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HomeMy WebLinkAbout05-27-1997 Council Minutesi ROLL 40 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 27,1997 The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, and Richard Flint. Barbara Peterson was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Assistant Planning and Zoning Administrator . Michael Gaffron, Planner /Zoning Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, City Engineer Tom Kellogg, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:08 p.m. ( * #1) CONSENT AGENDA Items #8, 9, 10, 15, 16, 17, 19, 20, and 22 were added to the Consent Agenda. Goetten moved, Flint seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES ( *#2) ASSESSMENT HEARING OF MAY 6,1997 - NORTH LONG LAKE/LONG LAKE COUNTRY CLUB ADDITION SEWER PROJECT Goetten moved, Flint seconded, to approve the Minutes of the Assessment Hearing of May 6, 1997 regarding the North Long Lake/Long Lake Country Club Addition Sewer Project. Vote: Ayes 4, Nays 0. ( * #3) REGULAR MEETING OF MAY 12,1997 Goetten moved, Flint seconded, to approve the Minutes of the Regular City Council Meeting of May 12, 1997. Vote: Ayes 4, Nays 0. ( *#4) RECONVENED 1997 BOARD OF REVIEW MAY 12,1997 Goetten moved, Flint seconded, to approve the Meeting of the Reconvened 1997 Board of Review of May 12, 1997. Vote: Ayes 4, Nays 0. PARK COMVIlVIISSION COMMENTS There was no member of the Park Commission in attendance. PLANNING COMMISSION COMMENTS Planning Commission Chair Dale Lindquist had no comments at this time. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 PUBLIC COMMENTS • Maury Taylor, 550 Old Long Lake Road, asked the Council to consider improvements to the intersection of Old Long Lake Road and Highway 12. He reported that the intersection has become dangerous. Taylor said there have been a number of changes on East Long Lake Road from Spring Hill Road.down to Highway 12 resulting in increased traffic, lakeshore erosion, and safety issues. Taylor said he has seen more speeding in the evening hours and racing on the east side of the lake. He reported that a car went off the road last month into the lake. Taylor asked the Council to consider prohibiting parking along the roadway, noting the limited roadway width, which he believes will aid in reducing congestion and litter. He suggested speed bumps be placed on the roadway to eliminate racing noting the road currently functions as a cut off. He also suggested eliminating access from Highway 12 to Old Long Lake Road. The Council asked Moorse to investigate these issues. ZONING ADMINISTRATOR'S REPORT ( #5) ORDINANCE AMENDMENT - TELECOMMUNICATIONS TOWERS AND ANTENNAS - ORDINANCE NO. 161, 2ND SERIES Van Zomeren referenced a letter from U.S. West concerning amending the proposed 0 ordinance to include their ability to have a telecommunications tower as an extension of their business at their building at 3601 Shoreline Drive in Navarre. A representative of that company appeared before the Council at their last meeting. Van Zomeren reported that the proposed ordinance would allow for PCS antennas as secondary uses on municipal structures such as water towers in the RR -1B Zoning District. Van Zomeren noted that the Planning Commission has held two public hearings on this issue and recommends approval of the ordinance with the caveat that a work session with industry representatives may be required if the need for more capacity is shown. Van Zomeren said the moratorium on telecommunication towers will expire on June 10. Moorse indicated the telecommunications engineering consultant, John DuBois, was in attendance to answer any questions. The meeting was opened to public comments. 0 2 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 ( #5 - Telecommunications Towers and Antennas Ordinance Amendment - Continued) Donald Currier, 60 Cygnet Place, said he is an amateur radio operator. He is concerned with the maximum height change for amateur radio operator towers from 65' to 55. He feels this is too restrictive based on information regarding his particular use. Moorse informed the Council that this change was recommended based on discussions with DuBois. Moorse said the City is attempting to minimize the number and height of antennas, but the portion of the ordinance relating to this amateur use is minimal. Jabbour noted that the discussions relating to this issue will continue into the future. He indicated that topography and other criteria enter into determining the height of antennas. Goetten reported that a similar problem occurred regarding an amateur radio operator tower on Fox Street. Currier reported how the antennas operate and believes 74' would be a reasonable height for the need. His particular equipment would extend 5' beyond the 65' high antenna. He asked for reconsideration. Moorse said this portion of the ordinance would be changed or amended if the Council recommended. Kelley suggested leaving the height at 65' and asked how the figure was derived. Moorse indicated it was not clear how the current 65 foot height restriction was first determined. Goetten said the amateur radio operators should be notified of any change to the height restriction. Goetten and Jabbour both recommended maintaining the 65' height requirement. Greg Korstad of Larkin -Hoffman Law Firm was present representing APT, a PCS service provider. He opined that the two water towers would not be able to serve the entire City. His client is under operation and unable to service Orono due to the moratorium. He would like to see the moratorium end so providers may determine their service needs in this community. He asked the Council to keep the issue open if the ordinance is passed so the industry can move quickly and effectively in developing antenna sites. Korstad noted that the PC providers are not in the business of constructing antennas and would prefer to use structures currently in place. Jabbour informed Korstad that Tom Alexander of his firm has previously addressed the Council on this issue. He noted the ordinance was drafted with advice from a telecommunications consultant. Jabbour indicated that Orono encompasses as well as surrounds other cities where other antennas sites are available. 3 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 ( #5 - Telecommunications Towers and Antennas Ordinance Amendment - Continued) Korstad said that the water tower in Long Lake was structurally inadequate. He asked that Orono do their part in providing for this need. Jabbour said Alexander informed the Council of the grid system used for establishing service. He felt the Council would need additional information to show that the proposed sites are inadequate to provide the service. Flint moved, Goetten seconded, to approve Ordinance No. 161, 2nd Series, amending the City's telecommunications regulations, with the retention of the 65 foot height restriction for amateur radio antennas. Vote: Ayes 4, Nays 0. (#6) #2209 SPRING HILL GOLF CLUB - 700 SPRING HILL ROAD - CUP/VARIANCE - RESOLUTION NO. 3902 The applicant was present. Gaffron reported that Staff was directed to redraft the resolution approving the CUP and variances with findings and conditions relating to discussions held at the May 12 Council meeting. He noted that a number of issues have been resolved. These issues are as shown in the May 27 Staff memo, numbers 1 -6. Gaffron indicated there are three remaining issues requiring resolution. They pertain to • access from CoRd 6, upgrade of Spring Hill Road, and the proposed trail. A letter was received from Hennepin County accepting the existing CoRd 6 access subject to construction of a westbound bypass lane, an eastbound right turn lane (and possible acceleration lane), and closure of all existing field entrances. Council is being asked to determine whether the applicant shall be required to participate in any upgrade to Spring Hill Road. The final version of the trail agreement was also provided. Council was asked to provide any additions, subtractions, or revisions to the resolution as presented. Jabbour inquired how the applicant's use will affect Spring Hill Road. Gaffron said he felt there would be few, if any, impacts. Jabbour said he thought this was a moot issue with access from CoRd 6. Kelley inquired if closing all accesses to Spring Hill Road before construction would present any problem. Tim Johnson said it would be used during tree removal, for demolition of the existing house, and building of the pump station. 0 4 - MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 (#6 - #2209 Spring Hill Golf Club - Continued) Kelley asked Staff to analyze and document the condition of Spring Hill Road prior to any construction activities, and close the road to Spring Hill Golf Club traffic after the construction is completed. The developer could then be required to pay the cost of repairing any damage to the road caused by the construction. Hunter agreed. Tim Johnson said a split rail fencing will be removed to access the septic site area if need be. Jabbour informed that the road can be used if maintenance is required. Flint supported the CoRd 6 access as preferred by the neighboring property owners. Goetten also said CoRd 6 was the best access location. Kelley informed the applicant to keep the load limitations in mind during the spring months suggesting the house be demolished this summer. Gaffron said a pre - construction analysis of Spring Hill Road can be done. Any damages made to the road from construction will then be paid for by the applicant. Gappa indicated that the letter of credit can include the estimated cost of repairing the road. • It was noted that Hennepin County will not require an upgrade of the Hunter Drive and CoRd 6 intersection. The only upgrade required will be at the present access location and for the west bypass, right turn and acceleration lanes, which will be paid for by the applicant. is Tom Crosby said he sent a letter to Dave Zetterstrom of Hennepin County offering the bypass to be located on the north side of the road. He noted that Hennepin County had considered cutting into the hill but that proposal would be expensive. He asked for the ability to continue negotiations with the County regarding road upgrades. Jabbour said the City has an interest in upgrades off of CoRd 6 and is in agreement with Hennepin County regarding the bypass lanes, which was a City request. Flint voiced the need for an eastbound acceleration lane. Gaffron said it would be reasonable for the County to request an acceleration lane suggesting details can be worked out. He questioned whether the acceleration lane would be required. Goetten agreed with Gaffron noting most traffic will be westbound. Jabbour indicated that the applicant will have to provide the upgrades required by the County. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 ( #6 - #2209 Spring Hill Golf Club - Continued) Kelley noted there is a benefit with the golf club traffic going against the peak traffic as traffic will be heavier westbound in the evenings. He felt if the County requires it, he would support the upgrade. Jabbour asked that the recommendation remain as noted. Tom Crosby referenced his faxed letter proposing changes in the resolution. He proceeded to list his requested changes as follows with Council response: Page 11 of 16, 7C - change to "implement other safety devices as required by Hennepin County. Council agreed. Kelley asked the applicant if they understood the signage and lighting requirements. Hunter agreed to adhere to code requirements. Kelley informed the applicant that the lighted intersection must meet code. Applicant and Council discussed the construction hours allowed as noted under item 10 on pages 13 and 14. Hunter requested the general construction hours be extended from 7 am to 7 pm, Monday through Saturday. Tim Johnson said this would occur during the months of June through September, and possibly October, if inclement weather exists. 'The noise ordinance limits the construction hours. Richard Krueger, Willowbrook Drive, said he would prefer not to hear noise early on • Saturday mornings. He thought the understanding was no heavy equipment or chain saw use would be conducted on Saturdays. Jabbour indicated the restriction applied to Sundays with discretion allowed by Staff for Saturday construction operations. Krueger suggested the start time of 9 am for Saturday construction. Council agreed to Saturday 7 am to 7 pm with a two hour restriction from 7 am to 9 am against noisy equipment. Crosby requested that the amount of land alteration be increased from 350,000 cubic yards to 400,000 as noted on page 1 and page 8. The plans have not changed but this figure more accurately reflects the amount. Council was informed that it would have no other effect. Page 3, point #4 (unnumbered) under 8, regarding Wetland #15 - creates new wetland instead of expand. Page 5, 12A, "selective trimming and tree removal" instead of hand trimming. Number 17 on page 6 - "..most appropriate to require that access to the golf course be via the present access (added) on County Road 6 ". is 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 0 (#6 - #2209 Spring Hill Golf Club - Continued) Page 8, #2, under Legal Combination. Prior to issuance to building permits was changed to "Prior to 1/1/98 ". Flint questioned how the selling of the portion of wetlands south of Spring Hill Road would be affected by the legal combination. Crosby indicated that this particular property is a separate tax parcel. Flint noted that this wetland is used to clean water from the golf course and recommends that it be left unobstructed to ensure water quality. Crosby indicated that regardless of ownership, the wetland is protected as far as its function. He suggested a conservation easement be placed on the wetland in the future. Gaffron did not feel this property had to be legally combined with the golf club but did believe a conservation easement should be required before the property leaves the ownership of the golf club. The easement issue was discussed. Morrison suggested the wetland be City owned or an easement placed on it. Goetten asked why there was a change. She was informed that a neighbor has asked to purchase the property south of Spring Hill Road. Morrison said the neighbor would want to- control the dry portion of the property. Crosby indicated that it would be more beneficial for the new owner to provide the easement. Council agreed to the wording for this particular parcel that "if conveyed, it is subject to standards of Orono wetlands easement ". Gaffon will amend the resolution language • regarding the legal combination of all parcels, an indication that this parcel is not included but requires granting of a conservation easement. 0 Page 8, 3Aiii - Also includes "rest station ". Crosby asked that "to greatest extent possible" be added to both sentences under 4B on page 9 noting the intention is to contain the runoff and grading. Kelley questioned who would make the judgment of what is considered practical. Gaffron said if a spill occurs, it would be difficult to enforce. Crosby said his concern was directed at maintenance of the golf course versus accidents, as all of the runoff from the course will not drain into the N(IRP pond as indicated by the statement. Gaffron supported this change. Flint did not. Tom Barrett noted that the issue is not defined as to enforcement. He questioned what would trigger the violation and what the remedy would be if such an event happened. The CUP process would be a remedy but felt the change to the language as suggested by Crosby would lay grounds for dispute. He feels the language as originally drafted is enforceable. Jabbour said he would defer to the City Attorney's recommendation. 7 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 (#6 - #2209 Spring Hill Golf Club - Continued) Crosby said the standard was unrealistic. He said the second sentence will not occur as all of the water will not drain into the treatment pond. Barrett suggested breaking the wording down into cases. Crosby said he was satisfied with the first sentence. He suggested the second sentence be changed to, "design subject to City approval to divert runoff to the extent topography permits ". Hunter said a qualifier was necessary for the plans. Marshal Braman noted that the majority of the runoff would enter the ponds but if any runs off onto the grass, it would be considered in violation. He said the design directs water to areas agreed to by the City Engineer and MCWD. Moorse suggested the place for enforcement is with the design plans themselves regarding final grading. He suggested the wording of "final grading and landscaping plans subject to City approval ". Drainage would then run to where designed. Barrett agreed with this language. Council agreed with change. Item 5C, page 10, referencing membership in Audubon Program, Crosby asked that the last sentence be changed to "obtain membership if accepted ". When asked why this issue was included, Gaffron said he has attempted to include all commitments made by the applicant during the review process. 1 0 Page 11, item 6, change "completely invisible" to "mostly invisible ". Crosby suggested changes to items 7A and 7B. Kelley suggested eliminating these items but Goetten noted that County approval had not yet been obtained. Jabbour recommended eliminating A and B. Gaffron suggested exchanging 7A with the information regarding applicant repairing Spring Hill Road if damaged to pre - construction condition. Staff would make a pre - construction analysis. 7C - "as agreed upon" was added regarding westbound traffic auxiliary lane. Page 12, Du, Crosby suggested referencing the plans previously submitted to the City. Moorse asked that the date of the plans be noted. Gaffron recommended referencing the exhibit. Under Diii, Crosby asked that the item state the fencing shall "generally be of low opaqueness and permit rustic but opaque fence for safety reasons or separation reasons ". The separation refers to where the trail runs near the tee at hole #6. Crosby said the plans are not to fence the course. Jabbour said he would prefer wording prohibiting future fencing of the course. 0 8 0 MINUTES OF THE REGULAR ORONO CITY COUNCH, MEETING HELD ON MAY 279 1997 (#6 - #2209 Spring Hill Golf Club - Continued) Flint noted that the concept was to maintain animal movement. Jabbour suggested adding "to maintain habitat ". Crosby suggested the wording be placed under the trail section and adding another under accessory structure and under a general category. Moorse suggested the plans be referenced and show specifically where low opaque and opaque fencing will be located. Crosby indicated that the trail plans have not yet been developed. Jabbour agreed but noted that the reasons why fencing is or is not needed should be stated. Gaffron recommended adding Div stating "types of fencing which would restrict wildlife movement are not approved and require amendment to the conditional use permit ". Crosby asked that the safety and separation issues be included to show legislative history. Kelley asked that "generally" be eliminated. Moorse said the language should include "subject to City approval ". Crosby agreed. Kelley noted that there may be a future problem with cars driving onto the course. Hunter said the Council could be approached if this occurred. Jabbour informed the applicant that the Council is strongly against fencing the course. Page 13, 9Bii, changed to "golf club related activities ". Crosby asked that a 9Biii be added stating, "other recreational activities limited to members ". Under Cv, Crosby suggested adding, "and not reasonably listed under golf course operation use ". Jabbour questioned who would define what is reasonable and what are related items. Concern was expressed over the use of "etc" under Civ. The City would like to see protection written in prohibiting use for large presentations. Jabbour indicated that the by -laws can be filed on record to use as a benchmark. Gaffron said a copy of the by -laws would then be required. Crosby asked to eliminate the "etc" and add "involving primarily members and their guests ". Jabbour asked that "primarily" be eliminated. Barrett asked if the Council's intention is to allow wedding receptions. Kelley said it was. Jabbour said, while the kitchen is limited in its use, food could be brought to the premises, and intensity of use should be considered. Kelley noted that the building itself will inhibit the use. Crosby indicated Civ could remain with "etc" eliminated and as noted above. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 (#6 - #2209 Spring Hill Golf Club - Continued) 0 Moorse said the parking and building size are a limitation in itself but could be a condition. He suggested auxiliary use be limited to uses that could be accommodated by the planned parking spaces. Crosby said the golf course use allows 20 spaces for every 1000 s.f. The club house requires 60 spaces and 120 are proposed. Kelley said he would support that. Gaffron added under iv, "for members and their guests ". Kelley asked why the City would limit the use. Moorse said it was due to increased traffic and size of an event. Kelley noted other places within the City that allow such use. Goetten indicated that the applicant has already placed limits upon themselves. Jabbour noted changes could occur in the future changing the use to that similar to other golf courses with meetings, receptions, use by churches, weddings, etc. Kelley made note of the high use by the previous owner. Jabbour agreed with the resolution as written. Crosby said he would provide a copy of the by -laws but did not want them included in the CUP. Hunter agreed with giving the City access to the by -laws but voiced concern with malong the by -laws public record. Barrett said the by -laws would be required as a basis of documentation. Crosby said he would provide information from the by -laws reflective of the issues involved under Civ. Jabbour asked that any information from the by -laws regarding density and use of facility be provided. 0 Moorse questioned the use referred to as golf - related clubhouse activities noted under 9B, Seasonal Use. Cross country skiing was supported but snowmobiling was not. Flint suggested the use of "other non - motorized activities ". Applicant and Council agreed. Crosby indicated that the real estate closing would occur on Tuesday, 5/28. Movement of trees is scheduled to begin Thursday, 5/30. The applicant hoped to have construction work begin on June 2. Crosby asked what additional information was needed to formalize the application to allow this schedule to be met. Jabbour informed him that the Council would make a determination at this meeting. Kelley asked what would happen if situations occurred other than presented during construction. Gaffron said modifications are expected. Any major changes would be brought to Council's attention. Kelley asked that in the firture the golf club present major proposed improvement project plans before the Council early in the year. This would enable the Council to maintain an understanding of the golf club's comprehensive plan. Crosby concurred. E 10 AMUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 • (#6 - #2249 Spring Hill Golf Club - Continued) U Jabbour noted that the applicant is willing to proceed with a trail along the perimeter of the golf club. The City will in turn be the agent for the tunnel project. The Park Commission provided a trait plan but the site is limited by the wetlands. Council and Staff agree that filling of wetlands for a trail would be bad policy. The applicant will work with the Park Commission regarding the trail plan. Flint will work with the applicant regarding the trail plan. Flint said he is satisfied with the general conceptual statements relating to the trail. Council reviewed provisions requiring further attention. Regarding wetland mitigation credits, Jabbour indicated that the applicant has asked for agreement to maintain a portion of the credits to allow for building on site if necessary. Council approved. Barrett asked to establish a date for the Developer's Agreement as noted under item 12 on page 15. Crosby deferred to Gaffron. Gafiron said some discussion was required. It was noted that the Developer's Agreement is required prior to grading. Crosby suggested the Developer's Agreement be completed in portions noting they are bound by the use limitations. Barrett, Council and Applicant in agreement with providing Developer's Agreement prior to grading. Gaffron said boilerplate is generally used as a guideline for the Developer's Agreement. He asked for Council direction. Gaffron noted areas requiring further detail, the weir for the Krueger wetland situation, road improvements, trail, construction damage to Spring Hill Road, easements for ponding, and public and private expectations. Jabbour suggested Gaffron work with City Attorney to draft the Developer's Agreement. Gaffron concurred. He noted that internal grading is not as critical an area. Jabbour stated that the agreement is required before grading can begin. Crosby asked that grading be in one Developer's Agreement and the other issues be in another. Jabbour asked that public improvements be taken care of immediately. Krueger voiced concern with details regarding the weir on Wetland 17. He has only viewed a letter from Braman on the subject. He would like to have a written agreement with the developer to eliminate future problems. Jabbour indicated that the permit is based on the plans submitted. Crosby and Braman said they would memorialize with Medina an agreement with Krueger and present a copy of said agreement to Krueger. Jabbour told Krueger to obtain a copy of the Council minutes for his record. lI MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 (#6 - #2209 Spring Hill Golf Club - Continued) • Krueger asked about possible oak wilt and Dutch elm disease problems spreading on the property and conditions placed on the applicant pertaining to the issue. Jabbour said the building permit process calls for a tree expert to be on site. Krueger indicated that Braman's letter said the issue would be addressed where economically feasible. He questioned who would determine what is economically feasible. Crosby said the issue can be addressed in the developer's agreement involving grading and will include responsible tree removal. Jabbour concurred that the issue will be addressed in the agreement. There were no other public comments. Jabbour expressed gratitude and appreciation to the Planning Commission for their efforts and results concerning the application. Jabbour moved, Goetten seconded, to approve Resolution No. 3902 as amended by the directions given above for approval of the conditional use permit and variances for the conversion of the Spring Hill Conference Center to the Spring Hill Golf Club. Vote: Ayes 4, Nays 0. Hunter thanked Lindquist and Planning Commission, Susan Wilson and the Park Commission, Mayor Jabbour and Council, and Mike Gaffron for their assistance. • (Council recessed for 5 minutes.) ( 0) #2221 SVEN A. WASBERG & ARLENE DE CANDIA, 3115 NORTH SHORE DRIVE - VARIANCES /CONDITIONAL USE PERMIT - RESOLUTION NO. 3903 The applicant was present. Van Zomeren reported that the Planning Commission has reviewed the application on three separate occasions. As a result, the applicant has substantially revised his proposal for the removal of the existing residence and construction of a new residence. A conditional use permit is required for excavation and fill in the 0 -75' setback along with lot area, lot width, hardcover, average lakeshore, and side setback variances. Van Zomeren indicated that the Planning Commission was concerned with the location of the residence. The applicant moved the house back on the lot as far as possible as well as reduced the side yard variance. A long driveway is required due to the location of the lagoon. A small turnaround will be provided. Hardcover calculations concern the 0 -75' setback area because the entire site is 75' from the lake and the lagoon. Both the lake and lagoon are subject to the Shoreland Ordinance. 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 • ( #7 - #2221 Sven Wasberg - Continued) Van Zomeren said the Planning Commission recommends approval as noted in items 1 -7 in the Staff memo. Jabbour asked about the opinions of the neighbors. He was informed that Wasberg owns the property to the west. The neighbors on the east originally were concerned with the height of the structure but applicant has worked with the neighbor regarding landscaping and setback. Wasberg had no further comments to add. Kelley was informed that the applicant also owns the property next door (to the west) and will move from that residence to the new residence. Goetten questioned the discrepancy in calculations and why the residence cannot be moved out of the 0 -75' setback. Van Zomeren indicated that due to the lakeshore and lagoon, there is no buildable pad. If the residence was moved behind the 75' setback, there would be no turnaround area. Goetten asked the square footage of the proposed residence. Van Zomeren said the projected footprint is approximately 1200 s.f with an additional 500 s.f for garage. • Wasberg indicated that the total square footage would be 2500. Jabbour voiced concern with the heightened profile from the lakeshore from its existing low profile. He noted the applicant's attempt to reduce hardcover but indicated there was an increase in hardcover. Van Zomeren reported that the proposed residence meets the height requirement for this zoning but recognized the major visual change. 40 Jabbour indicated that the flavor of the community was changing. Goetten said she is concerned with substandard properties in the area adding additional structural coverage. She suggested the applicant be put on notice that no additional structural coverage be added in the future. Van Zomeren noted that the applicant did reduce the hardcover. Goetten agreed that the property presents a hardship but indicated larger lots are some times needed for such projects. Kelley was informed that the property is .439 (dry buildable) acres in the 1 acre zoning district. Kelley noted the applicant owns the adjacent property; but due to the location of the lagoon, a combination of lots would not assist this application. Flint moved, Kelley seconded, to approve Resolution No. 3903. Vote: Ayes 4, Nays 0. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 ( * #8) #2230 GEORGINA HACKNEY, 2184 SHADYWOOD ROAD - VARIANCE - RESOLUTION NO. 3904 Goetten moved, Flint seconded, to approve Resolution No. 3904. Vote: Ayes 4, Nays 0. (z#9) #2231 EVAN ANDERSON, 1260 SPRUCE PLACE - VARIANCES - RESOLUTION NO. 3905 Goetten moved, Flint seconded, to approve Resolution No. 3905. Vote: Ayes 4, Nays 0. ( * #10) #2232 WOODSMITH, LTD., 1520 FOX STREET - VARIANCES - RESOLUTION NO. 3906 Goetten moved, Flint seconded, to approve Resolution No. 3906. Vote; Ayes 4, Nays 0. ( #11) #2234 DOUGLAS E. WALDOCH, 4215 NORTH SHORE DRIVE - VARIANCE - RESOLUTION NO.3907 The applicant was present. Van Zomeren reported that the applicant seeks lot area and lot width variances to remove the existing residence to construct a new residence. The lot is 90' wide requiring a 50' variance. The property is .664 acres in the 1 acre zoning district. The Planning Commission reviewed the application and recommended approval. Van Zomeren reviewed the survey noting the existing house sits near the north property line and the garage is located in the road right -of -way. More property is required for conformity. The applicant had no further comments. Goetten clarified that the lot size is 28,908 s.f. She requested a breakdown be shown of any hardcover and structure in the 0 -75' setback. She questioned a shed located in the 0- 75' setback. Van Zomeren was asked if the Planning Commission recommended removal of the shed. Van Zomeren said they did not. She reported that the property met the structural coverage allowance, and the Planning Commission did not discuss the hardcover in the 0 -75' setback. Goetten recommended removal of the shed from the 0 -75' setback The shed can be placed elsewhere on the property. Goetten explained to the applicant the reason for removal of hardcover in the 0 -75' setback noting stairways are allowed. Kelley and Flint agreed. • 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 • ( #11 - #2234 Douglas Waldoch - Continued) Jabbour inquired about the property's elevation. Waldoch said the initial 75' is flat with the home located in the steeper grade. Jabbour noted there was no need for the shed to be located in the 75' setback. Waldoch said the distance from the house to the lake is far. Jabbour indicated that the City has been consistent with asking for removal of hardcover within the 75' setback. Waldoch noted the shed serves a function but would be willing to move it to another location to gain approval of the application. Van Zomeren clarified that the shed could remain elsewhere on the property. Kelley suggested the shed be placed behind the average lakeshore setback. Goetten moved, Kelley seconded, to approve Resolution No. 3907 with removal of the shed out of the 0 -75' setback. The shed can be placed elsewhere behind the average lakeshore setback on the property if hardcover requirements are met. Vote: Ayes 4, Nays 0. ( #12) 92235 MARTIN B. SCHNEIDER, 2180 NORTH SHORE DRIVE - CONDITIONAL USE PERMIT AMENDMENT - RESOLUTION NO.3908 The applicant was present. • Van Zomeren reported that the application is for an amendment to a conditional use permit for the Old Hill Schoolhouse located in the RR -iB Zoning District. The property is 25,400 sT The Lake Minnetonka Environmental School is requesting relocation to this property. The Planning Commission recommended approval subject to the building receiving a certificate of occupancy before the school relocates into the building, a future change in tenancy would require an amendment to the CUP, and review of the appropriate use classification and required state building code rules and regulations for the proposed use. Goetten questioned the limiting of the occupancy to 55 when the prior usage occupancy was 83. Van Zomeren indicated that the number was derived from the school's maximum enrollment. Gowen said she would prefer the number be increased to allow a change in enrollment. Kelley inquired if the building code would require the building be sprinkled. Jabbour indicated that this issue was not in the Council's jurisdiction. Schneider reported that he would perform what is required for the given occupancy and accept code standards. For the record, Schneider said he did disagree with the assignment of the occupancy as the change in classification triggers meeting the building code regulations. He noted this is a separate issue and is willing to proceed with the application based on the Planning Commission's recommendation and according to the resolution as stated. He does, • however, question the findings of the Staff. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 ( #12 - #2235 Martin Schneider - Continued) • Kelley inquired who makes the decision regarding classification. Schneider said El classification allows for occupancy up to 50 children up to grade 12 and E2 allows more than 50. Schneider asked the application be moved forward pending code review and will comply with code. Kelley asked if the classification is determined by Staff. Moorse said the inspection staff reviews it. Kelley asked if this has been done. Van Zomeren said an architect prepares the code compliance, and it is reviewed by Building Official Lyle Oman for completion and appropriateness. Oman performed that review. Moorse noted that the E 1 and E2 classification requires a fire suppression system. He said the change in the building code triggered the need for the fire suppression system but the code compliance has not yet been reviewed. Van Zomeren indicated that this would be conducted by the building official, after an architect had prepared an analysis. Jabbour indicated that the process can be appealed citing an example when the inspector did not agree with the architect's findings. Jabbour reported that Schneider suggested the City's classification of the property before as B2 and now as E2 caused him to lose his grandfather rights. Jabbour clarified for the record and in defense of the City that Staff had made every attempt to get the former occupant in compliance without success. Whether the building is sprinkled is not within the Council's jurisdiction. It is a subject of the building code. Schneider informed Jabbour that he will continue with the process noting he could appeal if necessary. Jabbour and Kelley both noted that regardless of what occurred in the past, the rules regarding children occupying the building have to be • followed. Van Zomeren informed the Council that the prior occupant, the art school, had moved into the building without a certificate of occupancy. The City then had to make attempts to gain compliance over 3 -1/2 years. The B2 classification was for the art center. The Building Official did not observe children on the premises during his inspection. While the past classification may have been incorrect, the classification should be determined before any new use is allowed. Van Zomeren confirmed for Schneider that the building does not have a certificate of occupancy. Schneider reported that he is not affiliated with the art school. He gained possession of the property again when the art school defaulted on their contract for deed in February, 1997. Jabbour said the Council would like to expedite and facilitate the application. He indicated that the building can be shown to people prior to receipt of the certificate of occupancy. is 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 • ( #12 - #2235 Martin Schneider - Continued) Schneider indicated that he originally purchased the building in 1989 and maintained the current use. The building is currently for sale. He noted the problems with having to add a fire suppression system to the building, both structural and financially. He expressed concern that the City may not want to maintain the building as a school. Jabbour said the philosophy of the City is not to become involved in the use but indicated the Council is in support of the project. Van Zomeren said the resolution does not include a maximum number for occupancy. She recommended a number be included. Schneider noted that the building code is based on the building size and age of occupants. Van Zomeren said the number of occupants based on the building code is consistent with the resolution as drafted. Kelley moved, Goetten seconded, to approve Resolution No. 3908. Vote: Ayes 4, Nays 0. (#13) #2236 WILLIAM H. BOCKMANN,1090 LOMA LINDA AVENUE - VARIANCE - RESOLUTION NO. 3909 The applicant was present. • Van Zomeren reported that the application is a request for side yard and hardcover variances for removal of an existing one -car garage and to install a two -car garage. It 0 was noted that the Council had not been provided with the survey for their review. The property is .215 acres in the 1 acre zoning district. It does not meet lot area or width. Van Zomeren indicated that the location of the well limits the location for the new garage. She reported that the Planning Commission recommended approval for a 2.6' side yard variance and an increase from 37.2% to 38.98% hardcover in the 75 -250' setback where 25% is allowed. The Commission asked that a caveat be included putting the applicant on notice that no future hardcover would be allowed. Mr. Bockmann said the garage would actually be P from the property line due to the well. Kelley noted that conceptually the garage is located in the roadway and needs to be moved. He understood the need for a 2 car garage and supported its placement due to the well location and approval by the neighboring properties. Goetten reported that it was not possible to make any determinations without having the survey available. 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 ( #13 - #2236 William Bockmann - Continued) . Van Zomeren said the Staff report was completed from the survey submitted. She said the survey indicates the existing garage location is 3' from the north property line but is proposed at 2.6. Acknowledgment letters from the neighbors are included. Van Zomeren said hardcover calculations need to be redone as required by the surveyor. Bockmann said there was a problem with the location of the neighbor's retaining wall. The submitted survey is wrong and the garage will be built at 1'. Van Zomeren said the resolution would have to be revised to reflect this change. Jabbour asked how this could be facilitated. Van Zomeren said the resolution can be amended but hardcover calculations need to be changed. Goetten voiced concern with the garage location at 1' from the property line. It was noted that the building inspector will require a fire wall. Van Zomeren indicated that the hardcover calculations will probably not change from those reflected in the memo, however, she indicated that the resolution will not be certitied until a correct survey is received. Jabbour moved, iteuey seconded, to approve Resolution No. 3909 grani4ig a valiance for 1090 Loma Linda Avenue for a side setback variance of P for the proposed garage • addition with removal of the current garage out of the right-of-way per the resolution as amended. The well separation was noted as the hardship. The City Clerk is directed not to sign the resolution until such time that the corrected survey has been submitted. Goetten asked that the she be provided a copy of the amended resolution. Barrett said the motion was satisfactory. Vote: Ayes 4, Nays 0. ( #14) #2237 JIM AND ROXANNE STASH 1270 WILDHURST TRAIT. - VARIANCE - RESOLUTION NO. 3910 Roxanne Stasik was present- Van Zomeren reported that the application is for a hardcover variance to replace an existing deck over non - structural hardcover. There will be no increase in hardcover but the variance allows the current 49.47% of hardcover to remain in the 75 -250' setback. The deck is located on the second story. The lower level hardcover will not be removed. Van Zomeren noted that the deck replacement would not have required a variance if completed board by board. 18 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 • ( #14 - #2237 Jim and Roxanne Stasik - Continued) Goetten inquired what hardcover was located in the 0 -75' setback. Van Zomeren indicated that there is 480 s.f. of hardcover including blacktop and stairs. Goetten stated the hardcover amount on the property is about two times what is allowed and suggested some removal of hardcover to offset the requested deck replacement. Mrs. Stasik said the property has a steep incline requiring the blacktop trail to the lake. This enables them to move lawn equipment down to the lake. She said the property conformed to code when built in 1981. Stasik indicated that the pool was also built at that same time but the permit would have been taken out by the pool company. She said the driveway was necessary due to the steep incline and need for a turnaround enabling them to egress and ingress their property. During the winter months, they have to park on the turnaround as the driveway is too difficult to traverse. Jabbour asked about the line of rock to the lake. Stasik said their home is located below Saga Hill and the rock prevents runoff from coming to the house. She has a number of large gardens to aid erosion control. Jabbour questioned whether the proper permits were obtained resulting in the large amount of hardcover. Jabbour asked Staff if a review was conducted of hardcover and structural coverage in relation to previously issued permits. Van Zomeren said the • review was not conducted. Jabbour asked that the facts be recorded as part of the record. Goetten said she could not support the application request without asking for a reduction in hardcover. Stasik questioned what could be eliminated. Goetten said no safety risks should be taken. Stasik said while the gardens are old, there is plastic underneath but most likely does not function. Van Zomeren indicated there was 3765 s.f of gardens with plastic. Goetten asked that applicant remove a like amount of plastic to offset the amount of additional hardcover. Jabbour suggested removal of an equal amount of plastic for the size of the deck at 125 s.f. Stasik agreed. Goetten moved, Kelley seconded, to approve Resolution No. 3910 subject to removal of plastic underlayment of 125 s.f. Vote: Ayes 4, Nays 0. (Mayor /Council Report follows the City Administrator's Report.) ENGINEER REPORT ( * #15) PAY REQUEST #5 AND FINAL - LIFT STATION #28 RENOVATION Goetten moved, Flint seconded, to approve the Final Request for Payment of Lift Station #28 Renovation Project to Ford Construction Co., Inc., in the amount of $1,987.71. Vote: Ayes 4, Nays 0. 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 ( *##16) APPROVE OFFERMAN EASEMENT - LONG LAKE SEWER PROJECT • Goetten moved, Flint seconded, to approve a sewer easement for the North Long Lake Sewer project on property owned by Joseph H. and Lucille Offerman including a payment of $1,600. Vote: Ayes 4, Nays 0. ( * #17) AWARD BID FOR NORTH LONG LAKE/LONG LAKE COUNTRY CLUB ADDITION SEWER PROJECT Goetten moved, Flint seconded, to award the bid for the North Long Lak&Ung Lake Country Club Sewer Project to Barbarossa & Sons, Inc., in the low bid amount of $874,930.01. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOWS REPORT ( #IS) COUNTY ROAD 19/TONKAVIEW DRAINAGE SITUATION Moorse reported that the resolution involves a storm sewer project. Gappa presented an overview of the drainage problem. Water runs down Tonkaview causing water problems to the Bessesen and Sawicki properties. Staff proposes construction of a detention pond on the Kathleen Ash property to control the overflow by use of an existing culvert and catch basin. • Gappa said the proposed location for the pond is on a 1 acre lot in the 1 acre zoning district created in 1966. The house was built in 1983. It is currently conforming. The proposal is for a permanent easement for the pond and a temporary construction easement for installation of a culvert. The owner would like to add an addition to the home in the future and asks that this be approved without requiring a variance. An easement will not affect the ability to add an addition but limits that portion of the property. Gappa indicated that if the home were to be damaged beyond repair, the area meets the 801/6 requirement allowing for building without variances. Gappa said the owner was contacted. A written offer was made for $7500. The land is currently valued at $0.75/s.f. The officer is at $1.25/s.f due to tree removal and loss of area. A letter was received from Ash stating she would grant the easement for a settlement amount of $10,000. Goetten asked to ensure that the property owner, if impacted, would be allowed to make property improvements for an addition. She feels the Council should make that promise to the property owner. 0 20 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 • ( #18 - County Road 19ITonkaview Drainage Situation - Continued) Kelley, noting the runoff problem having been created by homes built upstream, asked what position the City can make regarding this increase in flowage. Code states that construction of new or improved residences cannot alter the flow of runoff leaving their property. He suggested a pond be built on those properties or request assistance in building the pond from those home owners. Gappa said the lots had been previously platted and have a steep incline that would prevent the construction of ponding areas. Kelley indicated that a stormwater management plan would enable the City to seek restitution from owners of residences upstream creating additional runoff. Jabbour said the stormwater management plan shows how water is managed and how stormwater projects can be paid as well as fund accumulation. Goetten said the plan would also inform the City where ponds should be built. Kelley questioned whether the cost of the project can be assessed to these home owners. Barrett indicated that the City would have to demonstrate the benefit. Jabbour said if a stormwater plan had been in place, it could have informed the City where the pond should be built and how it would be assessed. • The cost of the project is $51,780 and $10 000 proposed for the easement. p J p � Gappa said the stormwater fund would receive contributions from all property owners. He views this project as the number one priority in viewpoint of stormwater management. Flint inquired what the triggering mechanism would be for a pond requirement if a stormwater management plan was in effect, whether a subdivision or building permit. Gappa said each home is currently evaluated and subdivisions are reviewed as a whole. Jabbour indicated that the City and water will be studied and regional ponding areas determined. Residents upstream can make contributions to a pond rather than build a NURP pond. Jabbour said developers would prefer that option. The fund would be levied by on -going fees and by new development. It is currently micro- managed by individual issues instead of proactively. Jabbour said building permits trigger the action. Gappa noted that if a pond cannot be built on the particular property, a contribution would be made to a pond downstream. Mr. Bessesen noted that if the homes upstream had been required to contain water on their properties and not add to flowage, there would not be the problem that is occurring today. He questioned how excess runoff is controlled. He was informed that while there • are structural coverage limitations, there are no hardcover controls on non - Lakeshore properties. 21 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 ( #18 - County Road 19/Tonkaview Drainage Situation - Continued) Kelley moved, Flint seconded, to approve payment of $10,000 to Kathleen Ash for a permanent easement and approve construction of the County Road 19/Tonkaview Lane Storm Drainage Improvement Project at an estimated cost of $51,780 less any cost sharing contributions provided by Hennepin County. The City Administrator is directed to administer the funding. Vote: Ayes 4, Nays 0. Kelley suggested the County be asked to contribute more money towards this project. Kelley was informed that the project would be constructed in about two months. Goetten asked Staff to keep Council informed of any updates. ( * #19) SCHEDULING THE SALE OF GENERAL OBLIGATION WATER AND SEWER (IMPROVEMENT BONDS - RESOLUTION NO. 3912 Goetten moved, Flint seconded, to adopt Resolution No. 3912 to issue and sell $1,760,000 general obligation sewer and water improvement bonds of 1997 and declaring official intent. Vote: Ayes 4, Nays 0. ( * #20) MONITORING WELL SEALING AT OLD CITY HALL PROPERTY • Goetten moved, Flint seconded, to authorize Braun Intertec to proceed with the well sealing, letter report and petro fund reimbursement application at a total cost of $1,633, and to amend the 1997 budget to reflect the expenditure from the Building Fund. Vote: Ayes 4, Nays 0. ( #21) PLANNING INTERN Moorse requested a student intern be hired to assist with the work load and projects related to planning and zoning issues. Jabbour supported the idea. Kelley asked how revenues and expenses stand in regards to the budget. Moorse said they were as expected. Kelley asked if the fees were adequate to cover the cost of the planning reviews. Moorse said this has not been studied. Moorse was asked by Kelley to review whether the revenue generates enough to cover the work produced by each person. Jabbour noted that the City is not a profit center. Kelley responded that the general tax payer should not have to support applications without benefit. , 22 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 • ( #21 - Planning Intern - Continued) Van Zomeren said she feels the fees being charged are appropriate. She indicated that work flow problem lies not with the applications but rather the number of calls and personal visits of people with questions that require staff time for research. Jabbour suggested other surrounding communities be polled to determine fees. Gaffron said this procedure has been followed for the past 15 years. The fees are regularly reviewed based on neighboring cities' fees and what is appropriate. Increases are made when need is shown. He indicated that the building permits generate revenue and pay for more than the salaries of the two building inspectors. Jabbour asked how many hours per week Van Zomeren and Gaffron worked. It was noted that no overtime pay is provided. He noted that while the amount of time spent on a project is charged back to the project, citing Spring Hill Golf Club as an example, the money is paid to the City and not reflected in salary to the employee. Kelley suggested this topic be discussed in a work session. Jabbour said he felt the City should provide financially for overtime work. • Jabbour moved, Kelley seconded, to approve the proposal of hiring a student intern to assist with planning and zoning projects at a rate of $8.00 per hour for a cost not to exceed $6,000 to be funded from the contingency account. Vote: Ayes 4, Nays 0. Jabbour expressed gratitude to Gaffron for his work achievements. He asked Gaffron to review street files for permit history with Van Zomeren. ( * #22) ADVERTISEMENT FOR BIDS - GOLF COURSE IRRIGATION SYSTEM Goetten moved, Flint seconded, to authorize advertisement for bids for installation of an irrigation system for the Orono Municipal Golf Course. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Moorse presented an update on the Fullerton Subdivision Application regarding Park Dedication Fee. The City Attorney submitted the Council's response to the applicant regarding the Park Dedication fee at the amount of $12,800 per lot. This fee was based on other Park Dedication fees found to be reasonable for subdivisions in Orono. The applicant's attorney rejected the oiler recommending a tee of $8,000 per lot. • Jabbour said the fee of $12,800 per lot is consistent with fees charged to other subdivisions. Council all agreed to retain the $12,800 per lot fee to maintain consistency. 23 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27,1997 CITY ATTORNEY'S REPORT 40 Tom Barrett gave a history of the law firm and recent changes made. The corporation is being dissolved as of May 21 with service provided through May 31. Barrett and other colleagues are now attorneys with Hinshaw & Culbertson. Barrett is currently the City's counsel with Tom Radio substituting when necessary. Jabbour suggested retaining the same attorney and schedule a meeting with staff and Barrett regarding issues and services provided. Moorse said this would be a temporary solution until an agreement can be reached. Flint asked that Barrett provide information regarding their team of municipal attorneys. Kelley moved, Goetten seconded, to authorize the City Administrator to sign authorization forms transferring the City's legal files to Hinshaw & Culbertson. Vote: Ayes 4, Nays 0. Jabbour extended his appreciation for the work by Barrett and Radio. (R #23) LICENSES Goetten moved, Flint seconded, to approve the following license: Vote: Ayes 4, Nays 0. Garbage & Refuse Collector's License • Cleanway Sanitation Inc. P.O. Box 220 Long Lake (" #24) BILLS Goetten moved, Flint seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. is ?d MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 27o 1997 • ADJOURNMENT is Goetten moved, 3abbour seconded, to adjourn at 10:58 p.m. Vote: Ayes 4, Nays 0. Gabriel abbour, Mayor 1) S