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HomeMy WebLinkAbout04-27-1998 Council Minutes• F ORONO CITY COUNCIL MEETING • MINUTES FOR APRIL 27,1998 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, 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, City Engineer Tom Kellogg and Recorder Lin Vee. Mayor Jabbour called the meeting to order at 7:00 p.m. ( #1) CONSENT AGENDA Item #2 was removed from the Consent Agenda. Items #5, 6 and 11 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 APRIL 13,1998 • Flint requested a change in Item #9 concerning Brook Park Realty. Flint stated that he had requested that there be a tolling of any dates that might be running during this period of time. Mr. Keane, the applicant's attorney, agreed that there would be a tolling of dates during this time, i.e. that no dates would run against either the developer or the City during that period of time. Flint moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of April 13, 1998 as amended. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Commissioner Sherokee Ilse reported on the March for Parks event. There was great cooperation from the sponsors and staff. Approximately $500 was raised with about 30 people participating., including some Orono City Council members. Most of the participants were from the Environmental School with a few from Mound and Long Lake. Goetten commented that the event was well organized. There was a large number of sponsors with much good will shared. Volunteers were stationed along the Luce Line who encouraged those who weren't already participating in the March for Parks to support the area's parks. 0 1 - ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 27,1998 LAKE MINNETONKA CONSERVATION DISTRICT - LILI MCMILLAN, REPRESENTATIVE McMillan reported that the LMCD Board voted 9 to 5 to allow the temporary docks to stay at Sailors World. This was a surprise since at last year's July meeting the Board told Mr. DeSantis to be prepared to lose the 10 docks. McMillan stated it is difficult to interpret the LMCD codes and much time is spent in interpretation. This de- emphasizes other activities more important to protecting the lake. She expressed her frustration and concern about what the organization is trying to do. 0 Jabbour responded that there were several things he had asked the Board to do before Orono sent a representative, including: 1) recodify their ordinances since only two people really understood it, and 2) refocus on conservation of Lake Minnetonka. He was also concerned with the amount of time spent on one particular dock in Mound. He questioned why several Board members were participating as they had not even reviewed their packets. Orono has 40% of the lakeshore and should have a proportionate amount to say about decisions. He was concerned about the liability of Orono participating in this organization. He cited an incident where a member of the LMCD Board had a personal application for his own dock in which he participated in the discussions and • voted. In another instance, there was litigation about one of the Board members. After an Executive Session concerning this, one of the Board members came out of the meeting and told of the discussion that had taken place. McMillan expressed her appreciation for Jabbour's support when a personal attack was directed at her by a Board member. It appears the Board is not working as a group for the good of the lake. However, she does not believe the LMCD should be dismantled, but should deal less with code and more with conservation issues facing the lake. Jabbour asked McMillan if there were any conservation projects planned. McMillan responded that a water management sub - committee was formed, but only 2 or 3 people came to the meetings. Goetten noted that low participation has been a problem for some time, even when JoEllen Hurr was a representative. She thought it was unfortunate that members were appointed and were then unwilling to work. McMillan thought some radical changes should be made to the LMCD. She is willing to work on those as an Orono representative. She felt enforcement of dock structures should be given back to the cities. 80% of their meetings are tied up with interpreting the code, with the Chairman of the Board being the only one who really understands the code. Dock square footage is an ongoing and time - consuming issue. • 2 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 27,1998 Lake Minnetonka Conservation District - Lili Mcmillan, Representative - Continued McMillan stated that she attended a shoreland volunteer workshop. Orono already incorporates many of the practices that the shoreland workshop promoted such as low density of development. One future issue is the banning of phosphorus from lawn fertilizers. She felt this may better be controlled metro -wide rather than city -by -city. Jabbour asked Gaffron to check with the Department of Agriculture about this. She added that native aquatic vegetation fights milfoil and people should be educated about aquatic vegetation. McMillan reported that the financial audit showed the milfoil fund balance was over the targeted level. The Board is going to bring that back into proportion. Kelley asked about the second issue from the workshop. McMillan responded that shoreline buffering with vegetation was another idea to promote. People should be educated about native grasses and plantings. Kelley expressed his support for McMillan's willingness to work on changes at the LMCD. PLANNING COMMISSION COMMENTS - LIM MCMILLAN, REPRESENTATIVE McMillan suggested a "fast track" for certain variance applications that would normally be approved. is They could go directly to Council with staff recommendations. Jabbour thought Orono's code requires a public hearing at Planning Commission. He suggested an administrative variance process. Council agreed. This would involve less staff time. Flint agreed that much time is spent on small items which could be handled in other ways. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( #3) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - PRD & CLASS III PRELIMINARY SUBDIVISION Jabbour reported that the applicant had sent a letter formally asking the Council to continue discussion of this item to the May 11, 1998 meeting. Flint assumed this would be a continued tolling of any statutory periods. Moorse noted that a fax was received from Bill Gleason agreeing to this, which is copied on the back of the letter from Attorney Timothy J. Keane. Jabbour indicated the City is prepared to make a decision regarding the application, but would • continue action on the application at the applicant's request. Kelley moved, Peterson seconded, to continue consideration of this item to the May 11, 1998 meeting of the Council. Vote: Ayes 5, nays 0. 3 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 27,1998 ( #4) #2325 LAKE COUNTRY BUILDERS ON BEHALF OF JOHN & CINDY OLSON, 950 NORTH ARM DRIVE - VARIANCES - RESOLUTION NO. 4065 The applicant was present. Van Zomeren reported that the application is for a top of bluff setback variance. She projected a topographic map showing 2' intervals. The house was constructed prior to shoreland regulations for bluff setbacks. The applicant has submitted a revised plan based on Planning Commission concerns. The current proposal is for an upper deck that extends 8' from the residence to be screened in beneath. The Planning Commission voted 6 to 0 to approve the application. Goetten noted that in Van Zomeren's initial report that the deck and porch were not to become living area, but that condition was not included in the resolution. Van Zomeren agreed to make that addition as Item F on Page 2 of the resolution. Jabbour asked if the applicant had reviewed the resolution and agreed with the addition. The applicant agreed. Kelley asked the applicant if he understood why the City has the ordinance regarding the bluff • impact zone. The applicant responded that he did. Kelley moved, Goetten seconded, to adopt Resolution No. 4065 granting a variance to the bluff setback, with the condition that the deck and porch are not to become living area. Vote: Ayes 5, Nays 0. ( * #5) #2350 KEVIN & LISA OLSEN /JAMES & JUNE TOUVE, 4196 NORTH SHORE DRIVE - PRELIMINARY CLASS I SUBDIVISION - RESOLUTION NO. 4066 Moved by Goetten, seconded by Peterson, to adopt Resolution No. 4066 granting approval of a Class I subdivision of a lot line rearrangement for properties located at 4196 North Shore Dive. Vote: Ayes 5, nays. 0. ( * #6) 42352 RICK FREDRICKSEN REPRESENTING WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4067 Goetten moved, Peterson seconded, to adopt Resolution No. 4067 amending a conditional use permit to allow construction of 14' x 22' pump house over a well located 189 -193' from the northeast judicial marker of Edgewood Place. Vote: Ayes 5, Nays 0. 4 is ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 27,1998 ( #7) #2354 KONRAD KRUGER, 520 HANLON AVENUE - VARIANCE The applicant was not present. Jabbour suggested returning to this item later in the meeting. Review of this item follows #14. ( #8) #2356 JON AND DIANE RAPPAPORT, 3067 FARVIEW LANE - VACATION OF DRAINAGE EASEMENT - RESOLUTION NO. 4068 The applicant was present. Kelley explained that he wanted to discuss this item because sewer has been considered for this area. In some sewer projects, the City has allowed residents in the project to "opt out" of the improvement until they want to connect. The City then assumes their share of the cost. Kelley wanted the applicant to be aware of the situation. Jabbour responded that he had talked with the applicant. Mr. Rappaport explained that when he bought the property, he knew he would have to put in a new septic system, therefore this is an anticipated expenditure. Because of the proposed improvements he wants to make to the property, . the septic system is required to be upgraded. 0 Kelley questioned how the City would handle areas where sewer is planned but the 10 -year period to upgrade had expired. Jabbour did not think the City would require a new septic system if sewer was planned relatively soon. However, there would be other factors to consider such as what other agencies might be monitoring the situation and the requirements they might have. Goetten noted another criteria to be considered was Met Council approval for a sewer project. Kelley added that the problem of a non - conforming septic system because of the 3' separation exists throughout Orono. Many properties may not have additional sites available for septic upgrades. Rappaport's property is fortunate to be within the proposed MUSA line. Kelley moved, Goetten seconded, to adopt Resolution No. 4068 as proposed granting approval of the vacation of a drainage easement, subject to granting a new easement. Vote: Ayes 5, nays 0. 5 . ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 27,1998 • ( #9) #2358 RANDY AND MARIE STAFFANSON, 1422 PARK DRIVE - VARIANCES - RESOLUTION NO. 4069 The applicants were present. Van Zomeren explained the application is for a side yard variance to construct a new 24' x 30' garage. The previous garage was 630 s.f. and was destroyed by fire. A hardcover variance is also required although they are slightly reducing the hardcover amount. The Planning Commission recommended unanimous approval. The applicants had no additional comments. Goetten questioned the garage setback, noting the former garage was 6.16' while the proposed setback is 5.72'. Van Zomeren explained that because of the shape of the lot, several inches are lost as you move forward. The garage will be attached to the house. Kelley asked about the accessory shed. Van Zomeren responded that the Planning Commission discussed the shed but agreed to allow the shed to remain in its current location because of the shape of the lot, and it is on a concrete pad. • Kelley also asked about allowing only 630 s.f. for replacement of the new garage since that is what previously existed. Van Zomeren responded that it had not been discussed as the applicants were requesting a 24' x 30' garage. Goetten asked if the accessory structure would be considered legal, non - conforming. In the future, if it came down, a new accessory structure would be required to meet 10' setbacks. Van Zomeren agreed to add this condition to the resolution. Kelley asked if there was anything written from the neighbor to the south. Van Zomeren confirmed that signatures were on file from both neighbors. Goetten moved, Peterson seconded, to adopt Resolution No. 4069, granting approval of side yard setback and hardcover variances for construction of a new 24' x 30' garage located at 1422 Park Drive for Randy and Marie Staffanson, with the addition of the condition that replacement of the accessory structure would be required to meet setback standards. Vote: Ayes 5, Nays 0. 6 . • ORONO CITY COUNCIL MEETING ! MINUTES FOR APRIL 27,1998 ( #10) #2359 HESTIA HOMES, INC. ON BEHALF OF MATT & KAREN PARKS, 825 FOREST ARMS LANE - VARIANCES - RESOLUTION NO. 4070 The applicant was present. Van Zomeren explained the application was for an average lakeshore setback. The applicant has provided topographic information which shows how the grade changes from the shoreline to the house. Originally staff thought there was a bluff. Planning Commission had concerns that it may not be a bluff. Staff reviewed the information again and determined that it is technically a steep slope and not a bluff. Because the Planning Commission did not want to grant a bluff setback, they requested that the applicant reduce the size of the deck. Since the bluff issue is no longer a consideration, staff would suggest allowing the deck as originally requested. The average lakeshore setback is still an issue. Van Zomeren noted the resolution had been drafted for an average lakeshore setback with no reference to a bluff impact setback. The applicant had no additional comments. Goetten commented that the resolution did not state the size of the deck. Van Zomeren explained is that the deck was before the Planning Commission because of the bluff impact issue. However, it also requires a variance for the average lakeshore setback. She agreed to add the size of the deck at 526 s.f. to the resolution. u Peterson asked if there would be a double fee charged because of the after -the -fact garage. Van Zomeren responded that there would not be because it was not the applicant's problem. The deck has not been constructed. She explained that the building permit for the garage was processed while the Building Official was out of the office for medical reasons. When the Building Official reviewed the plans, he discovered there had been some miscommunication about the review process and a variance was required. Kelley moved, Goetten seconded, to adopt Resolution No. 4070 granting approval of Application #2359 for an average lakeshore setback variance, with the inclusion of the size of the deck in the resolution, for the property located at 825 Forest Arms Lane. Vote: Ayes 5, nays 0. (9*11) #2360 ANTHONY KMETZ, 640 ORCHARD PARK ROAD - VARIANCE - RESOLUTION NO. 4071 Goetten moved, Peterson seconded, to adopt Resolution No. 4071 granting a variance to permit construction of a three stall garage addition to be located 717 from the front lot line where a 100' setback is required for the property located at 640 Orchard Park Road. Vote: Ayes 5, Nays 0. 7 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 27,1998 ( #12) #2362 BOB HOWARD, 1300 SHORELINE DRIVE - VARIANCE - RESOLUTION NO. 4072 Mr. and Mrs. Howard were present. Van Zomeren explained that the property is approximately .4 acres in the RR -1B zoning district. Several variances are required to rebuild a residence including lot area, lot width, front yard, side yard and rear yard setbacks. She referred to the survey showing the encroachments. A topographic map shows there are wetlands that encroach the property in the northeast corner requiring a 26' setback for structures. She also had sketches of the proposed residence. The Planning Commission voted in favor of granting all requested variances. Properties with fire damage are allowed 6 months to remove the debris. After variances are granted, a year is allowed to apply for the building permit. Since no accessory structures are allowed when there is no principal structure, the accessory structure will be required to be removed. Goetten asked who would monitor the setback when a new accessory structure built. Van Zomeren replied that a building permit would be required, and the structure would have to meet hardcover, structural coverage and setback requirements or a variance would be required. The applicants had no additional comments. Jabbour questioned the use of a 1985 survey. Van Zomeren explained that a final grading plan would be required with the building permit. The application was allowed to move forward because insurance companies do not pay for application fees, surveys, architect fees, etc. The 6 -month time limit and vandalism on the property are immediate issues. Jabbour asked that all debris on the property be removed, not just the fire damage. Since this is a substandard lot, a limited amount of activity is allowed. Goetten reiterated that all of the property needs to be cleaned up because some of the debris is not a result of the fire. Van Zomeren confirmed that all debris would be removed, based on discussions with the Building staff. Jabbour asked if the applicant understood the conditions being required. Howard asked if it all had to do with the variance. Jabbour responded that the City wants to take this opportunity to be sure there is an appropriate residence and improve the property. is Van Zomeren added that she had volunteered to work with Mr. Howard's insurance company. The cleanup must be complete within 6 months from the December date of the fire. 8- • ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 27,1998 ( #12) #2362 Bob Howard, 1300 Shoreline Drive - Continued Kelley suggested the City look at vacating Hanlon Avenue which would add property to the lot making it more conforming. He did not think the City would build a road there. Jabbour asked staff to investigate the possibility of vacating a portion of Hanlon Avenue. Van Zomeren explained that the property owners of a triangular piece of the property in the area want to sell that piece to Mr. Howard. They had accidentally bought the property in a tax forfeit sale. Jabbour asked why the City didn't buy it for mitigation of wetlands. Gaffron responded that it wouldn't help mitigation because it is already a wetland. The County also owns some lots in the area. Moorse asked for clarification of access to the property. Van Zomeren responded that the proposed garage faces south and County Road 15 and would use the current access. Jabbour suggested approving the application to expedite tearing the house down, assuring the buildability of the lot and collecting from the insurance company. Staff will look into vacating the road and its implications. • Jabbour moved, Peterson seconded, to adopt Resolution No. 4072 granting lot area, lot width, front, side and rear yard setback variances to allow construction of a new residence on the property located at 1300 Shoreline Drive; and directed staff to implement cleanup of the property. Vote: Ayes 5, Nays 0. 0 ( #13) #2353 LEN BUSCH,1265 SHORELINE DRIVE - VARIANCE - RESOLUTION NO. 4073 Mr. Busch was present. Van Zomeren reported that the property is 1.22 acres in a 2 acre zoning district. The applicant is requesting a hardcover variance to construct a hobby room. The original proposal was for a 25'x 30' structure. The Planning Commission recommended a size of 25'x 25' with an additional 300 s.f. of hardcover allowed. The residence has a pool and patio, constructed prior to current regulations, that encroaches into the 0 -75' zone. A wetland exists on the northeast side of the property. The applicant has previously received land alteration permits to shore up the driveway. A retaining wall exists on the other side. The survey did not show the location of a well. Sewer comes to the property in the driveway area and structure cannot be placed over those lines. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 27,1998 ( #13) #2353 Len Busch, 1265 Shoreline Drive - Continued Mr. Busch commented that the Planning Commission asked if the structure would have to be that large. He stated it did not have to be that large but he preferred a 25'x 30' structure. Goetten asked if he understood that the recommendation was made because he was over on hardcover. He responded that he understood. However, in the building permit application, the hardcover information stated that the intent of the ordinance is to ensure that rainfall or runoff is cleansed by filtering through grass before entering the lake. He noted that two- thirds of his property runs into the wetland. He felt the intent of the law was being met. Jabbour agreed with the applicant's comment. However, as small structures are added the wetlands are being overburdened. Kelley commented that he was not in favor of the application because the statement of hardship does not clearly delineate what the hardships are if the variance is not granted. Is Busch responded that the hardship is there is no basement. He added that he is near retirement, has been very active and does not plan to go south. He wants to be able to do woodworking on his • property. The 3 -car garage is not sufficient. It is a nice home but he has no place to pursue his retirement hobby. He could reduce some of the driveway but because of the shape of the lot, backing out onto County Road 15 is a safety issue. The architecture of the proposed structure would be similar to the residence. Kelley commented that only 25% hardcover is allowed and the applicant is proposing 40 %. The applicant noted that he is already at 39.4 %. Flint moved, Jabbour seconded, to adopt Resolution No. 4073 approving the Planning Commission recommendation to allow an additional 300 s.f. of hardcover on the property located at 1265 Shoreline Drive to permit the construction of a 25' x 25' hobby room. Jabbour suggested staff assist the applicant if they have difficulty stating hardships. The hardships for this application were summarized as the wetland, traffic on County Road 15, the shape of the lot, no basement, and the house was located prior to current ordinances. Kelley noted the importance of listing the hardships so that the record could show unique conditions for granting a variance. Goetten asked if removal of some hardcover from the driveway would create an unsafe condition. Busch explained where the hardcover was to be removed and stated that the removal would be satisfactory. 10 - 0 • ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 27,1998 ( #13) #2353 Len Busch, 1265 Shoreline Drive - Continued Jabbour expressed his concern that the hardships be stated in the resolution and that the driveway be safe after any hardcover removals. Kelley asked how the City could be sure the next owner would not install a paved driveway up to the structure, which would add more hardcover, and make it a 2 -car garage. Goetten expressed her concern about the size of the structure, indicating it was very large. Busch explained that woodworking requires a large area to work, up to 24' when planing aboard. Several pieces of equipment are used in making cabinets. Peterson asked what the net effect of hardcover would be. Van Zomeren responded that it would be 300 s.f. She suggested that if garage doors were not allowed, a building permit would be required to install them at a later date. Kelley commented that garage doors would be needed to do the type of woodworking Mr. Busch was proposing. Van Zomeren added that the surveyor did not show any easements for the sewer. In talking with the . Public Services Director, these easements should be recorded. The applicant agreed to do so. Flint asked if there were no other possible location on the property for the structure. Van Zomeren explained that a well on the other side of the garage limits that area. Goetten suggested that no more hardcover be allowed in the future if the motion passes. Flint moved, Jabbour seconded, to amend the motion adopting Resolution No. 4073 to include the condition that no additional hardcover is to be allowed. Vote: Ayes 3, Nays 0. Kelley and Peterson voted against the motion. ( #14) JOHN DALBEC REQUEST FOR COUNCIL DETERNIINATION REGARDING THE KEEPING OF HORSES AT 30 ORONO ORCHARD ROAD NORTH Moorse explained that Dalbec made a complaint about the keeping horses of 30 Orono Orchard Road North and questioned the legality of it. Staff researched the issue and prepared a letter to Dalbec listing the findings and concluding that two horses should be allowed to remain on the property. Dalbec has asked that Council reconsider the conclusion. Jabbour asked Dalbec to comment on his position. Dalbec distributed a letter to Council and the owner of the residence. Dalbec stated the lot size is too small, the pasture doesn't meet the minimum • size, and the building doesn't meet the setbacks. 11 ORONO CITY COUNCIL MEETING • MINUTES FOR APRIL 27,1998 ( #14) John Dalbec Request for Council Determination Regarding the Keeping of Horses at 30 Orono Orchard Road North - Continued Jabbour explained how the ordinances work. Prior to ordinances being adopted, property owners could do whatever activities they wanted legally. When they continue to do these activities after they are no longer allowed by ordinance, it is considered legally non - conforming. If the activity began after the ordinance was adopted, then it is illegally non - conforming. When an activity is legally non - conforming, it is referred to as "grandfathered in ". Gaffron agreed that the keeping of horses on this property is legally non - conforming. Dalbec asked for clarification of legally, non - conforming. Jabbour explained that when horses were on this property many years ago, it was legal to have horses there. Gaffron referred to the staff review represented in a 6 page letter to Dalbec. Staff concluded that there has been a continuous existence of horses on the property, and therefore the use should be allowed to continue. No pollution problem exists as indicated in the report from Jeremy Geske of the University of Minnesota. After two site inspections, Gaffron also concluded that no environmental problems were created as a result of the horses. The fact that the property is less than 4 acres is not a factor in the decision to allow the horses to remain because they have been there . continuously. Nothing in the information in the City's files suggest that there was any intent on the City or the property owner's part to not have horses. The horse barn and corral were allowed to remain when there was no house on the property. Horses have been on the property since at least the mid- 1950's. Jabbour asked how many hours staff has spent on this issue. Gaffron responded that he had spent at least 25 hours, and probably another 10 or 15 hours with other staff members and the City Attorney. No members of the Council or Planning Commission have been involved in researching the issues. Jabbour informed Dalbec that the City has concluded that the horses are a legally, non - conforming use of the property. Many taxpayer dollars have been spent to reach this conclusion. There has been no interference from the Council or Planning Commission. If there is any bias, it is toward Dalbec since so much time has been spent to research the issue. Flint questioned the ownership of the property. Gaffron confirmed that Murphy /Smith own Lots 10 and 13, and Dalbec owns Lot 12. Flint noted a supportive letter from Mrs. Bordson, a neighbor to the north. He also asked what would happen if one of the lots were sold off. Gaffron responded that Lot 10 is 3.7 acres and Lot 13 is 1.5 acres. 12 - • ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 27,1998 ( #14) John Dalbec Request for Council Determination Regarding the Keeping of Horses at 30 Orono Orchard Road North - Continued Dave and Barb Struyk, 40 Orono Orchard Road North, share a common driveway with Murphy /Smith. Mr. Struyk stated they had lived in the residence since 1979, prior to Murphy /Smith. There were horses boarded there at that time; they like the horses and find it unfair that the Murphy /Smiths are being questioned about the keeping of their horses. Jabbour noted he had received several letters supporting the continued use of horses on the property. Kelley asked if the property were limited to 2 horses, not 3. Gaffron responded that in 1987, the City limited the use to 2 horses in a response to the prior owner. Jabbour added that if the horses were removed for more than 1 year, the use would become non - conforming and no longer be allowed. Attorney Barrett commented that in the current circumstances, the use is allowed. If the property were to lose its legal, non - conforming status, a variance could be applied for to consider the previous use of the property. Council has discretion to address the issue of pasturage. • Flint moved, Goetten seconded, to affirm staff s conclusions which allow the keeping of horses at 30 Orono Orchard Road North as outlined in the letter of July 25, 1997. Murphy stated they felt this was an unfortunate set of circumstances and would like to have the same relationship with Mr. Dalbec as they had the first five years of being neighbors. He commended staff on a well done report. Vote: Ayes 5, Nays 0. ( #7) #2354 KONRAD KRUEGER, 520 HANLON AVENUE - VARIANCE The applicant was not present. Goetten moved, Peterson seconded, to table Application #2354, providing the application be extended an additional 60 days by letter to the applicant. Vote: Ayes 5, Nays 0. (A short recess was held.) 49 13 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 27,1998 MAYOR/COUNCIL REPORT Goetten stated she had discussions with Gaffron regarding the update of the Comprehensive Plan and suggested scheduling a work session to continue working on it. She also suggested a work session with the Park Commission to discuss the direction in which they should be moving. Jabbour agreed that there should be discussions as to the Park Commission's focus. Included in the focus would be acquiring and identifying land in areas that have not yet developed. Flint agreed the Park Commission was going in too many directions. A work session was scheduled on May 4 at 6:30 p.m. prior to the regular Park Commission meeting. Jabbour requested Council support of "No Parking" signs for boat trailers on Bohns Point Road. Kelley was not in favor of posting signs. He suggested posting when an event is planned for Maxwell Bay. Jabbour noted that 4 residences had requested signs. Peterson suggested monitoring how many people are parking on Bohns Point and on what dates before posting signs. Moorse will have the Police Department follow -up and report on the situation. r� Kelley asked about Gaffron's memo regarding lot area credit for wetlands when the property is served by sewer. Gaffron did not feel discussion was necessary but wanted Council to be aware that • an amendment would be coming. Kelley stated that he had talked to the Chair of the Long Lake Planning Commission regarding Orono's Highway 12 resolution. The Long Lake Chair was happy that Orono was reaffirming their position that there would be no access at Willow Drive. Kelley informed the rest of the Council that he was reconsidering the future use of the property at the southwest corner of Old Crystal Bay Road and Highway 12. He questioned if commercial use was the best use. He has observed housing developments along major highways throughout the metro area. One acre residential with sewer could be another option. The tax base would be another issue to consider. Jabbour did not think tax implications should be considered in land use planning. Kelley questioned if commercial /industrial use was considered because the property is located between two major roads. He wants to be sure there is a balance with what is in the code and what exists in other areas. Goetten stated she did not like to see housing along major highways, but has not made a final determination on what is appropriate for that property. McMillan asked if the school across the street has any impact. An industrial use would create a lot of truck traffic which wouldn't be good next to a school. Jabbour responded that discussions had been about a high tech industrial use. 14 ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 27,1998 Mayor /Council Report - Continued Flint requested that staff look at the second house in from Old Crystal Bay Road on the Dickey property. What appears to be a creek is being filled with boulders. If this is a drainage easement, there could be a major impact. Kelley noted there were two retention ponds in the development with drainage easements running to them. Flint also referred to Gaffron's wetland memo. He wanted to look at the 1/2 and 1 acre zoning. In new subdivisions, the wetland credit has been used to create greater density. Jabbour asked if the wetland credit could be eliminated from the subdivision ordinance without making other sites non- conforming. Gaffron thought it was possible. There may be some property owners who may think they are losing something if the wetland credit is taken away. Flint made the point that if the goal is to protect wetlands, you don't just do so in the 2 and 5 acre zones. Other members agreed. The Council directed that the amendment eliminate the wetland credit all zoning district. Gaffron thought the provisions for density credit came in 1970 but was unsure why. Possibly the City thought they were giving somebody, who thought they were losing something through a rezoning, something back. • Kelley asked what would happen if the wetland credit were removed from the code. Gaffron responded that it could be done and thought the risks would be low of having someone who thought they could get that credit and then would not be able to do so. Council gave direction to staff to eliminate the wetland credit. Gaffron stated he would look at the code to see if there were any major problems and publish for a public hearing for such an amendment. McMillan asked if this helped septic areas. Gaffron responded that the credit was only available if the property was sewered. Kelley asked if the City had gotten any comments back from property owners in the proposed sewer project for the golf course area. Gaffron had not received any, but thought the Public Services Director would probably be the one to receive those comments. Gaffron discussed one of the benefits of a wetland credit. Brook Park is a situation where the City has the ability to grant additional density which is a positive in the eyes of some other agencies. • 15 - ORONO CITY COUNCIL MEETING . MINUTES FOR APRIL 27,1998 ENGINEER REPORT ( #15) COUNTY ROAD 15 CO -OP AGREEMENT RIGHT -OF -WAY PAYMENT Moorse explained the request for partial payment of the City's share of right -of -way costs for the County Road 15 project. In the agreement, the City is responsible for $104,000. Kelley moved, Peterson seconded, to approve the Request for Payment of $55,447.50 to Hennepin County for the County Road 15 reconstruction project. Vote: Ayes 4, Nays 1. Goetten was opposed. CITY ADMINISTRATOR'S REPORT ( #16) SCHEDULE PUBLIC INFORMATION MEETING REGARDING TOWNLINE ROAD Jabbour had requested the meeting and would like the property owners in Orono and Independence notified. The meeting was scheduled for May 11, 1998 at 6:45 p.m. prior to the regular Council meeting. ( #17) SCHEDULE MEETING WITH HIGHWAY 12 PROPERTY OWNERS AND BUSINESS OWNERS • This meeting will be scheduled at the May 11, 1998 Council meeting. ( #18) PART -TIME POLICE OFFICER CHRISTOPHER K. FISCHER PERA RESOLUTION NO. 4074 Moorse explained that this resolution is a formality that allows the City to contribute to the Police and Fire portion of PERA rather than the regular portion. Peterson moved, Goetten seconded, to appoint Christopher K. Fischer to the position of part-time police officer, effective April 13, 1998, at a starting rate of $12.25 per hour; and to adopt Resolution No. 4074 establishing his eligibility for coverage in the PERA Police and Fire Fund. Vote: Ayes 5, Nays 0. 16 - • C. ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 27,1998 ( * #19) LICENSES Goetten moved, Peterson seconded, to approve the following licenses: Vote: Ayes 5, Nays 0. Special Event Permit Freshwater Foundation Clean Water Festival Location: Gray Freshwater Center, 2500 Shadywood Road May 16, 1998 10:00 a.m. - 2:00 p.m. Garbage & Refuse Collector's License Frank Blackowiak Blackowiak & Son Sanitation & Rolloff Service 1195 Sunnyfield Road North Mound, MN 55364 ( * #20) BILLS • Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting adjourned at 9:43 p.m. CITY ATTORNEY'S REPORT Attorney Barrett reported that the Supreme Court declined the review of Christopher Fields vs. MPRS. Gabriel abbour, Mayor ATTEST: Lin S. Vee, City Clerk • a 17 -