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HomeMy WebLinkAbout05-11-1998 Council Minutes• ORONO CITY COUNCIL MEETING MINUTES FOR MAY 11, 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, Public Services Director Greg Gappa, Consulting Engineer Glenn Cook, City Engineer Tom Kellogg and Recorder Lauren Nordseth. Mayor Jabbour called the meeting to order at 7:29 p.m. ( #1) CONSENT AGENDA Items 8, 9, 11, 12, 15, 16, 17 and 18 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 27,1998 Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of April 27, 1998. Vote: Ayes 5, Nays 0. ( * #3) JOINT WORK SESSION WITH PARK COMMISSION OF MAY 4,1998 Goetten moved, Peterson seconded, to approve the Minutes of the Joint Work Session with Park Commission of May 4, 1998. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS No representative present. PLANNING COMMISSION COMMENTS - DALE LINDQUIST, REPRESENTATIVE Dale Lindquist had no comments. ORONO CITY COUNCIL MEETING • MINUTES FOR MAY 11, 1998 PUBLIC COMMENTS Steve Katainen, Bay Furniture, 3850 Shoreline Dr., Navarre, requested the permitted use list be updated to include more types of businesses, as the current list inhibits business use. John Chenoweth is a prospective buyer of Bay Furniture, and the current permitted use list does not allow him to expand the furniture business to include lighting and accessories. Van Zomeren said the initial furniture use was through a determination that it was substantially similar to an art gallery about ten years ago, and adding accessories may be problematic. Kelley asked about the current zoning, and Van Zomeren replied it is a B -5. Moorse explained that B -5 is limited business, and the type of uses should be used to serve the neighborhood. He said it may require looking at the Comprehensive Plan. He responded to Goetten I s question that the accessories use is similar to the furniture use, but once you approve an expansion of a use, it may open the B -5 zone to other uses not currently contemplated. Rezoning it would be another solution. This particular B -5 zone consists of a service station, furniture store and one non - conforming residential house. Gaffron said staff is not comfortable with the way the zoning districts are laid out right now. If there is a business that appears to fit the zoning district, one option is to make a finding of "substantially similar use ", a process that may take two months. It is at the Council's discretion once a potential business is brought before the Council whether or not to approve it. • Jabbour feels there is enough consensus to direct staff to look at changing the zoning in this area. Gaffon asked for clarification as to whether Council wanted to look at rezoning this area or change the list of permitted uses in the B -5 zone. Kelly asked that both options be considered. Jabbour noted that Council was not reacting to an applicant, but needs to consider changes that would be appropriate for current and future uses. Ted Rozeboom, 2967 Casco Point Road. He purchased the adjacent property with a carriage house for use by his mother -in -law and his son with special needs. He would also like to have his architectural business there and has discussed this with the Planning Commission, who recommended presenting it to the Council. His architectural practice specializes in school designs. Therefore, no vendors, salesmen or clients come to the site. He wants to know how the Council feels about allowing this type of use in the carriage house. Jabbour and Kelley agree the home occupation needs to. be in the principal resident, which is not the case here. Rozeboom does not wish to combine the parcels, as he feels they would be devalued, and also, his family would not be able to keep both parcels financially in the future. Jabbour recommended Rozeboom complete a formal application to the Planning Commission on the home occupation and participate in the Commission's work session on home occupations. • 2 0 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 11, 1998 PUBLIC COMMENTS Continued Charlie James, 2715 Maple Wood Circle West, Woodland. He has property in Orono, and asked if there were to be public forums on the issues of land use along Highway 12. He has not been informed of the Council work sessions on this topic, and is confused about the process. Jabbour explained that there are work sessions, mailings and newsletters, as well as articles in the local papers. He went on to add there will be a public hearing. Moorse explained the next step is to have meetings with property owners and at that time, input would be taken from property owners. Jabbour said the area from the apple orchard land to Brown Road along Highway 12 is becoming the focus of a lot of speculation and development. He said the Council is committed to the 1987 Comprehensive Plan Amendment. James said he supported the Comprehensive Plan and the development of a vision for the Highway 12 area. He also said he heard rumors about Council meeting in closed sessions. Jabbour exclaimed that the Council could not meet in closed sessions, and that no members have ever met about these issues in violation of the open meeting law. James said he looked forward to the public sessions. • ZONING ADMINISTRATOR'S REPORT ( 44) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - PRD & CLASS III PRELIMINARY SUBDIVISION Bill Gleason, representing Tonka Venture, said the property owners were looking favorably on the option of constructing 20 units now, and later adding 10 units when access to County Road 15 is provided. Jabbour said the Council is very willing to work with Mr. Gleason. The issue of egress and ingress to that neighborhood is a major concern. Within one or two years, the adjacent property could be developed either by Gleason, another developer or through the City obtaining a park. At that time an access could be provided to County Road 15, and then Gleason could receive the other ten units. Gleason asked how they are to be assured of getting an access onto County Road 15. Jabbour replied the only assurance is if they provide the access themselves. ` 0 ORONO CITY COUNCIL MEETING • MINUTES FOR MAY 11, 1998 ( #4) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - Continued Jabbour indicated he met with Mr. Sohns to discuss the possibility of buying his land to provide a park for Orono, and he will brief the Council during his Mayor's report. Kelley said if the next parcel to the west develops, he would mandate that the road be finished, as it is prudent planning. Jabbour said there is no assurance a road will be built to County Road 15, after those parcels are developed. He said Gleason felt assured he would get 30 units with that zoning, but public safety and welfare will never be given up by the City under any circumstances, even through litigation. The worst possible scenario, Jabbour believes, is the court will uphold the City's position that the applicant will build the road. Jabbour said he would like to stand in front of a judge and explain to him or her that public safety and welfare, which is the number one issue at the City, would be sacrificed because the City took 60 days to send the applicant something in writing although the City publicly told the applicant what was needed. If the judge decides against the City, 30 units is the most the City would lose. Kelley asked what would the applicant like Council to do, to which Gleason replied either we both go to litigation, or to work with the City. The applicant says they attended all the meetings, and have • done everything they were supposed to do. Van Zomeren said at the December 8th meeting, the Council directed the applicant to address the list of remaining issues at first meeting in January, and those things were not provided. Jabbour said the list of issues to be done were never given in January or up to now. Gleason said those are issues, if we go to court, the court will figure out. Gleason asked what the Council wanted him to do tonight. Kelley asked the City Attorney if there was anything the Council could do, to which the Attorney replied there may be some devices, but the Council needs to decide whether they like those devices. Jabbour suggested an Executive Session. The City Attorney said he was not aware that the Council can predict development or focus when or if this happens and what would be the City's response. He asked Gleason if he was looking for some level of assurance. If the City obtains a piece of land for the park, and the road is developed, the applicant could be assessed for a part of the cost of the road to County Road 15. Jabbour continued that Council has tried to be part of the solution, and approached this problem from every direction. Jabbour explained the road will service the Brook Park development and the park, and if Gleason decides to build the road to County Road 15, the Council will approve the development. 4 0 u ORONO CITY COUNCIL MEETING MINUTES FOR MAY 11, 1998 ( #4) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - Continued Gleason asked if the density credit is eliminated, how developers could afford the road? Jabbour said the City's goal is to obtain the land for a park and that the road providing access to County Road 15 also provides access to the park. Gleason explained how the road would be built in his mind, and who would pay for it. Flint said Sohns proposed the City buy the whole piece for park. Flint asked Gleason why the original park concept disappeared with 30 units. Gleason explained it was land that was not going to be used, but would be owned by the association and would not be a park. Gleason suggested to Tonka Venture, owner of the property, the possibility of going to court and losing 10 units either way. He thinks Tonka Venture is agreeable to doing 20 units now and waiting for access to County Road 15. Jabbour said the City was motivated to make the road happen. Jabbour noted the current Council could not bind future Councils to force construction of a road to County Road 15. • Flint asked about the unnecessary road and sewer to the western edge of the property from the cul- de -sac, and Gleason explained the sewer still has to be built and at some future time the road will be necessary. Gleason said the current footprint is good to accommodate trees and is a good development. The discussion continued to deliberate whether the cul -de -sac was necessary, especially when the road will continue through. The City Attorney said he wants to clarify Council's position. Kelley moved to table this issue, and to have an Executive Session after the Administrator's report. Peterson seconded. Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR MAY 11, 1998 • ( #5) #2354 KONRAD KRUGER, 520 HANLON AVENUE - VARIANCES - RESOLUTION NO. 4075 Van Zomeren explained the applicant wants variances to side yard, given the 2 acre zoning with substantial setbacks, in order to add a second story. The Planning Commission voted to approve the requested variances. Kruger said he was also considering adding a garage. Jabbour said the Council will only act on what is currently presented to Council. Van Zomeren said the existing structure does not meet requirements, and Kruger has a structural engineer that recommended new foundation improvements. The Council discussed if there should be a certain percentage of foundation that deems the entire foundation should be replaced, and if the entire foundation was replaced, should the house be moved. Van Zomeren said currently applicants are not required to do structural reports before applying for a variance. She went on to explain the variance will expire in one year and the building permits would have to be applied for in that year. She also explained that 10 feet are needed between structures if he does build a garage, and that 35% could be in hardcover without a variance in the setback area within the shoreland setback. • Jabbour moved to approved Resolution #4075, with applicant retaining appropriate structural engineer findings as appropriated. Kelley seconded. Vote: Ayes 5, Nays 0. ( #6) #2357 KENT WHITWORTH, 1425 BAY RIDGE ROAD - CONDITIONAL USE PERMIT AND VARIANCE Van Zomeren reported the applicant is requesting a hardcover variance, lakeshore variance and conditional use permit to build a retaining wall adjacent to County Road 15. The conditional use permit is required because it involves grading within 5 feet of the property line. The Planning Commission recommended this project with the following concerns: that the City would get an accurate survey, a drawing of the retaining wall, along with hardcover calculations, the materials used are similar to a wall existing adjacent to the property and consistent with the area, the trees over 6 inches be preserved, and appropriate approval needed by Hennepin County is obtained. The problem is there are no numbers available. Peterson asked how it got as far as it did without the necessary numbers. 10 ORONO CITY COUNCIL MEETING • MINUTES FOR MAY 11, 1998 ( #6) #2357 KENT WHITWORTH, 1425 BAY RIDGE ROAD - Continued Whitworth explained the 10' 3" height is shown in the variance request and it is a 3 tier wall, 10 1/2 feet above the road. He said the wall was needed for safety, and the existing retaining structure was damaged in 1987. Kelley questioned the eastbound sitelines, and the restrictions on vegetation. Whitworth explained the sitelines would not change, and he would present a landscape plan once the wall was built. Kelley moved to ask the staff to prepare a resolution in favor of the applicant with the needed numbers, and Peterson seconded. Vote: Ayes 5, Nays 0. ( #7) #2358 RANDY & MARIE STAFFANSON, 1422 PARK DRIVE - VARIANCE - REQUEST TO GO DIRECTLY TO COUNCIL ON MAY 26,1998 The applicant was not present, and Van Zomeren explained they are planning not to proceed with the variance, due to the high cost of estimates. The applicant would like to replace the garage in its • present location requiring a side yard variance, and it would come through the Planning Commission again. Van Zomeren asked if it was possible to re- notice in the newspapers immediately, to be considered at the next Council meeting for the side -yard variance, and the City Attorney replied if you have new variances, the public hearing could be held at the Council meeting. Short recess for Executive Session. ( #4) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - Continued Jabbour moved to move off the table, and Goetten seconded. Vote: Ayes 5, Nays 0. Jabbour suggested a draft of an agreement to go back to two options: 1) Applicant to do road, and receive 30 units, or 2) do 20 units, wait for road from other party, and when road is done_ get 10 more units. The City Attorney stated not all developments would necessarily support the road, but it should be extended as a policy matter. Jabbour said the assurances the applicant has are up to the applicant. Either the applicant puts the road through, or waits for the road to be put through. Gleason asked if properties 3 and 4 adjacent to these are residential. Jabbour replied yes, residential. The City would like to have a park there. He went on to say if the density credit is not granted by Council, the parcels could still have 10 units. Anything over 3 units, needs a road with a cul -de -sac. 0 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 11, 1998 ( #4) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - Continued Jabbour moved to have this matter tabled due to applicant's request, and that there would be a tolling of any time periods which would otherwise run against the City or the applicant during the continuance periods, and to have the City Attorney reflect the City's position and send it to Gleason' s attorney. Peterson seconded. Vote: Ayes 5, Nays 0. Flint asked for clarification on who would pay for the road, and it was agreed there was no settlement on this subject. ( * #8) ADULT USE MORATORIUM - EXTENT TO SEPTEMBER 15,1998 - ORDINANCE NO. 174, 2ND SERIES 0 Goetten moved, Peterson seconded, to adopt Ordinance No. 174, 2nd Series extending the adult use moratorium to run concurrently with the industrial district moratorium which expires on September 15, 1998. Vote: Ayes 5, Nays 0. ( *#9) PARTIAL REFUND OF APPLICATION FEES TO LGA INVESTMENT GROUP, INC. • Goetten moved, Peterson seconded, to authorize a partial application fee refund to LGA Investment Group, Inc. in the amount of $2,040.16. Vote: Ayes 5, Nays 0. ( #10) MORATORIUM ON DEVELOPMENT IN THE LR -1C -1 ZONING DISTRICT - ORDINANCE NO. 175, 2ND SERIES Flint said there was enough misunderstanding about when the moratorium applies, and Moorse explained the updated language gets more specific on the granting of credits. City Attorney stated the LR -1C -1 land could still be developed at LR -1C density. Flint moved, and Kelley seconded to adopt Ordinance No. 175, 2nd Series enacting a moratorium on development in the LR -1C -1 zoning district, expiring on November 16, 1998. Vote: Ayes 5, Nays 0. 8 • • ORONO CITY COUNCIL MEETING MINUTES FOR MAY 11, 1998 MAYOR/COUNCIL REPORT Jabbour indicated he already reported on the meeting with Sohns, owner of property adjacent to the Brook Park development. Jabbour mentioned a meeting with Saga Hill Church to explain the DNR grant to access the church property to a park, with easement available for ambulance or utilities. He went on to say he is going to meet with them May 21 st and show them Orono. The City does not want to develop that road to accelerate development. Flint agreed it was a positive meeting and helped to understand the church's position. Jabbour suggested, after the last meeting with Long Lake, that a brainstorming session be scheduled with some local residents to explain how they do development in their own businesses. Jabbour asked City Administrator to relay a message to the Long Lake Mayor and City Administrator about the two City Councils meeting with several developers regarding what they view as feasible along Highway 12. Jabbour and Moorse will discuss this further later. Goetten questioned Gappa about Fox Street between Brown Road, and Orono Orchard Road where • there is sand in big potholes. Gappa replied that the blade patching should be complete by the end of the week. She also requested updates on County Roads 15 and 6 be provided to the Council. Gappa provided a brief update regarding the County Road 15 project and timeline. Goetten also questioned if Gappa answered Mrs. Murphy's questions on flat sewer rates, which he did. There is currently no senior citizen's rate. Flint received information indicating Long Lake's engineering consultant is recommending against an access on new Highway 12 at Willow Drive. He asked if the Council needed to take any specific action because Orono has adopted "no access on Willow" policy. Flint asked this item be put on the agenda for the next Council meeting. Kelley asked if Jabbour and Ed Callahan are in favor of moving the Meyer Brother's Dairy and getting the ramp for emergency vehicles. Goetten said it appeared the full signal light would remain at that intersection. Jabbour suggested talking to Ed Callahan and taking it to the next step. • ORONO CITY COUNCIL MEETING MINUTES FOR MAY 11, 1998 ENGINEER REPORT ( * #11) AUTHORIZE ADVERTISEMENT FOR BIDS FOR NAVARRE WATER TREATMENT PLANT - RESOLUTION 4076 Goetten moved, Peterson seconded, to adopt Resolution No. 4076 approving the plans and specifications and ordering the advertisement for bids for the Navarre Water Treatment Plant rehabilitation. Vote: Ayes 5, Nays 0. ( * 912) AUTHORIZE ADVERTISEMENT FOR BIDS AND SCHEDULE ASSESSMENT HEARING FOR SHORELINE/HERITAGE AND EDGEWOOD HILLS SEWER PROJECTS - RESOLUTIONS NO. 4077,4078 AND 4079 Goetten moved, Peterson seconded, to adopt Resolution No. 4077 approving the plans and specifications and ordering the advertisement for bids for the Edgewood Hills and Shoreline/Heritage Sanitary Sewer Improvement Projects.. Vote: Ayes 5, Nays 0. 0 Goetten moved, Peterson seconded, to adopt Resolution No. 4078 declaring the cost to be assessed • and ordering the preparation of proposed assessment for the Edgewood Hills and Shoreline/Heritage Sanitary Sewer Improvement Projects. Vote: Ayes 5, Nays 0. Goetten moved, Peterson seconded, to adopt Resolution No. 4079 establishing a hearing for the proposed assessment for the Edgewood Hills and Shoreline/Heritage Sanitary Sewer Improvement Projects. Vote: Ayes 5, Nays 0. ( #13) REQUEST MINNEHAHA CREEK WATERSHED DISTRICT TO COMPLETE STUDY FOR MOONEY LAKE OUTLET - RESOLUTION 4080 The Engineer reported that Mooney Lake in Medina, Plymouth and Orono is experiencing a relatively high water level. Each City has been asked to pass a resolution for a feasibility study paid for by the Watershed District, and they will address cost study. Peterson moved, Goetten seconded to adopt Resolution #4080, requesting the Minnehaha Creek Watershed District to prepare a feasibility study for the Mooney Lake outlet. Vote: Ayes 5, Nays 0. 10 0 0 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 11, 1998 ENGINEER REPORT Continued Jabbour reported he was frustrated with the recent Ferndale Road public information meeting. He said the City Council made a mistake allowing Plymouth to be the lead agency and allowing Staff and Engineers to take it from A to Z without Council direction. Plymouth is now frustrated that Orono has made a decision. Jabbour feels that Orono's consultant engineer is working against Orono. He said the City was put in a position to be viewed as if safety was not important when it was. He thinks it should have been handled differently, with the engineering staff to be working with the City. Kellogg responded his intent was to explain the report, and it was the transportation engineer for Bonestroo who was talking about safety being the number one priority. Kelley said with the road in its current condition, it is not possible to travel over 30 mph which currently makes it safe. Jabbour said he wants the road to retain the 30 mph speed limit. CITY ADMINISTRATOR'S REPORT • ( #14) SCHEDULE MEETING WITH HIGHWAY 12 PROPERTY OWNERS AND BUSINESS OWNERS, AND SCHEDULE WORK SESSION RE: COMPREHENSIVE PLAN UPDATE The Council selected May 27, 1998, in the early evening as a preferred date and time to meet with the Plymouth City Council regarding the Ferndale Road project. A meeting with the Highway 12 property owners to review the Highway 12 preliminary design was scheduled for June 9, 1998 at 6:30 PM. Jabbour requested a letter be sent to Mr. James on this matter. ( * #15) AUTHORIZATION OF THE INSTALLATION OF SIGNS PROHIBITING BOAT TRAILER PARKING ON BOHNS POINT ROAD AND BOHNS POINT LANE - RESOLUTION 4081 Goetten moved, Peterson seconded, to adopt Resolution No. 4081 authorizing the installation of a sign prohibiting boat trailer parking on Bohns Point Road and Bohns Point Lane. Vote: Ayes 5, Nays 0. • 11 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 11, 1998 ( * #16) APPOINT CITY RECORDER Goetten moved, Peterson seconded, to appoint Lauren Nordseth as the City Recorder at a fee of $150.00 per meeting, and to authorize staff to prepare a contract to reflect the appointment. Vote: Ayes 5, Nays 0. ( * #17) APPOINT ASSISTANT ZONING ADMINISTRATOR Goetten moved, Peterson seconded, to approve the appointment of Paul Weinberger to the position of Assistant Zoning Administrator, effective May 20, 1998 at a salary of $30,000. Vote: Ayes 5, Nays 0. ( * #18) BUDGET ADJUSTMENTS 40 Goetten moved, Peterson seconded, to approve the 1997 budget amendments for the General and Special Revenue Funds as presented in the staff memo; and to approve and authorize the cash advance of $4,000 from the PIR Fund to the Municipal State Aid Fund, to be effective December 31, 1997. Further, that the 1997 Building Outlay Fund budget amendment for the public works • building entrance canopy project, approved 12/8/97, in the amount of $19,480, be transferred to the 1998 Outlay Fund budget. Vote: Ayes 5, Nays 0. CITY ATTORNEY' S REPORT No further report at this time. ( #19) LICENSES Goetten moved, Peterson seconded, to approve the following licenses. Vote: Ayes 5, Nays 0. Special Event Permits _ Gear West Ski & Bike Run Bike Run Event June 7, 1998 Zumbro Valley Bassmasters Bass Club Tournament October 10, 1998 12 40 r1 U ORONO CITY COUNCIL MEETING MINUTES FOR MAY 11, 1998 LICENSES Continued Garbage & Refuse Collector's License Craig Baldy Baldy Sanitation Home Occupation Licenses Allstar Electric Ben Meinhart 3585 Sixth Avenue North Kezar, Inc. Mitch Kezar 3050 Sixth Avenue North L. A. Pilgram, D. C. Ginger Scott • 2620 Kelly Avenue Excelsior, MN 55331 is Norum & Pearson, P.A. Russell Norum 3264 North Shore Drive Small Parts Manufacturing, Inc. Charles and Ann Anderson 1295 Lorna Linda Avenue Waldron Law Offices, Ltd. John B. Waldron 1951 Concordia Street ( #20) BILLS Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. 13 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 11, 1998 ADJOURNMENT Peterson moved to adjourn, while Flint seconded at 11:25 P.M. Vote: Ayes 5, Nays 0 ATTEST: i Linda S. Vee, City Clerk 14 bour, Mayor • 0 0