HomeMy WebLinkAbout09-14-1998 Council Minutes3
ORONO CITY COUNCIL MEETING
. MINUTES FOR SEPTEMBER 14,1998
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,
Planner /Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul
Weinberger, Director of Public Services Greg Gappa, City Engineer Tom Kellogg, Finance Director
Tom Kuehn and Recorder Jamie Gemar. Mayor Jabbour called the meeting to order at 7:00 p.m.
( #1) CONSENT AGENDA
Items #8, 9 and 10 were added to the Consent Agenda. Moved by Goetten, seconded by Flint, to
approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0.
( #2) LAKE MINNETONKA COMMUNICATIONS COMMISSION
Tim Pattrin, Cable Commissioner, was present to discuss the upcoming vote for a renewal franchise
agreement.
• Pattrin reported that Triax is required to rebuild its system and gave a brief description of the
proposed system.
Mayor Jabbour asked that Mr. Pesek, an Orono resident, be sent a note of appreciation for his
willingness to serve as an alternate Cable Commissioner for Orono.
APPROVAL OF MINUTES
( * #3) REGULAR MEETING OF AUGUST 24,1998
Moved by Goetten, seconded by Flint, to approve the Minutes of the Regular City Council Meeting
of August 24, 1998. Vote: Ayes 5, Nays 0.
PARK COMMISSION COMMENTS
Commissioner Silber was present and reported on the feasibility of an ice rink at the Orono Golf
Course. The Park Commission does not feel that Orono is in a position to provide the quality of
ice maintained by the City of Wayzata or Woodhill Country Club due to the amount of personnel
hours needed to keep the ice at a high quality. The goal this year will be to improve the ice quality
at Hackberry and Casco Point ice rinks.
0 1
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 14,1998
PLANNING COMMISSION COMMENTS - JANICE BERG, REPRESENTATIVE
Planning Commission Chair Janice Berg had no comments.
PUBLIC COMMENTS
Jean Bredeson, owner of a small consulting business in Wayzata, would like to relocate her business
from Wayzata to 850 Wayzata Blvd., Wayzata Christian Center. She questioned Council regarding
the current CUP, and whether her business would qualify under the current CUP.
Mayor Jabbour replied that the use of the facility is restricted to residential use, and that schools and
churches are an allowed use. Mayor Jabbour also stated that there is no provision for a CUP for her
business.
ZONING ADMINISTRATOR'S REPORT
•
( #4) #2383 GARY AND CHRISTINE VALERIUS, 3750 BAYSIDE ROAD - FINAL PLAT
APPROVAL - RESOLUTION NO. 4156 •
Gary and Christine Valerius were present.
Moved by Goetten, seconded by Peterson, to a adopt Resolution No. 4156 approving the final plat
of Valerius Addition for Gary and Christine Valerius at 3750 Bayside Road. Vote: Ayes 5, nays
0.
( #5) #2404 OTTEN BROTHERS NURSERY, 2350 WEST WAYZATA BLVD -
COMMERCIAL SITE PLAN APPROVAL
Cliff Otten was present.
Van Zomeren reported that the request by the applicant is for a commercial site plan approval for
construction of a greenhouse addition adjacent to the existing principal structure.
Otten noted from Gaffron's report that the "agreement is mute as to uses of Outlot C, hence the
retaining wall/loading dock must be considered an amendment to the agreement ". Otten suggested
that if the agreement is mute as to Outlot C, it should be acceptable to put a retaining wall on it.
Otten felt the loading dock is screened adequately from the neighboring properties. He also noted
that the location of the loading dock is where they have been unloading the trucks for the past 8
years. Otten offered to sign an agreement with the City that when and if a road is constructed on
Outlot C, he would remove the retaining wall. •
2
V - -1.-
ORONO CITY COUNCIL MEETING
. MINUTES FOR SEPTEMBER 14,1998
( #5) #2404 OTTEN BROTHERS NURSERY, CONTINUED
Kelley stated he is fine with the loading dock location.
Mayor Jabbour asked Public Services Director Greg Gappa if the loading dock/retaining wall would
be a problem when the City declares the road on Outlot C opened.
Gappa stated the concern is the impact of having the loading dock closer to the residential area.
Outlot C was dedicated for a future road and is currently serving as a buffer.
Goetten noted during her site inspection that the location seemed logical for the loading dock.
Gappa concurred with Goetten, but felt there may be zoning issues to look at.
Mayor Jabbour stated Mr. Otten came in to ask for a Commercial Site Plan Review only for the
greenhouse, but the only thing discussed was the loading area which has existed for the past 8 years.
Joel Walvatne, 710 Dickey Lake Drive, inquired about the screening between Outlot C and his
• property. He stated that his concern is that commercial use is getting closer to his property line.
Mayor Jabbour replied that he had visited the property line and saw it to be of a thick matted green
blanket of vegetation consisting of a variety of evergreens, small dogwoods and scrub bushes.
Walvatne noted for the Council a letter dated April 24, 1990 from Cliff Otten's attorney Robert
Mitchell. He asked the City to review #7 of the letter, which stated "with Cliff giving you the land
to the west of your site you are assured that there will be no commercial use next to your home and
instead that the commercial use will all be to the south and across the frontage road, if it is built."
Mayor Jabbour replied that his understanding of Mr. Mitchell's letter is that Mr. Otten traded the
triangular piece of property for Mr. Walvatne's piece (that section within Outlot C) assuring that the
triangular piece will not be commercial. Mr. Otten is allowing the City to drive through his
driveway, to get to the City Well located on Outlot B. If Otten takes his loading dock and puts it in
the corner of Lot 1, Block 1, he might end up forcing the City to open the road designated as Outlot
C to be able to get to the City Well on Outlot B. No one will benefit from the City opening this road.
Kelley questioned the lot area coverage in the B -6 zone.
Otten replied the lot area coverage is 17 to 23 %.
• Kelley questioned the lighting effect the greenhouse will have at night.
Otten replied the greenhouse is not a production greenhouse, it will be a sales greenhouse.
'r
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 14,1998 •
( #5) #2404 OTTEN BROTHERS NURSERY, CONTINUED
Kelley questioned the screening issue along Dickey Lake Drive where the trucks are parked. Otten
stated he reviewed the area that is visible from Dickey Lake Drive. After review, the area was
cleaned up. When Otten talked with Mr. Pugh, his issue was more the back ends of the trucks. More
plantings or a fence was discussed, but no conclusion was made. Otten stated he was not opposed
to adding more screening along this area.
Flint commented on his review of the property. The front of the property was very nice and inviting,
but along Dickey Lake Drive it is not.
Otten replied that he would plant another row of trees behind where the trucks are parked.
Moved by Kelley, seconded by Goetten, to approve Application No. 2404, for a commercial site plan
review and amendment to P.U.D. to allow the existing entrance monuments at the eastern entrance
to remain, and to allow the loading dock to remain subject to an agreement that Otten Brothers
Nursery will remove the retaining wall/loading dock without compensation if the road is constructed
on Outlot C for the property located at 2350 West Wayzata Boulevard for Otten Brothers Nursery
subject to the recommendations of the Planning Commission outlined in the report dated August 20, •
1998, and with the following conditions: 1) no production greenhouse lighting; 2) Mr. Otten to work
with City staff and the neighboring properties to determine additional screening to be provided by
Mr. Otten. Vote: Ayes 5, Nays 0.
The City Council also directed City staff to work with Mr. Otten regarding access to the City well.
( 46) #2406 GERALD & SANDRA ERICKSON, HAVING AN INTEREST IN 2683 CASCO
POINT ROAD - VARIANCES - RESOLUTION NO.
Gerald and Sandra Erickson were present.
Weinberger reported the applicants are proposing to remove the existing house and rebuild a new
home with the intent to keep the existing boat house. Originally the applicants proposed to exceed
the lot coverage and hardcover within the 75 -250' of the lakeshore. Upon the Planning Commission
recommendation that they could build a principal structure on the lot without requiring any
variances, the applicants have revised their plan slightly. The applicants met with staff and
submitted a new plan that nearly meets the requirements of the zoning code. The newly submitted
plan has hardcover at about 26 %.
4
E
0
a
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 14,1998
( #5) #2404 OTTEN BROTHERS NURSERY, CONTINUED
Kelley stated he is fine with the loading dock location.
Mayor Jabbour asked Public Services Director Greg Gappa if the loading dock/retaining wall would
be a problem when the City declares the road on Outlot C opened.
Gappa stated the concern is the impact of having the loading dock closer to the residential area.
Outlot C was dedicated for a future road and is currently serving as a buffer.
Goetten noted during her site inspection that the location seemed logical for the loading dock.
Gappa concurred with Goetten, but felt there may be zoning issues to look at.
Mayor Jabbour stated Mr. Otten came in to ask for a Commercial Site Plan Review only for the
greenhouse, but the only thing discussed was the loading area which has existed for the past 8 years.
Joel Walvatne, 710 Dickey Lake Drive, inquired about the screening between Outlot C and his
• property. He stated that his concern is that commercial use is getting closer to his property line.
Mayor Jabbour replied that he had visited the property line and saw it to be of a thick matted green
blanket of vegetation consisting of a variety of evergreens, small dogwoods and scrub bushes.
Walvatne noted for the Council a letter dated April 24, 1990 from Cliff Otten's attorney Robert
Mitchell. He asked the City to review #7 of the letter, which stated "with Cliff giving you the land
to the west of your site you are assured that there will be no commercial use next to your home and
instead that the commercial use will all be to the south and across the frontage road, if it is built."
Mayor Jabbour replied that his understanding of Mr. Mitchell's letter is that Mr. Otten traded the
triangular piece of property for Mr. Walvatne's piece (that section within Outlot C) assuring that the
triangular piece will not be commercial. Mr. Otten is allowing the City to drive through his
driveway, to get to the City Well located on Outlot B. If Otten takes his loading dock and puts it in
the corner of Lot 1, Block 1, he might end up forcing the City to open the road designated as Outlot
C to be able to get to the City Well on Outlot B. No one will benefit from the City opening this road.
Kelley questioned the lot area coverage in the B -6 zone.
Otten replied the lot area coverage is 17 to 23 %.
0 Kelley questioned the lighting effect the greenhouse will have at night.
Otten replied the greenhouse is not a production greenhouse, it will be a sales greenhouse.
3
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 14,1998 •
( #5) #2404 OTTEN BROTHERS NURSERY, CONTINUED
Kelley questioned the screening issue along Dickey Lake Drive where the trucks are parked. Otten
stated he reviewed the area that is visible from Dickey Lake Drive. After review, the area was
cleaned up. When Otten talked with Mr. Pugh, his issue was more the back ends of the trucks. More
plantings or a fence was discussed, but no conclusion was made. Otten stated he was not opposed
to adding more screening along this area.
Flint commented on his review of the property. The front of the property was very nice and inviting,
but along Dickey Lake Drive it is not.
Otten replied that he would plant another row of trees behind where the trucks are parked.
Moved by Kelley, seconded by Goetten, to approve Application No. 2404, for a commercial site plan
review and amendment to P.U.D. to allow the existing entrance monuments at the eastern entrance
to remain, and to allow the loading dock to remain subject to an agreement that Otten Brothers
Nursery will remove the retaining wall/loading dock without compensation if the road is constructed
on Outlot C for the property located at 2350 West Wayzata Boulevard for Otten Brothers Nursery
subject to the recommendations of the Planning Commission outlined in the report dated August 20, •
1998, and with the following conditions: 1) no production greenhouse lighting; 2) Mr. Otten to work
with City staff and the neighboring properties to determine additional screening to be provided by
Mr. Otten. Vote: Ayes 5, Nays 0.
The City Council also directed City staff to work with Mr. Otten regarding access to the City well.
( #6) #2406 GERALD & SANDRA ERICKSON, HAVING AN INTEREST IN 2683 CASCO
POINT ROAD - VARIANCES - RESOLUTION NO. 4157
Gerald and Sandra Erickson were present.
Weinberger reported the applicants are proposing to remove the existing house and rebuild a new
home with the intent to keep the existing boat house. Originally the applicants proposed to exceed
the lot coverage and hardcover within the 75 -250' of the lakeshore. Upon the Planning Commission
recommendation that they could build a principal structure on the lot without requiring any
variances, the applicants have revised their plan slightly. The applicants met with staff and
submitted a new plan that nearly meets the requirements of the zoning code. The newly submitted
plan has hardcover at about 26 %.
4 •
.
9
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 14,1998
( #6) #2406 GERALD & SANDRA ERICKSON, CONTINUED
Mayor Jabbour stated that it would irresponsible for the Council to bypass the Planning Commission
and pass a resolution absent all the documented facts. The zoning code states an application must
go through the Planning Commission review.
Erickson stated that by adding an extra driveway, the structure is less than what the Planning
Commission saw and it meets the City requirements.
Mayor Jabbour replied that for the Council to act on this new plan, they would need all the facts,
surveys, calculations, the footage, etc.
Mrs. Erickson requested to add 420 s.f. of hardcover to extend the driveway, moving the house
closer to the lake, to be more consistent with the adjacent properties.
Goetten asked if the applicants were eliminating the 29.5% hardcover in the 75 -250' lakeshore
setback and the proposed lot coverage of over 15% with the new plan.
• Weinberger stated that in the past Council has counted hardcover that exists between 0 -75' of the
lake against allowed hardcover. This plan is at 27.2 %.
Mayor Jabbour replied that the Council only does this when given the permission to add it to the 75'.
If it was legally conforming, Council did not deduct it from the calculations.
Goetten questioned why the boathouse would be removed when building a house.
Van Zomeren replied that the City code requires a variance for an accessory structure to remain until
a principal structure is built.
Moved by Mayor Jabbour, seconded by Goetten, to adopt Resolution No. 4157 granting approval
to allow the accessory structure, which is legally non - conforming to remain while the principal
structure is torn down and rebuilt; and all the principal structure and driveway must conform to the
existing ordinances. Vote: Ayes 5, nays. 0.
Kelley questioned if the driveway is designed to have people backing straight out onto Casco Point
Road. Kelley asked when in a year from now the applicants come to the City and say it is too
dangerous to back out onto Casco Point Road and they need a backout on their driveway now that
all 25% of the hardcover is being put into a very narrow driveway and a larger house, without taking
into consideration the winters out on Casco Point Road. Mayor Jabbour replied that there is no
• provision for the City to tell them to do it any differently.
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 14,1998
( #7) EXTENSION OF INDUSTRIAL DISTRICT MORATORIUM
Moorse reported to Council that additional time is needed to complete its study and consideration
regarding the types of industrial uses compatible with the City's long -term land use plan. The City
Council has a scheduled joint work session with the Planning Commission on Wednesday,
September 23 to address this issue and receive input.
Steve White of VCI Capital and Chuck Guerin of Flamingo Wire were present.
Mayor Jabbour agreed with staffs outlook on this issue, except he felt the existing ordinance should
go back into effect on September 15, 1998. He expressed concern about holding the property
hostage. Mayor Jabbour indicated he would vote against extending the moratorium.
Kelley disagreed with Mayor Jabbour and felt the City needs time to deal with the issues. Mr. White
may be the owner of the property today but he may not be tomorrow.
Flint suggested staff continue to pursue the issue aggressively and see what the City should be doing
in the area.
0
Mayor Jabbour asked that members of the Council and Planning Commission tour the facility. •
Moved by Mayor Jabbour, seconded by Goetten, not to renew the Extension of Industrial District
Moratorium. Vote: Ayes 3, Nays 2. Kelley and Flint opposed.
(48) EXTENSION OF ADULT USE MORATORIUM - ORDINANCE NO. 177, 2nd
SERIES
Moved by Goetten, seconded by Flint, to adopt Ordinance No. 177, 2nd Series extending the
moratorium on adult uses in all commercial and industrial zones. Vote: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Mayor Jabbour requested a letter be sent to the United States Power Squadron, thanking them for
removing hundreds of empty 55 gallon barrels from Big Island.
Goetten questioned where the City is with the noise consultant for the new proposed highway and
if it has been approved by MNDOT.
Moorse replied MNDOT was looking at the details of the agreement, but hopefully by the end of the
week they will have it ready to go. •
3
I ,- .
ORONO CITY COUNCIL MEETING
• MINUTES FOR SEPTEMBER 14,1998
MAYOR/COUNCIL REPORT CONTINUED
Kelley asked if the noise study will include the east and west end of Orono.
Moorse stated the area of study is from close to Old Crystal Bay Road North over to Greenglen Park.
There will be 5 noise monitors located between Old Crystal Bay Road North and Greenglen Park
to monitor the noise frequency of the trains as they go by. This will help in determining what type
of mitigation is needed for future noise /vibration levels with the new road and railroad.
Goetten requested an update on the County Roads Projects.
Gappa stated that the last of the surcharge was taken off County Road 15 today. Once the surcharge
is removed, they will begin to construct lanes on the north side and have the traffic shift to north side
before winter. They plan on working on the south side until it freezes.
Gappa stated the grading is done on County Road 6. Mayor Jabbour commented that the rock was
not down yet. They plan on paving in September, Gappa stated.
• Kellogg reported no construction will occur on Ferndale Road North this fall. The plans are to bid
the project in January or February 1999 so we will be ready to go once the weight restrictions are
off in the spring.
Flint asked if anything is going to happen with Hennepin Parks and the trail along County Road 6.
Kellogg replied that no construction is planned until spring. Gappa, Glenn Cook and Kellogg met
with the County to discuss concerns they had, design standards, and what can or cannot be accepted.
Revisions have been made and submitted to Hennepin County.
Kellogg reported the Heritage Drive Sewer Project is nearly complete, paving and sodding should
be done in the next few weeks. The Little Orchard sewer project is nearly complete, and they are
going to be jacking the sewer under Old Crystal Bay Road starting tomorrow. This should only take
two to three days, then it will be complete.
Kelley questioned Gappa on the signal heads for the stop light on Old Crystal Bay Road and
Highway 12.
Gappa replied he had received quotes and needs to send them to MNDOT. The signal heads should
be in place by November 9, 1998.
• Goetten questioned the status of an interim solution to the County Road 15 safety issues.
7
. _f I
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 14,1998
MAYOR/COUNCIL REPORT CONTINUED
Moorse indicated Bonestroo Associates has submitted a proposal to address traffic safety issues on
County Road 15.
Mayor Jabbour requested Administrator Moorse to send copies of the proposed 1999 budget and
Council packets to Council candidate Bob Sansevere to help him understand the issues the City is
currently addressing.
ENGINEER REPORT
( * #9) PURCHASE OF WATER METER FOR GOLF COURSE IRRIGATION WELL
Moved by Goetten, seconded by Flint, to authorize purchase of Badger water meter for the golf
course irrigation well from Hydro Supply for $780. Vote: Ayes 5, Nays 0.
CITY ADMINISTRATORS REPORT
0
( * #10) APPOINTMENT OF ADDITIONAL 1998 PRIMARY ELECTION JUDGES - •
RESOLUTION NO. 4158
Moved by Goetten, seconded by Flint, to approve Resolution No. 4158 appointing additional
election judges for the Primary Election to be held on Tuesday, September 15, 1998. Vote: Ayes
5, Nays 0.
( #11) ADOPT 1999 TAX LEVY AND BUDGET - RESOLUTIONS NO. 4159 and 4160
Moorse reported the proposed 1999 budget and tax levy to be $2,339,140. This reflects the multi
year budget projection of future needs.
Kelley questioned adding a position to the zoning department.
Moorse replied that this position would be for an interim period to allow time to get the
Comprehensive Plan updated, the Zoning Code updated and get some property data and geographic
base data information in place. The interim time would be for a maximum of two years which would
be indicated to them at the time of employment.
Kelley voiced his concern over hiring another zoning staff person for a two year period. How do you
control what is given to this person so the expectations of this job is a two year job?
7
U- ,
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 14,1998
( #11) ADOPT 1999 TAX LEVY AND BUDGET - RESOLUTIONS - CONTINUED
Moorse replied that would be identified when they would be hired. This position would not be doing
the updates, but rather take duties away from the current staff to allow them time for the updating
of the City Comprehensive Plan and Zoning Code.
Kelley questioned the expenditure of $28,000 for animal control services, and what happens to the
animal control officer when any of the other cities decide to drop out of the contract.
Moorse replied that if services to the South Lake Cities are eliminated, then the City would not need
a full time animal control officer and this position would be eliminated.
Kelley voiced concern about recategorizing positions instead of eliminating either the animal
control position or the zoning position. He did not want to see "creeping staff."
Mayor Jabbour stated the reason Orono's taxes are going up is because Orono is changing from a
village to an active city.
• Moved by Goetten, seconded by Peterson, to adopt Resolution No.4159 approving the proposed tax
levy to fund from the 1999 budget. Vote: Ayes 4, Nays 1. Flint opposed.
Flint stated he thought this was the year the City should try to hold the line because of the changes
the State Legislature made which will increase the burden of property taxes on lower valued homes.
He thought it would be difficult for the owner of a small house.
Moved by Mayor Jabbour, seconded by Goetten, to adopt Resolution No. 4160 approving the
proposed 1999 budget. Vote: Ayes 4, Nays 1. Flint opposed.
( #12) SET DATE FOR TRUTH IN TAXATION HEARING
Council set the Truth in Taxation hearing for Monday, December 7, 1998 at 7:00 p.m. and the
continuation hearing, if required, for Monday, December 14, 1998.
( * #13) LICENSES
Moved by Goetten, seconded by Flint, to approve the home occupation license for Morning Staar
Surgical. Vote: Ayes 5, Nays 0.
HOME OCCUPATION LICENSE
Morning Staar Surgical
Thomas W. Clapp
475 Ferndale Road North
Orono, MN 55391
C
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 14,1998
( * #14) BILLS
Moved by Goetten, seconded by Flint, to approve payment of the All Funds Account. Vote: Ayes
5, Nays 0.
CITY ATTORNEY'S REPORT
Attorney Barrett requested an Executive Session.
ADJOURNMENT
Moved by Jabbour, seconded by Goetten, to adjourn the meeting at 9:47 p.m.
ATTEST:
0
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor, •
10