HomeMy WebLinkAbout08-11-1997 Council Minutes•
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 11, 1997
ROLL
The Council met on the above mentioned date with the following members present: Mayor Gabriel
Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson, and Richard Flint.
Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior
Planning Coordinator Michael Gaffron, Public Services Director Greg Gappa, City Engineer Glenn
Cook, and City Clerk Dorothy Hallin. 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. Moorse noted that items #3 and #7 should be
removed from the consent agenda as both applicants have requested their applications be tabled.
Peterson moved, Flint seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays
0.
APPROVAL OF MINUTES
( *2) REGULAR MEETING OF JULY 28,1997
Peterson moved, Flint seconded, to approve the Minutes of the Regular City Council Meeting of
July 28, 1997. Vote: Ayes 5, Nays 0.
• PARK COMMISSION COMMENTS
There were no comments.
PLANNING COMMENTS
There were no comments.
PUBLIC COMMENTS
Mike Barrett, 2912 Casco Point Road asked what progress had been made in his request from the
previous Council meeting regarding Casco Cove road maintenance. Council had directed Staff to
review this information and report back to the Council at this meeting.
Jabbour stated it is a two -fold process. First ownership of the road must be determined and if the
City does own the road what will we do with it. Jabbour stated that if the City does own the road
the neighborhood should not expect reconstruction of the road this year. Moorse stated there are
several issues to be researched and Staff did not want to bring incomplete information to the Council
for a decision. Staff will have a report ready for the August 25th Council meeting.
• Goetten stated Bob Gehrman had contacted her regarding burning permit issues and brush disposal
and she suggested he make his comments known to the Council.
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 11, 1997
PUBLIC COMMENTS Continued •
Bob Gehrman, 4300 Sixth Avenue North stated he wanted to thank the Council for the temporary
depository of the wood waste from the recent storm. Although he wished it could have been done
more expeditiously. He stated he would like to see a long term solution for handling wood waste
and requested the Council to reopen a drop off site for wood. Wood is being stockpiled because
some persons do not have a way to remove it and/or are unable to pay to have it hauled away. By
creating stockpiles there is an issue of fire safety, unsightliness, and it becomes a home for rodents,
which is unhealthy. The city needs to give the citizens better tools to handle the wood waste. One
way would be to open a permanent depository or have better contingency plans for storm damage.
He also asked why Orono has a different interpretation of the State requirements for brush burning
than surrounding cities. Gehrman stated he is willing to work with the city in any way possible to
find a solution to this problem.
Jabbour asked Staff to respond to the issue of burning permits.
Bob Biesterfeld, 450 Deborah Drive stated he lost several 200 year old oak trees due to the recent
storm. Because he has several acres of land he is cutting the trees for his own use. He appreciates
the low property taxes by providing only necessary services to the residents. He stated he would not
want a continual use wood depository, although the need for a plan for storm damaged trees is
necessary.
( #3) #2259 MARK AND LAURIE HEADRICK, 1850 FOX RIDGE - VARIANCE - •
REQUEST TO TABLE
Kelley moved, Goetten seconded to table this application at applicant's request. Vote: Ayes 5, Nays
0.
( #7) #2628 ROBERT CALLAN, 2995 DEER RUN TRAIL - VARIANCE
Kelley moved, Goetten seconded to table this application at applicant's request. Vote: Ayes 5, Nays
0.
( #4) 2263 BROOK PARK REALTY, 3700 -3760 SHORELINE DRIVE - SKETCH PLAN -
MULTI- FAMILY PRD
Bill Gleason, representing Brook Park Realty, was present.
Gaffron stated this is a sketch plan review for a multi - family planned residential development
located in the Navarre area. Brook Park Realty is proposing a 45 unit multiple family residential
development on the vacant 10 acre parcel directly west of the twinhomes near the Navarre water
tower. The proposed density level does not fit with the existing code. The applicant is looking to
the Council for possible support for this proposal. The developer has requested that the Council
review the sketch plan for 4.6 units per acre as proposed, and whether there is Council support for
a zoning amendment to allow more than 3 units per acre in the LR -1C -a district, or possibly to create •
a new residential zoning district to allow greater density. Another possibility would be to amend the
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ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 11, 1997
• ( #4 - #2263 Brook Park Realty - Sketch Plan - Multi - Family PRD - Continued)
M -6 district standards to allow an M -6 development in an LR district.
Gleason stated they were trying to bring affordable housing into Orono. At this time he does not
know if the Met Council goal of $120,000 per unit is achievable because of the costs of
development. We hope there may be some opportunity to look at alternatives to allow this to
happen. Gleason also indicated that the two properties to the west of the development were included
only as potential final development because they did not currently own those properties.
Jabbour asked if neighbors had been notified. Gaffron stated no because this was a sketch plan
review only by Council.
Jabbour asked Gleason if Brook Park Realty had any agreement with the adjacent property owners
to the west. Gleason stated there has been some dialog but they have not seen any diagram of the
proposal.
Kelley asked what density the Navarre twinhomes were. Gaffron stated it is zoned LR1 -C -1. Kelley
stated he recalled concerns regarding traffic by the residents in that area when the twinhomes were
going through the Planning Commission and Council. Gaffron stated a copy of the resolution
regarding that development was included in this memo which addressed traffic flow.
is Kelley stated he would have a difficult time approving any increase in zoning density.
is
Peterson stated she also felt that 4.6 units per acre was too dense.
Goetten stated she was at the Planning Commission meeting when this item was discussed. She
indicated she was not saying she would support a zoning change, but this property has sewer and
water and gives Orono a real opportunity for affordable housing.
Flint stated he is not in favor of increased density.
Jabbour noted a 4/5's vote is required for a change in the zoning. He stated he agreed with Goetten
that Orono needs affordable housing, stating the Council is reviewing its development philosophy
and will be looking at Tax Increment Financing for the Navarre area.
Flint asked the applicant to look at 28 or 29 units.
Gleason stated Brook Park Realty has not worked under TIF financing. He stated he thought utilities
and improvements for this development would be approximately $16,000 per unit not including the
land.
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ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 11, 1997
( #5) #2267 JOHN O'SULLIVAN, 3340 SHORELINE /2380 SHADYWOOD - COUNCIL SITE •
PLAN APPROVAL
John O'Sullivan was present.
Gaffron stated this application is for a third access to the Culvers site from Shadywood Road by
crossing the conceptually vacated portion of Navarre Lane as well as the southerly corner of the
church property. Customers are having difficulty entering from eastbound County Road 15 and
leaving his site heading east. The City Engineer has reviewed the site and determined that this
proposed access is too close to the intersection and notes that this location will be a potential
problem if the County ever creates a free right turn lane from westbound County Road 15 to north
bound County Road 19. The City Engineer would prefer to have this proposed access limited to a
right - in/right -out access.
Gaffron noted that Planning Commission reviewed this application at their July 21 st meeting and
voted 4 -2 to recommend denial based on unresolved safety concerns related to the northwesterly
access of the restaurant although they acknowledged the need for an additional access to the site.
Gaffron stated the safety issues related to a revision in the building plans after original approval
regarding the northwest building entrance configuration. The exit doorway now opens to a sidewalk
rather than directly in front of the drive -thru lane. The Building Inspector's recommendation is to
add a 6' long length of railing along the sidewalk from the doorway, so that pedestrians will have the
ability to see vehicles in the drive -thru lane before stepping off the sidewalk. Planning Commission is
also recommended a "zebra striping" crosswalk in the middle of the parking lot for pedestrian safety.
Gaffron stated Staff agrees with the need for an additional access for the site. In staff s opinion the
right - in/right -out limitation will not result in a solution to the traffic dilemma on site. Staff
recommends that if the access is approved, it should be on a temporary basis only until a permanent
access is provided as part of the church site development. He noted Staff has not prepared a
resolution for Council tonight, it will be brought to Council's next meeting.
O'Sullivan explained to Council the building configuration regarding the doorway, stating that
during the building review this change was brought before the city staff. He stated the third access
will be used primarily by restaurant customers and would reduce traffic to and from County Road
15.
Jabbour asked when the church would be developed. O'Sullivan stated it could be this fall or maybe
next year.
Peterson asked if the 6' railing was part of the original plan. Gaffron stated the approved site plan
did not include the railing although the original resolution requires the sidewalk with a railing and
striping.
Goetten asked if it would be possible to place a stop sign at the end of the proposed access. is
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ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 11, 1997
• ( #5 - #2267 John O'Sullivan - Council Site Plan Approval - Continued)
Jabbour asked for staff s opinion. Gappa indicated he supported the additional access and the stop
sign would be OK.
Jabbour asked O'Sullivan if he had a problem with the stop sign. O'Sullivan indicated he had no
problem with a stop sign. Kelley indicated the stop sign may serve no real purpose.
Kelley moved, Peterson seconded, approval of temporary additional access for the O'Sullivan
development as shown on the plan listed as Exhibit A in Staff s memo, with the condition that a
permanent access be provided as part of the development of the church property, addition of a 6'
railing and deletion of the striping of a crosswalk in the middle of the parking lot and to eliminate
the stop sign at the entrance to the parking lot off the new access. Goetten asked if the new access
was to be temporary. Kelley answered yes. Vote: Ayes 5, Nays 0.
( #6) #2269 CONLEY BROOKS & GERALD McCOURTNEY, 1045 FERNDALE ROAD
WEST - SUBDIVISION OF A LOT LINE REARRANGEMENT
Mr. and Mrs. McCourntey, Mr. and Mrs. Conley Brooks, Jr. and Bob Mitchell their attorney were
present.
• Gaffron stated this is a subdivision of a lot line rearrangement in that the applicants have purchased
the property at 1045 West Ferndale and proposed to divide the property. McCourtney will combine
the westerly portion of this parcel with his adjacent homestead property 1055 West Ferndale Road.
Brooks proposes to combine the easterly half of this parcel and the two parcels north of the road,
with his adjacent homestead property at 980 West Ferndale Road, which is on the north side of the
road.
Gaffron stated Planning Commission reviewed this request at their July 21 st meeting. Their
recommended for approval is subject to:
1. The westerly portion being legally combined with the McCourtney property.
2. McCourtney to remove the existing residence on that property.
3. That the easterly portion of 1045 be combined with Brooks' residence and the two northerly
parcels.
4. Hennepin County will not allow this combination across the roadway that Brooks must
complete a "Special Lot Combination" for filing in the title of those parcels (identified as
Parcels A, E, H and F on the submitted survey).
5. Planning Commission agreed the garage on Parcel H needs to be removed, but acknowledge
Brooks may want to leave it as is until he firms up his plans for potentially replacing it. As
a result, Planning Commission did not make removal of the existing garage a condition of
approval.
6. Planning Commission and staff made it clear that the recommendation for approval does not
include approval of, or implied approval of, any actions in regard to Parcels B, C or D as
• shown on the survey, each of which does not appear on current County plat maps as a
separate tax parcel, and each of which may require City action or approvals as yet
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ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 11, 1997
( #6 - #2269 Conley Brooks & Gerald McCourtney - Subdivision of a Lot Line Rearrangement - •
Continued)
undetermined.
Brooks stated the subdivision is for the Skarp property only and he is trying to clear up the other
issues regarding this application.
Barrett stated the Lot B owners today filed suit against the city for an injunction to prevent the
Council from taking action on this application but they were not successful.
Kevin Floyd, 960 West Ferndale Road and his attorney Kevin DeVore were present.
Floyd stated this matter was brought to his attention four months ago. The issue is their access to
the lakeshore. It is important that all parcels be considered because it affects his property. He
indicated his family was not notified and he was not allowed to discuss Parcel B or the adjoining
properties at the Planning Commission. He was not provided the opportunity to say what he needed
to say or discuss the entire situation. The affect of what is eventually done with this property will
affect his property. It is appropriate to look at the entire group of properties in their inter - relation
and how it will affect his property.
Jabbour asked how does this violate our code. Floyd responded we were excluded from discussing •
this at the Planning Commission. They specifically excluded Parcel B from the discussion.
Floyd stated the zoning application is to include; information of tree removal of trees over 6" in
circumference within 75' of the lakeshore, vegetation diagrams and reference to vegetation clearing,
information on filling, grading information; and all these items were missing from the zoning
application. Dock plan or dock usage was not indicated on the application. We sent a letter to the
city approximately July 14 expressing our concern and requesting information. We did not receive
any information.
Jabbour stated we are getting nowhere. These issues have nothing to do with the subdivision.
Moorse stated this is just a lot line rearrangement.
Floyd stated he has not received any information. Parcel B is a separate 20" wide parcel in joint
ownership with Brooks and Floyd.
Barrett stated these persons are in a legal process regarding ownership of Parcel B.
Jabbour stated with this application we are making an improvement.
Floyd stated we are asking the Council to table this application tonight.
•
Jabbour stated he is very comfortable with the lot line rearrangement.
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ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 11, 1997
( #6 - #2269 Conley Brooks & Gerald McCourtney - Subdivision of a Lot Line Rearrangement -
40 Continued)
Barrett stated Council should base their action on title opinion.
McCourtney stated he has a permit to tear down the house, grading, and tree removal.
Mayor closed public comments.
Jabbour moved, Kelley seconded, to adopt Planning Commission/Staffrecommendation, as outlined
in Staff s memo, subject to providing a certification of title that is satisfactory to the City Attorney.
Vote: Ayes 5, Nays 0.
Council recess 5 minutes. Resumed at 8:57 p.m.
( #7) DISCUSSED AFTER ITEM #3
( #8) TOM TERRY FOR VALERIE PETERSON, 1125 NORTH ARM DRIVE - REQUEST
TO ISSUE BUILDING PERMIT
Tom Terry and Valerie Peterson were present.
• Gaffron stated this request was to allow the applicants to be issued a building permit prior to
completion of the normal variance process. Peterson's home was destroyed by fire and the
Inspections staff concluded that a new house to replace the destroyed house would have to meet all
hardcover and setback requirements. The existing house was only 6' from the north lot line where
10' is required. The builder proceeded to design a house to meet all requirements and made
application for a building permit. The survey he submitted with the permit application showed the
lot does not meet the minimum area and width standards of the LR -1B district, although it is similar
in area and width to other lots in the neighborhood. Unfortunately, this was not identified as an issue
during the City's early discussions with the builder and homeowner.
Gaffron stated the builder is requesting, on behalf of the owner, that the City issue a building permit
prior to the normal variance process, primarily based on the time that will be lost waiting for the
variance process to conclude. A variance application has been submitted and applicant fully intends
to go through the required process, but under the normal schedule this would be scheduled for the
September 15 Planning Commission meeting and final approval could not be granted by Council
until September 22, and the builder would lose 6 weeks. If Council directs Staff to set a public
hearing for the lot area and width variances at the August 25 Council meeting this will expedite this
application.
Terry stated he had talked to staff over 60 days ago and was given the wrong or incomplete
information and would like the Council to allow the building to commence.
• Goetten stated we are trying to expedite this matter.
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ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 11, 1997
( #8 - Tom Terry for Valerie Peterson - Request to Issue Building Permit - Continued) •
Barrett stated Council would be setting a precedent, staff made an error and this is the most
appropriate way to go about completing the application.
Gaffron indicated the mistake was discovered August 6.
Gaffron noted Council could review the application now and the permit could be issued on August
26. Even under the builder's proposal the permit would not be ready until midweek, hence only 6
work days would be lost out of the 2 week delay.
Terry stated this was not acceptable and asked if there were any other options. He was advised there
were not.
Jabbour indicated there were no other legally acceptable options.
Jabbour moved, Goetten seconded, to waive referral of Application #2282 to Planning Commission
based on the hardship situation caused by further delay, and direct staff to set a public hearing for
the lot area and width variances at the August 25 Council meeting. Vote: Ayes 5, Nays 0.
MAYORICOUNCIL REPORT
Jabbour reported that he had talked to two members of the Long Lake Council regarding the milfoil •
in Long Lake.
Moorse stated he had forwarded information to the Orono neighborhood group on Long Lake
regarding milfoil management. The DNR has toured Long Lake to review the extent of milfoil
growth.
Jabbour stated Orono is working on a harbor limits ordinance which addresses chemical treatment.
Jabbour noted talks regarding Highway 12 issues are continuing with the City of Long Lake.
Jabbour noted Hennepin County is working on the by -pass lane on North Shore Drive at the DNR
Maxwell Bay lake access site. He stated the DNR will be reviewing the permits for tournaments at
public accesses because of the traffic congestion created by their activity.
Flint reported on the cost of stormwater ponding as a result of the new Highway 12 corridor.
Jabbour noted the city of Long Lake should be included in discussions regarding the interchange at
Highway 12 and County Road 6. They are reviewing a proposal to include an exit ramp on the new
Highway 12 corridor at Willow Drive.
Kelley questioned the location of the fence on Old Crystal Bay Road. Moorse stated it was installed is
because a retaining wall was necessary at that location and it was part of the negotiation with the
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 11, 1997
• (Mayor /Council Report - Continued)
property owner. Kelley asked if the city would approve such a fence.
•
Gaffron indicated this is a side street yard where a 42" fence would be allowed. The fence is in the
right -of -way. Kelley stated it will not last the winter and it was not a good thing to do. He does not
approve of a six foot high fence along a roadway.
ENGINEER REPORT
( #9) UPGRADE NAVARRE WELL #2 PROPOSAL
Gappa outlined a proposal for the upgrades of Navarre Well #2.
Cook stated the well has not been repaired since 1972. He recommends it be pulled and checked
each 10 years.
Kelley asked if we have a maintenance schedule for all our equipment now.
Moorse indicated there are maintenance schedules for much of the equipment, and efforts are
underway to develop schedules for all equipment.
Kelley moved, Goetten seconded, to approve:
1. Partial request for Payment Number 1 to E. H. Renner & Sons in the amount of
$10,498.53,
2. Alternate No. 2 to upgrade Navarre well number 2 to a capacity of 500 GPM at a cost
of $23,696.15, and
3. The replacement of the pitless unit in Navarre well number 2 at a cost of $5,000.
Vote: Ayes 5, Nays 0.
( #10) GOLF COURSE WELL - WRITTEN QUOTES
Flint moved, Peterson seconded, to authorize installation of golf course irrigation well by Bergerson-
Caswell, Maple Plain at a cost of $17,937.30. Vote: Ayes 5, Nays 0.
( *11) PAY REQUEST 42 NORTH LONG LAKE/LONG LAKE COUNTRY CLUB SEWER
PROJECT
Peterson moved, Flint seconded, to approve Request for Payment #2, North Long Lake Sanitary
Sewer Project to Barbarossa & Sons in the amount of $316,864.61. Vote: Ayes 5, Nays 0.
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ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 11, 1997
CITY ADMINISTRATOR'S REPORT
( #12) HIGHWAY 12 STORMWATER PONDING
Moorse stated NhVDOT is doing a stormwater plan for the entire Highway 12 corridor. All runoff
east of Old Crystal Bay Road will go to the east. Kelley asked why the pipe can't be tipped so the
runoff goes to the west?
Cook stated a permit would be needed from the Watershed District.
Council requested more data and agreed that a stormwater management plan is needed.
Jabbour stated he would like to talk to the City of Long Lake regarding a plan for handling
stormwater run -off as part of the Highway 12 project.
( * #13) 1998 ASSESSOR'S AGREEMENT
Peterson moved, Flint seconded, to approve a contract with Rolf Erickson Enterprises, Inc. dba
Southwest Assessing for the period September 1, 1997 through August 31, 1998 for city property
assessment services at a fee of $79,950. Vote: Ayes 5, Nays 0.
•
( #14) SCHEDULE DATE FOR PUBLIC HEARING FOR NAVARRE WATER SERVICE •
AREA - NAVARRE WATER PLANT REHABILITATION
Moorse stated this was following up on the Navarre water plant rehabilitation public hearing and rate
increase.
Kelley suggested the hearing be held at the Orono School the week of September 22 at 6:30 p.m.
Jabbour noted that if 700 people do not want the plan to be rehabilitated the city should not do it.
The issue of water quality going down will have to be explained to the residents.
( #15) RESIGNATION - JOHN OLSON, ACCOUNTANT/MANAGEMENT ANALYST
Goetten stated John Olson will be very much missed. All Council members concurred.
Moorse stated we are trying to fill the position within the current dollars.
Peterson moved, Goetten seconded, to reluctantly accept the resignation of John Olson,
Accountant/Management Analyst, effective August 22, 1997. Vote: Ayes 5, Nays 0.
( * #16) LICENSES
Peterson moved, Flint seconded, to approve the following license with a vote of Ayes 5, Nays 0. •
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ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 11, 1997
• ( * #16 - Licenses - Continued)
Gambling Permit - Resolution #3944
Multiple Sclerosis Minneapolis Chapter
Jimmies Lounge
3380 Shoreline Drive
( * #17) BILLS
Peterson moved, Flint seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays
0.
«L1I11S9105 111►I 1
The meeting was adjourned at 10:10 p.m.
ATTEST:
Cit , Clerk
orothy M. in, y
•
11
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Gabrie Jabbour, Mayor
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