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HomeMy WebLinkAbout11-24-1997 Council Minutesr ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 24,1997 • ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Barbara Peterson and Richard Flint. J. Diann Goetten and Charles Kelley were absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator 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 7:00 p.m. ( * #1) CONSENT AGENDA Items #5, 6, 8, 10, 12, 13, and 14 were added to the Consent Agenda. Peterson moved, Flint seconded, to approve the Consent Agenda as amended. Vote: Ayes 3, Nays 0. APPROVAL OF MINUTES ( * #2) REGULAR MEETING OF NOVEMBER 10, 1997 • Peterson moved, Flint seconded, to approve the Minutes of the Regular City Council Meeting of November 10, 1997. Vote: Ayes 3, Nays 0. PARK COMMISSION COMMENTS Van Erickson had no comments. LAKE MINNETONKA CONSERVATION DISTRICT Lili McMillan was not present. PLANNING COMMISSION COMMENTS Bill Stoddard had no comments. PUBLIC COMMENTS There were no public comments. u ri MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24, 1997 ZONING ADMINISTRATOR'S REPORT is ( #3) #2279 G. MARC AND TRACY WHITEHEAD,1220 LYMAN AVENUE - RECONSIDER PRELIMINARY PLAT APPROVAL Mrs. Whitehead was present. Gaffron reported that discussion was held at the last Council meeting regarding the park dedication fee. Pursuant to Staff discussions, Staff recommends reopening the preliminary plat resolution to enable Staff to draft for incorporation into the resolution additional findings related to the nexus and proportionality issues related to the park fee. Mrs. Whitehead had no comments. She verified Staff and Council reviewed her letter faxed to the City Office. Gaffron indicated the fax was received on this date and distributed for Council review. Jabbour informed Whitehead that the Council plans on acting on the application in a timely manner. Mrs. Whitehead said she appreciates that. Jabbour said the Council must also protect the interests of the City. Jabbour moved, Peterson seconded, to reconsider Resolution #3966 for purposes noted. Vote: Ayes 3, Nays 0. Jabbour moved, Flint seconded, to direct Staff to draft findings of nexus and • proportionality for inclusion in Resolution #3966. Barrett verified that the findings will include the nexus and proportionality of the subdivision's impact on parks. Vote: Ayes 3, Nays 0. ( #4) #2305 ROGER AND ELIZABETH OLSEN, 814 PARTENWOOD ROAD - VARIANCES - RESOLUTION NO. 4003 The applicants and architect were present. Van Zomeren reported that the 1.02 acre property is located in the LR -1B Residential District and meets the minimum lot requirements. Pictures were presented of the property. The existing house is located within 75' of the lakeshore. The lot is unusual as the lot extends along the lake but is narrow in its depth. The application is a proposal for a 4 -car garage and additions to the residence. A patio with pavers currently exists. The Planning Commission unanimously recommended approval of the 41' variance for lakeshore setback for the residence 34' from the lakeshore and 15.3% hardcover variance in the 0 -75' setback where 20% exists and none is allowed. 2 is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24,1997 • ( #4 - #2305 Roger and Elizabeth Olsen - Continued) The applicant had no additional comments. Jabbour asked if any of the hardcover resulted from replacement of non - structural hardcover with structural hardcover. Van Zomeren explained what currently exists and is proposed. She indicated the plan is reduced from the original proposal by removal of a dog run and balcony on the lake side. Van Zomeren said additional structure will occur. Jabbour explained the issue of concern. He noted that applications have been reviewed where illegally non - conforming hardcover is approved as part of an application becoming legally non - conforming hardcover and resulting in more permanent structure on properties. Jabbour said when the non - conforming hardcover is reviewed, the Planning Commission assumes it has been placed their legally through the permit process but has been added since the original application for construction on the property was made. The City has not verified if the property has changed since the last application and the hardcover is used for trading for additional structure. Kathryn Alexander, the architect, said the property is the same as existed when the original permits were issued. • Jabbour said his point referred to other situations. Peterson expressed her surprise that the residence was able to be built originally. Jabbour indicated that it was approved just prior to the current zoning ordinances. Jabbour moved, Flint seconded, to approve Resolution No. 4003. Vote: Ayes 3, Nays 0. ( * #5) #2311 LOREN FRITZ, 3845 NORTH SHORE DRIVE - VARIANCE - RESOLUTION NO. 4004 Mr. Fritz was present. Peterson moved, Flint seconded, to adopt Resolution No. 4004. Vote: Ayes 3, Nays 0. ( * #6) #2313 TOM AND KARI STEINKE, 910 DAKOTA AVENUE - VARIANCE - RESOLUTION NO. 4005 Peterson moved, Flint seconded, to adopt Resolution No. 4005. Vote: Ayes 3, Nays 0. W MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24,1997 ( #7) HARDCOVER POLICY RESOLUTION NO. 4006 • Gaffron reported that the City has had a hardcover ordinance since 1975 but has never formally adopted policies for its administration. He indicated that informal policies have evolved through the years and are analyzed in Exhibit B. Gaffron noted that, in his opinion, the City has placed too much emphasis on micro - managing hardcover on individual lots, he has drafted a resolution at the Council's request that begins to formalize a few of the hardcover policies that have been established. The resolution includes a number of background statements and findings, defines a list of items that are hardcover, establishes that some are "structural" and some are "non - structural ", defines any plastic or fabric in the 0 -75' zone as non - conforming, declares that any plastic or fabric contributing to a hardcover excess in other zones is non - conforming, and requires the removal of non - conforming plastic or fabric prior to acceptance of an application for hardcover variance. Gaffron acknowledged that the resolution formalizes a few of the policies that have been established, but is not comprehensive. Gaffron reviewed the findings established in the resolution on pages 2 and 3. The goal of #6 addresses the issue that has occurred where the City receives applications where hardcover calculations include rock and plastic placed without needing a permit but resulting in a violation of the code. It results in a perceived reduction in hardcover when the rock and plastic is eliminated by the applicant who proposes adding structure to the property. Gaffron said this is not a reasonable way to show a trade -off in hardcover by applicants. Variances are only to be allowed when • hardships are shown requiring the necessity. Gaffron said the ordinance was drafted to help the public understand the hardcover policy and for the Council to formally accept the policies. The ordinance will make any plastic or fabric found in the 0 -75' setback nonconforming, regardless of how it got there. Plastic or fabric in other zones will be non - conforming if the hardcover limit is exceeded. Gaffron noted that the requirement of removing the plastic or fabric prior to making application will be problematic during the winter months. The hardcover calculations stated at time of application will reflect the hardcover after removal of any plastic or fabric. Jabbour suggested the removals be required prior to receiving a building permit, which would eliminate the problem with requiring the plastic or fabric to be removed during the winter months prior to application being made. Jabbour thought this would be a reasonable remedy to the problem. Jabbour cited the reasoning behind the policy as it was originally drafted. He noted the vision of those people whose goal was to eliminate any hardcover in the 0 -75' setback except for stairs and erosion control. 40 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24,1997 • ( #7 - Hardcover Policy Resolution- Continued) Flint expressed his appreciation of the background work provided by staff. Flint said he has concluded, however, that the whole issue should be restated rather than in a piece- meal fashion as has occurred in the past. Flint said he appreciated the discussion of other issues as well, citing leaving the natural vegetation buffer adjacent to the lakeshore. Flint said he is concerned with focusing on hardcover and becoming blind to the big picture. He asked that the rules be restated. Jabbour indicated having attended recent Planning Commission meetings, and he believes the Commission is doing an excellent job of reviewing the issues. He believes the increasing hardcover percentages and eliminating variances would not be a good solution. Jabbour felt if hardcover limits were increased, it would not eliminate variances but people will want to keep adding more and pushing the limit. He indicated problems with hardcover percentages found in other communities, and he remains satisfied with the 25% hardcover allowed in Orono. Jabbour indicated the importance of determining the reasoning and findings behind resolutions that have been adopted in the past. He suggested this policy be adopted for use as a guideline and amended in the future to reflect changes that become necessary. Jabbour said he is attempting that this be resolved at the Council level since the final decisions are made by Council. Peterson expressed appreciation of the work performed by Gaffron on this issue. She asked how the public will be informed of the policies. Gaffron said he would include the resolution in all application packets. He said the resolution will formalize and clarify what has been the policy and what has been administered over the last 22 years. Gaffron said the information can also be passed on through a newsletter or newspaper article. Flint asked about holding a series of work sessions to discuss the broader issues. Jabbour agreed with the idea of holding work sessions and using a committee as part of the update of the Comprehensive Plan. He felt a sub - committee should be established to begin the discussions. Flint suggested this policy be adopted and work begun on the Comprehensive Plan. Jabbour indicated that changes in staff have resulted in less background being known by staff. This policy will be a good instrument to assist in facilitating applications. There were no public comments. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24, 1997 ( #7 - Hardcover Policy Resolution- Continued) • Flint cited the Olsen application and suggested an additional way to address hardcover in the 0 -75' setback be through Best Management Practices. The problem arises if the absolute is removed and circumstances are taken into account. Flint said he is trying to address the broader issue. Moorse indicated that the policy here is only addressing plastic. Jabbour said he feels there is no need for plastic or fabric but if a house addition is desired and a hardship can be demonstrated, the applicants can be asked to offset the additional structure through use of the Best Management Practices. Jabbour expressed his frustration with rock and plastic being added before an application is made and then used as a trade to offset the proposed structure. Jabbour said costs can also be saved in surveying work by not having to calculate rock and plastic in the 0 -75' setback. The applicants can then offset additional structure by other means. Flint said his concern is that the ordinance is not doing what it is meant to do. Flint cited the example of his own property where nothing is allowed in the 0 -75' setback of a peninsula area where the entire peninsula is in the 0 -75' setback. Flint said he will support this policy but would still like to review the broader issues. Peterson moved, Flint seconded, to adopt Resolution No. 4006 with the change as noted to reflect removal of rock and plastic from the 0 -75' setback to be conducted prior to • issuance of the building permit. Planning Commissioner Stoddard was asked for any comment. Stoddard thought it would be helpful to receive information and demonstration by landscapers regarding a permeable weed barrier that could be used to keep weeds under control. While understanding the importance of the 0 -75' setback, Stoddard feels the use of a geo -tech fabric should be allowed for maintaining slopes when a house is located far back on the property. He suggested a joint work session be held to discuss this. Jabbour noted that geo -tech fabric is controversial in its benefit and feels the best solution is to leave the natural vegetation. Vote: Ayes 3, Nays 0. Staff was informed that the Council would like to further discuss the issues. (Mayor /Council Report follows item #9.) E MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24,1997 . ENGINEER REPORT ( * #8) CHANGE ORDER NO.3 - NORTH BROWN ROAD Peterson moved, Flint seconded, to approve Change Order No. 3, Brown Road North MSA Project to substitute at no change in cost concrete valley curb and gutter for B618 concrete curb and gutter. Vote: Ayes 3, Nays 0. CITY ADMINISTRATOR'S REPORT ( #9) SPRING HILL GOLF CLUB - TUNNEL AGREEMENT Spring Hill Golf Club Attorney, Tom Crosby, and Project Manager, Tim Johnson, were present. Gaffron reported that Spring Hill representatives have initiated contact with Hennepin County regarding the possibility of a direct agreement between Spring Hill and the County for the County Road 6 tunnel as opposed to the'City entering into a cooperative agreement with the County regarding responsibility for the tunnel, and applicants agreeing to accept all reassigned responsibilities via a similar agreement between Orono and Spring Hill. This would eliminate the City acting as the "middleman" between Spring Hill and the County as is stipulated in the conditional use permit. The County • Attorney has reviewed the request and feels the culvert should be in public ownership but is open to hearing from the City as to what they desire. Jabbour said Council Member Peterson had expressed a concern regarding whether the issue should be reviewed by the full Council. Crosby explained the reasoning behind this request. He indicated that it had been understood that the manner in which the tunnel could be built and operated had to be as agreed on. When discussing other issues, it was found that the same responsibilities would be required whether the contract was with the City or the County. It was determined that there were other circumstances in the County where underpasses have been constructed and maintained without city involvement but done directly with the County. Crosby said he contacted the County, who said they did not want to get into a political maelstrom with the City. Crosby told them he would speak with the City regarding this possibility. Crosby said from Spring Hill's standpoint, it was a legal concern whether the County has the ability to assess if Spring Hill does not perform what was set out to be accomplished. It was found that there is a policy in place that allows this to occur. The agreement will remain the same. Crosby said he does not feel strongly about the ownership of the tunnel viewing it as a technical issue. �J MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24, 1997 ( #9 - Spring Hill Golf Club Tunnel Agreement - Continued) • Jabbour informed Crosby that he feels it is advantageous for the City not to be involved with the tunnel. He believes that Kelley and Goetten most likely feel the same way. Crosby felt the agreement answers the procedural position of Jabbour but not Flint's substantive position. Jabbour said he questioned why the City should be involved in the tunnel if the public is unable to use it. Flint agreed that the ability for Spring Hill to work directly with the County solves the problem. Flint said he could not see the City being on the chain of title if no benefit is received by the City. He said work on the trail can be conducted separately. Crosby indicated that he is not yet in the position to say whether this agreement can be made but needed to determine whether the City would approve Spring Hill making a direct agreement with the County. Crosby said he does not know at this time whether the County will approve a direct agreement. Moorse said the County seems to be receptive to reviewing the matter but thought there should be some public ownership involved. Peterson concurred that she would prefer that the City not be involved in the tunnel and supports Hennepin County pursuing a direct agreement. Flint moved, Peterson seconded, to give support to a direct tunnel agreement between Spring Hill and Hennepin County, eliminating City involvement. Vote: Ayes 3, Nays 0. Tim Johnson reported that more trees have been planted, the irrigation and drainage is 60% completed, resulting in being substantially ahead of schedule. The maintenance building is currently under construction. Crosby said a split rail fence has been constructed along County Road 6 on the eastern end for winter security to eliminate snowmobilers from entering the property. Flint asked when the trail construction would begin. Johnson said it depends on the weather. If there is a cold spring and other work is held up, Johnson said the trail construction may begin then or otherwise be started and completed next fall. Johnson informed Peterson that the same target date for opening is being held. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24,1997 0 MAYORICOUNCIL REPORT Jabbour reported a resident was questioning maintenance of the Brown Road trail during the winter months. The resident said he was informed during construction that this would occur. Moorse said trails have never been maintained during the winter. Flint noted the City lacks the equipment for doing so. Flint noted that residents on Ferndale road were interested in the trail being maintained along that road. Plymouth representative had said that they maintain a large percentage of trails during the winter and prioritize what trails remain open. No comments had been made regarding the Orono trails at that time. Jabbour said residents should receive answers to questions that are asked. Gappa said he received one call from Thomas Lane regarding trail maintenance. Jabbour indicated that Mr. Lane was the person he had spoken with and asked Gappa to inform Lane of the policy and the reason behind Lane's request for maintenance. Council agreed that Lane should be informed of the policy regarding no winter maintenance of trails. Flint said he would prefer to keep the trails open in the long run but noted the City does not have the personnel or equipment to maintain it on a day -to -day basis. Jabbour reported he attended a meeting with a representative of the MCWD, a Mn/DOT • representative, Orono City Administrator Moorse, City Administrator of Long Lake, and past Mayor, Ed Callahan, regarding agreements between Mn/DOT and the Watershed District. Jabbour felt the meeting was positive. Discussion was held regarding density levels, impacts on the Watershed, and changes to the water elevation on Lake Minnetonka, and the increase projected for the lake and flood plain. Jabbour felt the Watershed District and City had alot of common ground. Jabbour said Gaffron had indicated the Met Council felt the City should have a 2 unit per acre density by the year 2020. Gaffron said the Met Council would apparently like to see development between now and 2020 average 2 units per acre in Orono. Jabbour feels the Watershed District will concur with the City regarding density. Jabbour expressed the importance of the work by Mayor Callahan on issues facing the City noting his insight and ability, and the continuity he provides. Jabbour reported that he has been speaking with Park Chair Wilson and Moorse regarding park plans. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24,1997 (Mayor /Council Report - Continued) 0 Gaffron distributed a document relating information from the Met Council. Flint asked for an explanation. Gaffron indicated the report deals with growth strategy policies, land use data, and transportation within the city as the basis of updating the Comprehensive Plan. Gaffron said he is attempting to determine how the conclusions regarding growth assumptions were made. He does not feel it is reflective of what has occurred in the city, not what is currently planned. Jabbour said past density has been based on availability of sewer and is well founded. Jabbour feels this argument should be continued. Jabbour feels consideration should be given to sewering 2 acre zoning without requiring the zoning to change. He indicated the impact on the Watershed must be used as reasoning to maintain density levels. Jabbour cited example of the changes in water levels on Lake Minnetonka. The proposed rejuvenation of the lake from the drought years was anticipated to be 20 years but was only 2 years. ( * #10) FUNDING FOR PLANNING INTERN THROUGH DECEMBER Peterson moved, Flint seconded, to approve additional hours for the planning intern through the month of December at a cost of $1,000 to be funded from the Contingency Account. Vote: Ayes 3, Nays 0. ( * #11) PROPOSED 1998 FEE SCHEDULE - ORDINANCE AMENDMENT (INFORMATION ONLY) No action requested at this time. ( * #12) 1998 MEETING SCHEDULE Peterson moved, Flint seconded, to approve the 1998 Meeting Schedule. Vote: Ayes 3, Nays 0. ( * #13) CERTIFICATION OF DELINQUENT UTILITIES AND GENERAL SERVICE FEE - RESOLUTION NO. 4007 Peterson moved, Flint seconded, to adopt Resolution No. 4007, providing for the collection of delinquent 1997 charges for sewer and water utility services, fees for the annual septic inspection and recycling programs, and general service fees for false alarms and developers improvement fees. Vote: Ayes 3, Nays 0. • 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24,1997 ( * #14) REQUEST TO ESTABLISH DRUG FORFEITURE FUND Peterson moved, Flint seconded, to authorize the City to establish the Drug/Felony Forfeiture Fund, a Special Revenue Fund, as of January 1, 1997, by an operating transfer of $8,347.18 from the General Fund to the Drug/Felony Forfeiture Fund; to amend the operating transfer in or out budget of each fund by a like amount; and to reallocate the related year to date revenues, and expenditures from the General Fund to the Drug/Felony Forfeiture Fund, with appropriate budget amendments. Vote: Ayes 3, Nays 0. ( 915) PARK COMMISSION VACANCY Moorse updated the Council on Park Commission positions. The term for James White will expire December 31, 1997, and authorization was requested from Council to contact White regarding his interest in continuing to serve. Peterson felt it would be appropriate to contact White. Flint agreed noting Park Commissioners gain expertise that benefit extending their service time. The excellent performance of White was noted. Moorse said he would contact White regarding renewing his term on the Commission. is Moorse reported that a position on the Park Commission is open due to David Beal moving out of the City. Moorse asked the Council for direction on how to proceed with filling the vacancy and what time line should be followed. Council directed Staff to provide applications from the most recent selection process for Council review. 0 ( #16) QUOTATIONS ON CANOPY FOR PUBLIC WORKS BUILDING Moorse reported that quotations were being sought to construct a canopy over the entrance to the Public Works Building. The initial quotes were higher than expected. Gappa said redesign work has been done and quotations have not yet been received. Jabbour asked that the Council review the design before bids are sent out. Gappa said the plan and costs will be presented to Council at the December 8 meeting. CITY ATTORNEY'S REPORT City Attorney Barrett suggested discussion be held due to threatened litigation on park dedication fees. Mayor Jabbour adjourned the meeting to Executive Session. 11 r . MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24,1997 ( * #17) LICENSES 1998 LIQUOR AND BEER ONE DAY RAFFLE - RESOLUTION NO. 4008 Peterson moved, Flint seconded, to approve the following licenses and Resolution No. Vote: Ayes 3, Nays 0. On Sale Liquor & Sunday Jimmies Lounge 3380 Shoreline Drive Off Sale Liquor 12 Hi Liquor 2160 West Wayzata Boulevard Navarre Liquors Inc. 3421 Shoreline Drive Club & Sunday Wayzata Country Club 200 Wayzata Boulevard Club Woodhill Country Club 200 Woodhill Road 0 On Sale 3.2 Beer Orono Golf Course 265 Orono Orchard Road Lakeview Golf of Orono, Inc. 405 North Arm Drive Off Sale 3.2 Beer O'Sullivans 2420 Shadywood Road and 3340 Shoreline Drive Orono Self Service 2160 West Wayzata Boulevard On & Off Sale 3.2 Beer Navarre Bowling Lanes 3435 Shoreline Drive One Day Gambling Orono Hockey Boosters, Inc. January 18, 1998 is 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 24, 1997 0 ( * #18) BILLS is Peterson moved, Flint seconded, to approve payment of the All Funds Account. Vote: Ayes 3, Nays 0. ADJOURNMENT The meeting was adjourned to Executive Session at 8:17 p.m. Gabri Jabbour, Mayor 13