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HomeMy WebLinkAbout01-26-1998 Council Minutes• ROLL 0 ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 26, 1998 The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson, and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, Planning Intern Brad Bressler, City Engineer Tom Kellogg, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items #20 and 22 were removed from the Consent Agenda. Items #5, 6, 7, 8, and 19 were added to the Consent Agenda. Goetten moved, Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. APPROVAL Of MINUTES ( * #2) REGULAR MEETING OF JANUARY 12, 1998 Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of January 12, 1998. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Commissioner McDermott referenced an article in The Laker regarding the opening of the golf course and warming house for sledding. Flint noted that the facility is receiving a large amount of use. Jabbour informed McDermott that a past Park Commissioner, Jim Gilbert, was recently sworn in to serve on the State Supreme Court. LAKE MINNETONKA CONSERVATION DISTRICT Lili McMillan reported that the LMCD is discussing a possible code restriction on outlots related to boat storage. A moratorium is also being considered. McMillan felt the study could occur without the moratorium and suggested the LMCD review Orono's outlot code. No decision was reached at the LMCD meeting. McMillan said she would like to see ordinance information gathered from all lake cities. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 (LMCD Report - Continued) Jabbour asked what generated the discussion. McMillan confirmed that an application prompted the discussion. Jabbour noted that the LMCD was given information on dock usage showing Orono only allows docks as a secondary use on properties with a primary residence. McMillan said the LMCD authorized their staff to submit an application for grant funding from the LCMR for acquisition of additional public access to the lake. She indicated that Jabbour had voiced concern regarding the LMCD's involvement in this activity. It is felt the cities should work with the DNR on access. Jabbour noted that the initial $2.3 million grant amount was raised to $5 million. He briefed the Council regarding the grant money and LMCD's involvement. He said the LMCD does not have the authority or expertise in this matter and should obtain input from cities. The DNR should be made aware of the city philosophy regarding access. Jabbour indicated that the DNR's original plan for Maxwell Bay would not have had positive results for the City. He believes the plans need to be site specific and design weighted to a community. Goetten asked how the LMCD got involved between the city and DNR. Kelley questioned where it states in the charter that the LMCD can ask for such funding. • Jabbour said the LMCD is to be the lead agency but not get involved in the acquisition process. He noted there are 14 cities in the LMCD, and they should have a voice. The LMCD's main thrust is to be education. Jabbour said the LMCD should not be used as the leverage in obtaining funding and views it as a policy issue. He has asked mayors to meet to discuss this issue, which the LMCD does not favor seeing happen. Kelley clarified that McMillan should vote in favor of the LMCD withdrawing the application for grant funding if she agrees with the City's thought process. McMillan said she agreed. McMillan reported that a tentative car /trailer space inventory is being created. McMillan invited the Council to attend the annual Save the Lake Dinner to be held at Lord Fletcher's on February 12. Jabbour indicated that the date conflicts with a major boat show that many who would consider attending the dinner might attend. He asked that other dates be considered in the future as the conflict occurs yearly. PLANNING COMMISSION COMMENTS Planning Commission Chair, Dale Lindquist, had no comments. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 • PUBLIC COMMENTS Mark Casey, 255 Landmark Drive, Orono, reported that he lives on Stubbs Bay. Casey is installing rip rap on his shoreline and is in the process of adding a beach with the approval of the Watershed District. He said he learned that he needed a conditional use permit in order to move 2 cubic yards of dirt at his lakeshore. The contractors have been hired, and the need to go through the CUP process will affect the time frame. He asked for approval now to move the dirt and obtain an after - the -fact CUP. Jabbour informed Casey that it is not within the Council's power to grant approval. Barrett confirmed that the CUP would be required due to the resulting alteration of the Lakeshore. Jabbour asked if Staff could review items such as this and grant administrative approval. Gaffron said he would submit a memo regarding such code changes. Kelley noted that no permits are required for riprapping; yet, he finds it hard to believe that during this process the same amount of dirt is not moved. He felt that since rip rap permits are not required, the Council should be able to grant such approval as that being requested. ZONING ADMINISTRATOR'S REPORT • ( #3) #2295 CONLEY BROOKS, 980 WEST FERNDALE ROAD - VARIANCES - REQUEST FOR RECONSIDERATION Conley Brooks was present. Gaffron reported that Mr. Brooks is requesting reconsideration of a variance approval given October 13 for a storage garage. The property is located on West Ferndale Road. The 12'x 15' garage received approval for location within the front street yard, but was limited to 12'x 15'. The residence is located further to the east. The garage would meet the 26' wetland setback and be located T from the street. The applicant originally proposed a 24'x24' garage, and the Planning Commission recommended approval of a 18'x24' garage. The applicant is asking approval of a 16'x22' garage. A diagram of the structure was provided. Gaffron said the applicant believes a 12'x15' structure is too small to be functional. He indicated it would require a 4 /5th vote in order for reconsideration of the application. Barrett said the Council can discuss the merits of the request and then take action or refer the application back to the Planning Commission. Jabbour noted that a motion from a Council member, who voted with the majority on the initial action, is required to open the application for reconsideration. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 ( #3 - #2295 Conley Brooks - Continued) • Flint moved, to reconsider the application. The motion failed for lack of a second to the motion. Brooks said he felt the Council was being disrespectful and not reasonable in failing to reconsider the application. He feels it is his right as a citizen to be given this reconsideration. Jabbour informed Brooks that the 4/1 vote received previously for variance approval was passed after difficult discussion on the issue. He expressed his thought process regarding the storage garage. Jabbour felt the beach users should not have to go all the way to the residence in order to obtain equipment for the beach. He did not view the structure as being storage or a location for trailers. He feels a 12'x15' structure is adequate for beach use. He said the Council could be polled regarding their opinion, but he felt the applicant was given due consideration. Brooks said he felt too many issues were before the Council for discussion when the variance approval was granted and late on the agenda. Jabbour noted that the issue was the first for review at this meeting. Gaffron indicated the applicant can reapply in 6 months. Brooks said he was disappointed in the Council's decision not to reconsider the application. Gaffron clarified . that since the application itself was approved in October, it would not require a 6 month wait but another application could be submitted by Brooks. Brooks noted new information was submitted. Jabbour acknowledged receipt of the information. He asked Brooks if the facts fairly represent his view. Brooks said they did. ( #4) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - PRD & CLASS III PRELIMINARY SUBDIVISION Bill Gleason represented Brook Park Realty. Van Zomeren distributed pictures of the property and reviewed the proposal. The 9.93 acre parcel is located in the LR -1 C -1 Zoning District and includes 2.2 acres of wetlands and 7.7 acres of dry buildable. The proposal is for 30 townhome units requiring a Class III Subdivision and PRD approval. The density allowed for this property is 2 units per acre. The applicant is requesting a density credit to allow 3 units per acre. Van Zomeren reviewed the purpose of the PRD, #1 through #5, as noted in the information packet. She explained the PRD, noting variances to subdivision requirements can be allowed if the goals of the PRD are met. There were outstanding issues when the application was last discussed and are listed in the packet as "a -1" on page 2 and forward. 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 (#4 - #2308 Brook Park Realty - Continued) Van Zomeren referenced the plan for a hammerhead versus a cul -de -sac. She reviewed the unit design and preliminary plat layout. The exterior and interior layouts were reviewed. Entry into the units were noted. The 22' wide private drive would serve 11 townhomes. Due to conflicting viewpoints over the hammerhead, a cul -de -sac is proposed that shifts four easterly units to the north. This alternative requires removal of some trees including 34" and 24" oaks. Van Zomeren said the applicant is asking for direction on the cul -de -sac or hammerhead option. The cul -de -sac is required to be 50' from the property line and is being proposed at 30'. The applicant is asking for a change to the subdivision requirements. Van Zomeren reviewed the setbacks. A 30' front setback, 30' rear setback, and 10' side setback are required. The 30' front and 10' side setbacks are met. The 30' rear setback is from the edge of the right -of -way from the railroad requiring an additional 25' from the railroad right -of -way. Consideration of this request is necessary. The units on Livingston Avenue would be 15' from the road right -of -way but farther from the paved area because the right -of -way is 50' and the paved area is 30'. Density was previously discussed. Van Zomeren referenced a letter from City Attorney Barrett regarding this issue. With the PRD, there should be no need for a trade off with open space. Van Zomeren indicated that the adjacent property's density is 24 units on 7.6 is acres with no wetlands. Van Zomeren reviewed sprinklers versus looping. It was indicated that water pressure is not the issue but capacity is a concern. Looping destroys more trees. There are two plans proposed for road width; a 22' private drive with hammerhead or a 28' private drive with cul -de -sac. The subdivision ordinance does not recognize right -of- way or minimum paved road width standards for townhome developments. Van Zomeren noted City's concern with the design of the individual units. Guests would have to enter the units through the garage or walk around to the courtyard side for entry. The City's consultant planner expressed concern with the functionality of the units, including the inability for a temporarily disabled person to climb the deck stairs. The maintenance concern for the deck and staircase, especially during the winter months, was noted. The narrowness of the garage for additional storage is also a concern. Guest parking is an issue for the development. The question has been raised regarding the need for gaining permission from other residents for guest parking if parking needs exceed that allowed in the driveway. No parking is allowed on the private roads. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 (#4 - #2308 Brook Park Realty - Continued) • Van Zomeren reported that Staff does not feel the number of trips into the development would create a problem and could be absorbed into the traffic on Livingston and Casco. No study has been done, however. Van Zomeren said the applicant has provided a copy of the homeowner's association agreement for another development that would be similar to this development. It is currently being reviewed by the City Attorney. Van Zomeren said no resolution is included in the packet. She asked Council to give direction on how to proceed with the application; the Staff would draft a resolution that follows their directive. Bill Gleason said his company conducted two traffic studies, one through their own company and the other through BRW. Their monitoring indicated 3.2 trips per day per unit. BRW monitor resulted in 5 trips per day per unit, which included deliveries, garbage pickup, and mail delivery. Gleason expressed surprise regarding the road. The landscape architect recommended a narrow road and no hammerhead. The Planning Commission asked for a narrow road with a hammerhead. The Council wanted a wider road with a cul -de -sac. The road as proposed is wider than originally planned. Gleason said he would comply with the • Council's decision. He noted, however, that it would be unavoidable to take additional trees. Gleason compared the units with other developments. He felt the design met or exceeded what he found elsewhere. He expressed concern with the landscape architect giving direction on design of inside of the units. Jabbour asked how this occurred. Moorse said concern had been expressed over the limited 20' width of the units and advice was sought. He noted the concern for parking limitations and entry into the units. Gleason reported that the garage width is as wide or wider than at other developments and includes two garage stalls rather than one which is typical in other developments. Gleason said the units are not designed for handicap accessibility and other homes would have similar problems if temporary disability occurred. He said the deck is made of a maintenance free material with a longer life expectancy than wood. The parking is similar to that found in other developments too. Gleason noted good products being used, i.e., aesthetically and security -wise, and upgrades, such as siding and windows. 0 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 (#4 - #2308 Brook Park Realty - Continued) • Gleason said the development's market niche is eo le who are downsizing, kin P p g, wor g couples, and single workers. He felt this type of homeowner would generate fewer trips than families. Gleason also noted the importance of preserving views. He indicated that if the number of units are reduced in the development, the cost of the remaining units would increase. The original plan called for 45 units. He feels the PRD makes the land more usable, and the plan is sensible, allowing for concessions to be made on setbacks. Jabbour clarified direction being sought. Gleason noted the cost involved in each redesign. He asked for Council to clarify their requirements due to the opposing viewpoints of Council, Planning Commission, and landscape architect. Jabbour said a hardship would have to be shown to deviate from the cul -de -sac requirement. While he does not want to lose any more trees than necessary, this may be the case due to the need for the cul -de -sac and lack of any real hardship. Kelley said he is not in favor of the project. He feels the plan proposes more density than the site can reasonably accommodate. Goetten said she feels the project is appropriate to the area, though there are concerns to resolve. She asked for further clarification regarding direct access from CoRd 15. She • was informed that the property to the west would have to be acquired and developed in order for access to CoRd 15. Discussions are underway with the owner but no commitments have been made. Gleason reviewed the plan for the road if the other property was developed. Sewer lines would be provided to CoRd 15 for future development of the western parcel. 0 Jabbour asked Kelley to elaborate on his viewpoint. Kelley said the development should be a PRD as a cluster -type development. He does not want to see the added traffic moving to the east. Kelley cited the development to the east as being a well - planned development and asked the applicant to consider such a plan. He questioned the height of the proposed units and their prominence from the road. Gleason noted the units meet the 30' height requirement. Kelley said the structures are massive, and he would not support 3 levels located on the hillside. Kelley indicated there were single family dwellings to the east, and 30 units on this property would be too much density. He did not have any direction regarding the number of units per acre. Kelley is concerned with 12 units being located off the driveway and feels the cul -de -sac is necessary. Gleason noted the updated plan calls for a 28' wide road. Peterson said she agrees with Kelley that the development is too dense. She also agrees with the need for a cul -de -sac. She feels the subdivision should be designed with the development to the east in mind. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 (#4 - #2308 Brook Park Realty - Continued) • Gleason said the density is the same as the development to the east. Kelley countered that it is different due to the amount of dry buildable land. Gleason said the development to the east is not what is being purchased in today's market. It is also a non - association development, which would be cost prohibitive. Gleason feels an association is vital for control in this type of development. Jabbour indicated that covenants are placed on most developments. Gleason said he feels there are benefits for this type of development. He does not believe the density level is too high and needs are shown for this type of housing and affordability. Gleason said he was confused in that he thought the zoning requirements were being met, yet the Council is asking for more. Jabbour said the code provides the City's prerogative regarding how the subdivision should be designed. He noted that people purchase properties with the understanding that the code will protect their properties. Flint said he favors saving more trees and would prefer a smaller cul -de -sac and road width. He does have a problem with the proposed density. Regarding egress to the east off of Livingston, Flint said the project could be further reviewed if the property to the west is developed. During public comments, Park Commissioner McDermott said the additional amount of • 66 people for the area would equal that of development of 150 acres in the City's rural area. He noted the park in Navarre is in poor shape. As a resident, McDermott said he feels the visibility from the height of the townhomes would be an issue of concern. Gleason countered that the homeowners would most likely be singles with no children and would have little use of a park. He indicated a park land atmosphere would be created within the project area. Jabbour informed Gleason that the Council is reviewing different criteria. He suggested a plan using zero lot line, less density, less height, different design, and if the ordinance was changed, a narrower roadway. Gleason asked if the Council had any advice regarding the number of units. Jabbour suggested he review the neighboring development for ideas and indicated that massing and height are problems with the current plan. Gleason expressed his confusion over the differing guidelines. He thought the design was what was desired and now hearing that the Council does not like the look of the development. Jabbour responded that this was only one concern, but there were others as well. He noted the desire of access from CoRd 15 and differing concerns amongst the Council members. 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26,1998 • (#4 - #2308 Brook Park Realty - Continued) Flint asked how the cost of the units would differ if there were only two to a group. He noted the land cost was less than other land in the area. Gleason said the buildings to the east are generally split entrys and not one level living. The units in the proposed development are similar to walkouts. Gleason said the land is not economical and 75% of the project cost is for the infrastructure. He noted other cities would allow more density. Flint responded that the plan is incompatible with the philosophy of Orono and land use efficiency is not a consideration but best use of land is a consideration. He suggested single level units be considered. Gleason said single level units require more land and would not be feasible for this project. Goetten said she was not against the project but is concerned with CoRd 15. She suggested a graduation in the type of units from twinhomes to townhomes. Jabbour added that the plan should not require sprinkling and include only one cul -de -sac. John Gleason, the builder for the development company, questioned what alternatives would be favored. He asked if the product as proposed would be totally unacceptable with the projected height. Kelley said he did not believe so. John Gleason felt the mixed use of single level with units as proposed would make sense. Goetten noted the need to create a good transition in the housing but admitted not being aware of the cost effects. • Jabbour asked that the applicant present sketches for submission to Council without requiring a full design and laying out several options for Council to give direction on. Other Council members agreed with this proposition. Bill Gleason said he would explore this possibility. Density was still creating a problem for him. Jabbour said there is no formula for density in the City. Jabbour noted that the code allows for leeway in its interpretation. Tom Barrett said the landowner has the right to build on 1/2 acre lots on the property without a density credit. The density credit is more of a legislative judgment. The appearance of the development can be considered, as well as height, design, and recreational needs. Jabbour felt these comments were relevant. Kelley said the plan would be that of sketch plan given the discussion at this meeting. He preferred a preliminary sketch plan be presented to Council and options given for consideration before further development. Goetten moved, Peterson seconded, to table Application #2308. Vote: Ayes 5, Nays 0. ( * #5) #2310 DICK BURY, CLASSIC CAR SALES, 3850 SHORELINE DRIVE Goetten moved, Peterson seconded, to accept withdrawal of the application. Vote: Ayes 5, Nays 0. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 ( * #6) #2315 C. DOUGLAS AND MARILYN HOLCOMBE, 1040 AND 1056 • LOMA LINDA AVENUE - LOT LINE REARRANGEMENT AND VARIANCES - RESOLUTION NO. 4021 Goetten moved, Peterson seconded, to approve Resolution No. 4021. Vote: Ayes 5, Nays 0. ( * #7) #2316 MIKE HILBELINK, 120 GOLDEN VIEW DRIVE - PRELIMINARY PLAT FOR CLASS IH SUBDIVISION - RESOLUTION NO. 4022 Goetten moved, Peterson seconded, to adopt Resolution No. 4022. Vote: Ayes 5, Nays 0. ( * #8) #2318 C.N. OSTROM & SONS, FOR JEANNE MITHUN, 755 FERNDALE ROAD NORTH - CONDITIONAL USE PERMIT - RESOLUTION NO. 4023 Goetten moved, Peterson seconded, to approve Resolution No. 4023. Vote: Ayes 5, Nays 0. ( #9) #2319 RON LAUER, 1040 TONKAWA ROAD - VARIANCES - RESOLUTION NO. 4024 Ron Lauer was present along with architect, Bruce Schmidt, and prospective • homeowners, Mr. & Mrs. Buxton. Gaffron reported that the property is located in the LR -1B, one acre Zoning District. The 120' wide property meets 80% of the width standard for an existing lot. There is an existing house on the property with a total of 39.5% hardcover in the 75 -250' setback, excluding plastic removed from landscaping, approved within the last ten years. The original proposal was for new construction with hardcover of 35 %. The majority of the driveway and house is located in the 75 -250' setback. The average lakeshore setback is met by the plan. The house will be located 120' from the lakeshore. The Planning Commission recommended approval on a vote of 3 to 2 subject to 75 -250' zone hardcover not to exceed 30 %. The applicant has revised his plan with more of the driveway located in the 250 -500' setback and reduction in sidewalk and patio to result in 75 -250' hardcover at 29.78 %. The packet includes information regarding the new plan and hardcover calculations. Gaffron indicated that the minority vote in the Planning Commission recommendation stipulated that there was no hardship shown for hardcover to exceed the 25% maximum. Gaffron said Staff acknowledges the difficulty in meeting the 25% hardcover limitation on smaller lots. This lot is larger, however, and Staff finds it difficult to justify exceeding the limitation. The applicant is asking for approval of a 30% limitation and did receive some support for this request by the Planning Commission. 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 • ( #9 - #2319 Ron Lauer - Continued) Ron Lauer reported that the problem with moving the house back on the property was due to the existing hill. Jabbour asked for grades and elevations. He was informed that the elevation at lakeside is 930' and 940' at the top of the bank. The property is then flat by the building pad and goes uphill to 985' elevation. Schmidt said the other neighboring home sites differ from this property. This lot requires the driveway and house to be pushed more into the 75 -250' setback zone. It is a long and narrow lot. A problem would be created for lake views if the house was moved back further on the back. Gaffron informed Jabbour that the functional width of the lot is 111' with 125' at lakeside and required width of 140'. Jabbour noted that when the Shoreland Ordinance was adopted, the City was asked to adopt hardcover regulations up to the 500' setback. The City felt this would result in clustering of building and decide to split the zone into two. Gaffron acknowledged that the City's philosophy differed from that of the DNR. Jabbour said he feels the zone split gives a mixed message to the Planning Commission. If the zone was 75 -500', a more • massive house would have been allowed. This results in the need to make other considerations for long and narrow lots. Goetten said the steepness of the hill creates the hardship. Jabbour said building a small home on this lot could not be justified. Mrs. Edmunds, 1030 Tonkawa, said she is 100% in favor of the house placement. She is happy to see the hardcover from the pool being removed. She would be concerned with drainage if building was moved back into the hillside. Edmunds stated her architect built in swales to accommodate the drainage and would like drainage to remain as it exists. Robert Edmunds said he was at the Planning Commission meeting. A relevant point made at that time was that the property is a prime building lot and requires a substantial house to be built on the expensive real estate. Assuming ecological reasons for the ordinance, Edmunds said the plan includes reducing the current hardcover and saving the hill as being ecological reasons. He feels this is preferable to changing drainage patterns and building retaining walls. Mr. Buxton said the revised plan allows for the driveway to be moved back. He would like to see the woodland preserved. With the long driveway, there is a need for parking. He is concerned with the loss of trees, sight lines, and the ability to use the existing driveway. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 ( #9 - #2319 Ron Lauer - Continued) . Flint said he initially was not in favor of the proposed plan, but after hearing the discussion, he is undecided. Peterson cited a recent application where a building pad for the home was turned to accommodate the average lakeshore setback. In viewing this application as new construction and yet agreeing with the need for the large home size, Peterson said she finds it difficult to approve the variance. Goetten said she initially questioned the variance but has gained a better understanding of the grading changes and problems arising from moving the house back on the lot. She feels the hardship is the hill. If the concern is the hardcover, she suggested that the resolution stipulate no additional hardcover will be allowed in the future. Goetten noted that there is no hardcover proposed in the 0 -75' setback and supports the application. Kelley said he supported the application. He did suggest the possibility of reducing the garage to two stalls and building another garage on the hill. Jabbour reiterated his concern with sending mixed messages. He noted the concern with building massiveness by the lakeshore would not be present in this case. He questions the benefit of meeting the requirements with no variance due to the circumstances with the hill. Jabbour feels the large amount of land can be reallocated into another zone. He . supported the application. Jabbour noted he had not met the applicants prior to this meeting. Goetten moved, Jabbour seconded, to approve Resolution No. 4024 with the new rendering of the driveway portion out of the 75 -250' setback for a 29.87% hardcover in the 75 -250' setback. Additional hardcover is to be reallocated and reduce the amount allowed in the 250 -500' setback. Gaffron reviewed the findings in favor of the application: hill, loss of trees, view, driveway, existing building pad, reallocation of hardcover being reused due to narrowness of lot. Gaffron said more findings from the discussion can be added. He asked if the application should be seen by Council again. Goetten and Jabbour agreed to add the findings to the motion without further review by Council. Kelley asked that the findings include the neighbor to the north's concern regarding runoff. He assumed a grading plan will be required. Gaffron said a condition can be placed requiring the drainage and grading plan be submitted prior to issuance of building permit. This condition was added to the motion. Vote: Ayes 4, Nays 1, Peterson. (A short recess was held.) 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 ( #10) #2322 STEVEN N. FILIPS, 2570 THOROUGHBRED LANE - VARIANCE - • RESOLUTION NO. 4025 Mrs. Filips was present. Gaffron reported that the request is for a temporary variance for a 6' privacy fence along Watertown Road. The property is directly opposite Trufl=ula Trail resulting in glare from headlights being received in the residence. He noted that the applicant had received incorrect information, most likely due to misunderstanding of the lot itself, regarding fencing requirements. Gaffron said a fence on a through lot requires 50' setback for a fence higher than 3 -1/2 feet. The Council informed the applicant at a previous meeting that the variance process was necessary. Gaffron indicated the Planning Commission recommended approval of the temporary fence to remain as a barrier for a 2 -1/2 year time frame until vegetative screening has matured. The fence would be required to be removed in June of 2000, or relocated to become conforming. Findings are included in the draft resolution. The uniqueness of the lot in relation to Truffula Trail was noted. Addition of trees would be at the applicant's discretion. Mrs. Filips had no additional comments at this time. Jabbour was informed that the normal application fee had been charged to the applicant, • but based on the miscommunication, no after - the -fact fee was assessed. Jabbour felt if the City played a part in the mistake, perhaps no fee should be charged. Kelley asked if there were type 1 wetlands on the property. Gaffron said there were type 1 wetlands, but they were non -City protected. The covenants protecting these wetlands do prohibit neighboring properties to the east from building any type of a berm. MCWD and Corp of Engineer approval is required. Mrs. Filips said they originally planned on building a berm and were informed that they could not do so. Their goal is to block headlights from shining into their home. Kelley said he would like to condition any approval on the fencing being in conformity if the residence is sold prior to the expiration of the time period allowed for the temporary variance. Mrs. Filips agreed with stipulation of this condition. Council also voiced their agreement. Peterson was informed that Staff would be responsible for enforcement. Kelley moved, Goetten seconded, to approve Resolution No. 4025 for a temporary variance with the condition that the fence be brought into compliance prior to closing if the residence is sold within the time period of 2 -1/2 years. Vote: Ayes 5, Nays 0. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 ( #11) #2330 ROBERT BEUTLER, 1331 NORTH ARM DRIVE - VARIANCE - • RESOLUTION NO. 4026 The Applicants were present. Bressler reported that the application is a renewal of a lot width variance which had expired. The lot is 83' wide at the 75' setback and 74.9' at the OHWL, where 140' is required. No other variances are required. He reported a peculiarity to the application is the request to retain the existing residence for storage space after the new residence is constructed. This was previously approved with the caveat that the plumbing and heating facilities be removed to ensure that the structure was not used for rental property. The Planning Commission recommended approval. The applicants indicated their desire to maintain the heating facilities but have since said they would comply with the direction given. Mr. Beutler said he questioned the logic behind requiring removal of the heating facilities since he would be allowed to heat his garage. Jabbour reiterated the removal gives the City some assurance that the structure will not be used as a rental property. Goetten moved, Flint seconded, to approve Resolution No. 4026. Vote: Ayes 5, Nays 0. ( #12) #2331 MARC GILLETT, 2160 WAYZATA BOULEVARD - FINDING OF • SUBSTANTIALLY SIMILAR USE The Applicant was present. Van Zomeren showed information received from applicant regarding the go -carts and the floor plan of the inside of the building. The request is for finding of substantially similar use to enable the applicant to lease retail space within the Orono Mall to sell go -carts, parts, and accessories, which is not included in the permitted or conditional uses of the ordinance. The Planning Commission voted 4:1 that the use is not similar to that of a hobby shop or bicycle shop. Their concern was engine noise being incompatible with retail uses in the mall. The Council was requested to deny the applicant's request. Marc Gillett said he is interested in pursuing this retail operation with his sons as a family oriented sport. The sport is conducted in a safe, controlled environment. He noted another type of go -cart is sold in a business across the street in Long Lake. Gillett responded to concern regarding running the go -carts on the lot. Due to the need to maintain a 3/4" road clearance, it is not possible to run the carts in a parking lot. He would use a delivery service for customers, and testing of engines would occur at the Dakota County track in Rosemount. • 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26,1998 • ( 41"L - #2331 Marc Gillett - Continued) Gillett said the property owner, Mr. Wear, has given approval for the engines to be run in the building. Gillett said any engine work could be done after hours or in the basement portion of the building. He noted the operation is not greasy. The engine is attached to the frame in the shop. 0 Jabbour reported that there is no distinction between racing carts and 4- wheelers, and the City would be unable to specify this particular type of cart. Gillett responded that the concerns expressed about carts in the lot won't happen because of the cart design. Flint said he would not support an amendment to the ordinance and stood by the Planning Commission's recommendation for denial. Gillett noted the need to provide the opportunity for people to get involved in this sport requiring such a retail outlet. Goetten said she would be concerned with the noise from the engines. Gillett responded that he would follow any restrictions placed on the use. Gillett said the go -carts come two to a box and are assembled in the shop. To test the go -cart, it must be taken to the Dakota Technical College track course. He would prefer to be allowed to start the engine on the property without disturbing the neighbors. He noted it is alcohol based and environmentally safe. Jabbour questioned if there was a better location for this business. Kelley noted that there are marinas where boats are repaired and gas stations where engines are repaired, and suggested a condition on the use restricting engine- starting to enclosed areas. Goetten did not believe the use was substantially different from that of a bicycle shop. Moorse said the difference is with the engine. He noted that if a finding of substantially similar use is made under permitted uses, then no conditions would be placed on the use. If a finding is made for being similar to a conditional use, such as garages, the code could be amended with specific conditions for the proposed use. Planning Commission Chair Lindquist was asked if the Planning Commission had a problem with comparison of the uses. Lindquist said he objected to the use in its entirety noting the difficulty in controlling the business. Gillett asked if there was any known problem with the use in Long Lake. No indication of any problems was known. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON iAIY uARY 26, 1998 ( #12 - #2331 Marc Gillett - Continued) • Moorse said if the determination was made that go -carts are a substantially similar use, whether other uses similar to go -carts would be considered similar; also, the conditional use could be narrowly defined. While agreeing with the need to narrowly define the use, Jabbour said he found it difficult to distinguish between other go -carts and 4- wheelers. Gillett noted that these uses are able to run on the road. He suggested having a retail outlet only with no hands on type of business. Kelley asked if there was any zoning district within the City where this use would be allowed. Van Zomeren said go -carts are not listed as a permitted or conditional use in the code in any zoning district. She did note, however, that the proposed zoning district allows for a hardware, where repairs of lawnmowers could occur. Goetten asked for Staffs opinion. Van Zomeren said if it is not substantially similar, then no conditional use could be granted. A text amendment to add this use as a conditional use would be consistent with garage and repair work in the B -1 district. Gaffron explained where the other B -1 locations are in the City. Flint said he stands by his position that there is no similar use. Goetten was informed that a used go -cart would run about $600 and could cost as much as $12,000. 0 Flint moved, Goetten seconded, to deny the request for finding that a go -cart operation is similar to that of a hobby shop or bicycle shop. Vote: Ayes 4, Nays 1, Kelley. Van Zomeren reported that to amend the ordinance as a conditional use would require a 4/5 majority vote. Kelley said he was not sure that this location was the best place for this use and asked if there was another appropriate location. He questioned how the jet ski sales operation obtained its conditional use permit. Jabbour indicated that this came into operation after the ordinance was adopted. Kelley noted the difficulty in limiting the use to just go -carts. He felt the use has the possibility of expanding into other vehicles. Jabbour asked Staff to come back with suggestions for uses within the B -1. Kelley noted the changes occurring in society create the need to update the fist for additions and deletions. He stipulated that he was not stating whether the proposed use should or should not be included on the list of uses. • 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 • ( #12 - #2331 Marc Gillett - Continued) Jabbour asked Staff to make a recommendation based on if the use were to locate in the City of Orono and determine the most appropriate location. Council agreed. He asked that the guidelines be presented for discussion at the next meeting. ( #13) #2338 FRESHWATER FOUNDATION, 2500 SHADYWOOD ROAD - CONDITIONAL USE PERMIT AMENDMENT Representing the Freshwater Foundation were Don Brown and JoEllen Hurr. Van Zomeren reported that the request by the Freshwater Foundation is to update or amend the conditional use permit. She presented the history behind the foundation and the building. The University of Minnesota did not need a zoning approval because it is the State that grants police power to the City to regulate land use. The University of Minnesota gave the facility back to the foundation in the early 1990's. A corporate tenant has been found to lease the lower level. The Planning Commission reviewed the application and were concerned with the lack of information on the tenant and their work. The lease was under negotiations at the time. Van Zomeren said Staff did not believe they could give approval without direction from Council. The Planning Commission recommended no action be taken as they found no change to the conditional use. Council was asked to provide direction to the applicant regarding the status of the • conditional use permit and if the lease fit the use. 0 JoEllen Hurr, a Foundation board member, said the lease is with Cargill, who is interested in leasing the facility for research. In response to the City's concern regarding the type of research, Hurr said the tenant must adhere to requirements of the permit. The permits require maintaining review and authorization. Hurr informed Flint that the reason behind the new tenant lease is economical. She noted the expense related to laboratories. Jabbour was informed by Don Brown that the type of research is biological in nature and includes water based processing. He said the research is compatible with the design and activities conducted by the University of Minnesota. The Council was to determine whether the CUP in place is compatible with the tenant's use and within the parameters of the CUP itself. The City needs to be aware of the State and Federal regulations guiding the use. Jabbour said he would like assurance that no hazardous materials are involved. 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 ( #13 - #2338 Freshwater Foundation - Continued) . Kelley noted that the University operated the building for 19 years. He asked if there was any change in the floor plan or hardcover during that time period. Hurr indicated a garage was added. Brown said the garage is located in the corner of the property by the O'Sullivan property and used as a storage facility. The original specifications and plans have been followed. Brown indicated that, at one time, there was the intention to construct a channel from the "boat room" to the lake for scientists to bring samples directly to the labs by boat. This did not occur. Kelley asked if the garage would require a variance. Hun said the garage was built legally by the University. Kelley said it should be included in the records for future reference. Kelley moved, Peterson seconded, to approve the use within the conditional use permit. Jabbour asked that the motion reflect no hazardous materials and put the tenant on notice regarding this exclusion. All chemicals in use are to be filed with the Fire Department. Vote: Ayes 5, Nays 0. ( #14) MOONEY LAKE ELEVATION CONTROL - INFORMATION UPDATE Douglas Dayton, 300 CoRd 6, reported that his intention is to solve the high water problem on Mooney Lake. The lake has continued to rise, causing the loss of trees. The • lake has no outlet. Dayton indicated that the high water levels of the 100 acre lake has caused 115 of 6" diameter trees and 65 of 12" diameter trees to die. This is the second tree line that has been lost since he moved there in 1960. Dayton reported that the Watershed District is aware of the problem and agree that it should be solved. Dayton said it would be helpful if the City would ask the Watershed District to solve the problem. Gaffron indicated there were three issues of concern. One is the question of where the pump discharge outlet will be located and whether it would be tied in to storm sewers or with the North Ferndale Road improvement project. He thought the discharge may go to the Plymouth side to Hadley Lake. If it flows to the Orono side, the water would run through Spring Hill Golf Course or to Lydiard Lake. Gaffron said any additional water to Lydiard may cause problems to this sensitive area. Gaffron said he would recommend the outlet not discharge to either Spring Hill Golf Course or Lydiard Lake. Another issue is how the solution would be funded. Gaffron indicated that discussion has occurred regarding assessing the watershed. The property owners affected include Dayton, a few in Medina, and the majority in Plymouth. P 18 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 • ( #14 - Mooney Lake Elevation Control - Continued) Gaffron suggested the Watershed District work with the homeowners association in solving the problem. Staff does not feel this is an issue for the City. He received a sample petition from MCWD that could be used to request the Watershed District to solve the problem. A letter from the homeowners association has suggested all three cities be involved in the solution. Gaffron reported that no resolution has been drafted. He is asking for any questions the Council may have and indication of conceptual support. The Watershed has performed a number of studies but no design has been created. They are looking for City support as well. Jabbour asked if the water increase is due to development in Plymouth. Gaffron said the higher development density in Plymouth has probably contributed to the fluctuation of a few feet along with the lack of an outlet. At the current water level, Gaffron said trees will be impacted but the houses should not be directly impacted. Dayton noted that he has lost the ability to walk along the shoreline. Jabbour said it was important for Mr. Dayton to understand that some Watershed District people would like the City to do the project and are divided on how to handle it. Jabbour said he is in favor of finding a solution. He questioned whether all three cities would • have to initiate the project if the Watershed does not get involved. Dayton indicated that the City of Medina has agreed to the need to monitor the water level. Gappa said he has also discussed an outlet with the City of Plymouth. Jabbour clarified with Dayton that he is asking the Council to endorse a project to reduce the level of the water on Mooney Lake. Kelley said he did not believe the cities could solve the problem without a catalyst. He feels the problem is generated by the City of Plymouth, who should pay for correcting the problem. Gaffron informed Kelley, when asked, that he did not know if storm sewer empties directly into the lake from Plymouth. Jabbour said the Watershed District involvement is based on receiving City cooperation and feels a resolution should be pursued. He feels the Watershed should consider ways for all three cities to correct the problem. Flint said he would like Staff to study the issue and make recommendations. He does not want to give carte blanche to whatever needs to be done to solve the problem. Jabbour moved, Goetten seconded, to pass a resolution supportive of the Watershed District reviewing the problem and developing a solution and cost estimate with copies • sent to Orono, Plymouth, and Medina with request for their ideas. Vote: Ayes 5, Nays 0. 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 ( #15) !.ARY DFSANTIS; SAILORS WORLD MI►RINT A - LETTER OF • REQUEST RE: SLIPS Gary DeSantis, owner of Sailors World Marina, was present. Gaffron reported that DeSantis is requesting City support for a business plan regarding the number of slips allowed for use at his marina. The LMCD is requiring removal of 10 slips, which were allowed to be used for a ten year time period, based on an agreement reached in 1988 between LNICD and former owner, Toberman, when 20 buoys were required to be removed. The ten year period is due to expire. Gaffron said 1987 City action to approve a redevelopment of the site led to the boat sales operations being moved to the gas station across the street. This operation continued for some time, then discontinued. The marina eventually came under DeSantis' ownership. Boat sales at the marina have never been sanctioned but apparently have been on -going off season for some time. This is a change that needs an amendment of the commercial site plan approval and a revision to the boat club CUP. There are no specific dock regulations in the City code. The LMCD requirement to remove 10 slips will result in a change in the business. Gaffron also noted that a storage module was allowed by the City a few years ago. The location of the module in Staff s opinion is too visible, and it should be moved to an area where it can be screened from the lake or with vegetation by the lake. DeSantis indicated that the use of the marina has been a concern since 1994. Activities include a boat club and off - season brokerage in addition to slip rental. The boat club use has been reduced in volume resulting in his proceeding with the brokerage of up to 26' length boats. He said he has worked with the City since 1977 when he took over Paul's Landing. DeSantis said the 79 water storage units is down from 170. He has made $500,000 worth of improvements to the property and needs to off set the change in business. If he loses these 10 slips, it would create a problem. DeSantis referenced a 5/3/95 detailed report regarding parking. He said he is using 34 stalls with the business, although his CUP allows a 100 member boat club and dockage usage. The slip customers come in at varying times. DeSantis said the boat club people is a 7:1 ratio. With reducing this business, he has cut down on the number of stalls by 6. DeSantis said this has resulted in less intense use of the operation and with resulting improvement to the property and to the community. To lose the 10 slips would cause him to have to intensify his other activities. Removal of 6 slips in the northeast portion and 4 in the southeast portion of the slips will cause the loss of the natural breakwater and jeopardize the complex. It is currently set up to protect the area, and DeSantis would have to reconfigure the whole dock system if these slips are lost. DeSantis said he has not received any complaints from the neighbors and feels no benefit would be gained by the loss of the slips. He noted a letter sent by him to the Council. 0 20 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 • ( #15 - Gary DeSantis - Sailors World Marina - Continued) Goetten asked about the history behind the 10 slips. Gaffron said the LMCD, in approving the dock reconstruction in 1988, recognized there were 20 buoys located outside of the 200' limit and informed the marina to come into conformity. Due to its impact on the business, an agreement was reached that allowed for the 10 slips to be added to the previous number of docks for a ten year time period to make up for the 20 buoy loss. Jabbour questioned whether it was only 10 docks. DeSantis said there were also other water storage units removed. This occurred when the property was owned by another person but the agreement is imposed on him as current owner. Gaffron read from the agreement that the ability to reconfigure the docks included these 10 slips. Goetten received confirmation from DeSantis that the time frame for the slips to disappear has arrived and he had been aware of this agreement. Goetten asked how many boats there were per running foot and how it applies to marinas. She was informed that there were 79 dock slips of which 76 are rented. Gaffron indicated with 250' of shoreline, it is about 1 boat for every 3. Goetten asked how this compares to other marinas. Gaffron said the use is dense citing 1 per 30' at Minnetonka Boat Works, although Lakeside and North Shore Marinas have similar density to that found at Sailors World. Jabbour noted that the Boat Works special density license agreement was made with the City of Wayzata and the City did not agree to the terms. • DeSantis responded that he felt the comparisons were not similar and noted his attempt to reduce the intensity of activity on his property. He has also borne the cost to clean up the soils. DeSantis said it would be difficult to continue to run his operation without the use of these slips. E Jabbour indicated he would abstain from voting on the issue. Goetten chaired the discussion. Peterson asked what can be done about the brokerage sales. Gaffron said a commercial site plan review must take place for such a change to the operation and will require an additional 8 parking spaces. DeSantis already has a variance for parking and has shown how it works. He suggested a formal application be submitted by DeSantis for the amendment to the commercial site plan and for the parking variance. DeSantis indicated that his allowance of 100 boat clubs members is down 50 %. He asked to continue the brokerage aspect of his business and maintain the lower boat club numbers. Peterson informed him that he has no permission to sell boats. DeSantis said he has done so since 1973. 21 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 015 - Gary DeSantis - Sailors World Marina - Continued) • Flint questioned why the City was becoming involved in this matter. Goetten said DeSantis would like support from the City for his request that the LMCD grant permission to keep the 10 slips. DeSantis felt it was an issue of defining goals. His goal is to de- intensify the use of the site. One way to do so is by brokering. DeSantis said he has demonstrated by his improvements to the property and by cleaning up of the soils, regardless of City support, good faith in his operation and had thought the City was happy with his operation. He would like to show the LMCD that the City is satisfied with how his business is being run. He noted that the only condition he has not complied with is the landscaping plan, and that is due to the soil clean up. Gaffron agreed. Flint felt his question was not answered. He supported submitting a letter regarding DeSantis being a good business owner but does not feel the City should otherwise be involved. DeSantis said his goals are predicated on having the number of slips available. He would need to intensify the use to build up his operation if he loses the income from the slips. He felt this should be of interest to the City. He reiterated he would have to change the dock complex and increase rental activity. DeSantis said he believed the City was not in favor of this occurring. JoEllen Hurr, who is a past Council member and familiar with this operation, said she has trouble seeing a hardship to allow the 10 slips to continue. She feels the hardship is self - created. Hurr said DeSantis knew that he would loss these slips and should have responded to it sooner in his business plan. She noted he was also not in compliance as his approval did not include for the brokerage. She feels the agreement was made in good faith and the operator should follow it. DeSantis responded that the agreement was not made with him. Hurr said she understood that but he bought the operation. Goetten closed the discussion and asked for Council to consider what action should be taken. Peterson asked for clarification on what DeSantis is requesting from the Council. Gaffron said DeSantis would like a letter showing support of his business plan making use of the 10 slips in order to maintain a lower level of intensity. He indicated that an advisory should also be included that stipulated the brokerage was not sanctioned. Past approvals of the use of this site have not been based on a sales operation. Adding a sales operation will require an amendment. The letter of support is requested for the intensity of use as well. Goetten indicated that even if the Council supports the business by a letter, there are other issues that need to be resolved. Peterson felt that the City would be opening up the ability for other marinas to act in the same manner if a letter of support was given. Gaffron said he was unaware of a similar situation but supporting one operation may require supporting the other operations as well. Flint said his concern is with the request for more slips. • 22 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 • ( #15 - Gary DeSantis - Sailors World Marina - Continued) Flint moved, Peterson seconded, to move that no action be taken. Vote: Ayes 4, Nays 0, Abstain 1, Jabbour. (The Engineering Report preceded the Mayor /Council Report.) ENGINEER REPORT ( #16) REPORT ON FERNDALE ROAD NORTH PROJECT Gappa reported that the public hearing was held at the last Council meeting. The draft feasibility study proposed a 36' wide road, which was eliminated due to public response and Council's input. Gappa indicated the Council asked for cost estimates for a 32' wide road project, a 28' wide road project, and a reclaim and pave option. Gappa indicated that Orono's projected cost for a 32' wide road is $743,200. A 28' wide road would cost Orono $700,763. These two options are eligible for State aid funding. The reclaim and repave cost of $242,974 is not eligible for the State aid funding. Gappa reported that repaving is not recommended due to the existing problem with the subgrade drainage, which would not be corrected, the ineligibility for MSA funding, and the City of Plymouth's plan for a road project using MSA funding. • Jabbour asked if Gappa investigated Plymouth's policy regarding assessing the cost. Gappa reported that Plymouth's policy is one where the residents of the road, based on road frontage, are assessed for the cost of the improvement. Gappa thought the assessment amount is less on a collector road. Jabbour said he would like the City to be proactive in this matter with determining some assessment guidelines for future use. Kellogg noted that only Plymouth residents will have direct access on North Ferndale Road. Jabbour asked Gappa if he has discussed with Plymouth the fact that the Orono Council does not want a 36' wide road. Gappa said he met with representatives of Plymouth, who were made aware of this fact. He informed them that the City of Orono would be reviewing other options. Gappa said the City of Plymouth has not yet approved a formal feasibility report. He asked for direction on the road width from the Council. Jabbour opened the meeting to public comments. Mary King, 142 Chevy Chase Drive, indicated that the 1993 guidelines stipulate if the speed is reduced to 30 mph, a 26' wide road would be eligible for MSA funding. Jabbour said he had asked Staff what the minimum road width is allowed in order to receive the funding and was informed of the 28' width. Gappa said he was unaware of a 26' road • being eligible for the funding. Jabbour noted that there is the option of the bike path located off the roadway. 23 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 ( #16 - Ferndale Road North Project - Continued) is King noted the difficulty with working between two cities. She said the residents would like to see trees saved and the character of the area maintained. These were reasons why people moved here initially, and King would like the road to be as close to what currently exists as possible. She asked if the design of Brown Road at 28' has proved suitable with the road and bike path. Gappa reported that the winter trail maintenance is an issue for the 28' width, which is too narrow for bikers and hikers to bike and walk on. Martin Gardiner, a Plymouth resident, said he asked the City of Plymouth about plowing the trail in the winter months. He was told that Plymouth would plow and pay for the expense. Jabbour informed him that the neighbors had indicated at the public hearing that it is dangerous to ride bikes on the road. Jabbour said the original intent of the City was to repave the road, and that is still an option. He referenced the cost differences for the options and pointed out that North Ferndale Road is not a primary road. Stuart Dietz, a Plymouth resident, asked if the Council has seen the citizen survey. Jabbour informed him that they have seen it and discussed it at the public hearing. Jabbour said the Council has no agenda regarding the road and are only reacting to the requests for repairing the road. Kin g asked what the next step would be after the public hearing in Orono, cost • information gathered, Plymouth notified of Orono's intent, and Plymouth's public hearing. Jabbour reviewed the history of the request for road improvement as it has transpired to date. Staff will bring the information to the City of Plymouth. Gappa indicated that the City of Plymouth wants to schedule another informational meeting and invite representatives of all three cities and meet with the Orono Council. Plymouth will then hold a public assessment hearing and a recommendation will be made. Jabbour said the City of Orono needs to make their position known regarding the road improvement. He asked whether the minimum road width for MSA funding eligibility is 26' or 28'. Kellogg said the State guidelines say 28'. He said cost figures could be calculated for a 26' road, but he did not believe the State would agree to that width. Gappa noted the measurements are metric. He noted the language also refers to the recommendation regarding the speed limit, which he thought could possibly allow for a 26' wide road if the speed limit was 30 mph. Goetten said her understanding is that the City of Plymouth usually builds wider roads. Gappa said their standard road is 32'. Gappa felt the Council needs to make a recommendation and forward it to the City of Plymouth. Jabbour suggested reviewing the City's road standards for subdivision development. • 24 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 . ( #16 - Ferndale Road North Project - Continued) Mr. Dietz asked whether an interchange at Ferndale and Interstate 394 is being considered. Jabbour said the interchange was eliminated but the decision could change. Dietz said the possibility of this interchange is a reason behind a narrower roadway request. • Mary King felt the 32' design with bike path and two lanes is a good design but would create a problem for this road. The residents would like to see the design approached in a conservative manner. Martin Gardiner asked if it would be helpful to gather input from the residents along the road by use of the available drawings. Jabbour indicated the Council has a good idea of what is desired by the residents. Flint felt the Council was coming to a consensus regarding the road design and should move forward. Mary King was informed by Gappa that the public information meeting in Plymouth would be held in February. The road improvement is projected for construction this coming summer but may be delayed until 1999. Goetten questioned why the City of Plymouth is taking so long. Gappa agreed that Orono is ahead of Plymouth in the process. Terry Knight, a Plymouth resident and co- president of the Hadley Lake Homeowners Association, noted there has been no addressing of the storm sewer runoff. Kellogg said the drainage areas are drawn out and sewer proposed. There are questions in the southern portion of the road. He indicated the drainage issue is in preliminary form and more information will be forthcoming in the next couple weeks. Jabbour asked if Orono will schedule another public hearing. Moorse said the residents were informed of this meeting at the last hearing. Flint moved, Peterson seconded, to approve the 28' width with the condition that the cost be split 50/50 with the City of Plymouth including the off -road bike trail. Kelley felt the City of Orono should not be participating in the cost of the bike trail. He felt the trail would only serve a finite group of Orono residents. With the location on the east or Plymouth side, Kelley felt it would be a waste of Orono taxpayer dollars to pay for the trail. 25 MINUTES OF THE REGULAR ORONO CITY COUNCIL 1V11' ET-E G HELL ON JANUARY 26, iyya ( #16 - FerndnlP Road Nnrth Prniect - Continned) Jabbour clarified that based on State guidelines Plymouth is paying for 100% of the trail. However, under this formula, Orono is paying $700,000 for the road, while Plymouth is only paying $515,000. If the bike path is added in to the cost, Orono would pay for half that cost but Piymouth would be increasing their cost by picking up ii2 of the full cost of the road. With the even split in costs, Jabbour questioned asking Plymouth to pay for the trail too. Flint added that all of the residents voiced support of the trail. Goetten reported that she has received many calls over the years from residents of this neighborhood asking for a path on the west side of the road for their use. She is concerned that the trail is only for the east side. Flint said the larger portion of popuiation is on the east side but the traii viii be used by aii. Jabbour asked if a path can be striped on the west side on a 28' wide road. Gappa said no. A 4` traii on both sides of the road wouid require 32. Gappa indicated that the difference comes into play due to the curb reaction distance, which requires 2'. Kellogg elaborated that the driving lane cannot be closer than 2' from the curb. Kelley asked how cost sharing can be discussed without seeing the design. Jabbour disagreed that the design is unknown. Kelley questioned what land is being taken on both sides of the road. Jabbour felt enough information has been gathered. He noted the road is staked at 36' and residents should be able to determine the change related to the 28' roadway. Jabbour noted there were two choices for the Council to consider, the 28' MSA road or the 28' repavement. He thought that the cost was the only issue to resolve, and a decision is necessary in order to move forward. Kelley asked if the road will be centered on the right -of -way. Jabbour said it would be shifted toward the Orono side. Kellogg said the road center would be 4' into the Orono or western side of the center line of the right -of -way. Kelley asked why this is occurring. Kellogg said the reason is to balance the road within the right -of -way, especially with the trail construction, and avoid destroying trees. The road will transition T to the east on the north end of the road. The road is staked in order for the residents to get a preliminary idea of where the road will be. Flint asked if the road was now coming in 4' on each side with the 28' design. He was informed that this is true, though the detailed layout has not yet been done. Jabbour noted that the detailed drawing of the 36' width roadway was denied. He asked what the cost was for the drawing. Kellogg said he believed the cost was not wasted. Jabbour said the cost is wasted if the road is only repaved. CJ 1) A MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 • ( #16 - Ferndale Road North Project - Continued) Gappa said Staff is asking for a basic concept approval at this time for width and whether a rural or urban section should be considered. More detailed plans will require further approval. Direction is required on the concept before final plans are drawn. Jabbour added that the concept cannot be submitted to the City of Plymouth if the Council does not agree on the basics. He said the Council cannot continue to make changes on what is going to occur. Gappa said the recommendation for the road will be forwarded to Plymouth. Martin Gardiner informed the Council that the road layout is also due to the location of the power lines on the east side. He said he has walked the roadway and concluded that any improvement will affect the neighborhood with the exception of repaving only. He feels the 28' concept is a win -win situation for all. Jabbour noted that the storm sewer design received is a rural design. Jabbour said he had thought repaving would be appropriate and last 6 -10 years. However, with the proposed split in cost and life expectancy of total reconstruction being 20 years with an overlay allowing for up to 40 years, it would be irresponsible to only repave the road. Repaving is half the cost of total reconstruction and the underlying problem would not be repaired. Jabbour said he also feels the bike path is not an issue as it has been determined that the trail will be built on the Plymouth side. • Kelley asked what the position would be if the City of Plymouth does not agree to split the cost. Flint said the matter would be reassessed at that time. • Terry Knight said the City of Plymouth would like to see the project move forward. He feels the plan is taking alot of time for what is considered a small project in Plymouth. Kelley asked what type of curbing would be used. Gappa said he would like to see a vertical curb in order to keep people off the boulevard area. Flint noted the problems arise from motorcyclists as well. Tom Lane noted that the kids ride up the curbs with their bikes, skate boards, and roller blades. Voter Ayes 3, Nays 2, Goetten, Kelley. The recommendation is for a 28' wide MSA road, with an urban curb, and cost being split 50/50 between the Cities of Orono and Plymouth. 27 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 ( #17) WINTER MAINTENANCE OF TRAILS • Tom Lane, 915 North Brown Road, informed the Council that discussion has been held regarding winter maintenance of the trail. The question had been asked at two different meetings who will maintain the trails. Lane said the past Public Works Director, John Gerhardson, said the City would maintain the trails. Lane asked the Council why the trails are not being maintained. He noted weeds are plentiful during the summer months and snow has made the trail impossible to use over the winter. He said the snow is piled 6' high near Sugarwoods. Lane said the 28' wide road receives alot of use. He submitted a letter regarding the trail to 70 residents and received 35 replies. There are not alot of homes on the road indicating the trail is being used by other residents as well. Lane said the trail serves seven different neighborhoods. Safety problems are arising from attempts to walk the trail. Lane said the residents love the trail. He indicated he personally lost a major portion of his front yard when the trail was constructed but felt the trail would be a benefit to the residents. Lane said he is now being told the policy is that the trails are not maintained. He questioned this as the trail is a main access point for many people. He asked the Council to reconsider the policy and remove the snow from the trail. Lane felt a solution could be reached. Flint informed Lane that the problem is the cost in maintaining the trails. He noted the 0 short trail system in the City does not justify buying the necessary equipment. Flint indicated that the trail on Old Crystal Bay Road will be tied in to Hennepin Parks trail system and maintained by Hennepin Parks in the future. This, however, does not solve the problem for Brown Road North. He suggested possibly contracting with the City of Plymouth. Flint said the City cannot afford to maintain the trails but would like to see an attempt made at maintaining it. He said he has been told that trails can become icy in the winter months. Flint asked Staff to consider other options. Jabbour informed Lane that it is the City's policy not to plow roads in new subdivisions. The issue of trails and maintenance must be a City -wide policy. Jabbour said he reviewed this issue with Moorse. It was noted that each community has different roads. There are benefits to narrow roadways. Jabbour noted that there are people in the City who pay high taxes but receive little benefit in service from the City. Lane asked if a wing could be added to a plow. Goetten informed him that a determination cannot be made for one trail only. She also questioned the issue of liability. Lane asked what the policy is if someone were to be hit on the roadway. Goetten said she would question what people did before trails were built. Jabbour asked Lane if he would be interested in a special assessment. Lane said he would have to discuss the matter with the other neighboring residents. 0 28 h•• MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 . ( #17 - Winter Maintenance of Trails - Continued) Gappa indicated that the policy would have to be reviewed. He noted the difficulty in maintaining the grass in the boulevard area between the curb and the trail. One option is to pave from the trail to the road. Special equipment would be required and plowing cannot be done with the current equipment. Jabbour asked Staff to review this issue. MAYOR/COUNCIL REPORT No report was given. CITY ADMINISTRATOR'S REPORT ( #18) U.S. WEST - ANTENNA LEASE ON NAVARRE WATER TOWER Moorse reported that U.S. West would like to negotiate lease agreements for both the Navarre Water Tower and the North Water Tower at the same time. Jabbour moved, Goetten seconded, to table Agenda Item #18. Vote: Ayes 5, Nays 0. • ( * #19) TAX FORFEIT PROPERTIES - RESOLUTION NO. 4027 Goetten moved, Peterson seconded, to adopt Resolution No. 4027 requesting conveyance of tax forfeit lands for public use by the City of Orono. Vote: Ayes 5, Nays 0. ( #20) PURCHASE OF POLICE SQUAD CARS Peterson reiterated the need to have 4 -wheel drive vehicles. Peterson asked whether the transmissions were inspected on the vehicles and maintenance records reviewed. Kelley indicated he asked similar questions of Moorse. Peterson said she did not understand why the City of Champlin would sell these newer vehicles. Kelley asked if the vehicles had posi- traction rear engines. Moorse said he would have to check with the Police Department. Goetten noted that the purchases have already been made. Moorse indicated that the vehicles have 28,000 miles on their odometers and are in immaculate condition. The City of Champlin has a policy where they have take -home squad cars and turn them back in for resale prior to expiration of the warranty. Moorse is said he is satisfied with the vehicles. 29 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 ( #20 - Purchase of Police Squad Cars - Continued) • Goetten moved, Flint seconded, to confirm the authorization to purchase four used 1996 police squads from the City of Champlin at a cost of $14,900 per squad. Vote: Ayes 4, Nays 1, Peterson. ( #21) ANIMAL CONTROL SERVICE CONTRACTS WITH SOUTH LAKE CITIES Moorse reported that the contract is a general form used to provide animal control services to the cities of Excelsior, Shorewood, and Tonka Bay for the year 1998. These cities received a short notice from their prior service provider, requiring them to seek service elsewhere. The contracts were negotiated with the cities, but they were informed to continue to seek other alternatives in the event the service does not meet expectations of Orono or these cities. Language is included in the contract where the contract can be reviewed at mid -year and 3/4 year for release or renegotiation of the contract. Peterson asked if these cities were paying the cost for half a person. Moorse said the amount was more than that and should result in no increase in costs to Orono and a substantial benefit to the City. Kelley voiced concern with taking on more responsibility when the work level is already complex. He also felt the trip to Excelsior was a far distance for the personnel. Moorse • felt the benefits outweighed the additional work load. Jabbour asked about problems with maintaining staff. Moorse said problems have not occurred recently. He did note that the longevity of part-time employees is lower than that of a full -time employee. With the ability to hire a full -time employee, this should benefit the City. Peterson asked if the employees are on patrol. Moorse said the service includes on- patrol duty and employees are also on -call. Moorse indicated that the City is stepping in to aid these other cities to assist in solving a problem. The service will not be continued if it creates problems. Jabbour noted the need for providing alternative impound facilities. Peterson moved, Goetten seconded, to approve, on a trial basis, the contracts with the cities of Excelsior, Shorewood, and Tonka Bay for the provision of animal control services for 1998. Vote: Ayes 4, Nays 1, Kelley. CITY ATTORNEY'S REPORT City Attorney Barrett had no report. 30 n LJ MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 di ( #22) LICENSES Goetten asked if the cigarette licensees were abiding by the newly adopted tobacco guidelines and regulations. Moorse said they were in compliance. Flint moved, Peterson seconded, to approve the following licenses: Vote: Ayes 5, Nays 0. Residential Kennel Licenses: 1) Wayne E. and Gayle D. Carrier 2) Jane Kline and Steve Bell 1376 North Arm Drive 4455 West Branch Road 3) Tracey Morrow 4) John Redmond 3026 Casco Point Road 2695 Casco Point Road 5) Kenneth B. & Karen S. Rolland 6) Judith A. Spinner 4119 Oak Street 940 North Arm Drive Cigarette Licenses: 1) Richard Bloomquist Rick's Super Valu 3333 Shoreline Drive 3) Jimmie Holtz Jimmie's Lounge 3380 Shoreline Drive 5) Richard Kohn Wayzata Country Club 200 Wayzata Boulevard 2) Steven Corl Navarre Liquors, Inc. 3421 Shoreline Drive 4) LeRoy Koehnen Navarre Amoco 3360 Shoreline Drive 6) John O'Sullivan 2695 Casco Point Road 7) John O'Sullivan, O'Sullivans II 8) William Wear (Convenience Store & Culver's) Orono Self Service 3340 Shoreline Drive 2160 Wayzata Boulevard 9) Grant Wenkstern Lakeview Golf of Orono, Inc. 405 North Arm Drive (* #23) BILLS 0 Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. 31 MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON JANUARY 26, 1998 ADJOURNMENT Mayor Jabbour adjourned the meeting at 12:03 a.m. .ATTEST: L'n Vie, City Clerk G�—I Jabbour, M or 32 •