Loading...
HomeMy WebLinkAbout11-28-1988 Council Minutes• MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 28, 1988 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Nettles, Peterson and Callahan. The following represented the City staff: City Administrator Bernhardson, Building & Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Planning Consultant Shardlow, City Attorney Barrett, and City Recorder Scheff ler. CONSENT AGENDA* City Administrator Bernhardson requested the removal of Consent Item #6; Councilmember Goetten requested removal of items #21 and #26; Councilmember Peterson requested that item #24 be removed. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to approve the Consent Agenda with the exception of Items #6, #21, #24 and #26, which were removed and discussed in the order they appear on the agenda. Motion, Ayes =5, Nays =O, Motion passed. • APPPROVAL OF MINUTES* It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to approve the Minutes of the Canvassing Board Meeting of November 9, 1988. Motion, Ayes =5, Nays =O, Motion passed. APPROVAL OF MINUTES* It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to approve the Minutes of the November 14, 1988 Regular Council Meeting. PARR COMMISSION COMMENTS* 'The Park Survey was presented to the Council for their review. LAKE MINNETONKA CONSERVATION DISTRICT REPORT Ms. Jo Ellen Hurr was present as a representative of the LMCD. She offered congratulations to the re- elected Mayor and Councilmembers. Mayor Grabek congratulated Ms. Hurr on being elected Chairperson of the LMCD. Ms. Hurr reported that drafting of the LMCD Comprehensive Plan was proceeding. There have been many meetings in this regard involving the DNR, the Corp of Engineers, the Watershed Districts and Hennepin Parks. There will also be LMCD meetings involving shoreland regulations. Building and Zoning •Administrator Mabusth is representing Orono at those meetings. The LMCD is attempting to write uniform shoreland regulations over which the LMCD would have jurisdiction. She commented that Orono was a forerunner in conserving the 75' setback. 1 • MINUTES OF REGULAR ORONO COUNCIL MEETING NOVEMBER 28,1988 LMCD REPORT CONTINUED Eurasian Milfoil continues to be a problem and the LMCD is in need of funding to help address the situation.' She said that it is a very serious threat to Lake Minnetonka, especially in its low state. The LMCD had received a copy of the operating policy of the Minnehaha Creek Watershed District regarding the dam level. She said that the LMCD will support continuing the same agreement that currently stands pertaining to the release of water. Mayor Grabek asked when Lake Minnetonka was last at such a low level. Ms. Hurr said that it was this low back in the 1960's. She anticipated that due to the low level, there would be an increase in the requests for dredging. The LMCD has little jurisdiction for legislating dredging, and they are trying to change that. The LMCD is making quarterly reports to the Met Council and received a positive review,from them. Mayor Grabek inquired about snowmobiling rules. Ms. Hurr replied that the LMCD is trying to make the existing snowmobiling rules more simple to interpret. The LMCD is also trying to • address any conflicts that may exist between snowmobiling and cross - country skiing. Ms. Hurr further reported that the sewer project involving County Road 51 took a bit longer than anticipated. She said that the Navarre Business Owners have expressed concern over the closing of County Road 19 in the Spring. She said that she would report further in that regard at a later date. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT: #1296 PETERSON /STODOLA 1895 SHADYWOOD ROAD VARIANCE Mr. Tillotson and Mr. Peterson'were present for this matter. As explained by City Adminisitrator Bernhardson, the original application involved a request to install a dock on property with no principal structure. It was later determined that Mr. Tillotson's dock was located on the Peterson /Stodola property. Mr. Stodola and Mr. Peterson were now proposing to do a lot line rearrangement with Mr. Tillotson and share his dock. The process of the lot line rearrangement would allow the City to • place conditions on the property and the use of the dock. Staff is recommending that this application be referred back to the Planning Commission for their review so that the lot line rearrangement could proceed. 2 t•, MINUTES OF REGULAR ORONO COUNCIL MEETING NOVEMBER 28,1988 • ZONING FILE #1296- PETERSON /STODOLA CONTINUED Zoning Administrator Mabusth clarified that an accessory structure could not be placed on property that had no principal structure. However, the lot line rearrangement would place the accessory structure with the Tillotson residence. Orono code does not distinguish between an accessory structure dock as being shared or singly owned. The LMCD Code would have allowed an accessory dock with no principal structure, in this case, because it was created prior to 1978. There may be a question as to whether the intent of the code is met with this application. City Attorney Barrett provided the interpretation of Orono's codes as they would relate to this application. He stated that the code talks about a "private dock" as an accessory structure. However, there is no definition regarding a private dock. The code would clearly prevent commercial use of such a dock, but does not address the situation in this case. Z It was Councilmember Nettles belief that boat title had to be in the name of the property owner to prevent private docks from becoming private marinas. Mabusth stated that it would be the LMCD's codes that would address the issue of boat ownership. The LMCD would approve this application. Ms. Hurr interjected that it would be possible to have two boats without the need to • prove ownership. However, ownership of all boats must be provided for any dock with more than two boats, unless a multiple dock license were issued. Ms. Hurr added that the LMCD has been allowing dock sharing to occur due to the low level of Lake Minnetonka. Mabusth commented that in this application, the dock was in a very limited lagoon with no riparian access. Maintenance dredging will need to be done to allow boat access. Zoning Administrator Mabusth noted that the applicants had attempted to address the issues raised by the Council in the first review. Staff has presented alternatives of action. She said that the proposal also resolves the concern of Mr. Gustafson's many uncombined' tracts. The applicants have stated. that they will acquire the remaining tracts and Parcel 0003 and combine them. Councilmember Goetten observed that this application was proposing a new concept. In the 10 years in which she had been involved with the City she had not seen such a case. She could not understand how.the City could consider approving such a proposal. Mabusth stated that the City was being asked to consider this unusual solution in exchange for the remaining tracts being combined and belonging to one owner. With the subdivision, the City would be able to better control the parcel. Goetten voiced her fear of precedent setting for other substandard lots in Orono. Mabusth felt that this application was unique and that it would be unusual for another lakeshore property owner to give up boat slips in order to allow owners of undersized lots to share a dock. Goetten disagreed, citing 3 • i' • • MINUTES OF REGULAR ORONO COUNCIL MEETING NOVEMBER 28,1988 ZONING FILE #1296- PETERSON /STODOLA CONTINUED financial benef its as an attraction. Mr. Tillotson explained that his interest in this arrangement would be the boat traffic keeping the lagoon open, as well as the financial support he would receive for dredging. He further stated that the Peter son /Stodola property was currently an eyesore. He would like to see a cleared, grassy area, rather than the brush that now exists. City Administrator Bernhardson pointed out the fact that Mr. Peterson and Mr. Stodola could have just applied for a lot line rearrangement, which the City probably would have approved so that Mr. Tillotson's dock would actually be on his property. According to the LMCD regulations, if only two boats were docked at Mr. Tillotson's dock, the question would never arise as to who owned the boats. Councilmember Gustafson property replied that even regard. In order precedent- setting Goetten asked whether acquiring the additional would make the the additional to build, the variances. property buildable. Mabusth land would not help in that City would have to grant Mabusth reiterated the fact that the City Council had not reviewed any applications such as this in the past. Goetten believed that approval of this application would spawn more applications of a similar nature in the future. Councilmember Callahan concurred with Goetten, but thought it best to refer this matter back to Planning Commission for their review. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to refer Application #1296 back to the Planning Commission. Motion, Ayes =S, Nays =O, Motion passed. #1321 TOM HAISLET 950 OLD CRYSTAL BAY ROAD FINAL SUBDIVISION - RESOLUTION #2544 EXECUTION OF DEVELOPER'S AGREEMENT Mr. Tom Haislet, Bill Fenholdt and Tony Leung were present for this matter. City Administrator Bernhardson clarified that the Developer's Agreement had not been completed. However, ' the Resolution indicates that the Final Resolution is contingent upon the execution of the Developer's Agreement by the School District and City of Orono. All issues involved within the Developer's Agreement have been mutually agreed upon, only execution of the document is remaining to be done. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2544, contingent upon the execution of the Developer's Agreement. Motion, Ayes =S, 0 MINUTES OF REGULAR ORONO COUNCIL MEETING NOVEMBER 28,1988 • ZONING FILE #1321- HAISLET CONTINUED Nays =O, Motion passed. #1329 THOMAS MCNELLIS 355 WOODHILL ROAD VARIANCE RESOLUTION #2545* It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to adopt Resolution #2545, granting a variance for property at 355 Woodhil 1 Road. Motion, Ayes =5, Nays =O, Motion passed. #1334 SIDNEY REBERS 715 NORTH BROWN ROAD CONDITIONAL USE PERMIT PRELIMINARY SUBDIVISION Mr. Sidney Rebers, Mr. Stephen Pf laum, and Mr. Robert Rost were present for this matter. Mr. John Shardlow was also present as a Planning Consultant for the City of Orono. As explained by City Administrator Bernhardson, Mr. Rebers was seeking approval of a conditional use permit and preliminary subdivision for a planned residential development (PRD). He reminded the Council that the rezoning application for this • property had been presented and approved on October 10, 1988. One of the main issues that was discussed during the review process was the access road being a looped road rather than a cul de sac. The Planning Commission recommended a looped road and that the access be moved farther north to the crest of the hill on North Brown Road. Woodland preservation was another issue that was addressed. There will be specifications within the covenants as well as the Subdivider's Agreement. The present proposal is to restrict the removal of any tree over 2" in diameter within the side and rear yard setbacks. Approval of the final subdivision would be contingent upon municipal sewer being available to the property. The applicant would be assessed for the sewer to his property and would also share in the cost of upgrading Brown Road at the time that would occur. The City anticipates that M.S.A. funds would be available for the major portion of Brown Road upgrade. Issues yet to be addressed would be the frontage road and possible alignment of North Brown Road. These issues would be brought forth following the development of the residential area. The southern portion of Mr. Rebers' property is not being developed at this time. There is specific property designated as an outlot that would be utilized as a frontage road. Mr. Shardlow gave a brief synopsis of this application and how it related to the Highway 12 Corridor Study and Amended • Comprehensive Plan for Orono. The Rebers' rezoning request was consistent with the Comprehensive Plan Amendment. The key issues, Mr. Shardlow felt, were those Mr. Tim Adams set forth in 5 0 MINUTES OF REGULAR ORONO COUNCIL MEETING NOVEMBER 28,1988 ZONING FILE #1334 - REBERS CONTINUED a letter to the City. Mr. Adams is concerned about sanitary sewer, from where it will come, and who will be financially responsible for it. The frontage road and upgrade of Brown Road are other concerns. The Council had previously reviewed a set of special minimum requirements for any application for rezoning on the Highway 12 Corridor area. Due to the special constraints and opportunities available for that area, the City had prepared a set of requirements that were consistent with the Comprehensive Plan. All of the established requirements relate directly to the issues raised by Mr. Adams. Mr. Shardlow explained that any rezoning application within the Highway 12 Corridor would require the applicant to demonstrate that sanitary sewer is available and that the developer will be responsible for the cost. No feasibility study has been done in that regard for the Rebers' application, but two options are available and the developer will be financially responsible. The frontage road in relation to the plan, occupies land which is outside the limits of the subdivision. There was a small portion of the property, to the west end, where a portion • of the land contained in the plat will be required to allow enough space to clear the back of the Wear property. Mr. Rebers has agreed to put the land in an outlot and to enter into a development agreement which will specifically address the use of the out lot and tie it in with the Comprehensive Plan. The Rebers application must also adhere to the necessary transportation improvements outlined in the Comprehensive Plans before it can proceed. Improvements to Brown Road remain a concern and were discussed during the entire review process. Brown Road is an M.S.A. (Municipal State Aid) street. Should the City deem Brown Road to be a priority, funding -wise, monies are available for improvements. Mr. Shardlow commented that it was the belief of the City Engineer that Orono funded improvements to M.S.A. roads entirely with M.S.A. funds. Mr. Stephen Pf laum provided an overview of the restrictions the Planning Commission recommended. He explained that the subdivision request was the second, part of a two -part process. He gave a brief synopsis of what had taken place prior to the review and request for approval currently before the Council. The issues Mr. Rebers was asked to address by the Planning Commission were as follows: . Woodland Preservation. The property is heavily wooded and tree preservation was cited as being a reason for sewered one acre lots versus two acre lots with septic. Tree preservation was also used to support the request for a PRD. The Planning Commission recommended that no tree removal occur within the 50' to 70' perimeter of the entire residential area. This area will be designated as a private trail system. The trail system will 6 MINUTES OF REGULAR ORONO COUNCIL MEETING NOVEMBER 28,1988 0 ZONING FILE #1334- REBERS CONTINUED extend to the middle of the parcel so that the rear of each lot will have a wooded area owned by the homeowner's association. In addition, tree preservation will be mandatory on each lot. The building pad of each lot would be defined by the 501 front and rear setbacks and 30' side setbacks. Within those setback areas, tree removal will be limited to trees under 2 "•in diameter, with the exception of the proposed driveway area, where any size tree may be removed. The homeowner may remove any dead and /or diseased trees. As a final measure to preserve trees, within the established building pad, only 80% may be hardcover, including the driveway. These restrictions should provide for and maintain heavily wooded lots. Private Road. Initially there was discussion involving the possibility of connecting the private road with Pine Ridge. That idea was discarded. There will be a looped road that will be free - standing. Access will be on North Brown Road and due to recommendations by the Planning Commission, was moved to the crest of the hill. This was to maximize sight distance and increase safety. The City Engineer recommended that the access be placed south of the hill and stated that sight distance from that point would not be a problem. The developer has indicated that it matters not where the access is placed. Sewer and Water. The developer understands that a plat cannot be recorded until there is an acceptable, signed contract producing water and sewer to the site. The availability of water will depend upon the City's negotiations for sewer. The site would take private wells if that is the direction in which the City would prefer. There are two access points for sewer. One would be immediately across the street, near the Long Lake State Bank, and the other is from the existing Long Lake /Orono interceptor. In either case, any agreement to produce sewer and water, or just sewer, would require the developer to bear the cost. If the City were to choose a route for the sewer that would connect Ringers Wood, that would be a separate issue between Mr. Ringer and Mr. Otten. Brown Road. Mr. Reber's is willing to bear his share of upgrading Brown Road, if the City should decide to do so. There is already the requirement for Mr. Rebers to dedicate 33' along the easterly portion of Brown Road for right -of -way. City Consultant Shardlow clarified the issue of the access. He stated that originally it was proposed at a point close to the present proposal, within the southern third of the property. City Staff performed a site examination and then recommended relocating the access point 50' south to improve sight distance. The Planning Commission then recommended that access be moved north, to the crest of the hill, where they felt sight distance was best. Mayor Grabek asked Ms. Mabusth to indicate where her residence was in relation to the proposed access. Mabusth 7 • MINUTES OF REGULAR ORONO COUNCIL MEETING NOVEMBER 28,1988 ZONING FILE #1334 - REBERS CONTINUED complied. Mr. George Johnson questioned whether placing the access on the crest of the hill would not present safety problems in the winter? Mabusth agreed. Mr. Bob Beach asked what circumstances might exist that would cause the adjacent property owners to pay for improvements to Brown Road? City Administrator Bernhardson clarified that the City generally paid for improvements to M.S.A. roads entirely with M.S.A. funds and does not assess the benefit to any abutting property owners. The City, however, is looking to review that because there are currently a number of M.S.A. roads that are in need of upgrade within the next 10 to 15 years. The assessement to property owners would be a small portion of the upgrade and would be determined at the time the work was done. Upgrades to non - M.S.A. roads are totally assessed to abutting property owners. Mr. Rebers would have an equal financial share of upgrading Brown Road. Councilmember Goetten inquired as to plans to upgrade Brown Road North in 1992 and whether development of the Rebers' property would hasten development? Bernhardson replied that originally North Brown Road was scheduled for upgrade in 1994. • The Rebers' development would not be solely responsible for revising the upgrade date. There is a proposed safety improvement for Highway 12 tentatively scheduled to occur in 1991. It may be appropriate to upgrade North Brown Road at that time. Mr. Dick Fordyce asked whether North Brown Road in the near future would be upgraded due to the Rebers' development? Bernhardson responded that North Brown Road would be upgraded regardless of whether the Rebers project proceeded or not. Mr. Fordyce felt that the Rebers' fair share would be the total amount of the project. Mr. Tim Adams asked for the definition of "upgrade ". Bernhardson explained that the Brown Road would have to meet the M.S.A. standards. City Engineer Cook further explained that if the road were built as a rural section, with ditches, it would have to have a 40' with a 24' blacktop surface and 8' shoulders. If it is done as a rural section, there would be more disruption. If it were done as an urban section with curbs and gutters, the road would need to be 32' wide, rather than 401. However, if the road were only 32' there could be no parking along the side of the road. A 36' road would allow for parking along one side. Mayor Grabek asked for the current width of Brown Road. Cook said the road was approximately 221- 241. In order to comply with M.S.A. standards for a rural section, however, ditches would have to dug. In addition to the 40' top, 16' would be necessary for the ditches. By the time the project were completed, it • would probably be 60' wide. Brown Road would need to be brought up to M.S.A. standards regardless of the Rebers' project. Public Works Director Gerhardson commented that Old Crystal Bay Road, going by the School and south from Highway 12 to County 8 MINUTES OF REGULAR ORONO COUNCIL MEETING NOVEMBER 28,1988 ZONING FILE #1334- REBERS CONTINUED • Road 84, would be a typical example of a rural section of a M.S.A. road. Mr. Armand Brachman asked who would have the final say as to whether Brown Road would be improved? He suggested that a poll of Brown Road residents would indicate that they would not wish to have the road upgraded. He also asked about a proposal to place a cul de sac at the end of North Brown Road and redirecting traffic along a frontage road south of Mr. Rebers' property. He again asked who would make a final decision to do that and felt ,that there were other alternatives that may not require Brown Road to be upgraded at all. Bernhardson said the it would be the City Council's decision and should assessing be necessary, a public hearing would be held. The issue of a cul de sac would also invo 1 ve the City of Long Lake because a portion of Brown Road does fall within Long Lake. Mayor Grabek asked what factors were used to determine whether a road needed upgrading? Public Works Director Gerhardson replied that the type of traffic, condition of the road and development in the area would all be factors. Mr. Brachman observed that whether Highway 12 was directed north or stayed where it currently is, Brown Road would be cut • off. In his opinion, Brown Road, really does not serve as an arterial road. Unfortunately it is used as a shortcut by many people. He would rather minimize the amount of traffic, not enhance it. Mayor Grabek sympathized with Mr. Brachman, but stated that everyone living in Orono would like to see traffic on their street minimized. He added that he would not be in favor of upgrading Brown Road unless it was necessary. George Johnson asked whether there were any plans to straighten Brown Road so it would align with Virginia Avenue? City Administrator Bernhardson explained that option was raised by MN DOT. It could be done on the southerly property without impact to the present subdivision. Mr. Johnson said it would have impact on a collecting area in a commercial area. Bernhardson clarified that what MN DOT was proposing for 1991 was providing turn lanes on Highway 12 between North Brown Road and Old Crystal Bay Road. Tim Adams wanted more information about the intersection and the frontage road. He wanted to see the proposal as to an access onto Highway 12. Shardlow said that the Comprehensive Plan merely states that a frontage road will be provided. Rebers has proposed a location that would serve those parcels from the rear that fronted on Highway 12. There are other alternatives. Until development progresses, there really is no need to know where the frontage road will be, only that there will be one. City • Engineer Cook showed the various proposals on the sketch. 9 s� • MINUTES OF REGULAR ORONO COUNCIL MEETING NOVEMBER 28,1988 ZONING FILE #1334 - REBERS CONTINUED Armand Brachman asked if the rezoning was done to accommodate 1 acre lots or an average density of 1 acre lots. Shardlow responded that it was 1 acre lots. The PRD provided the opportunity to meet the overall density with the incorporation of the open space. If it were not for the large open space, the development would have been limited to 1 acre lots. Mr. Brachman pointed out that when the subdivision was initially presented the possibility of two acre lots was mentioned to buffer the northerly property line. The current proposal indicates that the smallest lots are along that line. He commented that people moving to Orono were trying to escape the higher density look. He asked Mr. Rebers if he would consider converting the 6 1 acre lots into 3 2 acre lots. If that were not possible, Mr. Brachman wanted screening provided, in the form of additional vegetation planted. He asked that any evergreens that needed removal for the road, be relocated along the northerly line to create an additional visual barrier. Mr. Pf laum said that if it were feasible and the planting location could be accessed without disturbing existing trees, that would be an acceptable solution. With regard to the 2 acre lots, Mr. Pf laum believed that combining the lots would change the ratios for the entire development. It would also change the • construction costs and utility costs. The current proposal represents a series of refinements in response to the City's requests to come up with a comprehensive plan that provided the maximum buffering all the way around. Mr. Dennis Platteter clarified that the north part of the Rebers property that abuts his land has only brush. There are only large, mature trees on 2 of the 6 lots. He said that he came to Orono because of the 2 -acre minimum lot size. He believed that the PRD would change the characteristics of Orono tremendously. He referred to this kind of development as high density, not rural residential. Mr. Platteter was also concerned about the potential increase in traffic on North Brown Road if it is upgraded and widened. He stated that the Planning Commission initially discussed placing rural fencing between his property and Rebers'. A 4' wire fence was suggested. Mr. Platteter felt that due to the high density development taking place, that "rural" fencing was not appropriate. He believed this development would set a precedent for additional 1 -acre subdivisions all the way to County Road 6. He believed that was the wrong direction for Orono. Mr. Platteter wanted to know what the developer intended to do about potential trespassing on his property. He also questioned the fact that the lake was mentioned by the Planning Commission as an amenity to this development. He pointed out the fact that only George Johnson's • property, in addition to his own, had lake access. Mr. Pf laum did not recall mentioning the lake as a selling point for the Rebers' property. With regard to the fence, he 10 MINUTES OF REGULAR ORONO COUNCIL MEETING NOVWMER 28,1988 ZONING FILE #1334 - REBERS CONTINUED • said that the Planning Commission had suggested a perimeter fence to run along the boundary of the property. However, property owners to the west indicated that they did not want the fence. This would mean the fence would run east to west along the northern boundary and could easily be walked around. Also, the Planning Commission decided that approving a barrier would set a precedent for future subdivisions. He said the Mr. Rebers was neutral as long as it would have no negative impact on their development. Mr. Platteter said that he received no prior information concerning the proposed fence plan and was not provided with any visual proposals at the meeting. He said he asked for a non - penetratable barrier. Plantings and natural vegetation would provide such a barrier. Councilmember Goetten said that the City in the past when reviewing subdivisions had always tried to work with severely affected property owners. She felt that Mr. Rebers' agents could work with the Platteters to reach an acceptable compromise. Mr. Pf laum said that as long as they could access the area where the barrier was needed he felt that something could be worked out. He did not want to create a logging road for that purpose. Mr. Platteter expressed his frustration in the • misrepresentation that the area in question was heavily wooded. He reiterated the fact that it was primarily brush. Goetten concurred with Mr. Platteter. Mr. Pflaum stated that conceptually he had no problem. George Johnson commented that the 1 -acre lots represented more of a precedent- setting factor than the barrier requested by Mr. Platteter. He asked whether he and Platteters could join properties and request a 1 -acre subdivision. He said that Swansons could also subdivide as could many other property owners. Pf laum explained that the Comprehensive Plan was amended and the property was rezoned to permit sewer and water. In addition, the MUSA� line was amended. He said that any other subdivision of this kind would require an amendment to the Comprehensive Plan. The MUSA line would also need further amending and the applicant's plan amendment would need approval from the Metropolitan Council. He said that the Rebers subdivision was done in a way to address the characteristics of the site. George Johnson asked whether the sewer would go down Brown Road if it were upgraded? Specifically he wondered if it would run to existing one acre lots? He anticipated that would happen because there are areas such as Country Club that are currently having problems. City Engineer Cook stated that if there were some severe problems the City would have to look at some options. • However, it was not the City's intent at this time to take sewer beyond where it exists. Mr. Johnson felt that issue would be 11 L � • MINUTES OF REGULAR ORONO COUNCIL MEETING NOVEMBER 28,1988 ZONING FILE #1334- REBERS CONTINUED looked at before plans were wmade to upgrade Brown Road. Councilmember Callahan pointed out the fact that the upgrading of Brown Road' was included in a proposal to upgrade all of the M.S.A. roads within Orono. He said the Rebers subdivision and the issue of sewer have nothing to do with upgrading Brown Road. Mr. Johnson asked Callahan as to his opinion regarding the proposed subdivision. Callahan replied that he thought the plan to be a good one, and had no objections to the 6 lots along the northern boundary. Mr. Brachman believed that the initial proposal called for 1• acre lots at a minimum. However, there are now lots proposed to be 3/4's of an acre.- It bothered him that the plan had varied. He compared the density to Ferndale North, and added that he did not move to Orono to look at that. Mayor Grabek said that the lots could be 1 acre but it would eliminate the buffer. Mr. Duncanson suggested that since there seemed to be enough public dissatisfaction with the development, that perhaps the application should be returned to the Planning Commission._ Mayor Grabek stated that he understood the residents' unhappiness. He said that there was always dissatisfaction of neighbors with improvements. He assured the neighbors that he and the Council were doing their best to properly develop the land within Orono. He said there were two sides to this issue. Mrs. Duncanson stated that the majority of the citizens of Orono were against the 1 acre zoning. She did not understand how the Council could claim to represent the citizens of Orono. The question arose as to whether Mr. Rebers intended to reside within the subdivision and whether he was even a citizen of Orono. Mr. Beach stated that this proposal was changing the zoning of the City that attracted everyone to Orono. It will alleviate the country flavor of Orono. Mayor Grabek explained that changes had been occurring over the last 2 -1/2 years with the Highway 12 Corridor study. It was felt that this type of` zoning would provide a suitable buffer to the commercial atmosphere of Highway 12. He further added that there were 9 public hearings involving this matter. Mr. Fordyce reiterated previously expressed feelings that the Council was not representing the citizens as a whole, but merely one individual. Councilmember Goetten stated that the Mayor had asked for the public to express their concerns. The Council had not yet expressed their concerns or asked their questions. She added that the rezoning had already occurred, but that did not mean that other concerns could not be addressed. Mr. Platteter said •that even though there were objections to the rezoning, it marched ahead. He asked why the access road could not be located off of the proposed frontage road? 12 MINUTES OF REGULAR ORONO COUNCIL MELTING NOVEMBER 28,1988 ZONING FILE #1334- REBERS CONTINUED • George Johnson asked how many times the plan had been revised. He said that there was an overlay to the presentation sketches that he had not seen. Mr. Pf laum said that the overlay depicted relocation of the access per the request of one of the residents of Brown Road. Tim Adams said that the current proposal was a good plan and was in the spirit of the Highway 12 Corridor Study. The problem is that items such as the frontage road, buffer lots and intersection have not been specified, and the buffer lots in the rear disappeared. He felt that was the primary frustration being expressed by the neighbors. He did not like the aspect of the plan being approved without those items being specified. Councilmember Callahan stated that he did not see what problem there could be with the frontage road. Mr. Adams said that it relates to the access required by the increased usage of Brown Road from the Rebers' development. The question was raised as to whether Mr. Rebers would be building the homes in this development and whether there were specific standards as to the quality and price of the homes? Mr. Pf laum replied that the homes would range from $250,000.00 and up. The lots will sell from $75,000.00 and up. Mr. Rebers intends to build as many homes himself as possible. He may associate with one or two additional builders that would build in accordance to his standards. The conditions of building are part of the development agreement and will set forth the required building specifications. There will further be an architectural control committee that will require that the houses be compatible with each other. Councilmember Goetten felt that Highway 12 was a major determining factor in finalizing the subdivision. Drainage was a concern of Goetten's. City Engineer Cook said that most of the drainage ran to the southeast corner. The developer has been asked to provide for ponding in that area. No final designs have been submitted, only preliminary. The development agreement addresses the requirements by the City for drainage. Goetten then asked where access to the site would be during construction? Mr. Pf laum said that decision was ultimately up to the City. The developer preferred to impact the site as little as possible, by perhaps entering by way of the proposed permanent road. Goetten believed that using Highway 12 would alleviate undue wear and tear on Brown Road. Pf laum said if it were feasible, they would be willing to access off of Highway 12. 'The question of proposed pillars or entrance gates was next asked by Goetten. Pflaum replied that issue would be part of the package that the Planning Commission ultimately reviewed. They are proposing entrance monuments to identify the subdivision, 'but no lights or gates. Goetten inquired as to whether the restrictions and conditions • set forth by the Council would be included in the development agreement. Pf laum answered affirmatively, and added that the 13 L T , U • s MINUTES OF REGULAR ORONO COUNCIL MEETING NOVEMBER 28,1988 ZONING FILE #1334 - REBERS CONTINUED agreement will ultimately need to be drafted, reviewed and approved by City Staff and the Planning Commission. Many of the restrictions will be included in the individual deeds to each lot. Lastly, Goetten wanted to see the developer work with the P latteters in solving their concerns about trespassing. Councilmember Nettles asked if there would be a need to upgrade Brown Road based on traffic count alone? City Engineer Cook said there would be an increase of 200 to 250 trips maximum on Brown Road as a result of this development. Car traffic does very little damage to the structural strength of the road. Currently there are 1700 trips on the south end of Brown and 1100 on the north end. Cook said that amount of traffic was low and would have little impact, even with the increased traffic from the new development. Mayor Grabek asked how construction vehicles would affect Brown Road? Cook said that would have the largest impact and that alternatives should be examined or. an agreement be made with the developer to repair any damage to Brown Road caused by the construction. Nettles questioned whether the concentration of lots on the north property line were in keeping with the rural atmosphere of Orono. He would prefer to see a reduction in the number of houses in that area to 3 or 4, rather than 6. He felt that planting mature evergreens in that area should also be required whether or not the number of lots is reduced. Councilmember Peterson explained that she was absent from the Council meeting when the rezoning was approved. She indicated that she would not have voted for the rezoning and she would not vote in favor of the subdivision. She concurred with Nettles and Goetten in that the Platteters concerns should be addressed. She too believed that at one time the plan called for 2 acre lot sizes along the northern boundary. Peterson asked about the proposed multi - family unit. Councilmember Callahan clarified that the concept of the multi - family unit was shown when the entire parcel, commercial and residential was being discussed. Peterson expressed her belief that Orono - should keep its rural atmosphere and the Rebers development did not support that concept. Councilmember Callahan said he was not opposed to any of the compromises discussed for the northern section of the development. He felt that Mr. Rebers had tried to work with the City over the last 2 years and the present proposal was already a compromise. He believed that screening along the northern property line was reasonable. The issues involving Brown Road, sewer and Highway 12 would exist without this development. All in all, he was conceptually in favor of the proposal. Mayor Grabek mentioned the fact that Building and Zoning Administrator Mabusth was also a resident on North Brown Road. Mr. Shardlow presented this matter to avoid any potential for 14 MINUTES OF REGULAR ORONO COUNCIL MEETING NOVEMBER 28,1988 ZONING FILE #1334- REBERS CONTINUED • biased opinions on behalf of the City. He asked Ms. Mabusth to present her suggestion for location of the access. Mabusth believed that placing the access on the crest of the hill would have a serious impact on her residence, due to the higher elevations on the western side. The City Engineer and City Staff had evaluated the potential of placing the access in amore southerly location. A determination was made that there would be adequate sighting distance in that location. Mabusth further explained that the hill became very icy and treacherous in the winter and placing the access at the crest of the hill would worsen that condition. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to direct staff to prepare a resolution granting the subdivision, together with a conditional use permit for a PRD, for action at the December 12, 1988, Council Meeting. He asked that appropriate language be included in the resolution that would allow an alternative access to the property for construction purposes. If no alternative is feasible, then it should be stipulated that the developer be financially responsible for repairs to North Brown Road for damage caused by the construction. The resolution must also include provisions for a buffer area along the north property line. Further, language be included to move the access south, if it does not • conflict with engineering recommendations. Mrs. Duncanson inquired as to whether they would have any input as to the final location of the access off of Brown Road. Mayor Grabek answered affirmatively. Councilmember Nettles asked whether Mayor Grabek would consider amending his motion to include revising the development to allow for no more than 3 lots on the north side, as opposed to 6. Mayor Grabek replied that he had not all of the information as to how such a revision would impact the development. Goetten stated that monetary considerations could not be a factor in determining the outcome of this development. She concurred that at this point there was not enough information to make such a decision. Mayor Grabek pointed out the fact this approval was only preliminary and such issues could be further examined. Councilmember Peterson asked whether the conditional use permit would be incorporated in the resolution. City Administrator Bernhardson confirmed that it would. Nettles asked if the Mayor would amend his motion to ask the developer to supply the City with information and alternatives regarding the north property line. Mayor Grabek agreed that information was necessary in providing the City with the best overall plan, but did not amend his motion. Councilmember Goetten asked that staff begin taking an indepth view as to how this development will impact Highway 12, Brown Road and the proposed frontage road. Motion, Ayes =4, Peterson -Nay, Motion passed. L� 15 0 MINUTES OF REGULAR ORONO COUNCIL MEETING NOVEMBER 28,1988 #1356 GERALD MCCOURTNEY 1055 WEST FERNDALE ROAD VARIANCES RESOLUTION #2546* It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to adopt Resolution #2546, approving the renewal variance application of Gerald T. McCourtney. Motion, Ayes =S, Nays =O, Motion passed. ZONING AMENDMENT PLANNED DEVELOPMENT Mayor Grabek requested that this item be tabled until the December 12, 1988 meeting, to allow time to more thoroughly review this matter. Mayor Grabek inquired as to the possibility of visual graphics being supplied to better depict the proposal. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table this item. Motion, Ayes =S, Nays =O, Motion passed. ENGINEER'S REPORT SEAL COAT PAYMENT W" It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to approve payment #1 to Allied Blacktop in the amount of $17,025.99 for sealcoating City streets in 1988. Motion, Ayes =5, Nays =O, Motion passed. MAYOR'S REPORT: ORONO /LONG LAKE DISCUSSIONS* It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to accept the information and set December 5, 1988, as the date for the next meeting of the two Councils. Motion, Ayes =S, Nays =O, Motion passed. CITY ADMINISTRATOR'S REPORT: DRIVEWAY PERMIT -490 OLD LONG LAKE ROAD It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this item per the property owner's request. Motion, Ayes =S, Nays =O, Motion passed. 1989 LEGISLATIVE PROGRAM City Administrator Bernhardson explained that in the past the City has had a legislative policy that has attempted to highlight major areas of concern that the Council may wish to promote to the 1989 Legislature. It was moved by Councilmember Peterson, seconded by Mayor Grabek, to table this item. Motion, Ayes =5, Nays =O, Motion passed. 16 l ✓ MINUTES OF REGULAR ORONO COUNCIL MEETING NOVEMBER 28,1988 0 COUNTY ROAD 51 City Administrator Bernhardson mentioned that this was mainly an information item in that no date had been established for meeting with Hennepin County. Bernhardson said that he was hopeful that more information would be available by the December 12, 1988, Council Meeting, and there-could then be a meeting with the concerned residents in January. 1 It was moved by Mayor Grabek, seconded by Councilmember Callahan, to accept the information regarding County Road 51. Motion, Ayes =5, Nays =O, Motion passed. LIQUOR LICENSE RENEWALS /OFF SALE* It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to approve the license reneweal for a 1989 Off Sale liquor license for Navarre Liquor. Motion, Ayes =S, Nays =O, Motion passed. 200 HOLLANDER ROAD SET ASSESSMENT PUBLIC HEARING DATE* It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to set a public hearing for January 9, 1989 at 7:00 p.m. at the Council Chambers to consider the special assessment roll of the 1988 -2 hazardous buildings. Motion, Ayes =5, Nays =O, Motion passed. 1989 HEALTH INSURANCE* It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to set the 1989 standard contribution rate for health insurance for the eligible non LELS Orono City employees at $191.00 per month while the contribution rates for Orono LELS employees is to be negotiated at a later date. Motion, Ayes =S, Nays =O, Motion passed. TAX FORFEIT PROPERTY SELL TO ADJACENT PROPERTY - RESOLUTION #2547* DRAINAGE & CONSERVATION- RESOLUTION #2548* It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to adopt Resolution #2547, releasing tax forfeit parcel for private sale to adjacent owners; and to adopt Resolution #2548, requesting conveyance of parcel for public use by the City of Orono. Motion, Ayes =5, Nays =O, Motion passed. EQUIPMENT PURCHASE - STREET DEPARTMENT* It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to purchase two hydraulic sanders from MacQueen Equipment Company for an amount of $2,249.00 each. Motion, Ayes =5, Nays =O, Motion passed. 1989 CALENDAR Councilmember Goetten questioned why a date fora November, 1989 Planning Commission meeting had not been indicated? Zoning Administrator Mabusth replied that a meeting was scheduled for 17 MINUTES OF REGULAR ORONO COUNCIL MEETING NOVEMBER 28,1988 1989 CALENDAR CONTINUED November 20, 1989. Goetten also asked that two joint meetings with the Council and Planning Commission be scheduled in 1989. Mayor Grabek directed staff to determine two appropriate dates for joint informational meetings. UNCOLLECTED NSF CHECKS - RESOLUTION #2549* It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to adopt Resolution #2549, declaring certain N.S.F. checks uncollectable and removing them from the City accounts effective November 30, 1988. Motion, Ayes =S, Nays =O, Motion passed. CONTRACT RENEWAL - POLICE CONTRACT (LONG LAKE, SPRING PARK AND MINNETONKA BEACH)* It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to approve the individual contracts with Minnetonka Beach, Spring Park, and Long Lake for police service for 1989. Motion, Ayes =S, Nays =O, Motion passed. CONTRACT RENEWAL -FIRE CONTRACTS (LONG LAKE, MAPLE PLAIN AND WAYZATA) Councilmember Peterson questioned why the City of Mound was • not included. City Administrator Bernhardson replied that renewal had previously been approved on October 10, 1988. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the individual contracts with Long Lake, Maple Plain, and Wayzata for fire protection for 1989. Motion, Ayes =5, Nays =O, Motion passed. ANIMAL CONTROL CONTRACTS (LONG LAKE, SPRING PARK AND MINNETONKA BEACH)* It was moved by Councilmember Nettles, seconded by- Councilmember Goetten, to approve the individual contracts with Long Lake, Spring Park, and Minnetonka Beach for animal control for 1989. Motion, Ayes =5, Nays =O, Motion passed. ADMINISTRATOR'S INFORMATION Councilmember Goetten questioned the need to purchase snow removal equipment for the sidewalks along County Road 15. Public Works Director Gerhardson clarified that the City would need to purchase an attachment for equipment the City already has. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept the City Administrator's Information regarding: County Road 15; MWCC Interceptor; Recycling Program; Highway 12; Minnetrista /Hennepin County Park Reserve Lawsuit and Crystal Bay Road. Motion, Ayes =S, Nays =O, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett requested an Executive Session. 18 MINUTES OF REGULAR ORONO COUNCIL MEETING NOVEMBER 28,1988 LICENSES* It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to approve the following license: Solicitors License: MN Public Interest Research Group C/O Kenneth Webb 2512 Delaware Street S.E. Minneapolis, MN 55414 Motion, Ayes =5, Nays =O, Motion passed. BILLS* It was moved by Councilmember Nettles, seconded by Councilmember Goetten,•to approve payment of the All Funds Accounts. Motion, Ayes =5, Nays =O, Motion passed. EXECUTIVE SESSION - 9:45 P.M. Mayor Grabek requested that the Council go into an executive session at 9:45 p.m. ADJOURNMENT 9:52 P.M. It was moved by Mayor Grabek, seconded by Councilmember Peterson to adjourn the Regular Council Meeting at 9:52 p.m. Motion, Ayes =5, Nays =O, Motion passed. • E Jams R. Grabek, Mayor ..19-'- •