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HomeMy WebLinkAbout07-27-1998 Council Minutes• ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, City Engineer Tom Kellogg and Recorder Lin Vee. Mayor Jabbour called the meeting to order at 7:00 p.m. ( #1) CONSENT AGENDA Items 8, 9, 10, 11, 12, 14, 15, 16 and 17 were added to the Consent Agenda. Goetten moved, Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. ( #2) PRESENTATION BY AUDITOR REGARDING ANNUAL COMPREHENSIVE FINANCIAL REPORT Tom Kuehn, Finance Director, and Ken Malloy of Malloy, Montague, Karnowski, Radosevich and Company were present Mr. Malloy summarized the City's 1997 financial audit that was completed in May. He noted two findings related to compliance with Minnesota Statutes: 1) Unsuccessful bids were not kept on file; and 2) Investment brokers were not provided with a written statement of investment restrictions of the City prior to investing with the broker. In response, the City will retain all bids, and the required notification will be sent to all brokers with which the City invests and written acknowledgement from the brokers will be obtained. Mr. Malloy highlighted several areas of the Management Report. 1. Statewide Trend - Orono typically receives a higher percentage of its General Fund revenue from property taxes than the average Minnesota city. 2, Tax Capacities & Rates - The tax rate in Orono is lower than the average Minnesota city. 3. General Fund - The Fund Balance has increased as a result of revenues being significantly higher than budget. 4. Cash Flow - Cash flow has been consistent over the last three years and has always remained positive. 0 1 ORONO CITY COUNCIL MEETING • MINUTES FOR JULY 27,1998 ( #2) PRESENTATIONBYAUDITOR REGARDING ANNUAL COMPREHENSIVE FINANCIAL REPORT - continued 5. General Fund - Revenues were higher than budget due to a high level of permit activity. 6. Enterprise Funds - Sewer funds have increased while there was a drop in the water fund, due to the cool and wet summer in 1997. The golf course operating fund has remained steady. 7. At the City's request, suggestions for completing the audit earlier were listed. 8. Elimination of Deferred Compensation Agency Funds - Since the laws regarding deferred compensation have changed, the Deferred Compensation Agency Funds were closed. 9. GASB Reporting Model Project - This reporting model will be implemented over the next several years and is similar to financial reporting used in the commercial sector. 10. Year 2000 Planning - Ensure that all areas affected by dates are compliant. Mr. Malloy also noted that very few audit adjustments were required. Mayor Jabbour noted that the Certificate of Achievement was received for the tenth year and commended staff for their work. ( #3) KELLY COVE JOINT USE DOCK LICENSE - Review follows Item #6 APPROVAL OF MINUTES ( * #4) REGULAR MEETING OF JULY 13,1998 Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of July 13, 1998. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS There were no comments. LAKE MINNETONKA CONSERVATION DISTRICT - LIM McMILLAN, REPRESENTATIVE McMillan was not present. 2 40 0 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 PLANNING COMMISSION COMMENTS - DALE LINDQUIST, REPRESENTATIVE Commissioner Lindquist had no comments. PUBLIC COMMENTS There wee-;: no public comments. ZONING ADMINISTRATOR'S REPORT ( #5) #2340 ROBERT WAADE, 3280/3290 NORTH SHORE DRIVE - FINAL PLAT APPROVAL & CONDITIONAL USE PERMIT - RESOLUTION NO. 4125 & 4126 Goetten moved, Peterson seconded, to adopt Resolution No. 4125 approving the plat of Maxwell Landing for Robert and Iris Waade. Vote: Ayes 4, nays 1. Kelley voted against the proposal because he had previously opposed the application. • Goetten moved, Peterson seconded, to adopt Resolution No. 4126 granting a conditional use permit for duplex use for the property located at 3280/3290 North Shore Drive for Robert and Iris Waade. Vote: Ayes 4, nays 1. Kelley voted against the proposal because he had previously opposed the application. ( #6) #2368 KIRK OTTESON, 710 NORTH ARM DRIVE - VARIANCES - RESOLUTION NO. 4127 Mr. and Mrs. Otteson were present. Van Zomeren reported that the application is for a second floor addition that would require top of bluff setback, average lakeshore setback and hardcover variances. Planning Commission expressed concerns about the top of bluff setback in relation to the ravine. The most recent proposal requires no further encroachment into the top of bluff setback or the average lakeshore setback than what currently exists. Staff has recommended that the driveway and sidewalk remain as there are safety issues for exiting the property. Planning Commission reviewed the proposal at three meetings and recommended approval of the current request. Goetten noted that she had attended two of the Planning Commission meetings, and both the applicant and Planning Commission had worked hard to develop a plan that would be best for the property. is 3 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ( #6) #2368 KIRK OTTESON, 710 NORTHARMDRIVE - VARIANCES- RESOLUTION NO. 4127- continued Kelley moved, Goetten seconded, to adopt Resolution No. 4127 granting top of bluff, average lakeshore setback and hardcover variances to allow a second story addition to the existing residence located at 710 North Arm Drive. Vote: Ayes 5, Nays 0. ( 0) KELLY COVE JOINT USE DOCK LICENSE - SCHEDULED PUBLIC HEARING 7:30 P.M. - 8:58 P.M. John Kupfer was present representing the Kelly Cove joint use dock license application. Gaffron explained that the Kelly Cove Homeowner's Association (KCHA), the owners of four duplex units at 2497 -2503 Kelly Avenue, have made an application to relocate their joint use dock system from Outlot A, Navarre Cove to Outlot A, Kelly Cove. The KCHA would like to move the existing dock system closer to the duplex units and avoid crossing Lot 3 to reach their docks. 0 Gaffron gave a brief history noting the following points: • - In 1958 dredging was approved in the lagoon through DNR permits. - Dredging continued in 1969 to increase the lagoon. - In 1976, the 6 acre parcel was divided into three single family lots. - Duplex conditional use permits were granted in 1977 for the larger, 3 acre parcel. Three buildings, each holding two units, were constructed totalling six dwelling units. A joint use dock license was approved for six slips, one for each dwelling unit, although the request was for twelve slips. Planning Commission and Council limited the docks because of the impact on the neighborhood and environment of the lagoon. The location of the docks was chosen to avoid crossing the wetland to get to the docks. - In 1979, the lot with three buildings was divided into three separate lots with a building on each lot. Lots 1 and 2 had easements over Lot 3 to reach Outlot A where the six slips were located. A replat was done in 1984. Lots 1 and 2 became Outlot A, and Lots 1, 2, 3, and 4, Kelly Cove so that each half of the duplexes could be sold separately with a commons outlot. In the spring of 1998, the City approved reconstruction of a duplex at 2505/2507 Kelly Avenue. 4 LJ 0 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ( 0) KELLY COVE JOINT USE DOCK LICENSE -SCHEDULED PUBLIC HEARING 7 :30 P.M. - 8:58 P.M. - continued Gaf -ron explained diagrams of the existing and proposed dock systems. The proposed system would be 56' out from the shoreline with slips at 32' in length and 13' in width. Gaffron indicated that all property owners abutting the lagoon were notified at Council's direction to hold a public hearing. Staff had received comments and letters from some neighbors. Gaffron explained the LMCD regulations for joint use docks. Single family lots are allowed four boats regardless of the lot width. Therefore, 4 slips are allowed for the 4 duplex units, and the single family lot would be allowed an additional 4 slips. This moves the number of boat slips allowed from 6 to 8, creating issues related to increased traffic and the environment in the lagoon. If the City wants to continue to allow only 6 slips, Lot 3 would only be allowed 2 slips rather that the 4 slips it would be allowed as a single family lot under the LMCD rules. Jabbour explained that the LMCD allows any lot on Lake Minnetonka to have two boats • belonging to anyone or 4 boats if they are registered to the lot owner, providing the dock setback is met. Although Orono does not allow dock rental, it is extremely difficult to enforce. The LMCD requires a conditional use permit for more than 4 docks. At that point, one dock is allowed for each 50' of shoreline. Jabbour expressed concern about the quantity and size of boats entering the lagoon, and how they impact the navigation and ecology in the lagoon. Kelley questioned the total number of lots on the lagoon. Gaffron confirmed that there were 6 additional lots in the lagoon and reviewed an aerial photograph of the area depicting the various dock systems. Jabbour questioned the size of boats that use the lagoon. Kupfer responded that the largest boat is 30 -32' in length and 12 -13' in width. The present dock system for the KCHA is 44' long with 28' and 22' between the docks. Jabbour noted the boats that are docked on the outside would be outside the outlot boundaries. Jabbour opened the meeting to public comments. Rick Sheridan, 253 East Lake Street, Wayzata, representative of Brad Hoyt (owner of Lot 3) commented that an agreement between Hoyt and the KCHA to vacate easements and sell the . outlot would not need the City's approval. Jabbour responded that the KCHA would lose their riparian rights because of the conditions of the duplex use. 5 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ( #3) KELLY COVE JOINT USE DOCK LICENSE - SCHEDULED PUBLIC HEARING 7.30 P.M. - 8:58 P.M. - continued Barrett indicated that the City has two laws governing the docks. The City has the right to grant a joint use dock license if the LMCD standards are met, and the conditions of the conditional use permit were established with the subdivision. Gaffron added that Resolution No. 892 was adopted in 1978 granting a joint use dock license. The resolution approving the subdivision and conditional use permit required that the docks be located on Outlot A. Kelley reiterated that the duplex owners would be in a position to lose their lake rights if they agree to sell Outlot A. Sheridan asked what effect the 1984 replat had on the conditional use permit. He felt the City was denying the property owner the right to the highest and best use of his property by not allowing Outlot A to be combined with Lot 3. Jabbour responded that the City must abide by their ordinances. 0 Goetten asked in what capacity Sheridan was representing Mr. Hoyt. Sheridan responded that he was Mr. Hoyt's attorney. • Sheridan responded to an earlier question about the development of Hoyt's lot. He was unable to confirm if single family or duplex development was planned for Hoyt's lot. Van Zomeren confirmed that a recent application approved a conditional use permit for duplex use on Lot 3. A code amendment was also adopted regarding duplex use. Sheridan commented that Mr. Hoyt wants to have an option to develop Lot 3 as a single family residence, and an outlot at the shoreline would not be desirable. Jabbour felt that Hoyt's request was financially motivated, and he was aware of the outlot when the property was purchased. Sheridan noted that the City's concern was that 2 more slips would be allowed by the LMCD if Lot 3 was developed as a single family residence for a net increase of 2 slips. Jabbour responded that his goal was not to exceed the number of slips that currently exists and uphold a previous Council's decision to limit the properties to 6 slips. Jabbour confirmed that a jet ski is considered a boat. Kupfer noted that there are no wetlands today. Gaffron explained that the wetland easement still exists although dredging has changed the wetland from its original state. 0 I] ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ( 0) KELLY COVE JOINT USE DOCK LICENSE -SCHEDULED PUBLIC HEARING 7.30 P.M. - 8:58 P.M. - continued Barrett commented that minutes from the original subdivision application refer to the wetland easement as a wetland saving feature and also a limit to the number of docks. A condition of the resolution approving the plat of Navarre Cove in 1979 states "creation of an area designated as Outlot A. use of the dock area is subject to annual licensing according to ordinance and is limited to six boas, one per dwelling unit." Richard Edwards, 2480 Carman Street, stated he was representing the six homes surrounding the lagoon. He has lived at the residence since 1953. He expressed concern about the location of the proposed docks as they would disrupt navigation through the channel. He suggested the docks be 10' from shore rather than the proposed 20' as the lagoon is 5' deep throughout the area. He also suggested the dock system be moved 25 -30' to the east toward the mouth of the lagoon to allow more room for navigation at the curve. Jabbour questioned if the City had any mechanism to control the size of docks. Gaffron responded that conditions could be placed on a revised conditional use permit or revised joint use • dock license. Kupfer indicated the duplex owners would not object to moving the docks to the east but would like to place the docks at 12' instead of 10' with a length at 48' because dock sections are 8' in length. The intent of the duplex owners is to move the docks to a better location for their use and free up the outlot. He noted that the new owner of Lot 3 had removed an unsightly building. Jabbour commented that the City would like to know what the use of Lot 3 will be for dock purposes. Sheridan responded that the dock use will be driven by how the land is used, and that has not yet been determined. Kelley asked why Outlot A was created on Lot 3. He suggested moving Outlot A to the north with the conditions remaining on the Outlot. Kupfer responded that moving the Outlot would not make sense for the duplex owners because it doesn't improve the dock location a great deal for them. Kelley asked the Council if their goal was to limit the boats to 6. Members confirmed that they would like to maintain that limit. 7 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ( #3) KELLY COVE JOINT USE DOCK LICENSE -SCHEDULED PUBLIC HEARING 7:30 P.M. - 8:58 P.M. - continued Goetten indicated she would deny the current proposal, but would be open to some type of agreement that would limit the total number of boats to 6. She also questioned how Lot 3 was to be developed. Jabbour responded that if Lot 3 was developed as a single family residence, the LMCD would allow 4 slips without City approval. Sheridan noted that Hoyt took down an unsightly structure and removed an oil tank from the City's right-of-way- Jabbour suggested tabling the application until the plans for Lot 3 have been determined. Sheridan asked if the Council was waiting for a proposal from Mr. Hoyt. Jabbour responded that he would like to see a comprehensive plan for the property; including the number of boats and the mechanism that would be used to control that number, the location of docks for Lot 3 and the dock location for the duplex units. Sheridan stated that Mr. Hoyt would not come to the City and restrict his rights from what he is . legally allowed to do on the property. Jabbour responded that the City had no intention to take away any rights. Goetten questioned the 60 day rule. Gaffron responded that the application was not a zoning application but a license application under Chapter 5 of the City Code. Barrett stated that a reading of the subdivision and conditional use permit conditions would be considered zoning issues. Since the license application is not requesting any changes to the subdivision or conditional use permit, Council could deny the license if it found the application inconsistent with the plat and conditional use permit. Council could also extend the time. Barrett commented that the decision to extend the time on the application would be made by the Kelly Cove Homeowner's Association and not Sheridan. Kelley indicated he would prefer to reaffirm the resolution of 1979. Barrett suggested a denial resolution be drafted if Council decided to deny the application. He did not think the application was governed by the 60 day rule as it is not a zoning application. It appears the 60 days would be met if the application were considered at the August 10 meeting if this did become an issue. 8 0 . ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ( #3) KELLY COVE JOINT USE DOCK LICENSE -SCHEDULED PUBLIC HEARING 7.30 P.JV. - 8:58 P.M. - continued Jabbour reiterated that any gains previous Councils have made are to be maintained by the current Council. Flint commented that he did not see any advantage to extending the application as the consensus of the Council was to deny the application. A re- application could be made once Mr. Hoyt decides how he will develop his property. Barrett stated that Council has found the license application to be inconsistent with the conditional use permit and original plat. Flint moved, Kelley seconded, to deny the joint use dock license application for the Kelly Cove Homeowner's Association. Peterson suggested tabling the application to allow Mr. Kupfer and the other duplex owners an opportunity to discuss the situation. Jabbour responded that the City Attorney was • uncomfortable with the 60 day rule. Staff has indicated that the applicants could reapply at any time for the joint use dock license. Peterson asked if Mr. Kupfer and the Homeowners Association would be required to pay a fee for a re- application. She suggested delaying action until the next Council meeting. Barrett noted that the law allows the City to automatically extend an application for 60 days with a reason. A letter would need to be sent to the applicants indicating sufficient information was not provided regarding the plat and conditional use permit. Flint indicated he would prefer to deny the application and give the applicant credit if he wanted to re- apply. Vote: Ayes 4, Nays 1. Peterson opposed. 0 9 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ( #7) #2370 GARY O'KEEFE,1392 BALDUR PARK ROAD - VARIANCES - RESOLUTION NO. 4128 Mrs. O'Keefe was present. Gaffron reported that the applicants were requesting a hardcover variance and conditional use permit and variance for grading within 5' of a lot line and within the 0 -75' lakeshore setback to construct a new residence. The revised site plans meet the Planning Commission recommendation to maintain 25% hardcover, which is a decrease from 7,258 s.f. to 5,725 s.f. The applicants also proposed a pond but the Planning Commission did not want to tie variance approvals to stormwater management. Gaffron noted that no decks were proposed for this lakeshore property. The applicants have indicated they are willing to give up decks for living space, although a future owner may seek variances for a deck. Both Planning Commission and staff recommended approval of the proposed plans. s Jabbour commented that Council had given Planning Commission direction to limit the number of variances. . Goetten indicated that she had been at two Planning Commission meetings, and the current plan was a good compromise for the property. Kelley expressed concern about the mass of buildings on lakeshore properties. He questioned if Council would want to add a condition limiting additional mass, such as a second story, for this residence. Jabbour agreed with Kelley that massing is an issue and Council should continue to monitor lakeshore structures for excessive mass in future applications. Goetten requested stronger wording in the resolution on Page 5, Condition 2. The word "likely" is to be removed indicating that no future increase in hardcover will be approved. Goetten moved, Jabbour seconded, to adopt Resolution No. 4128 granting hardcover variances in the 75 -250' zone to permit construction of a new residence, and to permit grading and land alterations within the 0 -75' lakeshore protected area. Vote: 5 Ayes, 0 Nays. 10 • • ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ( * #8) #2381 BUSSE CONSTRUCTION ON BEHALF OF JAMES JOHNSON AND CHARLES LARSON, 4300 WATERTOWN ROAD AND 4285 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT - RESOLUTION NO. 4129 Goetten moved, Peterson seconded, to adopt Resolution No. 4129 granting a conditional use permit to permit the construction of berms at 4300 Watertown Road and 4285 Sixth Avenue North. Vote: Ayes 5, Nays 0. ( * #9) #2382 BUSSE CONSTRUCTION ON BEHALF OF TIM OTTEN, 425 TURNHAM ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4130 Goetten moved, Peterson seconded, to adopt Resolution No. 4130 granting a conditional use permit to permit alteration of the rear yard at 425 Turnham Road per staff recommendation, subject to septic site testing. Vote: Ayes 5, Nays 0. ( * #10) #2386 BUSSE CONSTRUCTION ON BEHALF OF KATHERINE COLGROVE, 4260 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT - RESOLUTION NO. 4131 Goetten moved, Peterson seconded, to adopt Resolution No. 4131 granting a conditional use permit to permit land alteration at 4260 Sixth Avenue North. Vote: Ayes 5, Nays 0. ( * #11) #2381 BUSSE CONSTRUCTION ON BEHALF OF BOB GEHRMAN, 4300 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT - RESOLUTION NO. 4132 Goetten moved, Peterson seconded, to adopt Resolution No. 4132 granting a conditional use permit to permit land alteration at 4300 Sixth Avenue North. Vote: Ayes 5, Nays 0. ( * #12) #2385 STEPHANIE KROEGER, 3465 CRYSTAL PLACE - VARIANCES - RESOLUTION NO. 4133 Goetten moved, Peterson seconded, to adopt Resolution No. 4133 granting variances to permit construction of a detached garage requiring side yard setback, rear yard setback and hardcover variances for the property located at 3465 Crystal Place. Vote: Ayes 5, Nays 0. • 11 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ( #13) #2390 DAVID RAHN,1385 REST POINT ROAD - VARIANCES Mr. Rahn was present. Van Zomeren reported that the application was for a hardcover variance to allow construction of a garage in the 75 -250' setback area with a retaining wall and driveway turnaround. Previous variance were granted to convert a cabin into a year round residence. The previous resolution would allow 657 s.f. of hardcover based on subtracting the amount of hardcover in the 0 -75' zone from that allowed in the 75 -250' zone. Planning Commission recommended denial, and the applicant requested the application be brought to Council. Mr. Rahn noted that it is difficult to build a two -car garage with driveway under 657 s.f. He asked for guidance as to what might be considered. He confirmed that no variance would be needed if he did not exceed 657 s.f. of hardcover. 0 Mr. Rahn presented a revised plan that reduced the garage to 24' x 24' and made some eliminations to reduce the hardcover to 31% or 2,453 s.f. • Jabbour reviewed the history of the property. The initial Council approval was related to adding to an existing structure. During the construction, much of the existing structure was removed, and a fallen tree damaged the remaining portion. The Council then reviewed the project again and set a limit of 657 s.f. of hardcover in the 75 -250' zone. Rahn agreed that discussions had taken place about a garage. Rahn noted that in the Council minutes with the previous approvals, 1,000 s.f. was discussed. His problem is building an accessory building large enough to park two cars. He stated that if he would be limited to 657 s.f., he would have to build an accessory storage building with no cars inside. Jabbour noted that each lot has limitations that the property owner must work with. Goetten commented that she had voted against the previous variance request knowing that a garage would be requested at some future time. Rahn distributed revised plans to the Council showing reductions in hardcover. 12 • • ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ( #13) #2390 DAVID RAHN,1385 REST POINT ROAD - VARIANCES - continued Kelley stated that a two car garage is reasonable for Minnesota, and would be in favor of a garage at 24'x 24', minimal driveway and sidewalk. He noted that he also voted against the original variances but would have approved some type of garage at that time. Goetten cautioned Council to be careful in future applications when garage plans are not part of the initial proposal, especially on lakeshore lots where hardcover is an issue. Van Zomeren commented that 38% of the year -to -date building permits require some type of variance. Jabbour suggested the revised plan be referred back to Planning Commission for their review, and indicated at least two Council members were sympathetic to some type of revised plan. Kelley requested that a letter be sent to the applicant extending the application for 60 days. Flint stated that he was not sympathetic to the applicant's request, and felt the applicant should • abide by the parameters established in the previous resolution approvals. He felt the minutes clearly reflected Council's intention. Goetten moved, Peterson seconded, to refer Application #2390 requesting a hardcover variance to construct a garage for David Rahn at 1385 Rest Point Road back to the Planning Commission at the applicant's request. A letter extending the application for an additional 60 days will be sent to the applicant. The applicant was in agreement. Moorse suggested the applicant meet with staff prior to the Planning Commission meeting to develop the best solution to present to the Planning Commission. Vote: 5 Ayes, 0 Nays. ( * #14) #2392 THOMAS BERSCHEID,1365 REST POINT ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4134 Goetten moved, Peterson seconded, to adopt Resolution No. 4134 granting a conditional use permit to permit construction of an accessory structure on a through lot for the property located at 1365 Rest Point Road. Vote: Ayes 5, Nays 0. • 13 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ( * #15) #2396 CLINT AND JODI MORRISON, 3510 BAYSIDE ROAD - VARIANCES - RESOLUTION NO. 4135 Goetten moved, Peterson seconded, to adopt Resolution No. 4135 granting variances to permit an accessory structure to remain while the existing structure is demolished and a new principal structure is constructed, to permit construction of a residence which encroaches past the average lakeshore setback, and to permit a principal structure on a 1.36 acre lot where 2 acres is normally required for the property located at 3510 Bayside Road. Vote: Ayes 5, Nays 0. ( * #16) #2397 JOE & LESLIE LUCAS, 1060 BROWN ROAD NORTH - VARIANCES - RESOLUTION NO. 4136 Goetten moved, Peterson seconded, to adopt Resolution No. 4136 granting a variance to permit the construction of an addition to the principal structure located 9 feet from the side lot line where 30 ' is required for the property located at 1060 Brown Road North. Vote: Ayes 5, Nays 0. • MAYOR/COUNCIL REPORT • Jabbour received a request from the United Way asking for recommendations for two reputable human service providers in the area. He asked Council and staff to forward any suggestions to him. Jabbour asked how the City was addressing the Year 2000 problem. Moorse responded that the financial system and new phone system will be Year 2000 compatible. Staff is in the process of identifying all systems which may be affected. Some individual PCs will need patches. Jabbour stated that he is planning to make a presentation to Minnetonka residents regarding public access at the request of Desyl Peterson. Jabbour also indicated he has had several conversations with Mr. Dayton regarding Woodhill and will discuss further in an Executive Session. Flint questioned if there had been any response from Wayzata or Long Lake regarding Orono's offer to consider combining Public Works facilities. Jabbour replied that he has contacted both Mayors. Moorse added that he had talked with the Wayzata Public Works Director and Long Lake City Administrator and will be meeting with the Long Lake City Administrator on a number of issues. Flint added that it makes fiscal sense to the taxpayers to consider a joint facility and would like to continue to pursue the proposal. • 14 • ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ALL FOR/COUNCIL REPORT - continued Goetten asked for an update on County Road 15. Kellogg explained that the County is still monitoring the settling tolerance since the settling is still occurring too fast. The material will be removed when the settling is done. The project is slightly behind at this point. Kellogg indicated the plans for the Ferndale project will be complete and available to the cities in approximately two weeks. Flint commented that he was surprised there were few stakes indicating the proposed layout on Ferndale Road. Kellogg replied that the center line had been staked but has changed. The new alignment should be staked before the next Council meeting. Jabbour encouraged Kellogg to continue to work on burying power lines. Kelley commented that it was a mistake to do road work on both County Road 6 and 15 in the same year. Since County Road 6 is closed, County Road 15 may be used as an alternate route creating heavier usage. Kelley requested that the Request for Council Action form regarding zoning issues include the 60 day expiration date in the upper left hand corner of the first page. ENGINEER REPORT Kellogg reported that the Heritage Drive sewer project is scheduled to start on Wednesday, July 29. They will try to minimize the disruption of traffic on County Road 15. He noted that a condition of the County permit is that the contractor is not allowed to park any vehicles along the County road. Kellogg added that he is working on obtaining the final easements. Kellogg confirmed that the Edgewood Hills project has been abandoned for the 1998 season. Gappa has sent letters to the neighborhood explaining the situation. Mr. Jackson, an Edgewood Hills resident, agreed to meet with the neighborhood to get further direction as to how the neighborhood would like to proceed. Options are to rebid the project in the winter, consider another system such as a grinder system, or open cut. Jabbour expressed concern about passing a bond for upcoming projects. Moorse responded that Webber Hills, Heritage Drive and Edgewood Hills were all possible projects to consider for bonding. 15 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 CITY ADMINISTRATOR'S REPORT ( * #17) PUBLIC WORKS REGIONAL MUTUAL AID ASSOCIATION - RESOLUTION NO. 4137 Goetten moved, Peterson seconded, to adopt Resolution No. 4137 authorizing a joint and cooperative agreement for use of personnel and equipment in the areas of emergency, disaster control and mitigation. Ayes 5, Nays 0. ( #18) MN/DOT LIMITED USE PERMIT FOR TH12 CROSSING BY OLD CRYSTAL BAY ROAD TRAIL Moorse explained that more information is needed and would be discussed at a later meeting. ( #19) PRELIMINARY REVIEW OF INDUSTRIAL ZONING DISTRICT - DRAFT AMENDMENT Moorse explained that the draft ordinance will go before the Planning Commission at their August meeting. He outlined several of the major changes including elimination of a long list of . specific uses in favor of a more general definition of light industrial uses; and an interim use section which would be added that would potentially allow some uses for the current facilities through an interim use permit, similar to a conditional use permit with conditions. Moorse added that an interim use is normally based on a specific end date or event as a cut -off date, i.e. the Otten property could receive an interim permit which would expire when Highway 12 is completed in that area. Jabbour thought there could be a problem with a few buildings that are designed for heavy manufacturing with high ceilings. Steve White, VCI Capital, expressed concern that his property would not be grandfathered into the current zoning because their building is not currently leased out. He added that the economic impact could be drastic by reducing the value of the building and reducing the rental potential. Moorse explained that a use is grandfathered in if the use is ongoing. The difference between VCI and other properties is that VCI is not currently being used for heavy manufacturing. White commented that the problem with an interim use is that the problem is just postponed. Kelley asked if the real value of the property is in the land or buildings. White replied that they have looked at several options. Rental income has been greater than offers to purchase the property. He felt there was probably more value in the building. 16 • ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ( #19) PRELIMINARYREVIEW OF INDUSTRIAL ZONING DISTRICT -DRAFT AMENDiVIENT - continued Jabbour noted that the Comprehensive Plan amendment brought about consideration for a light industrial use. The City is opposed to "big box" development. He indicated the City is willing to work with White to develop a plan for the site that would work. White requested that he continue to be included in discussions about industrial development. Kelley expressed concern about environmental issues. White indicated that environmental reports b: d been done on his property. Kelley asked if he would be willing to share the results with the City. White responded that he would check with his attorney, but did not think it would be a problem. Goetten thanked White for his letter as it helped to clarify the situation at VCI Capital. Jabbour asked White if he had any potential renters. White responded that he did not, but had listed the property with a marketing agency. Flint asked about the acreage on the property and how much was needed for parking. White explained that a relatively small area is paved for parking. At one time, the back lot was used for storage of farm equipment. The gas vaporizer is being removed by Minnegasco. Moorse explained that a moratorium in the industrial zone expires September 15, and the amendment is scheduled to be reviewed at the August Planning commission meeting. White asked if the rezoning would affect Washington Scientific and Flamingo Wire if the use is grandfathered in. Jabbour responded that it affects all three properties. He explained that if WSI and Flamingo Wire become legally non - conforming, no changes could be made to the business. Kelley stated that his original concern was about the Dumas property. If Council did not think that issue needed to be addressed at this time, he would favor removing the moratorium and leaving the ordinance as it exists. Jabbour agreed. Moorse expressed concern about the list of uses and the potential to have a use proposed that would not be desirable. He suggested updating the list. Jabbour suggested removing the moratorium at the next Council meeting and eliminating the offensive uses from the industrial zone. Flint asked how the property across Old Crystal Bay Road would be affected. Moorse responded that it is not affected as it is zoned 2 acre residential. 17 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ( #19) PRELIMINARYREVIEW OF INDUSTRIAL ZONING DISTRICT- DRAFT AMENDMENT - continued Flint suggested adding some green space requirements to the industrial zoning district. This may be important for new development and could increase value. Jabbour agreed. He explained that property could be marketed for a higher level of use with a park -like environment, similar to Opus, and may increase property values.. White stated that he was concerned with the existing building since it was designed for the purpose of heavy manufacturing. If the property were vacant, the issues would be different. Flint asked about the size of the building. White responded that it takes up about 3 acres. Flint responded that someone who wanted the larger 20 acre piece could be attracted because of the size of the property. White confirmed that his property has not been actively marketed for sale. Van Zomeren asked what improvements had been made to the building, and what makes the building desirable for heavy manufacturing. White explained that the floor thickness, available power, high ceilings and overhead cranes are conducive to heavy manufacturing. Kelley commented that the market may dictate that heavy manufacturing may not work in this particular area, and the building may be a "dinosaur ". White stated that they have not been actively marketing the building since 1996. Some needed improvements and repairs were completed. They were also waiting for a decision from a brother who was considering moving a manufacturing operation to the VCI location. Kelley thought there would be a point when the property owners would have to change their plan. White stated that he had signed a 6 month listing agreement and hopes to find a renter in that time. He noted that they are not landlords by choice and would be open to selling the property if approached with a reasonable offer. Kelley suggested that Moorse work on the industrial zoning district code to remove the offensive uses and remove the moratorium. Flint requested that the City continue to work on a light industrial zoning district. 0 18 0 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ( #19) PRELIMINARYREVIEW OFINDUSTRIAL ZONING DISTRICT- DRAFT AMENDMENT - continued Moorse noted that any amendments to the industrial zone would need to be brought to the Planning Commission. He indicated he would talk to VCI Capital, Flamingo Wire and Washington Scientific and take out as many offensive uses as possible without causing a problem for the existing industrial businesses. ( #20) NOISE/VIBRATION STUDY FOR HIGHWAY 12 Moorse presented information on a proposal for a vibration and noise study related to the Highway 12 corridor from HDR Engineering. This study would provide information on the current and expected levels of noise, and some recommendations for mitigation strategies. Mn/DOT has indicated they would pay for the study. Moorse explained that the HDR representative would not be able to work on this project in the near future. Since Orono is looking for information by the end of August, Moorse asked how long Council would be willing to wait for results of the study. Goetten stated that a preliminary decision was to be made relatively soon, and she felt the study was vital in making a decision. Flint commented that it would be nice to have the results before the preliminary decision, but additional design work will continue to be done, and the information from the study would still be useful. Kelley moved, Jabbour seconded, to authorize the City Administrator to proceed to contract with HDR for the noise and vibration study, and to enter into a cooperative agreement with Mn/DOT to enable funding of the study by Mn/DOT. Vote: 5 Ayes, 0 Nays. ( #21) WORK PLAN FOR COMPREHENSIVE PLAN UPDATE Moorse suggested that the Council may want to obtain market analysis and needs assessment information related to various types of land uses to assist the Council in making decisions regarding updating the Comprehensive Plan. For example, would light industrial zoning be feasible for the southwest quadrant of Old Crystal Bay Road and Highway 12. Jabbour commented that a meeting with Long Lake and some local businessmen was to take • place to discuss some possible land uses and businesses along Highway 12. 19 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ( #21) WORKPLANFOR COMPREHENSIVE PLAN UPDATE -continued Kelley questioned if staff would have time to work on a market analysis. Moorse responded that a consultant could be used. Jabbour felt a needs study would be more important than a market analysis. Kelley noted that the full impact of new Highway 12 is not known at this time and could affect development. Moorse expressed concern that the Comprehensive Plan could be changed limiting property owners to certain types of uses, which may never actually take place. This could create a hardship for the property owners and delay development. Moorse suggested discussion continue after meeting with Long Lake representatives. �J ( #22) SELECTION OF DATE(S) FOR JOINT WORK SESSION WITH LONG LAKE CITY COUNCIL It was determined that August 18 or 19 would be optional dates to meet with the Long Lake City • Council. A budget work session was scheduled for August 10, 1998 and 7:30 a.m. CITY ATTORNEY'S REPORT Attorney Barrett addressed the policy of taking conservation easements as part of the subdivision process. He explained that the conservation easement states that no structure shall be constructed within the easement, including docks and hardcover of any nature. Mr. White's attorney has requested that the conservation easement be amended to allow for a dock. Barrett asked Council if they would use the conservation easement as a reason not to grant a dock license, or if there could be circumstances that would allow a dock. Gaffron commented that there was not a long history of the City taking action to allow docks in a wetland. He referenced applications on North Ferndale Road and Fox Street that were denied. Gaffron explained that in Mr. White's case, in order to get to the open water of the lake he would have to cross the wetland. Gaffron thought he had the right to get to the lake but he would need variances to do so. 0 20 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 CITYATTORNEY'S REPORT - continued White stated that he was not looking for a decision on the dock, but a change in wording on the easement. He felt that he would be giving up his right to a dock the way the easement is currently written, and there could be other rights as well. He suggested adding language such as "without appropriate approval ". Barrett noted that similar language is used in some cases, i.e. "No trees or shrubs shall be destroyed, except for the written consent of the grantee." This would indicate that the City has, as a matter of practice, allowed some easements to be reduced by the written consent of the grantee. Flint asked in what context the conservation easement is used. Barrett responded that the subdivision statute requires preservation of unique features of the landscape. Barrett indicated that if a property owner wanted to have a dock in a conservation easement, he would have to request a dock permit and an amendment to the easement. • Jabbour noted that Mr. White's subdivision has not been completed because of this issue. Barrett opined that the City would not have to change the standard easement, but it could be amended by Council for specific requests if the Council chose to do so. This should probably be done at the time of subdivision. White commented that if he signed a document, he didn't feel comfortable knowing he would have to revise the document. Moorse suggested adding language to the conservation easement indicating that the owner could reserve the right to apply for a dock permit. Council members did not feel it was appropriate to make any decisions without an application for a dock, which would present all the facts. White stated the dock was an example of a right he might be losing by signing the easement. He felt there could be other rights he was not aware of. The consensus of the Council was not to make a change in policy. Council asked that Mr. White bring an application back to Council for consideration of his specific property. • Attorney Barrett requested an Executive Session to discuss pending litigation. 21 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ( * #23) LICENSES There were no licenses. ( * #24) BILLS Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting adjourned at 11:10 p.m. ATTEST: Linda S. Vee, City Clerk 22 iefVabbour, Mayor 0 41