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HomeMy WebLinkAbout05-26-1998 Council Minutes0 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson and Richard Flint. Council Member J. Diann Goetten was absent. 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, City Engineer Tom Kellogg and Recorder Lin Vee. Mayor Jabbour called the meeting to order at 7:00 p.m. ( 0) CONSENT AGENDA Items 14, 16, 18, 20, 24 and 25 were added to the Consent Agenda. Kelley moved, Flint seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES ( * #2) RECONVENED BOARD OF REVIEW MEETING OF MAY 11, 1998 • Kelley oved Flint seconded to approve the Minutes of the Reconvened Board of Review Y PP Meeting of May 11, 1998. Vote: Ayes 4, Nays 0. ( * #3) TOWNLINE ROAD INFORMATION MEETING OF MAY 11, 1998 Kelley moved, Flint seconded, to approve the Minutes of the Townline Road Information Meeting of May 11, 1998. Vote: Ayes 4, Nays 0. ( * #4) REGULAR MEETING OF MAY 11, 1998 Kelley moved, Flint seconded, to approve the Minutes of the Regular City Council Meeting of May 11, 1998. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS (Follows Item #23) is 1 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 PLANNING COMMISSION COMMENTS - LIZ HAWN, REPRESENTATIVE There were no Planning Commission comments. PUBLIC COMMENTS Mary Nicholl, 160 Smith Avenue, stated she was in favor of opening the Woodhill Golf Course access. She was unable to remain at the meeting until Item #21 would be discussed. ZONING ADMINISTRATOR'S REPORT ( #5) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - PRD & CLASS III PRELIMINARY SUBDIVISION The applicant was not present. i Moorse reported the applicants had requested a continuation of the review as they still have concerns about the ability to gain access to County Road 15. Barrett added that he had talked • with the applicant's attorney, Tim Keane, and they will continue to work on language regarding the County Road 15 access. Keane will provide a draft of the language as soon as available. Jabbour noted the City is not in a position to guarantee access but is encouraging access, and that Council was willing to act on the application at the current meeting. Kelley moved, Peterson seconded, to table Application #2308 for Brook Park Realty at the 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. Vote: Ayes 4, Nays 0. ( #6) #2339 JIM RENDER, 1365 TONKAWA ROAD - FINAL PLAT APPROVAL The applicant was not present. Gaffron reported that the mylars for the subdivision were not available and requested tabling to the June 8 meeting. Gaffron confirmed there was no problem with deadline dates because the intent has been to approve the application. Peterson moved, Kelley seconded, to table Application #2339 for final plat approval for the property located at 1365 Tonkawa Road. Vote: Ayes 4, Nays 0. 2 E ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #7) ROBERT WAADE, 3280/3290 NORTH SHORE DRIVE - PRELIMINARY PLAT APPROVAL Mr. and Mrs. Waade were present. Gaffron explained that the proposal is for a conditional use permit for a duplex, a conditional use permit for grading within 5' of the lot line for a berm, and a subdivision to create a lakeshore lot consisting of a back lot and a lot adjacent to the road proposed for duplex use. He noted the LR -1C -1 zoning district allows a duplex use within 200' of commercial zoned property (Lakeside Marina to the west and portions of North Shore Marina on the east). Planning Commission recommended approval on a vote of 4 to 1. Lot 1 will be a lakeshore lot and meets the area and width standards. A variance is required for the proposed driveway which does not meet the 10' setback from the west property line. Planning Commission recommended a policy be formalized that would allow the stormwater pond to be credited towards the extra 50% requirement for lot area in the back lot. Lot 2 is proposed for duplex use. Neitlier unit would have lake access. As a duplex, either one • or both of the units must be rental units. The property is sewered. It is a corner lot surrounding a County lift station. By definition, the front side is the short side of the lot. The applicant is proposing that the east side, longer side, be considered the front so the lot would meet the width requirement. 0 Outlot A is proposed as a 40' wide private road with a 24' paved road. It would serve an existing garage, three existing houses and the proposed three units. The City will require road and utility easements. Outlot B accesses the back lot. Three total units are served by driveways coming off of the outlot. Technically the code only allows two, therefore a variance is required for the third driveway. Outlot C is requested by Hennepin County for sight distance improvements. A plan showing how the area to be cut down should be submitted. A berm is proposed at the west property line which may be up to 5' in height. If it is greater than 2 -3' as shown on the diagrams, additional review will be required. City sewer runs beneath the proposed berm and the City will require an easement over the sewer. It should be documented that sewer is beneath the berm and the City would have the right to disturb the berm and plantings to access the sewer. 3 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #') Robert Waade, 3280/3290 North Shore Drive - Preliminary Plat Approval - continued The following variances are required: Outlot A - proposed width = 40', required = 50' Outlot B - proposed width = 20', required = 30' - proposed driveway setback = 0', required = 10' - doesn't extend to Lot 1 creating a 'flag lot' - only 2 residences allowed to access from driveway outlot, 3 proposed. Other issues to consider: Can the stormwater pond be credited toward the extra 50% area requirement for aback lot? Can the east line of Lot 2 be considered the front line, eliminating a width variance for the duplex? 0 Gaffron summarized the staff recommendations on Page 5 of the May 21 memo noting that the same variances would be required whether or not a duplex was approved; a berm higher than 2 -3' would require a new plan, drainage issues need to be resolved, and the duplex use should be • approved based on meeting the zoning criteria. Waade commented that he bought the property based on the information that a multi - family use is allowed. Because of the marina, lift station and busy road, multi - family housing best suits the lot. He plans to live in the lakeshore lot and would be improving the area. There were no public comments. Peterson asked for clarification on the front line issue for Lot 2. Gaffron explained that the width requirement for a duplex is 135'. For this corner lot, the short side is considered the front. However, if the longer side were considered the front side, a width variance would not be required. He noted the primary access will be from Outlot A even though the properties would be addressed off of North Shore Drive. Jabbour asked how many homes were on the property prior to the proposed subdivision. Gaffron responded that there were three homes with three sewer units. Kelley stated he was not in favor of the duplex and would prefer a single family residence for a total of two single family homes on two lots. 4 ORONO CITY COUNCIL MEETING . MINUTES FOR MAY 26, 1998 ( #') Robert Waade, 3280/3290 North Shore Drive - Preliminary Plat Approval - continued Jabbour complimented Waade for his proposed improvements this area. Waade responded that he works with high -end development and sees this as a positive improvement for the area. Jabbour stated that if three units had existed on this property, three should be allowed to remain. Peterson commented that the duplex use was appropriate for the area. Mrs. Waade noted that it would be extremely difficult to sell a single family home next to a marina and lift station. Peterson moved, Flint seconded, to direct staff to draft a resolution conceptually approving the proposed subdivision for the property located at 3280/3290 North Shore Drive and approving the conditional use permits for duplex credit and grading within 5' of a lot line. Ayes 3, Nays 1. Kelley voted against the motion. Peterson asked if the applicant was still working with the marina on the berm. Waade confirmed that he was. • ( #8) #2355 DOUGLAS VAN MOORLEHEM, 4490 WATERTOWN ROAD - PRELIMINARY SUBDIVISION APPROVAL 0 The applicant was not present. Gaffron explained that the applicant has requested that review of his application be tabled to the June 8 meeting. He confirmed there was no problem with deadline dates. Peterson moved, Kelley seconded, to table Application #2355 for preliminary subdivision approval for the property located at 4490 Watertown Road. Ayes 4, Nays 0. ( #9) #2358 RANDY & MARIE STAFFANSON, 1422 PARK DRIVE - VARIANCE Mr. and Mrs. Staffanson were present. Van Zomeren stated the neighbors had been re- notified of the public hearing. She explained that hardcover and side yard setback variances were granted in April to allow a new garage to be attached to the existing residence. The applicants have now requested hardcover and side yard setback variances to rebuild the garage that was destroyed by a fire in its previous location. M ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 • ( #9) #2358 Randy & Marie Staffanson, 1422 Park Drive - Variance - continued Mrs. Staffanson stated they were still working with builders to see if they could finance the attached garage as approved in the original variance application. If they can't work out financing, they would like to rebuild the garage in its previous location. They would like to have approval to build whichever garage they receive financing for. Van Zomeren explained the changes in the current proposal. Less hardcover is proposed but there is a greater encroachment on the side yard setback. Kelley asked when the applicants would be able to make a decision about which plan to use. Mrs. Staffanson replied that they were meeting with the builder on Thursday. Kelley suggested tabling the application. There were no public comments. Jabbour stated that Council could not approve an open -ended situation. He requested that they appear before Council again if they want to rebuild the garage in its previous location. Notice would need to be given to the neighbors 10 days prior to the meeting. is Council confirmed that if the attached garage was to be built, the applicants would not have to reappear before Council as the variances were already granted. Kelley moved, Peterson seconded, to table Application #2358 for reconsideration of a variance for the property located at 1422 Park Drive. Vote: Ayes 4, Nays 0. ( #10) #2363 WILLIAM H. BOCKMANN, 1130 LOMA LINDA AVENUE - VARIANCES Mr. and Mrs. Bockmann and their son were present. Van Zomeren explained that the applicant is asking for variances to tear down the existing residence and rebuild. Variances are required for lot area, average lakeshore setback, hardcover in the 75 -250' zone and a side yard setback. Planning Commission has considered the proposal twice and recommend approval of the current plan on a vote of 5 to 0. They noted that the applicant intends to care for an elderly relative in the home. The amount of excess hardcover is approximately 403 s.f. The proposed bedroom/closet/hall for the elderly relative is approximately 300 s.£, which is very close to the extra hardcover. 0 C 0 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #10) #2363 William H. Bockmann, 1130 Loma Linda Avenue - Variances - continued There were no public comments. Kelley stated the house was very ambitious for the lot. It would be much more massive than what currently exists and requires many variances. Bockmann noted that the total lot coverage was only at 11.5 %. Kelley noted the 3 -car garage added mass to the structure. Jabbour added that height was also an issue. As hardcover is limited, it forces structures to be built higher. Kelley stated there was nothing above the garage and it might be possible to use that area. Bockmann commented that the house at 1098 Loma Linda has 65% hardcover. Jabbour responded that the house was pulled back from its original location and was an improvement • from what previously existed. Jabbour concurred with Kelley that the proposed house was not reasonable for the lot. Bockmann asked if eliminating one garage would get closer to what Council would_approve. Jabbour responded that he was only proposing that and was trying to help get something that would be approved without redesigning the residence. Both Flint and Peterson agreed with Kelley and Jabbour that the house was too ambitious for the lot. Bockmann's son designed the house and indicated he has reduced the footprint as much as possible and still be able to accommodate a bedroom for his grandfather. There will be four drivers so eliminating a stall leaves two cars in the driveway. Jabbour sympathized with the applicant in providing assistance for an elderly relative, but family and financial situations are not considered hardships according to State statute. The uniqueness of the land is a hardship. Bockmann referred again to the property at 1098 Loma Linda, noting they had a similar proposal that was proposed with an elderly relative. Jabbour responded that he gave no consideration to that part of the application. 7 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #10) #2363 William H. Bockmann, 1130 Loma Linda Avenue - Variances - continued Kelley stated that he did not object to the lot area or 2' average lakeshore variances, but did have concerns about the side yard and hardcover variances. Bockmann noted the hardcover variance was only for 3 %. Jabbour commented that the side yard setback was a problem because the lot is adjacent to two roads. Kelley asked about moving the house to the north. Bockmann responded that the well is a problem. Jabbour noted that he had a call from a previous applicant who thought removing the driveway meant that he could add to the house, based on the resolution. Van Zomeren responded that site plans approved with hardcover could be added to the resolution as an exhibit but becomes cumbersome in filing the resolution on the Chain of Title. Jabbour suggested referring to structural hardcover when writing the resolution. Gaffron added that he had further comments to make on this particular situation at a later time. Bockmann asked if they need to reduce the hardcover to 25% in order to get approval. Kelley responded that he would only vote for approval at 25 %. Jabbour stated he would support a resolution eliminating one of the garage stalls. Bockmann's son asked for suggestions for a driveway configuration that would allow for parking of four vehicles. Jabbour left that up to the applicant. Kelley noted that eliminating one stall would also eliminate some hardcover in the driveway. Jabbour reiterated that the lot is not capable of supporting the proposed house. Bockmann noted the structural coverage is actually less than the amount allowed. Van Zomeren confirmed with Council that hardcover is the issue. Peterson moved, Flint seconded, to approve Application #2363 for the property located at 1130 Loma Linda Avenue eliminating the third garage stall (19' x 10') and hardcover in the driveway in front of that garage stall; and directed staff to draft an amended resolution for Council approval at the June 8, 1998 meeting. Ayes 4, Nays 0. 8 E • ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #10) #2363 William H. Bockmann, 1130 Loma Linda Avenue - Variances - continued Bockmann asked if they could add 1' to the two -car garage if they have to eliminate one stall. The two -car garage would be 21' wide. He stated that Mr. Gountanis had convinced Council that 22' was a State standard. Peterson responded that she did not wish to amend her motion. ( #11) #2365 CHRISTINE VALERIUS, 3750 BAYSIDE ROAD - SKETCH PLAN Christine and Gary Valerius were present. Gaffron reviewed the proposal to create one additional lot from a parcel that contains 3.31 acres of dry buildable and 1.2 acres of wetland, and take advantage of the wetland credit. The applicant wanted to submit a preliminary plat application but staff suggested a sketch plan because of the following issues: 1) whether the property would be considered 'sewered' since only one unit was assessed with the Stubbs Bay project, and 2) whether the City's intent with the Stubbs Bay sewer project was to create the possibility for wetland credits in the two acre zone to allow subdivision if it were not possible without the wetland credit. Since the City is proposing to take away the wetland credit, it was difficult to advise the applicant how to proceed if the credit were taken away prior to preliminary subdivision approval. Gaffron indicated another issue is that a neighboring property on Landmark Drive was given the same credit that the applicant is proposing to use. An additional sewer unit was given to the second lot and a connection charge was paid. Planning Commission reviewed the application and referred to Council noting concern about the width variance. The front lot lines proposed at the 50' setback are 185' and 214' where 200' is required. Options available to the applicant include acquiring additional dry buildable (but there is none available to make up two acres in each lot); asking Council to declare the lot sewered property, grant the wetland credit and lot width variance; requesting a rezoning; or selling a portion of the property to an adjacent owner to get the value out of the property. The applicant wants to proceed with the application as proposed and use the wetland credit. Valerius filed a formal plat application on May 21, 1998. Council needs to address the following issues: Is the property considered sewered, and if not, will Council allow it to be considered as sewered and grant the wetland credit: Should a moratorium be placed on the use of wetland credits, which would basically block the applicant's request? Is granting a lot width variance a possibility? ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #11) #2365 Christine Valerius, 3750 Bayside Road - Sketch Plan - continued Gaffron added that there would be park dedication fees and sewer connection fees totaling approximately $20,000. Gaffron confirmed that the entire property is within the MUSA boundary. Christine Valerius distributed a handout stating her position and a letter supporting the subdivision signed by the neighbors. She compared her proposed subdivision to that of Mr. Evans on Landmark Drive noting that he was only granted one sewer unit; both her lots have more dry buildable than his; he had one lakeshore lot and so does she; access is off Bayside Road for both subdivisions; standards of the LR -lA zoning district are met; and she had twice as large a buildable envelope as Evans. She referred to the 15' width variance stating that the existing driveway was the reason for the configuration. She could redesign the lot lines so that only a 1' variance would be required, but it is aesthetically more pleasing to leave the driveway as it exists. She asked Council to declare the property as sewered and grant a variance for lot width. She expressed her concern that Council was changing the ordinance at the same time as her application. i Jabbour commented that the applicant was proceeding with the thought that Council was against • her proposal. He explained that the consideration to eliminate wetland credits was a result of the recent Carpenter subdivision. The City does not want to provide a vehicle to allow greater density in the two acre zones. The City was not aware that her application was coming before Council. Gaffron confirmed that discussions about the applicant's proposed subdivision had taken place prior to Council's request to look at eliminating wetland credits. Kelley asked about the hardship for the width variance. Valerius responded that she wants to be able to sell the property and not have to change the driveway. Kelley stated he was not in favor of the subdivision and was not on the Council when the Landmark drive subdivision was approved. He did not feel the present Council was bound by decisions of past Councils. Jabbour stated that the applicant has the right to proceed with the subdivision under the existing code and she should be allowed to proceed and get the wetland credit. He added that proceeding with the application did not mean the subdivision would be approved. Peterson agreed that the subdivision request should be considered as an application prior to any code changes. 0 10 0 0 n u ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #11) #2365 Christine Valerius, 3750 Bayside Road - Sketch Plan - continued Flint questioned if there were other subdivision applications in a similar situation. Gaffron responded that the only other application he was aware of is the Brook Park Realty proposal. Flint indicated he would not oppose this proposal but did not want to set a precedent if there were more applications before the City. Gaffron reiterated that staff had advised the applicant to proceed with the subdivision as a sketch plan to provide direction to the applicant. A public hearing would be held to address the lot width variance as part of the subdivision process. Jabbour suggested that the applicant proceed with the proposal and attempt to do whatever is possible to have no variances. Valerius confirmed that the next step was to meet with Gaffron to continue with the preliminary plat application. ( #12) #2367 LAWRENCE GLEASON, RESOLUTION NO. 4082 Mr. Gleason was present. 140 HACKBERRY HILL - VARIANCE - Van Zomeren presented pictures of the house and reported that the property is in the R -1B, %2 acre district and conforms to the lot area. The applicant is requesting a side yard variance to add 6' to the existing house on the north side, which encroaches 2' into the 10' side yard setback. She noted the house is on a slope, and the proposed addition is in a logical place. The Planning Commission recommended approval on a vote of 5 to 0. Flint asked if living close to the park was a problem. Gleason responded that they love the park and enjoy the children and families who use it. They see the park as an asset. Peterson moved, Kelley seconded, to adopt Resolution No. 4082 granting a side yard variance of 2' for the property located at 140 Hackberry Hill. Vote: Ayes 4, Nays 0. - Gleason asked if he ever wanted to sell his property if the City was interested in purchasing it. Council confirmed that they were very interested. I I ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #13) #2371 TIM AND LORI LINE, 4415 FOREST LAKE LAND - CONDITIONAL USE PERMIT - RESOLUTION NO. 4083 Mr. and Mrs. Line and Blake Bichanich were present. Van Zomeren distributed pictures of the property. She reported the application was for a conditional use permit to alter the lakeside yard which is in a floodplain. They propose to scrape off 1" of topsoil and redeposit it in another area on the property. Approximately 55 yards of cut and fill is proposed. The applicant has been in touch with the appropriate agencies and received approvals. The Planning Commission recommended approval of the proposal on a vote of 5 to 0. Lori Line added that they were proposing to move fill to a low area where rip rap was. Flint asked if there were any similar previous applications or if this would be setting a precedence. Van Zomeren was not aware of anything similar. i Bichanich added that the reason they were scraping is because the Minnehaha Creek Watershed District required the size of the basin to remain the same. 70' of shoreline is being rip rapped to be able to access the area where the dock is. Mitigation is basically taking place on site. • Kelley moved, Flint seconded, to adopt Resolution No. 4083 granting a conditional use permit to allow alteration of a lakeside yard in the floodplain and redistribute above the 934.5' elevation for the property located at 4415 Forest Lake Landing. Vote: Ayes 4, Nays 0. (X #14) #2374 BUSSE CONSTRUCTION ON BEHALF OF: A. GREG & MYRA KARLEN, 630 DEBORAH DRIVE - RESOLUTION NO. 4084 Kelley moved, Flint seconded, to approve Resolution No. 4084 granting a conditional use permit for construction of a berm on the property owned by Gregory T. and Myra J. Karlen located at 630 Deborah Drive. Vote: Ayes 4, Nays 0. - B. LARRY & JAN McCARTNEY, 755 HUNT FARM ROAD - RESOLUTION NO. 4085 Kelley moved, Flint seconded, to approve Resolution No. 4085 granting a conditional use permit for construction of a berm on the property owned by Larry and Jan McCartney located at 755 Hunt Farm Road. Vote: Ayes 4, Nays 0. i 12 0 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( * 914) #2374 Busse Construction on Behalf of. - continued C. ROBERT & JULIE HANNING, 4220 SIXTH AVENUE NORTH - RESOLUTION NO. 4086 Kelley moved, Flint seconded, to approve Resolution No. 4086 granting a conditional use permit for enlargement of a berm on the property owned by Robert and Julie Hanning located at 4220 Sixth Avenue North. Vote: Ayes 4, Nays 0. D. BUSSE CONSTRUCTION, ON BEHALF OF THE CITY OF ORONO, McCULLEY ROAD PARKING LOT NORTH OF THE LUCE LINE TRAIL - RESOLUTION NO. 4087 Kelley moved, Flint seconded, to approve Resolution No. 4087 granting a conditional use permit to raise the parking lot by adding fill on the property owned by the City of Orono located at the McCulley Road parking lot north of the Luce Line Trail. Vote: Ayes 4, Nays 0. ( #15) #2375 PARK LAND CO., 2525/34/45 SHADYWOOD ROAD - SKETCH PLAN • The applicant, Joshua Aaron, and Steve Young, architect, were present. Van Zomeren distributed pictures taken from the site. She explained that Park Land Company is interested in purchasing the property and proposed a 32 unit apartment building, with an optional 4 units on the third floor. The property is zoned LR -1B in the rear along Kelly Avenue, and B -4, Office and Professional District, in the front along Shadywood Road. The property is three separate tax parcels and would require combination. The Planning Commission reviewed the application at their May meeting, and voted 5 to 0 to recommend that the existing zoning,' B -4, is the most appropriate category for the property; and that 32 units is too much density as no zoning district exists that would allow 32 units. Van Zomeren added that the property is located in the urban service area along Shadywood Road. There are policies in the Comprehensive Plan regarding housing improvement in the urban density residential district which are relevant to the sketch plan. The zoning issue is that the Zoning Code does not have a zoning district that allows this number of dwelling units per acre. Planning Commission discussed options to allow this type of development but determined that a zoning amendment would be inconsistent with the current Comprehensive Plan. 13 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #15) #2375 Park Land Co., 2525/34/45 Shadywood Road - Sketch Plan - continued Aaron commented that they would address concerns raised by the Planning Commission. He noted that 6 sewer units are available on the site. Young stated he would briefly discuss the project and ask for direction as to what would be useable on the site. They looked at reasonable uses for the property when looking at development. They felt a residential project would have less impact on sight coverage, disturbing vegetation and traffic than commercial development. It would also provide a transition between office and residential uses. The proposed density would be 14.2 units per acre, with 32 units on two floors, an underground parking garage and visitor parking above. The focus would be primarily for residents of Orono, both those who work in the area and those who may want to stay in Orono but not keep up a home. A landscape plan would fit the building to the site. Jabbour opined that the proposal was foreign to anything proposed in Orono. Flint expressed concern about traffic and parking. Young responded that 7 stalls were proposed in front for visitors. Flint felt the proposal was overbuilt for the site. Kelley and Peterson agreed with Jabbour and Flint that the proposal was too much for the site. Flint asked how Council felt about the same concept of an "empty nest" type apartment unit with less density. Jabbour noted 6 sewer units are available. Flint added that it would still require rezoning from the B -4 district. Jabbour commented that a previous proposal had been approved for a high -end graphics business with a park -like environment in the back. It would have been very low impact with low profile activities, and was an excellent proposal. Young agreed that the proposal was not like anything Orono has seen but nothing commercial is happening on the site either. Jabbour responded that Orono was not in a hurry to develop the site. Young asked for direction as to what the City would consider for the site with 6 sewer units. Jabbour responded that possibly three twin homes would work. Kelley agreed, adding that twin homes would make a nice transition. All Councilmembers agreed that an acceptable 6 unit design would be considered for development of the property. 14 • 0 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( # *16) COMPREHENSIVE PLAN AMENDMENT - MUSA BOUNDARY EXPANSION Kelley moved, Flint seconded, to conditionally approve Comprehensive Plan Amendment #7 adding certain areas near Maxwell Bay, Lake Minnetonka to the defined Metropolitan Urban Service Area (MUSA) subject to review and comment by the Metropolitan Council, and direct staff to submit the amendment to the Metropolitan Council. Vote: Ayes 4, Nays 0. ( #17) ZONING CODE AMENDMENT ORDINANCE NO. 176, 2ND SERIES Discussed after Mayor /Council Report. MAYOR/COUNCIL REPORT Discussed after Park Commission Comments. ENGINEER REPORT - ELIMINATE WETLAND CREDIT - ( *18) APPROVE ENGINEERING FOR HIGHWAY 12 /OLD CRYSTAL BAY ROAD • TRAFFIC SIGNAL Kelley moved, Flint seconded, to approve the proposal from Bonestroo Engineers for design engineering and construction monitoring services for $1,900 for installation of left turn arrows at the Old Crystal Bay Road/TH 12 Traffic Signal to be funded with Municipal Sate Aid funds. Vote: Ayes 4, Nays 0. (19) APPROVE ENGINEERING FOR HIGHWAY 12 /OLD CRYSTAL BAY ROAD TRAFFIC SIGNAL Discussed after Item #17. ( *20) REQUEST FOR PAYMENT - PUBLIC WORKS ENTRANCE CANOPY Kelley moved, Flint seconded, to approve the Request for Payment in the amount of $19,480 to Flag Builders Inc. for construction of the Public Works Entrance Canopy. Vote: Ayes 4, Nays 0. A short recess was held. 0 15 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 CITY ADMINISTRATOR'S REPORT ( #21) WOODHILL GOLF COURSE ALTERNATE ACCESS (Council Member Kelley did not participate in discussion of this issue.) Moorse reported that Woodhill Country Club is proposing to open an alternative access to the Country Club using Woodhill Avenue because traffic and construction on County Road 15 make it difficult and unsafe to exit onto County Road 15. The Woodhill Avenue access has been used at various times in the history of the Country Club, most recently from 1978 -80. Concerns were raised by the residents of Woodhill Avenue the last time the access was open. Those concerns included speed, volume of traffic and how the access was controlled by the Country Club. Letters from the residents have been submitted in strong opposition to the plan to open the access. Concerns of the neighbors are focused on safety in relation to the increased volume and speed of the traffic that would use their road. a Moorse gave a brief review of the legal background. Woodl -0 Country Club is a conditional use in a residential zone, which is permitted subject to conditions the City places on the use. The City Attorney has indicated that the addition of the alternative access should be dealt with through an amendment to the conditional use permit. If Council determines that the current . access onto County Road 15 is a significant safety issue, it would be possible to temporarily address the problem outside of the conditional use permit. The Woodhill Country Club believes they have a continuing right to the Woodhill Avenue access based on their historical use of the access. The Woodhill Country Club has estimated use of the alternative access at 20 trips per day during the weekdays and 60 trips on weekend days. The traffic level on County Road 15 is approximately 20,000 cars per day, which is high in relation to the design of the road and is the reason for reconstruction. Moorse summarized that opening the Woodhill Avenue access would provide benefits to safety in exiting onto County Road 15, but those benefits need to be weighed against the impacts on Woodhill Avenue. Mr. Dayton, representative of Woodhill Country Club, stated the only reason they are before Council is because of the extremely dangerous condition of egress and ingress onto County Road 15. There are poor sight lines and the speed limit has changed from 35 mph to 40 mph. Numerous Club members have requested help with this situation. The simple solution was to open the back road onto Woodhill Avenue. He explained that the Country Club was built in 1917 and had full access to Woodhill Avenue via the back entrance until 1980, except for short periods of time. In 1980, because of vandalism from young people driving cars onto the golf course, the Woodhill Board voluntarily closed the back road. They did not give up their rights to the road, but closed the road by putting a chain across the entrance. 16 • ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #21) Woodhill Golf Course Alternate Access - continued Mr. Dayton reiterated that the Country Club felt it was an easy decision to open the access because of safety issues for their members. They realize the neighbors also have safety concerns. These concerns have been addressed at a meeting held with the neighborhood. The Country Club has agreed to use the access only for their members and would police to that effect. The speed limit would be posted at 10 mph. During the day, maintenance people could be used to police the road for speed limit and outside usage. They also agreed to control dust by using water or other means; and to make no improvements to make it look like a permanent use. They have offered to put up signage including "No left turn". The Country Club feels it is a question of who is more at risk - a large number of elderly people on County Road 15 or a small number of children who live a substantial distance from the public road. They feel with the safety precautions they have offered, they can police the situation. They are asking for use of the access on a temporary basis until November 1. Peterson did not think opening the access was a simple solution. She questioned the traffic numbers and if Woodhill staff would use the access. Dayton replied that staff would not use the access, and it would only be open during the daylight hours until 8:00 p.m. She asked if 20 cars during the weekdays was a reasonable estimate as it seemed low. Dayton replied that he was • unsure, but that Woodhill is not overly used. 40 Mr. Albrecht added that during the week on a Tuesday there could be 15 -40 golfers, many coming from the east. An average Wednesday would be 40 golfers. Thursday is Ladies Day and there may be some guests. Friday is an up and down day. Saturday and Sunday could have 130 - 180 golfers from the area. He noted that all the golfers would not use the Woodhill access. In 1978 -79 the City did a traffic count indicating 25 - 60 golfers a day. Dayton added that the membership levels are the same today as in 1978. Jabbour asked why the road was opened in 1978. Moorse responded that historically the road had been opened and closed a number of times, the most recent being 1978 -80. There was no action taken by the City, the road was just opened. Larry Ackman, counsel for Woodhill Country Club, commented that he had talked to -a 92 -year old member of the Club who stated the access had been open his entire life. Ackman also talked with Ralph Bagley and Bob Searles who also confirmed that the access has been open. Gates have been used to open and close the road for various reasons. 17 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #21) Woodhill Golf Course Alternate Access - continued Flint commented that it seemed there was too much usage proposed for the access road when the greatest problem was during rush hour. There may be ways to get around the problem, such as limiting the hours, to address the safety concerns that Woodhill perceives. Ackman responded that there wouldn't be much usage of the Woodhill Avenue road during the week. He agreed that the afternoon, when traffic is coming out of the City, is a dangerous time. Flint expressed concern that leaving the Woodhill Avenue access open during the suggested hours could become a convenience factor rather than a safety factor. Ackman stated the reason the issue is before the Council is because Woodhill believes they have the right to use the access. Limiting the hours would be cumbersome. Jabbour commented that Council understands the Country Club's belief that they have the right to use the access. He added that in the past year, the City has taken the position that major activities would be accessed using a major thoroughfare, i.e. Spring Hill Golf Course. Ackman responded that Spring Hill is being permitted while Woodhill already exists, and they are trying to meet the exigency of the current situation until November. Jabbour asked if the Country lub would consider a trial period where the City would request • Y p the County to repost the road at 30 mph. The Country Club could also supplement by policing. Lord Fletcher's is in a similar situation and uses two off -duty police officers. This may help to alleviate the problem rather than transferring the traffic to another area. Jabbour expressed concern that once the access is opened, it would become a permanent situation. Public safety is a major concern. Dayton noted that an additional problem will result when the County installs a culvert under the Woodhill driveway. Bruce Malkerson, 901 Marquette, representing the neighborhood group on Woodhill Avenue, highlighted some points from his letter of May 22, 1998. - In 1968 the Club became a legal, non - conforming use. The Club has applied to the City for a number of conditional use permits over the years for specific projects, but not for the whole club to become a conditional use. As a non - conforming use, the Club cannot intensify or enlarge its use. 18 0 0 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #21) Woodhill Golf Course Alternate Access - continued Assuming the road was legal at one time, by closing it, even voluntarily, the Club lost its legal status to the road. The code states that once a non - conforming use is discontinued, legal rights are lost. Any use thereafter would have to be in conformance with the current zoning code. Orono's Comprehensive Plan protects residential areas in not allowing commercial traffic to go through residential areas. - Orono ordinances require issuance of a driveway curb cut permit. Only one access for business development is allowed unless approved by Council. No part of any driveway shall be constructed within 100' of a corner in a residential district. Code doesn't provide for variances. Malkerson referred to his letter of May 26 and highlighted the following points: Woodhill Country Club has taken the position that it is not a business and is therefore not subject to the driveway regulations. Malkerson stated the Club is a business as defined by the Zoning Code. The Club closed the access to Woodhill Avenue and therefore abandoned the road. • A traffic report done by James Benshoof, an expert in the field, concluded that the Woodhill Avenue access should not be open on a temporary or permanent basis. The Club's use of Woodhill Avenue would be unsafe and there is no demonstrated • need to use Woodhill Avenue. Malkerson stated there were other ways to address the traffic issues. There would be a few golfers who actually have to wait during rush hour. By adjusting their times, they could avoid some of the problems. A report done by a residential appraiser with 20 years of experience indicates that a temporary or permanent opening of the access will have an adverse affect on the property values along Woodhill Avenue and Orono Orchard Road. Malkerson summarized that the issue seemed to be a question of convenience for a few members. He felt people could adjust to avoid rush hour which would be better than opening the road. It would also set an adverse precedent for taking a non - confirming use that has lost all legality to become legal. If Council approves a temporary access, he would like to suggest conditions. Jabbour commented that the Woodhill Country Club has been good for the community. Jane Delaney, 1315 Woodhill Avenue, canvassed the neighborhood including Orono Orchard Road and connecting roads, and submitted a petition opposing the opening of an access from the County Club to Woodhill Avenue. 19 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #21) Woodhill Golf Course Alternate Access - continued Charles Maille, 1260 Woodhill Avenue, stated he was a concerned parent with their only access onto Woodhill Avenue. He felt there was no debate that traffic would increase on Woodhill Avenue if the access were opened, threatening the safety of his children. He feels it is the duty of the Council to protect the children of Orono. He referred to a letter from the Woodhill Country Club in the packet indicating the Country Club wants to be a good neighbor, but good neighbors don't take actions that endanger children or reduce property values. He opposes even a temporary access. He has met with Chief Cheswick on the site. He requested that further study be done if there is any thought to opening the access. If the access is opened even temporarily, the Country Club should be forced to complete the normal planning process to ensure safety. 0 Jerry Storch, 1245 Woodhill Avenue, stated that he moved to the neighborhood about 5 years ago from Boston and has three young children. He did not find it acceptable to solve one problem and create another. He presented a diagram suggesting an alternate exit from the Country Club by making right hand turns. He also expressed concern with alcohol being served at the Club, and then drivers using the road in a neighborhood with children. He felt the issue involved the rights of individuals vs. a large institution, individual homes vs. convenience for members, and property values vs. recreation. He also felt opening the access would fundamentally change the character of the neighborhood. He requested that Council look at limiting the hours the access • would be open, if they decide to allow the Club to use the access. Shelly Storch, 1245 Woodhill Avenue, presented photos of the area. She noted a puddle that creates a drainage problem. She felt that traffic sight lines were significantly worse at Orono Orchard Road and County Road 15 than on County Road 15 and Woodhill Road. She expressed concern with the traffic numbers and felt they were significantly less than would be expected today. She commented on a 2% increase in traffic at Orono Orchard Road and County Road 15 that was mentioned in the staff report. There was no mention of a complementary reduction in traffic at the Country Club's entrance. She felt this may be just trading the traffic from one intersection to another. She was concerned about the safety of children and vandalism. She thought there may be more vandalism today than in 1978 because there may be more kids with cars that are out late at night. The City has indicated their concern to address an emergency. She stated that construction has been going on for more than a year with no emergency. Solutions she suggested include changing the barriers on County Road 15 to something permeable, using flag men, or telling members to only make right turns. A response that she received from the Country Club was that this is a convenience issue and that members didn't like waiting in traffic. She requested that the City table the issue so that further study can be done. 20 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #21) Woodhill Golf Course Alternate Access - continued If the access must be opened, she requested that it be done safely, use a gate that forces members to stop - possibly guarded 24 hours a day and limiting the hours of use. It would be her wish to see the access permanently closed and reforested rather than just using a chain. John Welsh, 1250 Woodhill Avenue, reiterated the concerns of his neighbors. He was impressed with Council and their desire to protect the City. He stated he bought his property for privacy and the wooded area and would like it to stay that way. He added that more traffic would harm his economic value, and he is concerned with child safety. Mike Wood, 1230 Woodhill Avenue, stated he and his wife Judy were sympathetic to the safety issue. They felt Woodhill's intentions were well meant but they believe they were precipitous and further investigation should be done. They feel accessing County Road 15 from Orono Orchard Road is actually more hazardous. The major concern for Woodhill is the left turn out of Woodhill during rush hour. This limits the main problem to 4:30 p.m. - 6:30 p.m. Alternatives such as better signage and flagmen are good ideas. Unlike Spring Hill Golf Course, Woodhill is a social club as well, so the traffic will be higher on Woodhill Avenue than the • suggested 20 cars per day. He counted 120 families who live north and west of the Country Club who could use the Woodhill Avenue access. Citing the golf use of the Club is not accurate as there are many social events as well. He felt the way the access was opened was outrageous with no notice to the Planning Commission, Council, Woodhill Board or to the-members. This was contradictory to the spirit of being a good neighbor. Steven Webster, 500 Orono Orchard Road, stated that speed has been an issue on Orono Orchard Road and more traffic will create a greater impact. He would also feel extremely bad if someone were killed on County Road 15 as a result of this situation. He suggested a stipulation that the road be vacated after the construction on County Road 15 is completed and returned to a natural environment. He does not want to see any increase in traffic, and the road needs more policing. He added that intoxication is an issue and thought a guard at the exit might provide some additional policing. Jabbour noted that the road was the property of the Country Club and asked if Webster was suggesting it be given to the City. Webster responded that it should be divided among the properties that border the road. Ackman stated that the Country Club respects the concerns of the opposers, but there is a tendency to exaggerate. He thought legal principles should be discussed in another place. He pointed out that part of the road accesses Woodhill Ridge. The owners of those properties knew of the access when they purchased their homes. There are actually only three houses on Woodhill Avenue, the other houses are up the hill even though they bear a Woodhill Avenue address. Ackman reiterated that the access is proposed as a temporary opening. 21 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #21) Woodhill Golf Course Alternate Access - continued Malkerson responded to comments made by Ackman. He stated that he had 25 years of specializing in municipal and zoning laws, and he had never been accused of being selective in his choice of legal arguments. Jabbour expressed his concern for the #1 issue of public safety. He would not yield zoning to public safety, nor would he count petitions or votes, or who could get hurt, when making a decision. There is nothing in Orono's ordinances that would allow the City to require reforestation. He believes that opening the Woodhill access would not alleviate the problem, just shift it, and that it would not actually result in a safer environment for either the Club members or the neighbors. He stated he was committed to finding a better solution. He understood that once a non - confirming use was abandoned for 1 year or more, the use could not be reinstated. He was concerned that the temporary opening could become permanent. He also suggested slowing traffic on County Road 15 and policing during peak hours as possible solutions. Peterson reiterated that it was not an easy decision as to whether or not Woodhill Club members would be allowed to access off of Woodhill Avenue. Safety is a major issue for her as well. The entire strip of County Road 15 is a safety issue for the 20,000 cars each day as well as the members of the Country Club. She questioned if opening Woodhill Avenue as a temporary • access would solve the problem. She thought the City may be able to work with the County on the barricades to improve visibility. She stated she would not support the Woodhill Country Club in their decision to open the Woodhill Avenue access. Flint thanked the Woodhill Country Club for not filling the Council Chamber with Woodhill supporters. He complimented both the Woodhill group and the residents on their presentations. He agreed that access to County Road 15 is a difficult issue. He would be willing to have City staff work with Hennepin County to provide a safer ingress and egress both at Woodhill Road and Orono Orchard Road. He would also favor opening access to Woodhill Avenue from 4:30 p.m. - 6:30 p.m. on Tuesday thru Friday, if it did not prejudice the City's legal position. Jabbour asked the Country Club if there was any benefit in limiting the hours. Dayton thought there would be since rush hour is the worst time. Barrett stated the City has both the inherent authority and right to make a decision regarding the access. As a legal issue, he would suggest signing an agreement with the Club if the City decided to proceed with Flint's suggestion, stating that the Club agrees not to assert that the opening of the road on a temporary basis creates the legal right to access. 22 0 n U ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #21) Woodhill Golf Course Alternate Access - continued Jabbour suggested the City work with Hennepin County to reduce the speed on County Road 15 to 35 mph, ask the Police Chief to increase patrol in the area, and work with the County on improving the barriers and signage. Dayton asked what the cost per hour is to hire an off -duty police officer. Moorse replied that it was $39/hour. Dayton asked if it would take approval of the full Council to hire an officer. Jabbour responded that it would not, and the Club could work with the City Administrator. Dayton noted that an officer may increase the problem because of the way they park, making sight lines worse and slowing traffic down. Peterson agreed. Jabbour suggested taking no formal action but working on the suggested solutions to see if there is any improvement. Peterson asked for clarification as to what would be done. Jabbour listed the following action: • - Ask the City Administrator to talk with Hennepin County about changing the speed limit to 35 mph. - Ask the City Administrator to explore alternative ways to egress and ingress both Woodhill Avenue and Orono Orchard Road. - The city Administrator will try to accommodate Woodhill Country_ Club in providing police officers for the price the contract cities pay; and ask Orono officers to increase the police patrol of the area. - The temporary access will remain closed. Jabbour commented that the present Councilmembers were not in support of a permanent access. One member of the Council members would support a temporary access with limited hours. Jabbour felt the fourth Council member should be present before formal action is taken. Dayton confirmed that the Country Club would try these measures for two weeks and see if there were any improvements. A resident asked who would evaluate the solutions, and if the Country Club comes back in two weeks and finds the situation has not improved, what would be the next step. Another resident asked why Council was not voting on the issue at the current meeting. • 23 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #21) Woodhill Golf Course Alternate Access - continued Jabbour responded that Council was almost split. He wanted to have Council member Goetten present as she lives in the area. Flint indicated that if the issue comes up again, there will be a notice sent to the neighborhood. He suggested leaving the issue up to Woodhill to bring back to Council if they find the need to do so. Malkerson agreed that it would be best to provide notice to the neighborhood if Woodhill decides they need to have further consideration on the access issue. ( #22) COUNTY ROAD 6 RIGHT -OF -WAY ACQUISITION AND ROBERT AND JULIE HANNING SUBDIVISION PLAN AT 4220 SIXTH AVENUE NORTH Moorse reported that the subject property is 10+ acres in the 5 acre zoning district. When the County Road 6 project begins, the County will acquire a portion of the property for right -of -way. The property will still be 10+ acres but the way the home is situated on the lot creates a problem in configuration for a subdivision. The issue came up early in the discussions of the County Road 6 project, and Council indicated they would consider some sort of approval of a second buildable lot on the property, if the right -of -way would reduce the property to less than 10 acres. The issue has become that the lot they want to create, because of the location of the existing • house, is less than 5 acres even though the right -of -way does not reduce the property to less than 10 acres. Normally Council hasn't approved lots less than 5 acres in a new subdivision. A survey showing a potential subdivision indicates that one lot would be 4.17 acres. The Hannings wish to keep a meadow with their existing home. Even without the right -of -way taking, the lot would be substandard. To create two 5 acre lots, gerrymandering the line is necessary, the meadow is lost, and the lot goes behind the existing buildings. Since Council had indicated a willingness to consider options, the Hannings are looking for direction as they are currently dealing with the County. Jabbour stated that Council took the position that the City would not cause the Hannings to have an unbuildable lot because of the right -of -way acquisition. He did not understand that the location of the building would be a problem. He asked about obtaining additional property from an adjacent parcel. Moorse responded that there is an NSP easement along the back of the property. Kelley asked how the property would have been subdivided without the County right -of -way. Hanning responded that he had the property surveyed 6 -8 years ago by Coffin and Gronberg, but is unable to find the survey that was done. Moorse confirmed that the property is 14 acres but only 10+ dry buildable acres. 0 24 0 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #22) County Road 6 Right -Of -Way Acquisition and Robert and Julie Hanning Subdivision Plan at 4220 Sixth Avenue North - continued Hanning noted that this is the second time the County has taken a portion of this property. Jabbour felt the Council should take the position that anything the County has taken should not render the property as an unbuildable lot. Kelley agreed, giving the example that if the County takes 1/4 acre, only 4 3/4 acre should be required for a buildable lot. Hanning asked about driveway access. Kelley thought the County would appreciate one curb cut for both properties. Kelley suggested a small outlot on the larger parcel to serve both parcels. Flint asked why an outlot should be created rather than granting an easement. Kelley responded that it would be up to Hanning to decide which option would be better. Jabbour noted three problems as follows: 1. If the County is taking part of the property, is there still a buildable lot? The consensus has been that whatever is taken out will be reduced from the required lot size. 2. How can the City make the assurance that there are two buildable lots to the • Hannings? 3. How would the final subdivision be configured? is Barrett asked if the concession of reducing the 5 acre minimum by the amount that the County takes is a form of compensation. Jabbour thought it would be. _ Flint asked why the Hannings did not want to proceed with the subdivision at this time. Hanning responded that if he did the subdivision now, it reduces his future options. He may choose not to ever do the subdivision, his property taxes are affected, and the value of his home may be lowered. Kelley felt the Hannings were taking a risk since the current Council could not bind future Councils. Barrett stated that to get some type of binding contract, an agreement would have to-be made with the County. Jabbour added that the right -of -way was only 22,000 s.f. If that were divided between two lots, a reduction of 11,000 s.f. is very minimal. Hanning responded that it may not seem like much but could make a difference. Moorse added that the right -of -way is proposed at 1/4 acre, just over the top of the berm. 25 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #22) County Road 6 Right -Of -Way Acquisition and Robert and Julie Hanning Subdivision Plan at 4220 Sixth Avenue North continued Jabbour suggested Hanning work with staff and come back to the next Council meeting on June 8 with a better plan. Gaffron should find out from the County exactly what will be taken for right -of -way. Hanning asked if a park fee would have to be paid if he subdivided now. Jabbour responded that the maximum would be $4,900 for the additional unit. Gaffron explained that if the value of the second parcel is $61,000 or more, the maximum amount is $4,900 for the park fee. ( #23) REQUESTS BY THE ADJACENT PROPERTY OWNER RELATED TO THE ACQUISITION OF THE TAX FORFEIT PROPERTY AT 1960 SHORELINE DRIVE • Moorse explained that Mr. Crear, owner of the property at 1980 Spates Avenue, would like to purchase the tax forfeit parcel at 1960 Shoreline Drive. Council waived the sewer assessment by resolution when the parcel was released for sale to adjacent property owners, based on the fact that the lot would not be buildable. An additional special assessment of approximately $5,000 was discovered that is related to legal fees incurred in the review of a planning application from • a prior owner. The City was successful in fighting the application but was unable to collect the cost from the prior owner. Mr. Crear is asking to have this assessment forgiven. Crear added that he could not combine the tax forfeit parcel with his homestead property because the mortgage company wouldn't allow it. Moorse suggested a covenant be drawn up to address the issue. Kelley asked what Crear planned to do with the tax forfeit parcel. Crear responded that he planned to plant trees. He added that the University of Minnesota was interested in using the property as a test site for bio- remediation and how chemicals react with the soil. Kelley asked how Crear intended to block the road noise as the building currently provides a buffer. Crear responded that the existing fence would not be removed until something was built to take its place. Kelley asked for a sketch plan from Crear and stakes showing the property lines. Crear noted that Hennepin County was going to take a portion of the property. 26 • E ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #23) Requests by the Adjacent Property Owner Related to the Acquisition of the Tax Forfeit Property at 1960 Shoreline Drive continued Kelley asked if the City has the right to have the Public Works Department tear down the existing building. Crear responded that according to Hennepin County the City can remove the building. Crear responded that he was willing to take the money that it would cost him to remove the building and make a tax deductible contribution to the hockey arena if the City would remove the building and asphalt. Jabbour thought this was a good idea. Moorse responded that the Public Works staff does not regularly do that type of work, most of the cost involved in removing the building has to do with disposing of the debris, and the Public Works staff has higher priorities at this time. Crear agreed, noting that Blackowiak had indicated the cost of dumping would be high. Jabbour moved, Flint seconded, to forgive the assessment owed to the City providing that an agreement is reached stating that the property will not be used for anything but a use in conjunction with the property owner's homestead residence. A sketch of the proposed improvements should be submitted to the City. Vote: Ayes 4, Nays 0. • Jabbour directed staff to look into the cost of removing the building, providing staff has time and there is no cost incurred by the City, and proceeds would go to the Orono Hockey group. PARK COMMISSION COMMENTS Irene Silber reminded Council members of the park tour scheduled for June 1 at 5:30 p.m. Silbur reported tree damage at Antoinne Park, but this will be cleaned up prior to the tour. A ribbon - cutting ceremony will be held during the tour to dedicate Antoinne Park. A crab apple tree was planted in honor of David Beal. MAYOR/COUNCIL REPORT Jabbour updated the Council on Saga Hill. Flint and Jabbour met with the Church regarding the park concept and joint use of the parking lot. The Church wants to be a good neighbor to both the City and the neighborhood. The Church group toured Bederwood Park, Lee Carlson fields, French Creek Preserve so they have an idea of what the parks in Orono look like, and they liked the concepts with children playing. The City has some options such as obtaining a vacant lot that is for sale behind the Church or vacating an easement on the Church property. Flint added there was an area where the easement runs through the Church property that would be ideal for a ball park. This would suggest that buying the other property and trading would be a good option. Silbur responded that a neighborhood meeting was planned for Wednesday evening and she • would pass along some ideas. 27 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 Mayor /Council Report - continued Jabbour stated his vision for the land Orono has obtained from Hennepin County is an active park surrounded by a passive park. Flint added that an active park would be a concept similar to Bederwood park. Kelley asked if Minnetrista should be contacted to see if they have any interest in participating in this park as they have residents who would also use the park. Flint thought there were already many players and it may be better to proceed without anyone new. Kelley thought some financial help might be a consideration if there was interest in buying the lot that is for sale. Jabbour added that the asking price of the lot (approximately 3/4 acre) is $79,000. Jabbour asked that Council take action to seek access to the park. All Council members agreed. Silbur agreed, both as a neighbor and Park Commissioner. Flint stated that a motion had been made regarding the approval of the grant application with the condition that satisfactory access is obtained. Jabbour suggested the next step as a public information meeting with the neighbors at the next Council meeting. • Jabbour commented that during the meeting with the Church group, a member of the Mound City Council indicated that Hennepin Parks has a potential desire to take over the Dakota Rail line for a trail. He suggested talking to Spring Park, Mound and Minnetonka Beach about this possibility. Kelley questioned if the corridor should be left for light rail use. Flint confirmed that the rail runs from Wayzata to Hutchinson. Kelley distributed an article from the Sun Sailor showing how events of the past affect the future. Kelley asked for a report on the recent storm from the Police Chief indicating what worked, what didn't work, and what changes would be recommended. He also questioned the location of the civil defense sirens. Jabbour complimented the Public Works Department on their work but was concerned about the number of generators available to handle lift stations. Kelley added his concern that priorities are established with NSP, possibly lift stations need to be considered. In his contacts with NSP, they indicated that the number of houses without power and life threatening situations are how priorities are determined. 0 28 • ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 Mayor /Council Report - continued Gappa reported that the City had at least 30 lift stations down at one time with only 5 generators available. The City is looking at purchasing additional generators. Kelley suggested a contingency plan be established to share or loan generators in emergency situations. Jabbour complemented the City Administrator on establishing a brush site for storm damage. It was helpftil to citizens to have commercial contractors allowed to use the site as well as property owners so that contractors from outside the Metro area could work in the City. Flint suggested an early starting time when the Council agenda is difficult. Moorse responded that it would be possible as long as notice was posted. Council members suggested doing business other than land use applications prior to 7:00 p.m. ( #17) ZONING CODE AMENDMENT - ELIMINATE WETLAND CREDIT - ORDINANCE NO. 176, 2ND SERIES Gaffron explained that the proposed ordinance would eliminate the ability to credit wetland • acreage toward development density in sewered areas. It would allow the flood fringe area that is not wetland to continue to be credited as a dry buildable area. It also formalizes the policy that in back lot situations, wetlands can be credited toward the extra 50% requirement. Council had suggested removing wetland credits from all zones, not just the 2 and 5 acre zones, since tieing sewered lots to the density credit didn't make sense any longer. _ Jabbour asked for an explanation of how the manmade stormwater ponds were given credit. Gaffron responded that in the Waade plat it was for the 50% credit for a back lot situation. Gaffron explained that the existing developments that have used the density credit since 1970 shall be considered legally non - conforming as to lot area or density per their original approval. A variance would not be required for an improvement to such properties. This ordinance would have eliminated the density credit for the Brook Park application. Flint moved, Kelley seconded, to adopt Ordinance No. 176, 2nd Series, amending the City of Orono Zoning Code Section 10.55, Subdivision 15(A) regarding the use of wetlands and flood fringe areas for development density credit. Vote: Ayes 4, Nays 0. • 29 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #19) PURCHASE OF PATCH TRUCK Gappa explained the request for purchasing a patch truck. The City currently does street patching but inefficiently. Hennepin County has a patch truck with heated box and tack oil that works well. The truck is proposed for the 1999 budget. The minimum delivery time is 7 months and the City would like to place the order so the patch truck can be used in the early spring of 1999. Jabbour moved, Flint seconded, to authorize the purchase of a new asphalt patching truck from Boyer Ford of Minneapolis for $42,079, and the purchase of a heated asphalt box from Ruffridge- Johns of Minneapolis for $38,959 with delivery in January 1999. Funding to be from the 1999 Improvement and Equipment Outlay Fund. r� U Flint questioned if the capital cost of this equipment could be shared with neighboring cities. Gappa responded that the days Orono was not using the truck, it could be rented to other cities. Flint agreed but noted that it didn't help with the initial cost. Flint was not opposed to placing the order but thought other communities could be contacted. Gappa stated that equipment is often borrowed back and forth. Jabbour suggested that information be sent out that Orono is purchasing a patch truck so that other cities are aware they could borrow from Orono, and possibly allocate their money for a different purchase. Jabbour and Peterson agreed that it would be difficult to find another city who would be willing to share the capital outlay, but many would • be interested in renting the equipment. Vote: Ayes 4, Nays 0. ( * #24) EXTENSION OF LEAVE OF ABSENCE FOR OFFICER THOMTON Kelley moved, Flint seconded, to extend the leave of absence for Officer Mark Thornton through June 8, 1998. Vote: Ayes 4, Nays 0. ( 425) RESOLUTION COMMENDING EFFORTS OF CITY STAFF, ASSISTING AGENCIES AND CITIZEN VOLUNTEERS IN RELATION TO THE DAMAGE FROM THE MAY 15 STORM - RESOLUTION NO. 4088 Kelley moved, Flint seconded, to approve Resolution No. 4088 commending efforts of City staff, assisting agencies and citizen volunteers in relation to the damage from the May 15, 1998 storm. Vote: Ayes 4, Nays 0. 30 • ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 CITY ATTORNEY, S REPORT Tom Barrett had no further report. ( * #26) LICENSES Kelley moved, Flint seconded, to approve the following licenses. Vote: Ayes 4, Nays 0. Special Event Permits Boat Sales Inc., dba King's Cove Boat Sales Boat Show 1449 Shoreline Drive, Minnetonka Boat Works May 29 -31, 1998, 8:00 a.m. - 6:00 p.m. Garbage & Refuse Collector's License Douglas Hawkinson Cleanway Sanitation Donald Rachel Veit Container Corp., dba Veit Disposal Systems ( * #27) BILLS Flint moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT Flint moved, Peterson seconded, to adjourn at 11:58 P.M. Vote: Ayes 4, Nays 0 ATTEST: Linda S. Vee, City Clerk is 31