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HomeMy WebLinkAbout10-12-1998 Council MinutesPi ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12,1998 ROLL The Council rnet 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, Assistant Zoning Administrator Paul Weinberger, Director of Public Services Greg Gappa, City Engineer Tom Kellogg, and Recorder Jamie Gemar. Mayor Jabbour called the meeting to order at 7:00 p.m. ( #1) CONSENT AGENDA Items 11 and 13 were added to the Consent Agenda. Moved by Goetten, seconded by Peterson, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. ( #2) PRESENTATION - ORONO SCHOOLS - HEALTHY YOUTH INITIATIVE AND MENTORSHIP PROGRAM • Mela::ie Deluca, Community Education Director for the Orono Schools and Teri Cain, Youth Development Coordinator for the YMCA Camp Ihduhapi and Orono Community Education were present. Deluca and Cain presented information to Council regarding the Orono Healthy Communities - Healthy Youth program including a youth mentorship program offered in partnership with the Orono Community Education and the YMCA Camp Ihduhapi. The program provides shared resources and expands a common vision and related mission to build strong kids, strong families, and strong communities. Deluca reported the program has been received well by the Orono School District Communities. She requested the City Council appoint a liaison to the program. ( * #3) REGULAR MEETING OF SEPTEMBER 28, 1998 Moved by Goetten, seconded by Peterson, to approve the Minutes of the Regular City Council Meeting of September 28, 1998. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS - JAMES WHITE, REPRESENTATIVE None 9 Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12, 1998 PLANNING COMMISSION COMMENTS - CHARLES SCHROEDER, REPRESENTATIVE None PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT ( #4) #2404 OTTEN BROTHERS NURSERY, 2350 WEST WAYZATA BOULEVARD - PUD #1 AMENDMENT Cliff Otten was present. • Gaffron stated that City Council voted to approve the commercial site plan review to allow the greenhouse addition, to relocate the existing canopy structure, to allow the recently constructed entrance monuments to remain in their current location, and to allow the retaining wall /loading dock to remain within OLItIOt C subject to an agreement that Otten Brothers Nursery would remove the retaining wall /loading dock at their expense if the road is ever constructed in Outlot C. Approval was subject to • conditions identified by Council as to the greenhouse not having "production greenhouse" lighting, so that the impact on the surrounding neighborhoods is minimized and for Mr. Otten to work with City staff and the neighboring property owners to determine what additional screening /buffering is necessary to be provided by Otten. Gaffron stated it was unclear to staff whether Council had distinctly included in the motion of approval a requirement for additional screening /buffer. Gaffron noted a letter received from Patrick Pugh, an adjacent property owner. Otten concurred with Gaffron's report. Otten felt the screening/buffer issue was not part of Kelley's original motion of September 14. Otten stated that all of the previous screening requirements had been met. Otten referred to Pugh's letter regarding Pugh's statement of a promise that Mr. Often made, agreeing to provide adequate screening for the motor pool at a Planning Commission meeting in 1998. Otten questioned the validity of Pugh's concern, when from Pugh's homestead lot the subject area is actually screened very well. Otten stated Pugh's concern was to protect the value of the vacant lot on the corner of Dickey Lake Drive and Willow Drive North, which Pugh purchased in 1996. Otten feels that if the property value was depressed, it was depressed before Pugh purchased it, not after. Otten does not feel the need to improve the value of Pugh's property. Otten stated he explained to Pugh that it would take a 12' high fence to hide the trucks. Page 2 • ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12, 1998 ( #4) #2404 OTTEN BROTHERS NURSERY - CONTINUED Mayor Jabbour pointed out that the City Code does not permit 12' high fences. Mayor Jabbour stated he believed it was not the intention of the Council to make Mr. Otten change his screening, have a development agreement, and post a bond. Gaffron stated the wording for item 45 came from staff to enable Mr. Otten to go ahead with the proposed construction absent a plan for additional screening. Kelley asked if Mr. Otten has complied with the original screening site plan. Gaffron replied that he believes Mr. Otten to be in compliance with the original screening site plan. Kelley questioned the height restriction and if staff has arrived at how many feet is allowed. Gaffron stated he needs to review the plans with the building inspector before the document is finalized. Gaffron stated the canopy existing is less than 18'. Peterson asked if there are other properties in the City which has have undergone an intensification of • the property where the City has required more screening around the building. Kelley replied Rick's Super Valu's loading dock on the west side of the property. Moved by Kelley, seconded by Peterson, to approve Amendment Number 1 to Planned Unit Development No. 1 Agreement for East Willow Woods excluding item 95 (additional screening). VOTE: Ayes 5, Nays 0. ( #5) #2418 ROBERT LUND ON BEHALF OF GRAYDON AND MICHELLE NEWMAN, 1655 BOHN'S POINT ROAD - VARIANCE Robert Lund was present on behalf of Graydon and Michelle Newman. Weinberger stated he was directed by the City Council at the September 26 meeting to draft a denial resolution. Weinberger reported the Council approved a site plan for a new residence with a gazebo and walkway at 26.7% hardcover in 1997. Staff approved a revised plan on July 15, 1998 that removed the gazebo from the side yard and a small tower from the lakeside of the residence. The applicant has requested variances from the average lakeshore setback and hardcover to allow a sx, imming pool and a 30' tower addition to be added to the staff approved plan. The residence is currently under construction. A three story tower is being proposed. The first floor would be a gazebo, o, ith office Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12, 1998 ( #5) #2418 ROBERT LUND, 1655 BOHN'S POINT ROAD - CONTINUED space on the second floor, and an observation deck above that. The proposed tower protrudes higher than the existing structure, therefore, the average lakeshore setback variance is required. Mayor Jabbour commented that it looks as if the house has been moved further away from the lake. Lund stated the house is about 500 square feet smaller than the original plan approved by Council. Weinberger stated the current proposal shows the gazebo as originally approved in 1997. The gazebo was removed before the building permit was issued. The property owners have proposed to construct a swimming pool on the west end of the property where the storms have knocked down trees in the same location as the gazebo was originally approved. Weinberger added that the turning radius of the driveway was reviewed by staff, and it was determined that the amount of driveway proposed is adequate to turn any passenger vehicle or passenger truck. Moved by Peterson, seconded by Mayor Jabbour, to reconsidered application #2418. VOTE: Ayes 5, Nays 0. • Mayor Jabbour found the additional height on the building objectionable. • Goetten asked to review the original hardcover approved verses what is being proposed with the current changes. Weinberger reported the current proposed square footage for the house and attached garage is 5,922 s.f. The original amount approved by the Council for the house and garage is 6,484 s.f. Moved by Kelley, seconded by Goetten, to continue this matter until later in the meeting to enable staff time to gather hardcover information. Weinberger reported back to Council a breakdown of the hardcover for each of the proposed and previously existing conditions on the properties. The total amount of hardcover Lund has requested is 11,605 s.f (26.7 %). The Council previously approved 11,603.5 s.f. (26.7 %). Peterson questioned the 30' high tower and what the structure is located on the north side of the house. Lund replied that it is a light tower that allows light in to that side of the house with no access to it. Mayor Jabbour opposed the 30' high tower from the lake view. Page 4 Is • ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12, 1998 ( #5) #2418 ROBERT LUND, 1655 BOHN'S POINT ROAD - CONTINUED Kelley questioned building a house with 6,000 s.f. plus a swimming pool on property located on Lake Minnetonka, Nvith no plans for decks or patios. Kelley was concerned about future proposals to add hardcover for a deck or patio. Lund stated the original home had a small terrace on the lakeside which the Newmans did not use much. The proposed house is designed so that the first floor is 6" above grade. This design is to give you the feeling that you are outside when you are actually inside. They will have a covered deck on the northwest end of the house, from the breakfast room to the gables. Mayor Jabbour voiced concern to Lund that in the future the applicants may be back asking for additional variances for a deck/patio /terracing. Mayor Jabbour felt that a percentage of hardcover should be set aside for additional terracing /decking /patio for future use. Flint expressed concern over the 30' high tower. Flint felt it would look too massive from the lake. Flint stated he would not favor this application with this tower. Lund asked Council for a consensus as to what they would be looking for. • Moved by Peterson, seconded by Goetten, to approve application #2418 removing the gazebotwalk-way, adding the pool, the tower to be no higher than the highest point on the south garage side of the home, and to allow hardcover in the 75 -250' setback to be 11,605 s.f. (26.7 %). Mayor Jabbour asked that the resolution note that Council is concerned with the lack of patios /decking, that and the applicant recognizes this concern, and that the applicant requested Council to approve the application as proposed and acknowledge that he or she may not have the right to add a patio /decking in the future. ( #6) 42420 ROBERT RYAN, JR., 3535 CHRISTINE DRIVE - VARIANCE - RESOLUTION NO. 4171 The Applicants were not present. Moved by Kelley, seconded by Peterson, to adopt Resolution No. 4171 denying Application #2420, 3535 Christine Drive. VOTE: Ayes 5, Nays 0. Page 5 • ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12, 1998 ( #7) TONKAWA SHORES PRIVATE ROAD STANDARDS REVIEW Dan Regan, 3410 North Shore Drive, was present. Allan Stein on behalf of Kenneth Stein of 3400 North Shore Drive was present. Gaffron reported to Council that on September 25, Dan Regan came before Council requesting a primary driveway access to the new road which is going to be constructed for the Tonkawa Shores subdivision being done by James Render. Staff had denied the request based upon the fact that this would be a second access for Regan's property, and he already has one access on North Shore Drive. The road which is being proposed by Render has been approved at a substandard width in a substandard size outlot as a private road to serve three users, and now this is a fourth. • Gaffron stated that Council heard from Dan Regan at their September 25 meeting and suggested Regan and James Render devise a proposal for increasing the width of Render's road to accommodate a fourth user, recognizing that the road plan as approved appears to limit Regan's (and his neighbors') ability to continue their occasional use of the old 16' easement. Council also suggested the neighborhood be notified of this request. Gaffron stated the neighborhood was notified. Gaffron noted the existing 16' easement is in question as to who owns it and if it is a public or private easement. Gaffron also noted the existing 20' sewer line easement to the south of the 16' easement is an encroachment into the neighboring properties to the south. Gaffron reported the initial approved proposal is a 16' driveway to . serve the three newly developed lots. Gaffron stated that Regan and Render are proposing to construct a 20' road instead of a 16' road, to serve four lots with a potential of up to six users. Mayor Jabbour questioned the cost for the project. Gaffron replied that Regan indicated would accept the additional cost of widening Render's road from 16' to 20', including engineering design, grading, paving, and drainage. Regan would also be responsible for a shared 25% of future maintenance cost. It was also suggested that the covenants be revised such that any additional adjoining property owner who potential would be served by this road (3400 & 3420 North Shore Drive) could come in only after having approval by a majority of all property owners bound by the declaration, and must agree to join the declaration. Regan stated that his title does not show a 16' easement to the City but rather a 16' private easement, and the County easement for County Road 51 along the front of his property, and a 20' easement to the City for sanitary sewer. Barrett stated in his opinion the plat for " Tonkawa Shores" should not be filed until the issue with the easement is resolved. Also, the attorney for Mr. Render should be put on notice and the matter resolved quickly. Page 6 0 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12, 1998 ( #7) TONKAWA SHORES PRIVATE ROAD - CONTINUED Gaffron stated that if the Council would agree conceptually it would give the property owners some direction as to how to proceed. Kelley felt the road should be 24' wide with a cul -de -sac at the end. Regan questioned if it turns out that the 16' easement is a private easement if Render will still qualify for the subdivision. Mayor Jabbour replied that Render would probably need to move the road off the private easement and start all over with the subdivision process. Regan stated that is not what he personally wants to see happen, and that he wants to see the new houses built. Mayor Jabbour was opposed to making the developer put in a 24' wide road when the Council has allowed, in the past, a 22' public street. • Kellev commented that the Council has forced the 24' wide roadway issue for many cul -de -sacs in the last 10 years. C� J Mayor Jabbour stated he felt the rule should be abolished. He reminded the Council that during the previous mayor's term, that he voted to remove that rule. Flint felt the width of the road should be at 20' and the location is good. Kelley questioned if Council allows a road less than 24', then what would the hardship for variances be in the City Ordinances. Mayor Jabbour replied, the Orono Comprehensive Plan on which the City Code is based was written with the understanding that it is the Councils responsibility to preserve the open spaces, preserve Lake Minnetonka, allow minimum hardcover, and I think it is in harmony with the community's philosophy. Kelley asked if 3420 North Shore Drive currently uses the roadway and if they would want to use this roadway. Gaffron stated that property has an old driveway which is overgrown at this time but that there is a good chance they would want to use the roadway. Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12, 1998 • ( #7) TONKAWA SHORES PRIVATE ROAD - CONTINUED Stein stated they would like to use the new road for access to the back of their property at 3400 North Shore Drive. Barrett stated staff should be directed to draft a letter to Regan listing reasons for requesting an extension to the application. ( #8) PLUMBING IN ACCESSORY BUILDINGS - ZONING CODE AMENDMENT - ORDINANCE NO. 179, 2ND SERIES Gaffron reported to Council a revised version of the "plumbing in accessory buildings" ordinance. It was tabled at the September 28 Council meeting for revisions. The two primary revisions discussed were limiting applicability of the ordinance (or at least the toilet/tub /shower CUP provisions) to properties of 2 acres in area or larger, regardless of the zoning district; and limiting applicability to structures that are conforming in location. Gaffron expressed a concern that if Council strictly limits this to properties of 2 acres or larger there could be a conflict with the ordinance that allows a guest house CUP for a property that meets the area standard in a 1/2 or 1 acre zoning district. Gaffron stated the building inspectors raised the issue of property owners who do not have an intent to use the accessory building as a guest house. The guest house CUP is intended for an accessory building that is a free standing dwelling which has all the amenities necessary to live there. Gaffron stated there is always a chance . that an accessory building with amenities that is intended for something other than dwelling use, will be used as an extra bedroom for short term stays for relatives for a few days to a week. If the room in the accessory building is used all summer by the relative, then the building has become a guest house. The zoning code does not differentiate between "occasional overnight use" and "guest house use ". Gaffron questioned at what level of use does an accessory building that has all the basic amenities become a dwelling. Kelley asked in the case of a 2 -plus acre lot in a 1 -acre zone being subdivided to create two conforming 1 -acre lots what happens to the accessory building and will the applicant be notified of the provision in our ordinance which states that in the event of a subdivision it may be necessary to tear down the accessory building so that a non - conforming situation does not occur. Gaffron replied that it will need to be addressed so that a non - conforming situation does not occur. Language could be added to the covenants or approval resolution as a warn ing/precautionary statement that the applicant needs to be prepared that the conditions might change if they want to subdivide. Moved by Flint, seconded by Goetten, to adopt Ordinance Number 179, Second Series, amending the Municipal Zoning Code of Orono by adding section 10.03 Subdivision 9F and Section 10.20, Subdivision 3Q regulating Plumbing in Accessory Buildings. VOTE: Ayes 5, Nays 0. Page 8 • ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12, 1998 ( #9) #2389 DANIEL KLUTH, 2801 FOX STREET - CONDITIONAL USE PERMIT - RESOLUTION NO. 4172 Daniel Kluth was present. Weinberger stated the Planning Commission has recommended this application be approved contingent upon approval by the City Council of the Zoning Code Amendment. Mayor Jabbour confirmed with the applicant that in the case the lot does become smaller than 2 acres, the plumbing in the accessory structure would need to be removed. Kluth acknowledged the finding of the ordinance with the mayor. Moved by Kelley, seconded by Peterson, to adopt Resolution No. 4172 approving Application #2389, granting a Conditional Use Permit to the Zoning Code Amendment Regulating Plumbing in Accessory Structures. VOTE: Ayes 5, Nays 0. ( #10) INTERIM USES Gaffron reported to Council that during prior Council review it was noted that the ordinance. language • does not strictly follow the language in the statutes, and that the criteria for interim uses should be spelled out. The reason for the interim use ordinance would be to allow temporary use of a property that might not be suited for uses it has been used for in the past, but could get some reasonable use for the next few years until it is taken for Hwy 12. Kelley questioned if the City was considering doing this ordinance strictly for the financial gain of the property owner. Moorse stated this ordinance is to provide some interim use of property where the current uses in the zone are not feasible. This would result in a financial gain for the property owner. Barrett stated he has no concerns with the way the ordinance is drafted. Barrett felt the ordinance focuses on the specific pieces of property for a specific period of time. Kelley asked what properties are mostly affected by this ordinance. Gaffron replied the daycare at the intersection of Hwy 12 and County Road 6, and potentially the Dog House Kennel. Page 9 • ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12, 1998 ( #10) INTERIM USES - CONTINUED Kelley questioned if this ordinance would apply to portions of property in which the building is not taken but a portion of the land is taken (i.e. the Apple Orchard, Van Dale). Gaffron stated the ordinance only applies to properties in which the existing building will be acquired by Mn /DOT. After additional discussion, Council directed staff to discontinue further work on this proposed ordinance as it was not a high priority at his time and needs further consideration at a later date. It was the consensus of the Council that no action be taken regarding an interim use ordinance at this time. MAYOR/COUNCIL REPORT Mayor Jabbour reported to Council that he met with Dennis Asmussen, head of the DNR Trails and Waterways Division, and discussed issues /concerns of the possible change of governor and how it will affect the commissioner of the DNR. He talked with the field supervisor and the region supervisor regarding the request of the Orono Hwy 12 Design Committee to widen the bridge on the Luce Line. Mayor Jabbour commented on the letter the DNR sent him, stating their position is that the bridge needs to be 14' wide. Mayor Jabbour addressed the upcoming Orono School District project and suggested a joint meeting • between Council, Orono City staff and the Orono School Superintendent regarding issues related to the project. ENGINEER REPORT ( * #11) PAY REQUEST #2 FOR SHORELINE/HERITAGE DRIVE SANITARY SEWER IMPROVEMENTS Moved by Goetten, Seconded by Peterson, to approve Request for Payment #2 for Heritage /Shoreline Sanitary Sewer Project to G.L. Contracting in the amount of $127,528.76. VOTE: Ayes 5, Nays 0. ( #12) AMEND ASSESSMENT ROLL FOR SHORELINE/HERITAGE DRIVE SANITARY SEWER IMPROVEMENTS - RESOLUTION NO. 4173 Moved by Kelley, seconded by Peterson, to adopt Resolution #4173 to Amend the Interest Rate and Date Applied to the Shoreline Drive, Heritage Drive and Heritage Lane Areas Sanitary Sewer Assessment Roll, As Established BY Resolution No. 4106. VOTE: Ayes 5, Nays 0. Page 10 0 ORONO CITY COUNCIL MEETING • MINUTES FOR OCTOBER 12, 1998 ( * 913) NO PARKING - FERNDALE ROAD NORTH - RESOLUTION NO. 4174 Moved by Goetten, seconded by Peterson, to approve Resolution #4174 Relating to Parking Restrictions On Ferndale Road North. VOTE: Ayes 5, Nays 0. ( #14) DISCUSS /APPROVE GOLF COURSE PAINTING Moved by Goetten, seconded by Peterson, to approve the purchase of 480 prints of a golf course hole painting for $5,000 for resale at the golf course. Funding would be from the golf course fund. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT ( 415) RENEW PARTICIPATION IN LIVABLE COMMUNITIES ACT - RESOLUTION NO. 4175 Moorse reported to Council on the participation in the Livable Communities Act program. Moved by Goetten, seconded by Kelley, to approve Resolution #4175 Electing To Continue Participating in the Local Housing Incentives Account Program Under The Metropolitan Livable Communities Act. VOTE: Ayes 5, Nays 0. ( 916) LIGHTING FOR ORONO CITY FACILITIES PARKING AREAS Moorse addressed the need for more lighting in the parking lot areas and the safety problems that have arisen due to the lack of lighting. Council directed staff to gather additional information and cost and bring back before the Council at a later date. Kelley suggested the new light poles match the height and style of the current poles and fixtures. ( * #17) BUDGET AMENDMENT FOR EXPENDITURES RELATED TO COUNTY ROAD 15 STUDY Moved by Goetten, seconded by Peterson, to amend the Special Projects Contingency account of the General Fund to reflect the additional expenditure of $20,000 for the County Road 15 traffic study. VOTE: Ayes 5, Nays 0. Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12, 1998 • ( 418) AUTHORIZE AGREEMENT WITH Mn/DOT FOR HIGHWAY 12 NOISE AND VIBRATION STUDY - RESOLUTION # 4176 Moved by Goetten, seconded by Peterson, to adopt Resolution 94176 authorizing the City to enter into a cooperative agreement with Mn/DOT through which Mn/DOT will fund a noise and vibration study related to the Highway 12 upgrade project, and authorizing the Mayor and City Administration to sign the agreement. VOTE: Ayes 5, Nays 0. ( #19) SCHEDULE WORK SESSIONS Mayor Jabbour selected November 4, November 18, and December 2 at 7:30 a.m. for Council work sessions. The November 4th work session topic will be the City's surface Water Management Plan. One of the work sessions will include tours of the City's industrial buildings. CITY ATTORNEY'S REPORT - RESOLUTION NO. #4177 Barrett requested a brief executive meeting. Moved by Peterson, seconded by Goetten, to adopt Resolution No. 4177, approving a settlement of legal actions related to the Minnesota Police Recruitment System; and authorizing payment • thereof. VOTE: Ayes 5, Nays 0. (420) LICENSES There were no licenses. ( * #23) BILLS Moved by Goetten, seconded by Peterson, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Moved by Mayor Jabbour, seconded by Goetten, to adjourn the meeting at 10:35 p.m. ATTEST: V �_ Li a S. Vee, City Clerk Gabrie Jabbour, Mayor Page 12 •