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HomeMy WebLinkAbout02-23-1998 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR FEBRUARY 23, 1998 • ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, and Barbara Peterson. Richard Flint was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Public Services Director Greg Gappa, Planning Intern Brad Bressler, City Engineer Glenn Cook, Building Inspector Bruce Vang, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. ( * #1) CONSENT AGENDA Items #5, 6, 7, 10, 11, 13, 16, 17, 18, 19, 20, 24, 25, 26, and 29 were added to the Consent Agenda. Jabbour moved, Kelley seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. (Agenda item #2 follows Public Comments.) APPROVAL OF MINUTES • ( * #3) REGULAR MEETING OF FEBRUARY 9, 1998 Jabbour moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of February 9, 1998. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS The Park Commission was not represented. PLANNING COMMISSION COMMENTS Commissioner McMillan had no comments at this time. LAKE MINNETONKA CONSERVATION DISTRICT Lili McMillan presented the Council with a LMCD update. She reviewed the information provided in the packet regarding an application submission by the LMCD for a $5 million grant from the LCMR for additional public boat accesses, water quality report conducted by John Barton, and the proposed personal watercraft legislation. is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23, 1998 (LMCD Report - Continued) • McMillan said discussions regarding the grant application have resulted in an understanding that city governments are to be consulted and involved in the review and approval process of any proposed public access site. The DNR is in agreement. McMillan noted that the Maxwell Bay public access is being used as a model for future access points. The grant money outcome will be determined this summer. The DNR is presently reviewing potential access sites. A Memorandum of Understanding between the DNR and LMCD was created with the assistance of Mayor Jabbour. McMillan said the mayors of the lake cities were informed of this matter at their recent Mayors Breakfast Meeting. Kelley was informed by McMillan that the chances of getting the grant will be decided in part by whether an access site has been determined. Jabbour said there is $30 million in grant money available and $500 million in requests made for the grant money. Goetten questioned why the change in leadership regarding the grant money requested by the LMCD. McMilIan said the LMCD is working with the DNR. It is her hope that the DNR oversees the grant. Goetten was informed that the LMCD took the lead in applying for the grant money. McMillan said the LMCD is only to check on the site from a surface water point of view. She feels city involvement will be helpful. Jabbour indicated that the grant submission was approved at the LMCD meeting without notification of the cities. He understood two sites were being considered and asked that the LMCD involve the particular cities, which did not occur. Jabbour said he informed the cities of what was happening. Jabbour said the DNR then withdrew their application. The cities felt public input was important for the process but decided to move forward with the application with guidelines developed. Jabbour said the DNR Trails and Waterways have accepted the position taken by the cities. Jabbour said the grant money would be distributed in 1999. Unanimous approval was given for submission of the grant application. It will be reviewed at the May meeting of the LMCD. Jabbour said he attempted to include the LMOA, who felt it is easier to control the influx of exotic plants by limiting the number of access points. McMillan said the process was to be followed that was developed by the Lake Access Task Force. McMillan said she would keep the Council updated. The goal is to provide a quality access point. CJ MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23, 1998 • (LMCD Report - Continued) McMillan reviewed the water quality report. This is the third year that Hennepin Parks has tested the lake water. Poor water quality was mainly found in the western bays of the lake, which tend to be shallower. Phosphorus exists in these bays. McMillan said she would like to know how the phosphorus initially became present in the water. She noted that the chloride content, which is the salt level, was found in high quantities in Wayzata Bay. McMillan said Barton reported that salt content is important to the stormwater management as the lake water will not turn over properly if it is too salty. McMillan felt the testing was important and water quality should be monitored closely. McMillan reported that the LMCD wrote a letter regarding the pending legislation on personal watercraft. McMillan said the ban of personal watercraft in lakes of less than 200 acres does not solve the problems for Lake Minnetonka with its many bays that are also small in size. She did not believe the approach being taken was necessarily the correct one. She felt education and licensing were important. Jabbour said the Board now understands the importance of licensing, which is not available at this time. He reported having asked Senator Gen Olson to spearhead legislation for licensing for the metro area. Kelley clarified with Jabbour that his desire is to have all operators of boats be licensed. Jabbour confirmed that citing examples of • where problems have occurred. PUBLIC COMMENTS There were no public comments. ( #2) ADVANCE REFUNDING OF CITY FACILITIES BONDS - RESOLUTION NO. 4032 CALLING FOR BOND SALE Carolyn Drude, the City's bond consultant, reported that the 1991 Public Facilities Revenue Bonds have been reviewed and found to qualify for a "crossover advance" refunding at this time. She clarified what this means noting the bond issue has a call date and several options are available for refinancing. There is a time period in advance of the call date where bonds can be replaced with new bonds. The money is placed in escrow and interest is paid from that account on the new bonds until that call date. Drude reviewed the Exhibits 1.00, 2.00, 3.00, and 4.00 of her report. She noted the principal amount in Exhibit 2.00 is higher due to issuance costs and underwriters cost. Drude explained the savings noted in Exhibit 3.00. Drude said Minnesota law requires that the debt service savings for a crossover advance refunding be at least 3.00% on a • present value basis. She has computed the City's savings to be 4.20 %. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23, 1998 ( #2 - Advance Refunding of City Facilities Bonds - Continued) • Jabbour noted the bond is an HRA Bond. He asked if there would be any savings for the City if they accumulate this bond with others, such as those used for sewering projects. Drude said the financing needs to be separated but if done within a short period of time, there would be savings on some fees as some information would remain the same. In response to a question from Kelley, Drude explained how the process works. The $2.4 million in cash would be placed in escrow. She recommended the escrow be invested in SLGS and issued to coincide with the payment date and carrying the maximum interest rates available at that time. Kelley was informed that the money in escrow would be invested with an interest rate similar to that of the bonds. Drude reviewed the process taken for making this decision. Bids are taken and rates are calculated and reviewed by a CPA and Bond Counsel. The escrow agent used is the City's decision but would be a major bank. Drude indicated the rates are locked in when the award is made. Moorse indicated the HRA has to take action on March 23 along with the Council. Jabbour asked Drude if she felt this action was appropriate. Drude said she would inform the Council if any changes occur in interest rates prior to the bid date. If so, the matter can be placed on hold. Drude indicated that if the sale was held and bids were rejected, the only cost incurred would be that from Moody Investors Service of 60% of the cost or • about $2500. Drude said she would not recommend the refunding if the present value savings were barely over 3% but feels the 4% savings is respectable. She noted that it is impossible to determine what will occur to the interest rates in the future. Council agreed to move forward with the advance refunding of the City facilities' bond sale. Jabbour asked Staff to review what other bonds are being considered for possible savings. Kelley moved, Goetten seconded, to adopt Resolution No. 4032 calling for an advance refunding bond sale of the HRA City facilities' bonds on March 23, 1998. Vote: Ayes 4, Nays 0. ZONING ADMINISTRATOR'S REPORT ( #4) #2290 ELAINE AND STEVE SILUS, 3225 CASCO CIRCLE - CONDITIONAL USE PERMIT TO GRADE WITHIN 5' OF THE SOUTH PROPERTY LINE TO ALLOW A DRIVEWAY AND RETAINING WALL The Applicants were present. 4 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23, 1998 • (94 - #2290 Elaine and Steve Silus - Continued) Gappa reported that the application for conditional use permit is for grading within 5' of the property line for placement of a retaining wall 2' from the property line. Photographs taken during construction were distributed. Vehicles would have a 23' approach to the side loading garage at the 5' setback; 26' would be available if the retaining wall was allowed. Gappa reviewed the background of the application. A variance were granted in March, 1997 for lot width. The approved plans showed the driveway within 2' of the property line but with no grading being required or retaining wall. Gappa indicated that the City's topographical maps were used in producing the elevation drawings instead of a survey. A plan including a boulder retaining wall was later approved by the building official. This plan was not checked against the original approved plan, and the building official was not informed of the change in the plans. Work began and, during the footing inspection, the building inspector noted the 5' elevation change between the ground and garage. The garage was subsequently lowered 2' by the contractor. The contractor was informed that retaining walls must be 5' from any property line. In September, the Planning Commission reviewed the application for conditional use permit for the retaining wall. The Commission asked that the boulder wail be changed to a modular block wall and recommended the wall be moved from T to 5' from the • property line. The application was tabled at the November meeting for further review. The Commission unanimously recommended denial of the CUP in January indicating that other design options were available to the applicant and the wall would have an adverse effect on the neighboring property. The draft resolution was prepared based on this recommendation. Gappa reviewed the standards, #1 through 3 in the packet, for a conditional use permit. The denial resolution is based on the adverse impact to the neighbor and non - conformity with zoning code. Steve Silus said the builder indicated he was not notified that the retaining wall had to be 5' from the property line. Silus noted that this information is secondhand as he was not involved in the conversation. Silus said the builder did admit that he was unaware of the ordinance. Silus, in noting his attempt to be honest, presented options available. He questioned why there were no complaints heard during the time period from October, 1996, to June, 1997. He referenced his letter sent to the City included in the packet. Silus said the retaining wall is 24 -26" high at the garage and 32" at its highest. Silus said he is willing to remove the wail but indicated his only other option would be to maintain the driveway to the property line. He would like to satisfy the Council and neighbors, the Spilseth's, and allow either option. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23, 1998 (#4 - #2290 Elaine and Steve Silus - Continued) . Jabbour reported that during his visit to the site, he asked the applicant to have another alternative available to the retaining wall. Jabbour said the neighbors are being affected. Silus responded that when the original plan was designed, it was shown to the neighbors, who did not voice any objection at that time. Gaffron commented that the neighbors signed an acknowledgment letter, which does not indicate their agreement to the plan. Silus countered that if there was an objection, it should have been voiced at that time. Silus felt with the error in the topographical map and T change in elevation, the issues should have been brought forward sooner. Jabbour confirmed with Silus that the plan design approved by the Council and Planning Commission did not include a retaining wall. The plan with the retaining wall was signed by the building inspector. Jabbour clarified that the applicant is able to have his driveway up to the property line. Silus said he would leave the decision to the neighbors on what option to follow, the retaining wall or driveway to the property line. Kelley asked if Silus has spoken with the Spilseths. Silus said the neighbors did not wish to communicate with him. Kelley referenced the comment by the Spilseths in their letter regarding concern with snow removal. Kelley felt this issue could be resolved. Silus said there has been no problem in the past with snow removal and was not presented as an issue until the retaining wall objection arose. He noted this issue was discussed at the Planning Commission. • Jabbour questioned where the City's position currently lays. He noted that Lyle Oman signed the site plan with changes that had not received approval. Vang confirmed that Oman missed the detail of the boulder retaining wall in the plan. Vang noted no distance was shown for the retaining wall from the property line either. Silus said it was not shown as he was unaware of the 5' setback requirement. Vang said the builder was informed of the 5' setback at the time the footings were laid. Jabbour asked that such information be presented in writing in the future. This would enable an applicant to be placed on notice immediately. Goetten suggested information should be given to applicants notifying them that any changes to plans would trigger further review. Vang indicated that their department is considering the need for plans to be signed by all involved staff. 0 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23, 1998 • (#4 - #2290 Elaine and Steve Silus - Continued) Peterson asked if the garage was built up higher from the original plans. Vang said the change in elevation occurred because of the use of the aerial, topographical maps instead of being done by a surveyor on site. Vang said discussions were held on site regarding the problems. The builder was informed that retaining walls higher than 4' are not allowed and cannot be nearer than 5' to the property line. The applicant then took action to drop the garage elevation so any retaining wall would be less than 4' high. Vang said the builder does not remember the remainder of the conversation regarding the 5' setback. Vang said it was suggested at the time of framing that the garage be changed to a front - load. He was informed at that time the applicant preferred the side- loading garage. Silus said he was not personally informed of the 5' setback requirement for the retaining wall. He said he is not in the position to change the entry into the garage at this time, adding that the opportunity to make that change has passed. Vang informed the Council that the Planning Department has incorporated the policy of requiring both the homeowner and builder be on site to discuss any conflicts that arise. Jabbour said it should also be in writing. Pat Spilseth reported that the applicant was told from the beginning of the application process that the garage should be front loading. She indicated this would be similar to • other homes on Casco Circle. Spilseth noted the small lot sizes in the area. Spilseth said she had never seen the elevation drawings before. She also noted that letters of concern were sent in by many of the neighbors. Jabbour said it would help if the applicant and neighbors met to discuss the alternatives. He felt the decision should not be made by the Council. It was noted that a front loading garage door would require the removal of a large tree. Jabbour confirmed with Barrett that the approval or denied of the application must be completed within a 60 -day time period. Jabbour said the applicant would not be able to bring the issue forward again for six months if the application was now denied. Spilseth said she was unaware that the option existed for front loading doors with the removal of a tree. Silus said that was not an option that he would explore. Jabbour noted the two options available. Silus indicated the retaining wall tapers from 0" at the garage to 2 -1/2' at its highest elevation. Jabbour asked if the driveway can be elevated without requiring retaining walls. Vang said no. Peterson asked what the slope of the driveway would be without a retaining wall. Vang said the maximum slope would be at 12% where 10% is normally allowed. n �J MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23, 1998 (#4 - #2290 Elaine and Steve Silus - Continued) • Kelley indicated he would be concerned with water flowage off the slope to the south. Vang indicated that a swale would be required. Kelley indicated the water flow would run quickly through the swale onto the property. Kelley suggested to Spilseth that it may not be to her best interest to have a sloping driveway neighboring her property as it may not catch all the water. He suggested that plantings could be used to screen the retaining wall if the neighbor does not like the look of it. Kelley said the neighbor and applicant need to work through the problem. Spilseth said the properties have always been at the same elevation. She does not feel she should have been placed in this position. Jabbour acknowledged her concern but said the City would like her input. Problems with delaying any action were noted if the application was denied. Jabbour asked Silus for permission to table the application in order to allow the applicant and neighbors to meet to resolve the issues. Silus gave his consent. Jabbour said Staff would be willing to review the options with the Spilseths. Barrett indicated that since Silus has given his oral agreement to tabling the application, the City can prepare a letter for Silus' signature indicating this agreement. Goetten moved, Peterson seconded, to table Application 2290. Vote: Ayes 4, Nays 0. ( * #5) #2312 CLAUS WEILER AND RENEE MEERKINS, 1135 NORTH ARM • DRIVE - VARIANCES /CONDITIONAL USE PERMIT - RESOLUTION NO. 4033 Jabbour moved, Kelley seconded, to adopt Resolution No. 4033. Vote: Ayes 4, Nays 0. ( * #6) #2316 MIKE HILBELINK, HAVING AN INTEREST IN 120 GOLDEN VIEW DRIVE - CLASS III FINAL SUBDIVISION - RESOLUTION NO. 4034 Jabbour moved, Kelley seconded, to adopt Resolution No. 4034. Vote: Ayes 4, Nays 0. ( * #7) #2320 MITCHELL AND ASTA GERSOVITZ, 3650 CASCO AVENUE - VARIANCE - RESOLUTION NO. 4035 Jabbour moved, Kelley seconded, to adopt Resolution No. 4035. Vote: Ayes 4, Nays 0. (Agenda items #8 and 9 follow item #12 as agreed to by Applicant, John O'Sullivan.) ( #12) #2342 MARK L. CASEY, 255 LANDMARK DRIVE - CONDITIONAL USE PERMIT/VARIANCE - RESOLUTION NO. 4038 The Applicant was present. • MINUTES OF THE REGULAR ORONO CITY COUNCIL :viEF,' 11 jG IIL` LTu GN FEBRUARY GJ, i995 • ( 412 - #2342 Mark Casey - Continued) Jabbour proposed the applicant be refunded his application fee due to the Council's intent to consider an ordinance for administrative approval of small amounts of excavation. Council agreed this would be appropriate. Jabbour moved, Kelley seconded, to approve Resolution No. 4038 and instruct Staff to refund the application tee. Staff was instructed to amend the ordinance to allow administrative approval of excavation up to 5 cubic yards. Gaffron said the amendment to the ordinance would be drafted for presentation at a pubiic nearing. Vote: Ayes 4, Nays 0. Casey extended his appreciation of the work done by the Council. ( #8) #2326 ORONO DEVELOPMENT, LLC, 2380 SHADYWOOD ROAD - VARIANCE /COMMERCIAL SITE PLAN REVIEW Tom Dillon, John O'Sullivan, and Mike Sepena were present. • Gaffron reported that the proposal is for a combined office /retail building including a bank with a drive - through and office space. Variances are required for 500 -1000' zone hardcover, parking setback from front lot line, and building facade material. The property is a conforming site in the B -5 District. 0 Gaffron reported there were a number of issues reviewed by the Planning Commission. He reviewed the site plan. The traffic flow is proposed to be in a counter - clockwise circulation. Access is near the intersection of CoRds 15 and 19. Hennepin County Public Works and the Planning Commission are satisfied with the access and recommended two access points to the property. Gaffron said, while Staff does not disagree, an issue was raised at the time of the Culver's application regarding the access. The curb cut distance requirement from the intersection is met, but the City Engineer had voiced concern at it may become a problem in the future, particularly if a full right turn is added at the intersection. Gaffron noted the applicant has addressed many of the comments made by the City_ Engineer and Planning Consultant, Wally Case. Suggestions were made by the Planning Commission resulting in a revised plan. Gaflron reviewed the 5 recommendations made as noted on page 2 of the memo. The Commission recommended a 5' variance instead of the requested 15' variance for front parking setback. They would like to see more green space along Shadywood. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23, 1998 ( #8 - #2326 Orono Development - Continued) . Jabbour asked about the public easement for the pedestrian connection to Olive Avenue. Gaffron noted the conceptual approval for vacation of a portion of Navarre Lane required public easements for a trail connection. It was concluded that a pedestrian trail would not be appropriate but a walking path would travel across the parking lot from Olive Avenue to the sidewalk. Gaffron questioned whether a public easement should be taken, noting the question would arise of who would maintain it. Gaffron said the Planning Commission's primary concern was for the front parking setback along Shadywood. Gaffron reviewed the specific problems in changing the setback resulting from the difficult site, stormwater ponding, retaining wall, and driving lane for drive - through exit and rear deliveries. The applicants feel the building depth is at its optimum. The two rows of parking are necessary. While the Planning Commission asked that the plan be reviewed to see if an additional 10' could be found for the setback, they were otherwise satisfied with the revised plan. Gaffron reviewed the topics discussed at the Planning Commission level. Grading and drainage plan indicates grading within 5' of the property line. The plan was reviewed by the adjacent property owner to the north The slope along the north lot line has been flattened to a 2:1 ratio and the building raised in order to accomplish this resulting in a 4% maximum slope for the parking lot as recommended by the City Engineer. Gaffron indicated follow -up is necessary for the conceptual vacation of Navarre Lane, which can • be accomplished in the resolution draft. The remaining concern is again with the 5' front setback and its impact on the future look of the Navarre area. Tom Dillon said the building was a one -story design with a brick base and cedar shake s above with four entry points. The building is designed for 6 -7 tenants. The plan calls for a bank building of 4500 s.f. with corporate bank offices. The pitched roof will be of asphalt shingling. There will be three driving lanes to the rear for traffic circulation, drive- through access, and deliveries. The building includes many windows to allow for light to flow into the building. Dillon believes the building design and materials will compliment the lake area. He has received good comments from the tenants and neighbors. Dillon reported that the elevation changes on the site from 942 to 970. The site is hemmed in by the pond, which will be upgraded to handle runoff for the two sites. The parking stalls are 9'x20'. There will be a 20' driving lane and double loading to allow for drive- through traffic and deliveries. The 8' -12' high retaining wall will aid in handling the change in grade. Room is required to accommodate this change in grade effectively. Dillon noted the trash enclosure is located outside and would be screened. All of the existing trees will be removed. Dillon said they have worked closely with Staff and consultants to address issues of concern. Possible outdoor seating area will be provided in the front to gain a neighborhood feel. 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23, 1998 • ( #8 - #2326 Orono Development - Continued) - Jabbour asked Staffs opinion on the 5' parking setback. He questioned if there was any other commercial district where a 20' setback exists. He asked if the 20' setback was reasonable. Gaffron said there are likely no commercial properties with a full 20' setback. Gaffron said he has concluded, however, that to gain the setback it must be obtained now. Gaffron said the Planning Commission has recommended a 15' setback. Jabbour noted the many standards being required today that reduce useable site area, citing the example of ponding. He indicated priorities have to be reviewed. Gaffron noted the code suggests the importance of reviewing the visual aspect of the site. He is also concerned if the county road is widened in the future, with the City sidewalk abutting the property and only 5' of green space, road expansion could be up to the parking space. Gaffron agreed with Jabbour that it may be an issue of policy. Moorse was of the opinion that it would be difficult to grow any grass or shrubbery within the 5' of green space. Goetten asked what effect the Planning Commission recommendation would have on parking. Gaffron indicated the plan would not be feasible if a row of parking was eliminated. • Gaffron said the initial reaction was to make the building less deep. Dillon said the options were reviewed. The building had originally been proposed at a much larger size. He indicated the bumpouts for trees on the front of the building did not satisfy the Planning Commission. Dillon said the building depth was standard as well as the parking space. The 20' drive clearance to the rear is necessary to handle the traffic flow. 0 John O'Sullivan said his adjacent property has a 5' green space. He has been able.to maintain a hedge with flower gardens each year. He also referenced the additional landscaping planned around the building. Dillon said green space is provided at the corner of CoRds 15 and 19 as well as surrounding the pond area. Dillon indicated the vacated portion of Navarre Lane could be an area for additional green space. Kelley asked if there would be a railing on the retaining wall. Mike Sepena, the building contractor, informed Kelley that the highest point of the wall is 14'. A condition of the Planning Commission review was the placement of a fence along the wall. The type of fencing has not yet been studied. Kelley indicated the need to create a pleasant view and a safe environment. Kelley was informed that a substantial amount of fill would be brought onto the property. The amount was not known. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23, 1998 ( #8 - #2326 Orono Development - Continued) . Kelley asked about drainage. He noted the pond elevation is lower than that of the building. He was informed that tiling would be installed underground to collect the water and transport it to the pond. Sepena indicated where the piping would be located. Kelley asked about lighting. He is concerned with its impact on the neighboring properties. Gaffron displayed the lighting plan. Dillon said they would work with Staff to satisfy the needs of the businesses and neighborhood. Kelley asked that directional lighting be used to reflect away from the neighbors. Kelley was informed that while their insurance company may desire exterior lighting 24 hours a day, the issue would be studied. Dillon noted that the expense of lighting is also a concern. Dillon indicated the light choices made meet standard requirements. Sepena showed the locations of the four light poles on the site plan. Additional lights would be placed over the doorways. Kelley asked what type of poles would be used for the lighting. He was informed that the style is a 20' shoebox with a single head bulb. Kelley asked the applicant to consider putting the light pole indicated on the other side of the building and angle it towards the building to shelter the light away from the residential area. Dillon agreed to study the lighting issue noting the same concerns were expressed at the Planning Commission level. Kelley asked the hours of operation. Dillon said the bank would have typical banking hours. The coffee shop would open around 6:30 -7:00 a.m. and close between 10 -11:00 . p.m. The bagel shop would open somewhat later. There would be limited hours of operation on Sundays. Kelley asked if the applicant would allow a 24 hour operation. Dillon said he did not believe that type of business would be attracted to this site. Kelley asked about snow storage. Dillon said some snow could be moved to the pond area but the majority would be hauled off site. Jabbour indicated that the landscape architect asked that the applicant proceed carefully with their lighting plan. Jabbour asked if there was a glare ordinance on lighting. Gaffron said the ordinance requires that the source of the light not be visible outside of the property. He believed the shoe -box style would address that concern. Peterson said she continued to have reservations about the minimal parking setback. Goetten said she appreciated the concerns for a possible upgrade of CoRd 19 in the future but was concerned with the loss of parking if the Planning Commission recommendation was approved. Peterson noted the amount of parking cannot be reduced. Gaffron indicated the parking allotment was three spaces over the requirement. He saw no area where the driving space could be reduced. A change in parking would change the marketability of the building and require a totally new set of plans. Jabbour said a plan for a taller building would not be preferred. 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23, 1998 ( #8 - #2326 Orono Development - Continued) Kelley asked what the elevation difference was between the driving lane and the gas station. Sepena said the difference was about 3'. Jabbour did not believe the green space along the parking to the rear could be reduced. Goetten said she would like to see improvements made in Navarre and supported the development. Goetten based her support of the 5' setback on the importance of providing the parking space required. She felt any improvements to CoRd 19 would likely be far in the future. Cook suggested a possible reduction in the green space by the retaining wall. However, the retaining wall would have to be designed stronger to accommodate the reduction resulting in a costly expense to the applicant. Gaffron noted that the applicant has been requested to design the area to include green space in order to disguise the retaining wall. Sepena added that any reduction in green space would add to the height of the retaining wall as there would be less area to accommodate the slope of the land. Jabbour said he felt it was a good project and agreed with concerns and opinions given. Peterson asked if there were other B -5 District areas affected by this front parking • setback. Gaffron showed the three B -5 locations. There is also a 20' setback requirement for the B -1 District located across the street from the subject property. Peterson asked if any of the properties have a 20' setback. Gaffron noted that Lowells Auto Parts approached the 20' requirement, other sites probably did not. Barrett asked how a building material facade variance can be accomplished. He asked what the hardship would be for the variance. Gaffron read the code. It stipulated that building material could be approved by Council. He said it could be argued that a variance was not necessary if Council approval was granted. Kelley moved, Goetten seconded, to approve Application #2326 for commercial site plan review and variances for 500 -1000' zone hardcover and parking setback. The building material as indicated is approved by Council and falls within the stated code section. Staff was directed to draft the resolution detailing all conditions and findings for presentation at the March 9 Council meeting. Staff was directed to follow through on the vacation of Navarre Lane. Vote: Ayes 3, Nays 1, Peterson. • 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23, 1998 ( #9) #2327 ORONO DEVELOPMENT, LLC - ZONING CODE AMENDMENT, B -5, CONDITIONAL USES • Gaffron indicated that the zoning code amendment is in conjunction with agenda item 98. The amendment requested was for allowing as a conditional use in the B -5 district three specific uses: 1) coffee shop, 2) bagel shop, and 3) pizza. Gaffron indicated that each of these are typical of restaurants but do not fit into the two categories of restaurants in the code. He noted that the B -5 code includes a Dairy Queen. The Planning Commission recommended 4:1 to include bagel and coffee shops in the B -5. They did not recommend the pizza restaurant due to the odors it generally emits, hours of operations, and general potential problems with the business. The applicant agreed to amend their application to exclude the pizza restaurant. The dissenting Commission vote was based on an opinion that restaurants are not appropriate in the B -5. Gaffron said if the Council agrees with the coffee and bagel shops as appropriate uses, Staff should be directed to draft a zoning code amendment to include conditions to keep the nature of the uses at a level commensurate with the B -5 district. Such conditions might include the restaurant not being the primary tenant, and Gaffron suggested a limited percentage of building space be allowed for the coffee and bagel use. Goetten, Peterson, and Kelley felt the uses were appropriate to the district as a conditional use. Barrett asked for applicant's agreement to extend the time allotment of the application in is order for the amendment process to occur. A letter of agreement is to be submitted. Dillon agreed to tabling the application clarifying that the resolution draft could not occur without the amendment of the code. Jabbour asked the record show that the applicant authorized the City to table the application. Peterson moved, Goetten seconded, to table Application #2327. Vote: Ayes 4, Nays 0. Goetten moved, Peterson seconded, to direct Staff to draft language to amend the code to accommodate the coffee shop and bagel shop use as a conditional use in the B -5 District. Vote: Ayes 4, Nays 0. ( * #10) #2334 LECY CONSTRUCTION FOR JEFF JACOBSEN, 127 CHEVY CHASE DRIVE - VARIANCE - RESOLUTION NO. 4036 Jabbour moved, Kelley seconded, to adopt Resolution No. 4036. Vote: Ayes 4, Nays 0. (- #11) #2337 SCOTT YOUNG, 3359 CRYSTAL BAY ROAD - VARIANCES - RESOLUTION NO. 4037 Jabbour moved, Kelley seconded, to adopt Resolution No. 4037. Vote: Ayes 4, Nays 0. 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23, 1998 MAYOR/COUNCIL REPORT Kelley said he met with the Long Lake Fire Commission along with Moorse and representatives of Long Lake and Medina regarding the needs of the fire department. They also discussed the formula for allocating costs. It was decided to leave the discussion of that topic to the City Administrators. He noted the importance of being aware of the cost of a new fire barn, which he believes would be significant. Kelley said he spoke with Chief Brown about the problems with providing emergency services to properties with narrow private drives. He felt standards should be established for new private drives, such as how close a large tree can be to a drive. Kelley said with the difficulty in obtaining access to such properties, the Council needs to consider this when reviewing new development. Goetten reported having met with the Long Lake Highway 12 Steering Committee along with past -Mayor Callahan, Jim Murphy, and Ron Moorse. The plan was reviewed from east to west and discussion occurred regarding Long Lake's direction to Mn/DOT. Goetten said everyone supported the need to review the plans with the Long Lake Council. Goetten said another meeting will be held in the near future. Jabbour reported an excellent turnout at the Mayors Breakfast. The DNR was present along with the Trails and Waterways representative. Jabbour felt concerns were heard and the DNR respected the viewpoints represented. is Jabbour said he had planned to address the MCWD Board at their next meeting but their agenda was full. Moorse said a suggestion was made for Jabbour to attend the following MCWD meeting. 40 Goetten reported that the Orono Design Review Committee is scheduled to meet with the east and west neighborhood representatives and residents and will be drafting a report for submission to Mn/DOT. Kelley asked about the status of the pond on CoRd 6. Gaffron said the grading is being completed along with the outlet structure. The driveway and landscaping will be created next. Kelley asked the status of the CoRd 6 road improvement. Moorse said the project should occur sometime this summer. Jabbour said that was his understanding as well. He was unclear of the status of right -of -way acquisitions. Jabbour also noted that he was discussing the trail with Hennepin Parks representatives, who indicated they were diligently working on the Old Crystal Bay Road trail. He informed the County of the need for a second tunnel for the trail similar to the Spring Hill Golf Course tunnel. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23, 1998 ENGINEER REPORT • ( * #13) REPLACEMENT OF PLOW TRUCK Jabbour moved, Kelley seconded, to authorize the purchase of a replacement plow truck from Boyer Ford of Minneapolis for $42,079, and box and plow equipment from J -Craft of Kimball, Minnesota for $22,382.91. Funding to be from the 1998 Capital Outlay Budget. Vote: Ayes 4, Nays 0. ( #14) WINTER MAINTENANCE OF TRAILS Gappa indicated Staff was previously asked to look at options regarding winter maintenance of trails. He reviewed equipment used by Long Lake. The equipment costs about $35,000. Long Lake would be willing to plow the North Brown Road trail at a cost of $85 /per hour. It was estimated the plowing would take two hours each time. Kelley expressed his position regarding maintenance of trails. He felt that if the City does not plow the private roads, they should not be plowing trails. He felt private roads were higher on the list of priorities. Goetten said she did not support maintenance of trails. She said if one trail was maintained, all the trails would have to be maintained. Goetten noted that one of the people who requested the maintenance does not live in Orono. • Jabbour agreed with Kelley. He said the Council consciously decided that in order to gain their goals, they would need to partner with others. Hennepin Parks does not maintain their trails. Jabbour said a universal stance needs to be taken, and the City needs to yield to their policies or eliminate trails. Jabbour informed Gappa that the majority of the Council does not support maintenance of the trails. ( #15) SHORELINE DRIVE/HERITAGE DRIVE SANITARY SEWER PROJECT FEASIBILITY STUDY - RESOLUTION NO. 4039 Gappa reported that the proposed sewer project was explained to the residents at the neighborhood meeting. He noted that the project area if completely served, would require gravity systems and a lift station. The project would likely be split into three areas. The unit cost has been determined to be $19,100. The residents are split approximately in half regarding the desirability for sewer at this time. Gappa said the size of the project needs to be determined and a formal public hearing scheduled in order to move forward. The cost would be assessed 100 %. It was felt that the timing for the project should coincide with the improvements to Shoreline Drive. 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON FEBRUARY 23, 1998 • ( #15 - Shoreline Drive/Heritage Drive Sanitary Sewer Project - Continued) Kelley inquired about a property north of the subject area. Gaffron related the status of the properties. Jabbour felt residents of the area requesting sewer in the future should be required to pay 100% of the cost. He noted they would need to be informed of the higher interest costs in the future. Goetten asked what reasons were given for declining sewer at this time. Gappa said there were several new systems and others in good working order. Jabbour said he felt this would be the best time to assist the Head property with the provision of sewer if an agreement was obtained regarding limiting the property to two lots. This would be a separate project but done under the same bond. Gaffron noted it would require a lift station. Council agreed with Jabbour. Gappa indicated that this project could be done in correlation with the Edgewood Hills sewer project. Kelley felt the public hearing should be scheduled. • Peterson moved, Goetten seconded, to approve Resolution No. 4039 accepting the feasibility study for the Shoreline/Heritage sanitary sewer project and schedule a public hearing for 8:00 p.m. on Monday, March 23, 1998, at the regularly scheduled Council meeting. Vote: Ayes 4, Nays 0. is ( * #16) AMEND SEASONAL WEIGHT RESTRICTIONS - RESOLUTION NO. 4040 Jabbour moved, Kelley seconded, to adopt Resolution No. 4040 on axle weight for Orono City streets. Vote: Ayes 4, Nays 0. ( * #17) HIGHWAY 12 /0LD CRYSTAL BAY ROAD TRAFFIC SIGNAL MODIFICATIONS Jabbour moved, Kelley seconded, to approve proposed improvements to the Old Crystal Bay Road/TH 12 signal including southbound to eastbound left turn arrow and new LED red indications at an estimated cost of $5,500 with Municipal State Aid funding. Vote: Ayes 4, Nays 0. 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23,1998 ( 418) CHANGE ORDER NO. 8 - NORTH LONG LAKE/LONG LAKE • COUNTRY CLUB SEWER PROJECT Jabbour moved, Kelley seconded, to approve Change Order No. 8, North Long Lake/Long Lake Country Club Sanitary Sewer project, in the amount of $8,354.00. Vote: Ayes 4, Nays 0. ( * #19) REQUEST FOR PAYMENT NO.7 - NORTH LONG LAKE/LONG LAKE COUNTRY CLUB SEWER PROJECT Jabbour moved, Kelley seconded, to approve Request for Payment No. 7, North Long Lake Sanitary Sewer Project to Barbarossa & Sons in the amount of $69,632.38. Vote: Ayes 4, Nays 0. ( * #20) REQUEST FOR PAYMENT #6 - BAY RIDGEBRACKETTS POINT SEWER PROJECT Jabbour moved, Kelley seconded, to approve Request for Payment No. 6, Bracketts Point/Bay Ridge Sanitary Sewer Project to Barbarossa & Sons in the amount of $8,899.60. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT ( #21) 1998 ENGINEER FEES • Moorse reported that the request is for approval of the engineering fees for 1998. Kelley asked what the 4 % increase for 1998 included. Cook said the amount was $60,000 for general engineering. Jabbour said the amount is confusing as it does not include the water plant and sewer projects. Kelley asked what percent of the 1998 fees were not approved. Moorse said about $15,000- 20,000 was for non - applications. Kelley clarified that the engineering fees for sewer projects was not recouped but assessed and bonded. Kelley moved, Goetten seconded, to approve the 1998 fee schedule for services provided by the City's consultant engineer. Vote: Ayes 4, Nays 0. ( #22) HIGHWAY 12 LAND USE CONCEPT POLICY - RESOLUTION NO. 4041 Moorse reported that a general concept plan for land use along Highway 12 was reviewed at the work session. Staff was asked to draft a resolution reflecting the Council consensus. 18 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23, 1995 • ( 922 - Highway 12 Land Use Concept Policy - Continued) Kelley indicated his absence at that meeting but agreed with the Council recommendation, especially with the need to coordinate with the City of Long Lake. He felt this reflects the City's desire to work with and cooperate with the City of Long Lake. He asked if the CoRd 6/Hwy 12 area should remain residential. Jabbour informed Kelley that was the intention and will be reflected in the Comprehensive Plan update. Goetten said the area noted by Kelley was not included as the Council was concentrating on one area. Jabbour asked Gaffron if Staff understood the Council's views. Gaffron said he believed so and would consult with Moorse. Moorse said language could be added noting the area north of CoRd 6 and Hwy 12 remain residential. Goetten questioned how this area is affected by the new proposed highway. Jabbour suggested the plan be passed as presented to enable discussions with Council Member Flint. He noted the language could be added later if need be. The information is to aid developers who have questions regarding properties along Highway 12. Kelley clarified that the area between Kelley Parkway and Hwy 12 is medical/office, then • medium density housing north of that area, and single family beyond that. Council agreed. Goetten noted the Highway 12 Design Review Committee conveyed this concept plan to the Long Lake Highway 12 Steering Committee. Moorse said he did not see the corner of Old Crystal Bay Road and Hwy 12 as being retail but unclear what it will become. The leaning at this time is towards high - technology and light industrial. Kelley noted the need to keep lighting to a minimum. Goetten moved, Peterson seconded, to approve the adoption of Resolution No. 4041 reflecting the Council consensus regarding the Council's vision for development along Highway 12. Kelley noted this motion does not bind the future Council's but given for Staffs use and direction. Moorse indicated that the Comprehensive Plan amendment public input process will have to be followed when the Comprehensive Plan is amended regarding the Highway 12 land use. Vote: Ayes 4, Nays 0. is 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL ' MEETING HELD ON FEBRUARY 23, 1998 ( #23) PARK DEDICATION ORDINANCE AMENDMENT - UPDATE • Moorse updated Council on the park dedication ordinance draft, which is being brought forward to address items related to the cap on the amount of park dedication. Three additional changes to the ordinance were cited and reviewed by Moorse as noted in the memorandum. Moorse said the changes were discussed with the City Planner and City Attorney, and it appears that these changes can occur. Jabbour asked if the amendment satisfied City Attorney Barrett. Barrett said the amendment is an improvement but he has yet to review it completely. Goetten asked when the final draft would be available. Moorse said it would be completed by the end of the weep for presentation at the next Planning Commission meeting as a zoning change. Staff was authorized to proceed to draft the amended park dedication ordinance as outlined. ( * #24) PARK PLAN ELEMENT OF COMPREHENSIVE PLAN - CONCEPTUAL CHANGES - RESOLUTION NO. 4042 Jabbour moved, Kelley seconded, to adopt Resolution No. 4042 reflecting the consensus of the Council that the parks element of the City's Comprehensive Plan be amended to • reflect the need to acquire additional park land in both the urban and rural areas of the City. Vote: Ayes 4, Nays 0. ( * #25) RESIGNATION OF IRVING ENGLISH FROM POLICE OFFICER POSITION Jabbour moved, Kelley seconded, to accept the resignation of Irving English from his Police Officer position, effective Match 1, 1998. Vote: Ayes 4, Nays 0. ( * #26) APPOINTMENT OF STEVE MCNALLY TO FULL -TIME POLICE OFFICER POSITION Jabbour moved, Kelley seconded, to approve the hiring of Steven McNally for the position of full -time police officer, effective March 2, 1998, at the first year salary level of $2,926.72 per month ($16.89/hourly), with benefits. Vote: Ayes 4, Nays 0. ( #27) APPOINTMENT OF CHRIS FISCHER TO PART -TIME POLICE OFFICER POSITION Peterson questioned how the employment change would affect the agreement recently made for animal control services with neighboring cities. Moorse said Chris Fischer would remain in the CSO position until the position is filled. • 20 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON FEBRUARY 23,1998 . ( #27 - Police Officer Appointment - Continued) Jabbour asked Moorse to inform Planning Intern Bressler that he is doing an exceptional job for the City. Peterson moved, Goetten seconded, to approve the hiring of Christopher Fischer as a part-time police officer with an hourly rate of $11.89 per hour. Vote: Ayes 4, Nays 0. ( #28) SCHEDULING OF A COUNCIL WORK SESSION A work session was scheduled for March 12 at 8:00 a.m. Kelley suggested a joint meeting with the Long Lake City Council. He asked Moorse to send the resolution regarding the Highway 12 land use to Long Lake. Moorse said he would review the meeting date with Long Lake. Moorse noted that he has met with Brook Park Realty regarding their subdivision application. An attempt is being made to develop a plan that would satisfy the City. Jabbour suggested the plan be presented at a Council meeting. ( * #29) REQUEST FOR DISPOSAL OF OLD SQUAD CARS Jabbour moved, Kelley seconded, to approve the sale of squad cars as noted in the memorandum to highest bidders as per City ordinance. Vote: Ayes 4, Nays 0. ( #30) CONCEPTUAL APPROVAL OF HENNEPIN COUNTY ELECTION EQUIPMENT PURCHASE Moorse reported that conceptual approval is required to enable Hennepin County to purchase new election equipment. The equipment will aid in transmission of election results. The equipment will be paid for by the County, and the City will enter into a maintenance agreement with the County. Council agreed to conceptually approve the general concept of Hennepin County purchase of new election equipment. Jabbour asked Moorse to inform the public that the only notice received for land. use applications is for the Planning Commission public hearing. The public needs to follow the process forward to the Council level. Gaffron suggested this occur when the initial notification is sent and included on the agenda at the meeting. Jabbour also noted the need to maintain the 60-day ruling for application completion. 21 MINUTES OF THE REGULAR ORONO CITY COUNCIL ' MEETING HELD ON FEBRUARY 23,1998 CITY ATTORNEY'S REPORT • City Attorney Barrett reported that a favorable decision was reached for the cities in the MPRS litigation. This occurred at the Appellate Court level. (* #31) LICENSES Jabbour moved, Kelley seconded, to approve the following licenses: Vote: Ayes 4, Nays 0. Residential Kennel License Special Event Permit (432) BILLS Rene' & Patricia Sternau 440 North Arm Drive Clyde Gates Foot Race on Luce Line April 18, 1998, 8:30 am -10:30 am Jabbour moved, Kelley seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT Mayor Jabbour adjourned the meeting at 10:20 p.m. 1 r ATTEST: Lin ee, City Clerk i Gabri Jabbour, Mayor 22 •