - PRELIMINARY . SUBDIVISION - RESOLUTION NO. 4330 Mark Gronberg, Architect, was present, along with Jim Deanovic, Peter Andrea Company. • Page 4 ORONO CITY COUNCIL MEETING • MINUTES FOR AUGUST 9, 1999 ( #2479 Peter Andrea Co., Continued) Weinberger stated the Applicant is proposing a seven lot rural residential development consisting of five acre parcels located along Stubbs Bay Road. This property is currently zoned five acres, with all proposed parcels meeting the minimum requirements for this zoning district with a portion of the property being taken out of the total area for the proposed ponding as well as any Orono designated wetlands. Weinberger stated the lots would be served by a private road shown as Outlot A, which ends in a cul -de -sac between Lot 1, Block 2 and Lot 2, Block 1. All of the lots would be required to gain access through Outlot A. Lot 1, Block 1, would be served temporarily through a second outlot, Outlot B, and a third outlot, which is for future access and road designation to the north if access to the west is ever required. Weinberger remarked that the property is surrounded by other parcels in the five acre zoning district, with the properties to the east being zoned two acre. Each lot does appear to demonstrate a suitable building site within the allowed setbacks, with no variances being required for the septic sites on these lots. Steve Weckman has approved each of the proposed septic sites. Lot 1, Block 1, is proposed at this time to consist of 9.12 acres and is subject to a future taking by Mn/DOT for an interchange with the new Highway 12 corridor. Mn /DOT is proposing to take approximately four acres of this parcel, which would still allow the lot to meet the five acre minimum zoning requirement. Weinberger stated that some concerns were expressed by a neighbor regarding the location of the road and the possibility of headlights shining into their residence. Attempts have been made by the contractor and City Staff to relocate the driveway, but the proposed layout has been found to be the best in order to maintain the five acre lots. The Planning Commission has recommended approval of this application. City Staff is recommending approval of this application as well based on the fact that all lots meet the conditions of the five acre zoning district. Gronberg commented that he has attempted to discuss this issue with the neighbors affected by the driveway, but was unable to contact them because they were out of town on vacation. Gronberg stated that he has reviewed the situation and considered the possibility of turning the driveway slightly to the south, but in his view this would not improve the situation. Gronberg stated the Applicant would be willing to provide some plantings if so desired to help reduce the headlights. Deanovic commented that in his opinion the neighbors did not have the accurate location of the driveway and that this should not pose a major problem. Gronberg stated there is a fair number of trees already in this area. Mayor Jabbour inquired how the City can be assured that this road will become a through road if necessary in the future. Deanovic stated the City will have an easement over the road and that access will need to be negotiated in good faith to help recoup some of the costs to construct the road. • Mayor Jabbour stated that it is the City's understanding that this cul-de -sac may eventually become a through street. Jabbour commented that the policy regarding the 28 foot street was developed a number of years ago and that the City is now allowing narrower streets. age 5 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9, 1999 ( #2479 Peter Andrea Co., Continued) Kelley suggested that the entire width of the road be made consistent rather than vary from being 56`feet wide at the north end and 33 feet wide at the south end. Kelley commented that he would like to see the road also be platted as a through road, but that the City probably would not want to see access off of County Road 6. Kelley stated he is in favor of the subdivision. Kelley inquired whether the Applicant was aware that a cul-de -sac will be constructed on Stubbs Bay. Deanovic replied that he was. Sansevere moved, Kelley seconded, to approve Application #2479, and adopt RESOLUTION NO. 4330, a Resolution Granting Preliminary Approval of a Class III Subdivision Located at 555 Stubbs Bay Road for Peter Andrea Company, subject to City Staff notifying Mn /DOT of the preliminary plat for this area and the impact on the north lot as it relates to the new Highway 12 corridor, and further subject to the inclusion of the provision that a through street be platted for this subdivision. Kelley inquired whether the easement to the south should be vacated. . T • Weinberger stated that the easement to the south could be dedicated as a through area and that City Staff may want to review whether or not a portion of the area is needed for future access. VOTE: Ayes 5, Nays 0. • *( #6) #2492 RICK AND GAIL LUZAICH, 2490 OLD BEACH ROAD - VARIANCE AND CONDITIONAL USE PERMIT - EXTENSION OF 60 DAY APPLICATION DEADLINE Flint moved, Kelley seconded, to continue action on this application to the August 23, 1999 Council meeting. VOTE: Ayes 4, Nays 0. *( #7) #2501 CITY OF ORONO, 3601 BAYSIDE ROAD - VARIANCES AND CONDITIONAL USE PERMIT - RESOLUTION NO. 4331 Flint moved, Kelley seconded, to approve and adopt RESOLUTION NO. 4331, a Resolution Granting Variances to Permit an Access Trail Within the 0 -75 feet Lakeshore Setback to Provide Public Access to an Existing City Dock Located on the North End of Stubbs Bay and to Grant a Conditional Use Permit to Allow Filling of 180 Square Feet of a Non -Orono Protected Wetland; Grading within the 0 -75 Foot Lakeshore Setback and Within Five Feet. of a Property Line; and Placement of 12 Cubic Yards of Fill Material Within the 0 -75 Feet Lakeshore Setback; to Permit Access to an Existing City Dock Located on the North End of Stubbs Bay. VOTE: Ayes 4, Nays 0. ( #8) #2504 WARREN AND TANA GARRETT, 650 BROWN ROAD NORTH - VARIANCES - RESOLUTION NO. 4332 Warren Garrett, Applicant, was present. Page ORONO CITY COUNCIL MEETING • MINUTES FOR AUGUST 9, 1999 ( #2504 Warren and Tana Garrett, Continued) Jenson stated the. Applicants are requesting variances in order to construct a 12 by 20' home addition, an addition to the existing deck, and construction of an inground swimming pool. The initial application by the Applicant included a request to construct a split -rail fence along the property line, from the driveway to the Lakeshore. The Applicant withdrew the request for the fence at the Planning Commission meeting. The Planning Commission recommended approval of the variances for the addition to the house, the deck addition, and the inground swimming pool, but recommended denial of the variances to allow construction of a five foot high split -rail fence. Jenson stated that a mature stand of trees would prohibit the neighbors from having a view of the new addition and swimming pool. Garrett commented he has read the resolution before the City Council tonight. Garrett stated he will withdraw his application for the fence due to some complaints by one of the neighbors. The fence was designed to help deter trespassers onto his property from the adjoining Long Lake park, but the number of trespassers has declined this past year. Mayor Jabbour stated that the City does not like to have fences constructed within 75' of the lakeshore. Kelley moved,- Peterson seconded, to approve Application #2504; and adopt • RESOLUTION. NO. 4332, a Resolution Granting a Variance to the Average Lakeshore Setback to Allow the Construction of a 12' by 20' Addition to the Home, an Addition to the Existing Deck, and an Inground Swimming Pool Surrounded by a Deck, and to Deny the Variances to Construct a Five Foot High 3 -Rail, Split -rail Fence Along the South Property Line from the Driveway to the Lakeshore. VOTE: Ayes 5, Nays 0. ( #9) #2505 THE BANCOR GROUP, INC., WILLOW DRIVE/SIXTH AVENUE NORTH - SKETCH PLAN REVIEW Marty Campion, Bancor Group, was present. Weinberger stated the Applicants are proposing to construct a 52 lot subdivision consisting of single family units over 58 acres located at the southwest comer of County Road 6 and Willow Drive North. The Applicants have submitted a proposal to subdivide the property into 52 lots, with an average density of less than one acre per lot. This is assuming the total property dedicated for right -of -way, ponding and wetlands will exceed six acres on the site. The property is currently zoned RRA B requiring two acres per unit. The Applicants are requesting that the property be rezoned to R -1A to allow one acre per unit density and to develop the property as a Planned Residential Development. The purpose of a PRD is to enhance the appearance of neighborhoods through preservation of natural open spaces and to counteract the effects of urban congestion. A PRD would allow the property to be developed at one unit per acre while allowing the lots to be less than one acre leaving the remaining land as open space by the creation of conservation outlots. City sewer and water are available to this property. Weinberger stated that this property would not be able to sustain individual septic systems due to the high water table and • soil types present in this area. Weinberger stated that the surrounding properties to this site include a two acre development east Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9, 1999 ( #2505 The Bancor Group, Inc., Continued) of Willow Drive, low density residential consisting of two acre lots north of County Road 6, the Orono School to the west, and some possible townhome /office use along Highway 12 and Kelley Parkway to the south. This property may be appropriate to act as a buffer zone between the mixed uses surrounding the proposed development. . Mayor Jabbour commented that a prior application was submitted for this property proposing approximately 42 units. Weinberger stated that the prior application proposed two acre density to the north and one acre density to the south, with the property being set up as a PUD, and did not appear before the City Council. Campion, Bancor Group, stated that the wetlands were delineated a number of years ago and that a new wetland delineation has been undertaken, which, in his opinion, will show that the wetlands are diminished from what was originally charted. Campion commented that there are a number of benefits to this proposal, such as this property acting as a transitional zone to the surrounding areas, with no access being proposed off of County Road 6. Bancor Group is proposing to preserve the natural - environment as much as possible in this area as well as creating a trailway and open green space in this development. Campion stated due to the costs associated with developing this property with City sewer and water, the higher density is necessary. Campion commented that more housing in this area will be needed due to the new Highway 12 corridor and the-displacement of a number of families. Mayor Jabbour inquired whether the Applicant would be willing to consider a two -tier zoning for this property. Campion remarked that they are not aware of the exact amount of wetlands in this area, which would impact the size of the lots, and that if they are required to have a minimum of one acre dry buildable, that would mean a significant reduction in the number of lots. . Mayor Jabbour inquired whether the Applicant wished to recess this matter temporarily to discuss some of these issues with the other Bancor representatives. -- Campion requested that they be allowed to discuss this matter. Item #9 follows Item #10. (Recess taken at 8:21 p.m. - 8:31 p.m.) ( #10) DNR CONVEYANCE OF LUCE LINE PARCEL TO LONG RIDGE ASSOCIATES • Gaffron stated that the DNR has determined that a portion of the south half of the Luce Line right -of -way west of the Orono Golf Course was in fact owned by Long Ridge Associates. Long Ridge Associates has agreed to deed the trail right -of -way to the DNR in exchange for conveyance to Long Ridge a portion of the trail right -of -way further east, adjacent to the Orono Orchard Road • bridge. The portion to be conveyed to Long Ridge is now and will continue to be used by DNR and the public as a walking /driving access to the trail with the DNR retaining an easement over the strip for these purposes. age 8 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9, 1999 . (DNR Conveyance, Continued) Gaffron stated that the DNR is claiming exemption from compliance with Orono Zoning Code requirements in this matter, with City Attorney Barrett concurring that the City cannot require the DNR to comply with our subdivision requirements. City Staff is requesting authority to advise the County that the City will not oppose this "lot line rearrangement subdivision ", and that the County and Long Ridge be advised that the conveyed parcel should be legally combined with the adjacent Long Ridge parcel to avoid the creation of what someone might perceive as a buildable lot. Gaffron stated due to the configuration of Orono Orchard Road and the steep banks, this is not a safe location for a driveway access that would have vehicles exiting on a regular basis. Gaffron noted that the City has advised tong Ridge in the past that this is not an acceptable access for their land west of the golf course. Sandra Smith, Planning Commission, inquired whether this is the area where a large number of the general public access the trail. Gaffron stated that this is where the general public gain access to the trail. Gaffron stated that the DNR will retain an easement over this area to insure that access to the trail will continue. Kelley commented that in his view the City should advise the DNR that the City is not in favor of this. Mayor Jabbour suggested that the City advise DNR that they are not in favor of a driveway at this location. • Tom Barrett, City Attorney, stated he has had a conversation with` Bruce Specktor, Assistant Attorney General, who explained that Long Ridge is contesting the title that the State has because an easement was issued rather than a fee title and because it is no longer being used as a railroad, the easement is extinguished and it should revert to the underlying fee owner, which is Long Ridge. Rather than contest that title, they have agreed to this conveyance. Long Ridge has indicated that they want to square off their property and that the representatives of Long Ridge have assured Specktor they have no interest at this time in using this as a road. Mayor Jabbour reiterated that the City should take the position that there should be no driveway at this location. Kelley commented that the public is using the property owned by Long Ridge as a part of the golf course for recreational purposes. Kelley suggested the City should acquire this property as it currently has substantial public use. Smith commented that in her opinion this is a major access to this trail and that the general public views it as a public access. Kelley suggested that this matter be discussed with Long Ridge. Gaffron stated he has been advised that the DNR will retain an easement to allow the current use to continue. Gaffron noted he has not had an opportunity to review those documents. Mayor Jabbour suggested that Long Ridge be advised that this matter came before the City Council, and that the Council has some grave concerns regarding this parcel which should be • addressed. Jabbour recommended that a letter be sent to the DNR indicating the City's desire that this piece of land continue to be used as access to the trail as well as expressing the City's concern that this property not be used as access to other parcels. Page 9 f ORONO CITY COUNCIL MEETING E MINUTES FOR AUGUST 9, 1999 • l ( #9) #2505 The Bancor Group, Inc., Willow Drive /Sixth Avenue North, Continued Campion stated that the consensus of the Bancor Group is that they will not be able to proceed forward with this development if it is reduced by more than four lots. Campion stated that they are looking at approximately .85 dry buildable acres per lot at this. time, noting that the exact amount of wetlands has not been defined. Mayor Jabbour commented in his view his opinion regarding this parcel has changed somewhat over the years due to changes in the community as well as the new proposed Highway 12 corridor. Jabbour stated that according to City Code prior developers were given credit for wetlands when City sewer was available. Jabbour commented in his opinion this property should be used as a buffer zone. Campion inquired whether the City Council would be requiring one acre lots for this development. Mayor Jabbour stated this parcel should be developed as a PRD, with an average of one acre per lot. Kelley commented that he personally is not in favor of rezoning this property and would like to see the two acre zoning maintained. Kelley stated he would be in favor of a PRD with two acre zoning. Peterson commented that she also is in agreement with the two acre zoning. Kelley stated that in his view the value of the property should be reduced in order to make this • development more economically feasible. Campion stated they will need to address these issues further. Gaffron commented that Sugarwoods was rezoned to one acre density. Mayor Jabbour commented in his opinion the City should provide some higher density housing within the City and that the City Council should consider the possibility of rezoning this property. Kelley stated he.would be in favor of clustering units on this property, which would eliminate the need to run sewer to a large number of residences. Kelley commented he would like to maintain the two acre zoning for this area and is not in favor of higher density housing in this area. - Flint commented that he is troubled by the efforts to keep this area zoned at two acres, noting that this is not a prime piece of real estate and that the school and County Road 6 do impact this property. Sansevere stated he is in agreement with Flint and that in his opinion this property could be rezoned one acre dry buildable. Campion stated that one acre dry buildable would not allow their proposed development to work, noting that the wetlands and the streets need to be taken into account. Mayor Jabbour commented that he would be hard - pressed to vote in favor of this application when he has denied another similar proposal for this property. Jabbour stated he would be more favorable towards a development proposing a maximum of 44 units. Sansevere commented that the developer is proposing upper middle class housing for this area, Page 10 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9, 1999 ( #2505 The Bancor Group, Continued) noting that he would be in favor of higher density for this area. Mayor Jabbour commented that credit should be given for the streets. Gaffron stated under a PRD the City has allowed credit for roadways, noting that no credit is given under a standard plat for streets. Mayor Jabbour commented that the Applicant will need to appear before the Planning Commission with their proposal once these issues are addressed. Campion stated that they will continue to keep the buffering to the north and east, and will look at trying to achieve a one acre zoning under a PRD with credit being given for the streets. MAYOR/COUNCIL REPORT Mayor Jabbour stated he has been contacted by one of the business owners, the owner of the vacant commercial building adjacent to Highway 12 and Industrial Boulevard in Long Lake, regarding the possibility of constructing a service road to provide additional access to his business from Old Crystal Bay Road. Jabbour stated he explained to the property owner the process that needs to be followed and the City's general philosophy regarding this matter. Jabbour commented that the City's current comprehensive plan, which is in the process of being updated, is being made • obsolete in part because of the new Highway 12 corridor. Mayor Jabbour stated that the City should make a determination whether a frontage road is necessary in this location and whether a frontage road is desired by the property owners in that area. Jabbour commented that the City has taken a position that they do not want an exit ramp from new Highway 12 in this location. Kelley stated he essentially told the representative the same thing last week. Kelley commented that the traffic counts by Mn /DOT are not always accurate and that their numbers tend to differ from the County's numbers. Kelley commented in his view the new Highway 12 corridor should be constructed first. Mayor Jabbour suggested that the City Administrator send a letter to the affected business owners informing them that this issue has been discussed and that the City Council is interested in their input on this matter. Mayor Jabbour stated he has spoken with the president of Great America who has stated that the Dakota Rail will officially be shut down October 15, 1999. Jabbour commented the next step is to meet with Hennepin Parks to discuss the Dakota Rail to Trail project. Kelley commented that he is aware that the Orono Police Department is taking some action regarding Big Island. Jabbour stated that the police are aware of the situation and are reviewing this matter. • Sansevere commented that perhaps the number of boats should be restricted in that area. Mayor Jabbour stated that in previous years the Fire Marshall limited the number of boats. Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9, 1999 (Mayor /Council Report, Continued) Sansevere suggested that some buoys be installed in this area to restrict the number of boats somewhat. Mayor Jabbour stated that the LMCD is responsible for regulating this, noting that the City Council is reviewing this issue due to some safety concerns that have been raised. Sansevere stated that he has been contacted by a local resident expressing concerns regarding illegal dumping in his neighborhood, noting that this is the second complaint that has been received. Gappa commented that City Staff did respond to the first complaint and that they will look into this situation. ENGINEER REPORT ( #11) REQUEST FOR STREET LIGHT - OLD BEACH ROAD CUL -DE -SAC Gappa stated the City has received a letter requesting the installation of a street light at the Old Beach Road cul-de -sac from the residents in that area. 41 Mayor Jabbour inquired whether the City has the right to remove the trees that the property owner has planted in the right -of -way. • Gappa stated an agreement does exist which would allow the trees in the right -of -way to be removed. Gappa recommended that a street light be installed in this area, noting that the City* in the past has assumed the costs of maintaining the street light and that a decision needs to be made regarding who would pay for the cost of the installation. Gappa stated the resident requesting the street light was informed. that this item would be on tonight's agenda. Sansevere moved, Jabbour seconded, to authorize City Staff to proceed forward with the installation of a street light at the Old Beach Road cul-de -sac. Kelley commented he would like to see a different type of street light installed in this area with more restrictive lighting. Kelley stated the rational for the street light is to illuminate the area being used for parking. Kelley commented in his view the costs of installation should be assessed to the property owners. Gappa commented in his opinion this area would benefit by the. installation of a street light. Flint stated that the City currently does not have a policy specifying street lights should be installed to illuminate trails, noting that only one resident in the area has requested the street light. Gappa stated that the costs for installation are approximately $1500 for the typical NSP light. Moorse stated that a decorative light would cost more. Kelley commented that he would like to see a more restrictive street light installed, noting that the trails do not need to be illuminated in this area. - - • VOTE: Ayes 2, Nays 3; Kelley, Flint and Peterson Opposed. Page 12 I] ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9, 1999 *( #12) AWARD BID FOR GOLF COURSE MOWER Flint moved, Kelley seconded, to award the bid of a Toro Reelmaster 5200 Fairway Mower from MTI Distributing, Plymouth, Minnesota, in the amount of $22,960.34, and to amend the 1999 Golf Course Capital Outlay Budget to Delete the Maintenance Shed Addition and Approve the Purchase of a Fairway Mower for $22,960.34. VOTE: Ayes 4, Nays 0. *( #13) REQUEST FOR PAYMENT #1 - EDGEWOOD HILLS SANITARY SEWER PROJECT Flint moved, Kelley seconded, to approve Request for Payment #1, Edgewood Hills Sanitary Sewer Project to G.L. Contracting Inc., in the amount of $127,179.48. VOTE: Ayes 4, Nays 0. *( #14) REQUEST FOR PAYMENT #1 - ORONO ORCHARDS SANITARY SEWER PROJECT Flint moved, Kelley seconded, to approve Request for Payment #1, Orono Orchards Sanitary Sewer Project to Widmer, Inc., in the amount of $217,147.91. VOTE: Ayes 4, Nays 0. *( #15) ST. EDWARDS CHURCH REQUEST FOR WATER SERVICE Flint moved, Kelley seconded, to approve a request from St. Edward's Church, 865 North Ferndale Road, to connect to the City of Plymouth Water System. • VOTE: Ayes 4., Nays 0. CITY ADMINISTRATOR'S REPORT *( #16) BUDGET ADJUSTMENT TO REFLECT ACQUISITION OF SAGA HILL PARK AREA ACCESS EASEMENTS Flint moved, Kelley seconded, to amend the Park Fund Budget to reflect the expenditure of $14,000 for the acquisition of easements for the Saga Hill Park area access. VOTE: Ayes 4, Nays 0. ( #17) SCHEDULE WORK SESSION REGARDING HOUSING OPTIONS Moorse stated that City Staff would like to schedule a date and time to meet with Ron Clark to review and discuss information regarding quality housing options. Mayor Jabbour commented he has met with Ron Clark in the past, noting that he builds a good quality product. Jabbour stated he would like the Planning Commission and City Council to have a joint workshop to discuss this issue. The City Council directed City Staff to schedule a work session between the Planning Commission and the City Council for Thursday, August 26, to meet with Ron Clark. • CITY ATTORNEY'S REPORT None Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 9, 1999 *( #18) LICENSES Flint moved,. Kelley seconded, to approve the following licenses. VOTE: Ayes 4, Nays 0. CIGARETTE LICENSE Troy Krahenbahl Western Convenience (Formerly Orono Self Service) 2160 Wayzata Boulevard SPECIAL EVENT PERMIT Rick Recker Corn Days 4 Mile Road Running Foot Race Willow Drive at Hackberry Park, South to Brown Road, North to Orchard Lane, West to Holbrook Park August 15, 1999 11:15 a.m. to 12:00 noon r *( #19) BILLS Flint moved, Kelley seconded, to approve payment of the All Funds Account. • VOTE: Ayes 4, Nays 0. ADJOURNMENT Flint moved, Sansevere seconded, to adjourn the meeting at 9:15 p.m. ATTEST: Linda S. Vee, City Clerk Ga 'el Jabbour, M or • Page 14