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HomeMy WebLinkAbout12-08-1997 Council MinutesORONO CITY COUNCIL MEETING MINUTES FOR DECEMBER 8, 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, Planner /Zoning Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, City Engineer Tom Kellogg, Planning Intern Brad Bressler, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. ( #1) LEVY ADOPTION HEARING -1998 TAX LEVY AND BUDGET RESOLUTIONS NO. 4009, 4010.AND 4011 Moorse reported that the adoption of the levy and budget resolutions is the final action required for the 1998 Budget and Tax Levy. The tax levy is proposed to increase 2.94 %. Moorse said the budget reflects the City's efforts to maintain current service levels and meet long term infrastructure needs. Jabbour said the resolutions are the result of several meetings held regarding the budget. Kelley moved, Goetten seconded, to adopt Resolution No. 4009 adopting the final 1997 Tax Levy Collectible in 1998 in the amount of $2,225.130. Vote: Ayes 4, Nays 0. Goetten moved, Kelley seconded, to adopt Resolution No. 4010 adopting the 1998 General Fund Budget in the amount of $3,638.095. Vote: Ayes 4, Nays 0. Jabbour moved, Peterson seconded, to adopt Resolution No. 4011 adopting the 1998 Special Revenue Funds Budgets in the amounts of $90,000 for Parks, $126,400 for Improvement and Equipment Outlay, and $623,675 for Building Cap Outlay. Vote: Ayes 4, Nays 0. (Flint arrived at this time.) ( * #2) CONSENT AGENDA Items #8, 11, 13, 14, 19, 22, 25, and 28 were added to the Consent Agenda. Item #4 was removed from the Consent Agenda. Goetten moved, Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8, 1997 APPROVAL OF MINUTES ( * #3) REGULAR MEETING OF NOVEMBER 24,1997 Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of November 24, 1997. Vote: Ayes 5, Nays 0. ( #4) TRUTH IN TAXATION MEETING OF DECEMBER 3, 1997 Moorse indicated that the minutes have been revised to include information regarding the budget. Kelley moved, Goetten seconded, to approve the Minutes of the Truth in Taxation Meeting of December 3, 1997 as amended. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Appreciation was extended to White on his work on the Park Commission and his willingness to serve another term. White reported on the issues before the Park Commission including long and short term goal setting, long term funding, and park improvements. White said a report is forthcoming on the Park Commission's mission statement, funding sources, parks, and rinks. He indicated they are making progress in these endeavors. Jabbour informed White that he has met with Hennepin Parks, and the meeting was very productive. PLANNING COMMISSION COMMENTS No member of the Planning Commission was in attendance. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT ( #5) #2264 JANET KIERNAN,1491 SHORELINE DRIVE - VARIANCE - REQUEST FOR DIRECTION The applicant was present, along with architect, Alan Christy, contractor, Joe Dzurik, and footings sub - contractor, Mr. Nelson. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 S( #5 - #2264 Janet Kiernan - Continued) Gaffron reported that the applicant was granted variances in August, 1997, for remodeling of her residence with the findings that 40% of the existing house would remain, resulting in 20% of final product being the existing house. Since that time, it has been determined that only a few pieces of original foundation remain and none of the superstructure. Work was stopped by Staff for Council direction regarding whether reconsideration should occur of application since lakeshore and side setback variances are typically not allowed for new construction. Gaffron said there is the opportunity at this time to have the property become more conforming as it appears to be a total reconstruction. Gaffron reviewed the plan noting the location of the three remaining pieces of foundation. Photographs were distributed showing the current property condition. He noted that the problem created is that too little remains of the foundation to consider the project a remodel. Gaffron asked Council for direction whether the applicant should be allowed to continue under the building permit and variances granted, or whether the house should be moved to meet side and lakeshore setbacks, or reviewed again by Planning Commission. Gaffron said the Council's first step should be to formally conclude whether the project is new construction or a remodel. Jabbour asked if Staff feels the project has gone beyond the 40% threshold as noted in the conditions of the resolution. Gaffron said he believes it has gone beyond that threshold. Christy said he understood that all are familiar with the history of the property. He noted the applicant has tried to stay within the parameters of the resolution and building permit dated 11/20/97. He said the building inspector was contacted throughout all steps. There was no attempt to do anything that was not intended. Christy said the building inspector requested the additional building demolition without considering whether this was right or wrong under the conditions of the resolution. He said the last direction given by the inspector was removal of the frost footings which were deemed inadequate. Christy said conditions were found that were not originally anticipated, but the plans are the same as far as location and structure and all facts presented. He said the only variation is to site conditions and directions of the building inspector resulting in less of original building remaining. Based on that, Christy would like to see the project continue. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 ( #5 - #2264 Janet Kiernan - Continued) Jabbour said the Council is familiar with the site and that the applicant has diligently worked with the City. He noted, when Council had previously discussed the application, that Council Member Kelley had felt the footings should be inspected and certified prior to consideration of the variance application to determine their condition. Jabbour had thought it would be a burden to the applicant to have to determine the soundness of the foundation. Based on that information, the resolution approving the variances was adopted. Jabbour said that technically, the construction is now starting from scratch as a vacant parcel and could not be allowed lower standards than required of new construction. Christy said he understood that what is remaining is as it is but it is due primarily because of directives from the building inspector. He said it seems that this furthers the hardship for the applicant as all of the plans to save portions of the existing building proved futile. Jabbour said the building inspector is responsible to adhere to universal building codes and the two are not mutually exclusive. Christy asked what alternatives could be explored. Kelley said he agreed with Jabbour that with the finding of bad soils or bad foundation, the applicant should be required to adhere to zoning code ordinance. Kiernan said the occurrences happened over 5 -6 steps where the building inspector came out to the site and contractor was told of the situation and had asked what should be done. She questioned why it was allowed to get to this point where the framing and footings are in and not determined in earlier steps. Gaffron recharacterized what he thought took place. He said he understood the building contractor asked the inspector to come out and look at questionable areas and was told they should be removed. This occurred without zoning staff involvement. Gaffron said he visited the site last month where he felt the structural removals were at the point where he was barely comfortable that it conformed with the conditions of the resolution, but the project got to the point of needing additional removals putting it out of zoning conformity. Jabbour asked if the building inspector was aware of the 40% structure remaining criteria. Gaffron said he was. He said it was a question of wearing a zoning hat versus a building inspector hat. He said he told the building official last Thursday, 12/4/97, that the work had to be stopped as it was past the point of meeting the findings and conditions of the resolution. Ll 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBERS, 1997 • ( #5 - 42264 Janet Kiernan - Continued) Kelley asked if the contractor knew of the situation. The contractor said he did. Dzurik said when he spoke with the building inspector about the framing, noting he had to raise the foundation two courses and suspend the structure in mid -air, he saw that only 5% of existing foundation could be incorporated into the blueprint, the role of common sense took over. Kelley asked if the applicant was informed when the project got to the point where over 40% of the structure was removed. Dzurik said he assumed the building officials knew of the 40% requirement and should have informed him that no more could be removed. Jabbour felt the project went one step beyond where it should have with the framing. He said when the applicant made application, she was told the variances would be given but should hire a structural engineer to certify soundness of the foundation. Jabbour said he had thought this would result in undue hardship so the applicant was granted variances provided 40% of the existing structure could be saved. Jabbour said the applicant chose to go forward and found out that 40% of the structure could not be saved. Dzurik said he was told to remove more of the structure by the building inspector. He said the structure could have been underpinned. Dzurik said he asked the building inspector if the removals would cause the project to be stopped and was told absolutely not and told him to take additional structure down. Dzurik felt this did not make sense. Flint said he agrees with Jabbour and Kelley that the project was new construction. Peterson agreed. Kiernan said she feels caught in the middle. She said she informed Dzurik not to do anything without talking to the City. She noted the project has cost alot and this will bear additional cost burdens. Jabbour noted the possibility of having to go through the entire process again. He noted that the applicant did not have a house that could be added onto. He cited another example of a similar situation. Kiernan felt there were ways to have worked with the materials, such as underpinning, and it was the inspector's opinion to remove further structure. She noted there was a structural engineer on the job. Jabbour said the building inspector could come to the next meeting to answer questions but feels the project has gone beyond the parameters of the resolution. 0 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8, 1997 ( #5 - #2264 Janet Kiernan - Continued) Gaffron said there is no question that the building inspector approved all of the steps taken and approved them because from a building code standpoint, the substandard portions could not be part of the new house. He said the project possibly could have been stopped earlier. Dzurik asked if it has any bearing that he had asked the inspector whether the removals would cause any problems and was told it would not. City Attorney Barrett said he is comfortable with telling the Council that they can enforce the conditions of the resolution as far as the building code has to be protected. As a question of law, the City has the right to enforce the findings. Jabbour asked Council for direction. Goetten noted the unfortunate situation. She said she is generally steadfast in such situations. Goetten said the applicant was put on notice when she applied for the variance that she had to comply with conditions of the resolution. She understood the applicant has been above board with the City but does not believe there is a win -win situation. Goetten felt the application should be reviewed again by the Planning Commission and the structure pulled back behind the 75' setback line. Jabbour asked Gaffron to show the site plan and the 75' setback Iine and house location. Kelley clarified that there were two variances required plus hardcover. Gaffron said the project is over the 25% hardcover allowed. Parts of the structure, terrace, and steps are located in the 0 -75' setback. There is also need for an average lakeshore setback variance but that is not an issue. Jabbour asked if the structure could be moved to the north. Gaffron noted the location of trees to the north. Tom Kellogg said the sewer line comes in from the driveway, showing the location in the northwest corner, so this would not impact any construction. Dzurik informed Kiernan that her sewer line was in place. Gaffron asked if any construction under the current approval would be allowed in the 0- 75' setback. Goetten asked how far into the 0 -75' setback any construction occurs. Gaffron said it was 6 -8'. Jabbour asked if Council would support the plan if the structure was pulled out of the 0 -75' zone. Kelley suggested he would support the structure if pulled back behind the 75' setback and to the north to meet the side setback requirement. Goetten said she was concerned more with the 0 -75' setback. is MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 • ( #5 - #2264 Janet Kiernan - Continued) Jabbour noted that it is not the Council's intent to design the home but were trying to determine the issues of concern. He said the majority of the Council feels the resolution could be amended if the structure was relocated out of the 75' setback or the portion eliminated in the 0 -75' setback. Kiernan asked if this included the terrace and stairs. Jabbour said the terrace would have to be located out of the 0 -75', but the stairs could remain. He noted the house was only allowed to remain where it was located due to the use of the existing foundation. Peterson asked if the 6 -8' distance into the 0 -75' setback included the terrace. Gaffron said it did not. He said the plan would have to be moved back 20' to allow the terrace to be located out of the 0 -75' setback. Kiernan noted that she had significantly reduced the hardcover in the 0 -75' setback. Jabbour agreed but noted that the requirement is for zero hardcover in the 0 -75' setback with none of the original house remaining. Jabbour asked the applicant if she would like to take time to consider her options at this time. He clarified that the resolution could be amended with the house as designed as long as no portion of the house or terrace is located in the 0 -75' setback. IKiernan noted the problem with getting closer to the garage with the elevations. Gaffron showed the site plan and the difficulty in making use of the existing garage as planned if the structure is pushed back on the property, with having to swing into the garage if it is moved to the west. Jabbour suggested if the structure is moved to the north, there would be more space in front of the old garage. Kiernan questioned whether this would affect the drainfield. Gaffron said it would not create a problem as sewer will be ready to serve the property. He said grading may be of question. Kiernan asked Council to consider the busyness of CoRd 15 and her desire to keep as far away from that road as possible. Jabbour moved, Kelley seconded, to continue the agenda item to the end of the Zoning Administrator's Report. Vote: Ayes 5, Nays 0. ( #6) #2279 G. MARC AND TRACY WHITEHEAD,1220 LYMAN AVENUE - PRELIMINARY PLAT - RESOLUTION NO. 3966 Tracy Whitehead and Attorney, John Winston, were present. Jabbour ascertained from City Attorney Barrett that the applicant and he have reached a conclusion regarding the park dedication fee. Gaffron acknowledged that the preliminary plat was being reconsidered because of the park dedication fee. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8, 1997 ( #6 - #2279 Whitehead - Continued) • Gaffron said the Council voted to reconsider the preliminary plat at their November 24 meeting and direct Staff to draft language showing the nexus and proportionality of the park fee in its relationship to this subdivision. Gaffron said he had been unaware until this evening that a park fee agreement had been reached. Jabbour asked that the record reflect that the Council and Staff have been developing information to show the nexus so that the park fee could be determined by the City Attorney and Staff. Moorse reported that he contacted Council members regarding whether they would support approving a park fee of $7,000. He received majority support for this fee and authorized Barrett to resolve the issue at that amount. Tracy Whitehead indicated her acceptance of the fee amount. Barrett asked that the preliminary plat resolution be amended with respect to the park fee by adding three additional sentences as follows: "After the approval of the preliminary plat by the City Council, applicants, by their attorney, sent a letter objecting to the requirement that the applicants pay the park dedication fee as required by ordinance. Upon receiving the applicant's objection, the Council moved to reopen the preliminary plat, and to instruct the staff to provide more detailed findings for the Council's 40 consideration with respect to the park deication fee. After consultation with their attorney, and negotiations with the City Staff and City Attorney, applicants determined that they would agree to settle this matter in the amount of $3,500 per lot." Whitehead voiced her approval of that addition. Goetten asked if the subdivision and park fee remained the same. Jabbour said it did. Jabbour noted that Goetten was in favor of the application itself but not in how the park fee issue was handled and would stand on that opinion as she does not want to see case by case review. Kelley moved, Peterson seconded, to approve the preliminary plat Resolution No. 3966 with the addition of the three sentences by City Attorney Barrett. Jabbour asked that the record reflect that Barrett read the sentences into the record and were approved by both the applicant and attorney. Vote: Ayes 4, Nays 1, Goetten. P MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 ( #7) #2279 G. MARC AND TRACY WHITEHEAD,1220 LYMAN AVENUE - FINAL PLAT - RESOLUTION NO. 4012 Gaffron reported that the applicant has substantially completed the conditions required in the final plat and Staff is in receipt of the mylars and documents listed as required for the final approval. The park dedication fee issue has also been resolved. Staff recommends approval of the resolution of the final plat. The applicant had no additional comments. Jabbour moved, Kelley seconded, to adopt Resolution No. 4012. Vote: Ayes 4, Nays 1, Goetten. ( * #8) #2306 DENNIS PLATTETER, 809 BROWN ROAD NORTH - FINAL PLAT CLASS III SUBDIVISION - RESOLUTION NO. 4013 Goetten moved, Peterson seconded, to adopt Resolution No. 4013. Vote: Ayes 5, Nays 0. ( #9) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - PRD AND CLASS III PRELIMINARY SUBDIVISION iBill Gleason of Brook Park Realty was present. E Van Zomeren referenced the plans for the Class III Subdivision and PRD. The property is located on CoRd 15. Van Zomeren reviewed the discussions held on the application at two Planning Commission meetings. The Planning Commission recommended approval of the preliminary plat. Van Zomeren indicated that before final plat approval, the issue of a water loop or sprinkler system needs to be decided. Van Zomeren reviewed the concerns and resolution draft. Van Zomeren said the property is heavily wooded. The applicant has attempted to maximize tree preservation. Access will be from Livingston Avenue with a private driveway to access the townhomes to the south. A hammerhead will be added for a turnaround for cars and emergency vehicles. She noted that the individual townhomes will be privately owned and the other areas will be left in common ownership. Van Zomeren reviewed the conditions of the resolution. Under #16, Van Zomeren said the landscape plan will be done prior to final plat approval and will need to be changed if Council agrees. Jabbour asked if there was any hazardous materials found on the property. Van Zomeren said she is not sure what is there noting the property is a 10 acre site. 9 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 ( #9 - #2308 Brook Park Realty - Continued) Van Zomeren noted the typical submittals being required. The park dedication fee is $19,464. Sewer and water fees were noted. The Planning Commission recommended approval of the preliminary plat and PRD. The applicant, Bill Gleason, had no comments at this time. Flint questioned the 7' easement of right -of -way dedication to Shoreline Drive. He noted the Hennepin County bike trail plan and questioned whether this easement is the place for a bike trail. It is currently noted for use by utilities only. He questioned whether there is room for a bike trail on the southern edge of the property. Van Zomeren said it can be reviewed by the City Engineer and resolution can -be amended for a trail if requested. She indicated the Hennepin County right -of -way agent is requesting the same amount of easement as utilities companies have. Jabbour asked if the City wants a 7' or 10' trail. He noted the park dedication fee would have to be adjusted if that was the case. He asked if Gleason understood. Gleason said he was working through it. Flint noted the trail would have to be 10' or 12' questioning whether the location was feasible for a trail without getting into wetlands. Gleason said he did not believe there was adequate room for a trail in that location. Flint questioned the determination of 30 units in the zoning district. Van Zomeren said 40 the property is in the LR -1 C1 District and the applicant is able to increase the density by 50% if items A -F are met on pages 1 and 2 of the resolution. Barrett suggested the resolution be amended to note the addition of the proposed plat meeting those requirements. Kelley asked if the application meets those requirements, if the City has to allow the 50% increase in density. Barrett said he would review the matter but believed it is mandatory. Kelley felt too much structure was being squeezed in but would comply if required. Kelley asked how many townhomes were located to the east of this subdivision. Van Zomeren did not have that number. Kelley said he would like to know as the subdivision would add traffic through a lower density neighborhood. He suspected the property to the east has more dry buildable and has only 24 -26 duplex units. Jabbour noted that a credit is received for the wetland. Kelley said he understood that, noting that was the reason for asking Barrett the question on allowing an increased density. Jabbour noted that sewered areas are reviewed differently from non - sewered areas. 10 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8, 1997 4P ( #9 - #2308 Brook Park Realty - Continued) Kelley questioned the use of a hammerhead noting he has never seen this done in the City. He asked if the City was taking the position that this is to be allowed. Jabbour said he feels the use of a hammerhead instead of a cul -de -sac is in conflict with the ordinance. Barrett reported that the language provided within the LR -1C1, one family lakeshore, Zoning District allows for a 50% density increase. The language says this "may" be provided which appears to provide some discretion to the Council, but since there are no standards by which this is to be judged, he feels the applicant would have the right to the density increase. Flint questioned whether there is the discretion to round up in calculating the number of units allowed. Kelley asked if the number can be rounded down. Barrett said, by policy, what has been done in the past should be applied in order to be consistent. Jabbour noted that they were talking about one unit only. He sees the main issues as that of a hammerhead versus a cul -de -sac, and the guideline of certain agencies to say whether a sprinkler system is required. Van Zomeren reported that the resolution was not drafted to require the sprinkler system. • Gleason said if the water main could not be looped, the alternative would be to install a sprinkler system, but he has not done an analysis of it as yet. Gleason said he is attempting to save trees. Gleason said the system can be looped but tree loss is a consideration. It was noted that water pressure could be affected if all townhome residents were drawing water at the same time. Jabbour asked Gappa about the water pressure. Gappa said he did not believe water pressure was a problem as there was capacity to pull from two different directions. Gappa thought it would be nice to have a loop. Jabbour asked if it was nice or if it was required. Gappa indicated it was not required. Jabbour noted the code does not say the plan must be approved by a landscape architect. 0 Gleason said he was going to submit a landscape plan. If it is found there would be a loss of more trees, a plan could be provided to show the addition of more trees. Jabbout agreed noting the applicant should not be forced to have a landscape architect produce a plan. Gleason informed Kelley that tuck -under garages will be provided for the residents. Kelley asked where the front door is for the dwellings located in the middle. Gleason referred to page 5 of the plans noting the doors are on the walkways facing toward the woods. Kelley clarified that the door is not on the same side of the building as the garage. Kelley asked where guests park. Gleason said they could park in the driveway but would have to walk all the way around to access the door. 11 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 ( #9 - #2308 Brook Park Realty - Continued) Jabbour asked if the project meets the Livable Community Act. Gleason said he was unsure what that limit is but noted he was required to eliminate some units. The current market price is $134,000. Moorse reported that under the act, the maximum limit is $120,000 for 1997. Flint voiced interest in knowing how traffic will be affected in the neighborhood and if there were any requirements pertaining to this issue. Van Zomeren said there was not but could be added as a condition. Flint questioned whether it is fair to add that much traffic to a lower density housing area. Gleason said a water tower is located in the area where the road comes out. The number of units is low on that road and traffic would not affect many units. He said the goal is to extend the road to the west if he can acquire the land. The owner is not interested at this time, however. Kelley said a point that the Council should be made aware of is the subdivision may facilitate the need for a traffic light to be installed at Casco Point Road and Shoreline Drive. He noted the difficulty that would result in making left turns to go east during the morning rush hour. Kelley said the CoRd 19 and Livingston intersection will be used more and is a bad intersection to begin with. Moorse said the Council may want to ask the applicant to provide traffic information since this is the only way out of the subdivision and is of major concern. Jabbour said the majority of the application meets the code, though, he would like to have seen the project meeting the affordable housing criteria. He indicated the cul -de- sac requirement would not be met but noted the plan is for saving trees. Jabbour said the applicant must demonstrate the hardship to deviate from the cul -de -sac requirement. Gleason said the drive is meant to be a private drive, will be marked and made to appear as such. The hammerhead was considered to provide room for a turnaround. Jabbour noted that most of the roads in the City are private roads. Jabbour said he sees no hardship demonstrated. Gleason asked if trees were considered a hardship. Jabbour said the problem could be satisfied by eliminating two homes and installing a cul -de -sac noting the requirement is law. Kelley said he had questioned whether the Council was considering not requiring the applicant to adhere to the law. Peterson said she also was concerned with the issue of the cul -de -sac. She asked Barrett to look into the use of the word, "may ". Barrett said he would do so. He feels there is reason for plausible discretion by the applicant with the language, "may obtain ". Jabbour asked for Council direction. 12 • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8, 1997 ( #9 - #2308 Brook Park Realty - Continued) Goetten asked Barrett if it was fairly conclusive that approval should be granted as meeting conditions. Barrett said that was true as far as density is concerned. Gleason noted that the goal was for affordability and cost would increase if two buildings were eliminated and a cul -de -sac added. He felt the private driveway aids affordability. He noted the encumbrance of trees as well noting he was trying to meet a lot of criteria with the plan. Jabbour said the code is specific in its regard to cul -de -sacs. He noted the market price is already over the limit of affordable housing. Jabbour indicated no hardship was shown. Jabbour said either the code should be adhered to or the code changed. Jabbour concluded that because of the density allowed by code and with the cul -de -sac, it would result in a loss of trees. Kelley noted the cul -de -sac would be located at the end of the private driveway. If unit #7 was eliminated, there would be room for a cul -de -sac. Gleason said he understood that but was trying to accommodate several trees but would support the cul -de -sac. Flint asked how the traffic flow worked. The road and paved walkways were noted. Gleason said if the units were staggered, a service door could be provided. He said he normally builds courtyards into the project. Gleason said two separated walkways are being provided where one would normally be shown. This is being done in order to save trees. Kelley was informed that there would be a homeowners association. He asked about outdoor storage. Gleason said no outdoor storage would be allowed. No boats could be placed in the driveway and cars would be allowed in the driveways only temporarily. Van Zomeren referenced the restrictive covenant document noted under #7 on page 6 of the resolution. Kelley questioned whether the Council should review that document. Gleason said the homeowners association document would be submitted with the final plat. Kelley said he would not want to wait until that point and have the Council deny it. Jabbour said it would be more appropriate to give direction now on what is expected. Jabbour informed Goetten that the Council can make conditions on a homeowners association. Gleason said he would submit the document to staff. It was questioned how that would assist enforcement since the document can be modified. Jabbour said modifications would have to be part of the resolution. Gleason said a modification would also require 100% approval, one denial would totally deny it, and would require Council approval. While there is a time limit to the document, it is for 30 years. Jabbour noted the document can be renewed for an additional six years. Jabbour noted that there was a very limited street side to the units. He would like to ensure that there is adequate parking. 13 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 ( #9 - #2308 Brook Park Realty - Continued) Kelley asked if this was a PRD. Barrett said the increase is pursuant to the zoning district and not a PRD. Kelley asked if there was no parking on the street. Gleason said no parking would be allowed on the 22' wide street. Kelley asked what occurs when there is a party. Gleason said residents can ask their neighbors for permission to park in their driveways. Flint said he was not prepared to vote on the preliminary plat at this time as he would like an answer on traffic flow. He is less concerned with the issue of the cul -de -sac. Flint thought the use of a hammerhead made sense. Flint would like to see the impact of the density and is bothered by the use of the word "may ". Van Zomeren said it is listed under additional permitted uses. Barrett suggested the Council under Subdivision III ask the applicant to be required to meet these provisions, A through F in the resolution but others as well that give Council discretion. Under E, for building size and location, and F, vehicle egress and ingress, Council approval could be required. This may need further discussion. Jabbour said he was not concerned with the cul -de -sac itself but with randomly ignoring the need for demonstrating hardship. He noted the Planning Commission unanimously • rejected the need for the cul -de -sac and should not continue to make decisions in this manner. He said if the Council wants to make changes on egress and ingress it should do so or the application should be moved forward. The application would be discussed at the January 12 Council Meeting and January 19 Planning Commission Meeting. Jabbour said once the preliminary plat is passed, the City is committing to the project but some members of the Council are not comfortable with the plan as currently proposed. Gleason said he can ascertain the traffic impacts. He noted the subdivision is not designed for families but for singles and couples. He is unsure what can be done as far as CoRd 15 is concerned. Flint said he would like the applicant to present the information and have staff review it. He feels staff needs to be more proactive and look at development of the property to the west. Kelley said he would not like to see only one way out of the subdivision. Jabbour asked that guidelines be given to the applicant. 9 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 • ( #9 - #2308 Brook Park Realty - Continued) Cl Kelley asked the applicant to determine how this subdivision would correspond to the neighborhood to the east as far as density; what is proposed to the west, and roadway to CoRd 15. He suggested the use of a cul -de -sac. He wants to see the 22' private road meet the standards for private roads and review the homeowners agreement. Gappa noted the standard width for private roads is 28'. Van Zomeren said the reduction in width is to save trees. Kelley said if the issue is trees or safety, safety is more important as additional trees can be planted. As far as traffic impact, Kelley suggested that Livingston and Lyric could possibly be one way streets. Goetten said she had considered that as well noting residents will find other alternatives when they see a problem using CoRd 15. Goetten moved, Flint seconded, to table Application #2308 to the January 12 Council Meeting. Vote: Ayes 5, Nays 0. ( #10) #2314 JOHN BESSESEN, HOYT DEVELOPMENT, 2505 -2507 KELLY AVENUE - ZONING AMENDMENT, CONDITIONAL USE PERMIT, AND VARIANCE - RESOLUTIONS NO. 4014 Van Zomeren explained how the existing duplex credit works. She noted it is a moving target as it is tied to the commercial and industrial zones. The properties within 200' of the industrial zone are not eligible as they are not adjacent but separated by roadways and the railroad. In the commercial zoning district along Highway 12 areas within 200' and adjacent were shown. Van Zomeren said in practice, the duplex credit would not be used in this area. She showed the Navarre area where eligibility for duplex credit could occur noting its haphazard application based on "adjacent ". Van Zomeren indicated that the purpose of locating higher density residential next to commercial uses is to buffer low density housing. It is her opinion that the duplex credit is not an appropriate technique or method to attain buffering. The proposed property could become eligible by using the B3 District and establishing additional eligibility within 250'. This would add the property in question only. Van Zomeren reviewed the application. She reported there is an existing structure on the property that is a legal non - conforming use. In the LR -1B Zoning District one acre per dwelling unit is the minimum. A PRD is not allowed as the property does not meet the density requirement. The applicant is proposing removal of the existing structure and building a twinhome on the property. There is an Outlot A along the lakeshore and created and recommended by the City to provide docks for the nearby townhomes. The one acre property with the outlot grants rights to the neighbors next door. 15 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 ( #10 - 92314 Hoyt Development - Continued) • Van Zomeren reviewed the options as laid out in the packet. She reported that the Planning Commission recommended approval on a 3/2 vote to amend the zoning code by changing the eligible area within the B3 Zoning District. One alternative was to table the application to allow the Council to review where townhomes should be allowed and amend the Comprehensive Plan. A variance would be required to locate the duplex further away than the duplex credit currently allows. Bradley Hoyt and John Bessesen were present. Kelley indicated another option would be to combine the property with the adjacent townhomes into a PRD, eliminating individual lots, and working together to have a common dock. Van Zomeren said the problem would be that the property would not meet the requirements of the PRD. She indicated the wetlands also need to be delineated. Hoyt said he only has an option on the ownership of the subject property. His goal is to remove an unsightly structure and improve the property. Hoyt felt the Planning Commission recommendation is commendable as it only affects this property. He noted that Outlot A inhibits the lot from being a single family development. Hoyt said he is contractually closing on the property at the end of the week. He noted the history behind the common dock. He said he was willing to work with the neighbors to find a solution. Jabbour indicated that everyone is motivated to improve this property, but he wants to ensure that the right decision is made and not one of spot zoning. Jabbour said he asked Staff to review why the dock was planned as it is and whether the reason still applies today. He noted the removal of the dock would change the values of the property. Goetten said she was not in favor of spot zoning and would like to know the reasoning behind the docks. Hoyt said his understanding was one of clustering noting a past Council member lived nearby and did not wish to view the docks. Hoyt indicated that the townhome owners next door do not own the property underneath their homes but is owned by the association. Van Zomeren said the outlot is owned in common with all homeowners having an interest in it. Bessesen noted there were two homeowner associations. Hoyt suggested the docks straddling the property line by both properties and Outlot A being eliminated. Bessesen said Outlot A requires annual licensing. i 16 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 • ( #10 - #2314 Hoyt Development - Continued) 40 Jabbour said he feels there is a density issue in why the outlot was developed initially. He thought the purpose was to ensure that the homeowners association does not have riparian rights to the property in front of them and to ensure that the lagoon would not have a large number of docks on it. Hoyt noted that there was about 135' of lakeshore for the subject property and about 220' for the adjacent property. Kelley asked what prevents the applicant from combining the property with the Kelly Cove Townhouse Development and maintaining a building envelope. Jabbour said 6 acres would be required. Kelley questioned whether the northern property received variances. He noted the need to determine the dry buildable. Jabbour noted that Council Member Kelley has not wanted to see a PRD around the lake. He questioned how 1/2 acre zoning was not allowed here and done elsewhere, citing property located between two marinas. It was determined that the zoning was different. Bessesen asked if the existing structure could be added onto and then removed afterwards. Van Zomeren said the property could not be expanded due to its non- conforming status. Bessesen said the Planning Commission was not sure of the distance from the zoning for duplex credit and recalculated it. The distance determined was found to only affect this parcel and would be considered adjacent property. The distance is 200' to the property and 250' to the middle point of the property. He indicated this would clean up the zoning and achieve improving this property without adversely affecting any other property. Jabbour indicated that the application triggered the thought process that staff thought would benefit the zoning without doing spot zoning but achieving more for the city in correcting issues of zoning. Kelley asked about combining with the lots to the north without doing a PRD and being within 200'. Van Zomeren indicated that the duplex itself would not be within the 200'. Kelley noted that the common area would include property both in and out of the duplex area. Hoyt said he was not in favor of any combinations. 17 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8, 1997 (#10 - #2314 Hoyt Development - Continued) • Van Zomeren clarified the original recommendation which would eliminate the duplex credit and just restrict the duplex credit to the B3 Zoning District only. She does not believe the duplex credit is the best method for buffering single family residences from commercial zoning. Kelley disagreed noting the Highway 12 Corridor has commercial property with multi- housing behind it and then single family homes. He reconfirmed the need for such buffering but noted that the subject property was not on Highway 12. Van Zomeren restated that buffering is appropriate but this method is not appropriate. She indicated what is done in the commercial district affects the duplex credit which should not occur. She feels a determination should be made where the duplex credit should be located. Jabbour said he is against spot zoning and indicated a 4 /5th majority vote is required. There were no public comments. The public hearing was closed. Jabbour suggested eliminating the loop in the ordinance noting he was against eliminating the outlot. Hoyt noted that he would have preferred to build a single family home but could not do so because of the outlot. He questioned whether the outlot could be rearranged but said he needed the option to build the twinhome. Hoyt said the existing building is only 5' from the right -of -way which creates problems. He noted that elimination of the outlot was not part of this proposal. Jabbour asked about eliminating the duplex credit. Van Zomeren said the Planning Commission recommended keeping the duplex credit with a 133 add -on. This was not recommended by Staff. She indicated that action would be required on the amendment before a CUP could occur for this proposal. Kelley said he had a problem with the B3 Zoning noting the reasoning behind it was for existing use, Rick's Super Valu. Kelley said the B3 is just like commercial property with a larger building. He is concerned that another concept could end up in that building. He would not like to see the duplex credit tied to the B3. Jabbour asked if the duplex credit extends around the B3 in the rest of the zoning. Kelley asked the reason for applying it only to the B3 district, where the existing use is a grocery store. Van Zomeren said it is not the current use but the zoning classification which is the link that supports the higher density. Kelley indicated the whole area is the shopping area noting a hardware store across the street. He questioned what would occur if Hoyt Development comes in and the only B3 in the City is because it is a grocery store and attaching this use to one place. He noted that Kelly Avenue is eligible across from where he lives. Hoyt felt the focus is where the city wants it to occur. He thought the contemplation of a duplex was a good idea. 0 18 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 0 (#10 - #2314 Hoyt Development - Continued) Jabbour suggested this property and other duplex between the two marinas and Sandy Beach be cleaned up. He said he did not visualize the need to go through a Comprehensive Plan Amendment. Gaffron said any changes to zoning would require amendment of the Comprehensive Plan. Flint said he favored option #4 (Comprehensive Plan Amendment and Zoning Study) but noted it does not solve the applicant's problem. Hoyt said he was unable to extend their option agreement. Bessesen noted that the proposal was to maintain the same elevation as the other townhomes. Jabbour suggested expanding the district to 250' and adding the B3 and then creating a special district for this property and the other areas noted. Barrett said that would be satisfactory. He questioned what was published for this application. It was noted that the zoning was not changing but amending the district, while not eliminating other districts, which results in the proper notification made. Flint said he would support that asking if the other areas would be considered. Jabbour said it would be done immediately. Gaffron said he would like to have a separate discussion on the goals of the other properties. Jabbour moved, Goetten seconded, to approve the Planning Commission recommendation instructing Staff to review the three areas noted to determine what zoning could be used for those locations. Peterson asked for clarification on what is being accomplished. Jabbour said this would extend the duplex credit to 250', adding the B3 zoning, and allowing the project to move forward. Vote: Ayes 5, Nays 0. Jabbour moved, Flint seconded, to approve Application #2314 for CUP and variance per the Planning Commission recommendation. Kelley asked about the variance. Van Zomeren clarified that the duplex credit has two criteria. The first is that a lot must have public sanitary sewer and be adjacent to the commercial /industrial district. The second is that the duplex must be constructed within 200'. The amendment would not change the 200' limit for construction. The footprint is further than 250' though the property is within 250'. The variance would be for distance and not for use. Vote: Ayes 5, Nays 0. 19 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 ( * 411) CITY OF ORONO - ZONING AMENDMENT - LAND ALTERATION REGULATIONS AND PERMIT CRITERIA #102, 2ND SERIES Goetten moved, Peterson seconded, to adopt Ordinance No. 102, Second Series, an Ordinance Amending the City of Orono Zoning Code Section 10.03, Subdivisions 19 and 21, and Section 10.56 Subdivision 16 (J) to Revise and Clarify Requirements and Limitations on Land Alteration and Land Alteration Permits. Vote: Ayes 5, Nays 0. ( #5) #2264 JANET KIERNAN - CONTINUED Jabbour asked if the Council would be within their jurisdiction to amend the resolution. Barrett said this could occur as long as there were less variances required. Christy said the applicant proposes to rotate the structure clockwise 15 degrees and move it back behind the 75' setback line in its entirety including the terrace. This would allow access to the garage without jamming the structure into it, minimize economical waste, eliminating further excavation, and minimize tree loss. The same variances would be required for side setback and 75 -250' hardcover. Christy said the hardcover would increase in the 75 -250' setback due to the amount that would have been in the 0- 75' would now be pushed into the 75 -250' setback. The other variance would be the same for average lakeshore setback. Christy said he would like to see the permit amended, submit site plans, and redesign the 0 interior. If elevation is changing to meet the grade, there may need to be a slight design change making some of the current design of the old home awkward and could be eliminated. This could be accomplished without further increasing the bulk of the structure and resulting in less of the bulk encroaching the side setback. He speculated that there would be no additional fees necessary for the new construction. Jabbour asked about time schedule. Christy said if the footings and concrete work could be done within the next two weeks, there would be no problem with continuing. Jabbour said he would like to reconsider the application with eliminating hardcover in the 0 -75' setback (excluding stairs), and allowing this amount of square footage to be in the 75 -250' setback, maintaining same side setback of 15' with no further encroachment, and eliminating existing footings. Kelley noted that there is 3.9% of hardcover in the 0- 75' setback and the 75 -250' setback is currently at 27.6 %. Jabbour noted that the calculations will have to be by square footage. Barrett said the recommendation by Jabbour would be satisfactory. Gaffron indicated there would be no additional fees. The only change might be the valuation for the building permit. Jabbour asked that Staff diligently work with the applicant. is 20 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 • ( #5 - #2264 Janet Kiernan - Continued) Jabbour moved, Goetten seconded, to reopen Application #2264. Vote: Ayes 5, Nays 0. Jabbour moved, Goetten seconded, to amend Resolution #3946 to reflect that any previous variances given to the structure in the 0 -75' setback would be totally eliminated and the amount of square footage would be credited to the 75 -250' setback. All remaining variances would remain as in the original resolution. The side setback is not to exceed amount stated. The applicant supported this motion. Dzurik asked if structure changes are made on the blueprint, if the applicant has to pay a fee. Gaffron said the building inspector would likely have to charge another plan review which is typically a percentage and would be for probably a couple of hours time. Jabbour asked if this fee could be waived. Barrett said it could. This was not added to the motion but with Council agreement and understanding by staff. Vote: Ayes 5, Nays 0. (Agenda order continues after review of Item #17) • ( #17) BURNING PERMIT REGULATIONS 0 Gappa reported that the Council has reviewed the burning permit regulations in the past. The recent changes for consideration include changes to the length of the permit and an allowance for burning of brush depending'on the lot size. The burning regulations in Independence and Minnetrista were researched, where they allow brush to be burned without permit up to a 25' pile, 10' high. Gappa said development in Orono was then reviewed and burning was considered for three categories: recreational, small brush, and large brush. Gappa reviewed the requirements for each type of burning as outlined in the packet. Gappa said he spoke with West Hennepin Public Safety, who requires a water supply consisting of a single hose for a small brush fire that includes log disposal. He thought their requirements were reasonable. The large brush fires would be for properties of 5+ acres. In that case, the West Hennepin Public Safety requires two hoses. Jabbour asked for public comments. Allan Engleman, 315 Old Crystal Bay Road, asked if the Council was now considering burning of brush. He was informed that this was being considered. 21 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8, 1997 ( #17 - Burning Permit Regulations - Continued) • Jabbour noted there were several ways these issues could be addressed. Gappa noted that it is the City's intention to provide a site for disposal as well. Kelley asked for several additions. He would like to see an adult (property owner supervision) be required to be in attendance for any small and large brush fires and fires be extinguished before leaving the site. Kelley said no commercial or imported material burning should be allowed for small and large brush fires; materials burned should come from subject property. He also feels there should be a time limit, noting no burning should occur during the night time hours. He supported the length of the permits as noted in the information. Jabbour suggested the burning permits be for a 90 day period. Gappa said the time limitation is to maintain control. Goetten asked what occurs if a fire cannot happen due to conditions such as high wind. Gappa said the permits allow for an extension. Jabbour said a fine and inability to obtain another permit penalty needs to be attached for violations. Peterson suggested the burning permits be for a 45 day period. Engleman asked if water has to be provided if the burning occurs during the winter. Goetten said that should be left to the discretion of the fire department. Engleman felt fires should be attended. Bob Gehrman agreed with Gappa regarding the concept of chipping wood where feasible but believes there is a place for limited large brush fires. He would like to see the issue addressed about availability of water. He thought if there was substantial snowcover, no water would be necessary. Jabbour asked Gappa to review the issue of snowcover in regard to brush fires. Gappa suggested a water hose be available if necessary at the building site. Kelley said a fire extinguisher could be available too. Gappa referenced the list of conditions. He asked if burning regulations should be an ordinance or policy. Gappa noted that an ordinance revision should not require a public hearing. Flint supported a new ordinance with inclusion of comments made by Kelley regarding safety. Flint noted that fires during the winter months may have to be done at night due to the limited daylight hours. Goetten supported the regulations. She noted the need to eliminate the first bullet noted on the top of the second page of the permit (not to burn brush or other prohibited materials), which would no longer apply. 0 22 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 • ( #17 - Burning Permit Regulations - Continued) Kelley asked that the ordinance be submitted to Council in its final form and instructed Staff to present it at the next Council meeting. Gappa asked for Council's recommendation on time frame of the burning permit. Jabbour suggested 60 days with an annual permit for recreational fires. He asked that a penalty clause be included that does not relate to a fine but to a time limit of 6 months. Goetten asked that Kelley's concern be added that only property owner's materials can be burned and no additional materials be brought onto the property. Peterson asked what the fine was for illegal burning. Barrett said it would be a misdemeanor requiring a fine of $900. ( #12) NAVARRE HOUSING STUDY Jabbour asked the reason behind the study. Bressler said the main purpose of the study was to evaluate the housing conditions in the Navarre area, check to see if there was a need for grant funding for rehabilitation, and to gather information for use in the Comprehensive Plan update. • A picture board displayed the housing found in Navarre. The study itself was broken into three parts: 1) mail out survey regarding conditions, ability to make repairs, and if there was interest in receiving grant funding; 2) field review of the properties; and 3) determination of percentages of affordable housing in Navarre and the percentage affordable housing constitutes in Orono. There were four sub areas within the City. The residents were asked whether they rented or owned; majority were homeowners. It was found that half of the residents fell within the affordable housing guidelines for income. The majority of the homeowners said they were able to afford repairs. There was a strong interest shown towards application for grant funding. While nearly 50% of the homes were in good condition, 30% were not. The field findings noted housing type, the majority of which are single family homes. The majority of the homes were found to be in good to excellent condition, but concern is shown for the remaining that are not in good repair. As far as garages go, the most concern was for detached garages which tend to be less maintained. It was found that 20% of the yards were in poor appearance. Bressler said the assessed value of housing for 1997 in Navarre is considered affordable. This correlates with the market values for 1996 -97. is 23 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 (# 12 - Navarre Housing Study - Continued) • Kelley was informed that the number of affordable homes were 183. It was unknown what percentage is being mandated by the Met Council for affordability. Van Zomeren said the Navarre area homes meeting the affordability criteria is 6% of the total homes in the City. Van Zomeren said Staff feels there is 24% of the housing that will be found to meet the affordability criteria. The average property value in Navarre is $107,000 with $220,000 overall in the City of Orono. The information will be used for exploring grant possibilities and updating the Comprehensive Plan. Other cities are assisting in reviewing affordable housing in the area. Jabbour said the Planning Commission was asking what grants are available. It was noted that the City has received CDBG funding in the past, though not for 1997. Jabbour commented regarding the Planning Department analyzing variance applications and cataloging them. He feels it is fruitless to amend zoning requirements as applicants will adjust their needs accordingly and will increase the number of variance requests accordingly. Van Zomeren responded that she feels this will result in obtaining a recommendation from the Planning Commission for elimination of some variances. She noted according to the oversize accessory chart, no variances are allowed and could be more restrictive. Van Zomeren said this information has allowed her to have a better understanding of what has been approved in the past. Jabbour noted the concern over drifting from our main objectives. Peterson said she has been told that the Council was more objective in the past and believes the Planning Commission could be more restrictive. Jabbour urged that Staff checks with Council before fully developing an idea. Goetten said she would like to see the Planning Commission more restrictive in their approvals. She noted that this results in it being more difficult to change an application at the Council level. Van Zomeren said new application forms are being developed which will require more information to be supplied by the applicant. Flint noted that the analysis should not be tied into statistics from the Met Council. He indicated the City is trying to develop a community of different income levels. Jabbour noted that there should be no leeway given from the zoning code regardless of the cost of the residence. is 24 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8, 1997 • MAYOR/COUNCIL REPORT Jabbour indicated that the City has received information from the Met Council which appears to indicate the density level of future development in Orono should be 2.3 houses per acre. He also reported he had a very positive meeting with representatives of Mn/DOT and the MCWD regarding ponding for new Highway 12 and the impact of development density on Lake Minnetonka. Jabbour said he met with representatives of Hennepin Parks to work on completion of the trail, cooperative agreement, assistance with parks, trails, and recreation in the area, and cooperative efforts regarding Highway 12 and the Hwy 12 and CoRd 6 intersection. Jabbour said he drove the City with Hennepin Park representatives, who were impressed with what they saw. Goetten asked who Gaffron spoke to from the Met Council. Gaffron said he did not speak to anyone but was sent a table of expected household numbers projected out into the future. The number did not match Orono's zoning requirements. He has not yet contacted the Met Council for clarification. • Goetten noted that she is a member of the Metropolitan Council's Land Use Advisory Committee and has been informing the committee about the City's development philosophy. She had thought they had a good understanding of the realities that were appropriate to the City. She asked Gaffron for a copy of the information so she can research it further. Jabbour said he is concerned that the density level in Orono is driven by the sewer units. He noted that low density is good for the eco- system. He would like to see the two acre density separated from its direct tie with sewering. Kelley agreed that it should be tied to water elevation and water quality of Lake Minnetonka. Jabbour indicated that 35% of the lakeshore of Lake Minnetonka is in Orono and over 40% of the surface water drainage to Lake Minnetonka comes through wetlands in Orono. Tom Maple has informed Jabbour that the 929.4' normal lake elevation is unrealistic and should be at 930'. Jabbour said Maple was in favor of the 5 acre dry buildable and would like to receive a copy of the City's philosophy from the Comprehensive Plan. Kelley noted that any assistance from other agencies will aid the City in their dealings with the Met Council. Flint referenced the urban sprawl effect citing examples in other cities. Jabbour said he was meeting with the Orono School Board and Minnetonka Beach • representatives to work on a community effort regarding a school facilities referendum. 25 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8, 1997 (Mayor /Council Report - Continued) • Flint reported that a master plan is being developed for the Luce Line Trail. He does not believe there are any plans to pave the portion which is in Orono. Kelley asked about snowmobiling. Flint said snowmobiling will not be extended. Flint noted that the Lake Minnetonka Regional Park being developed by Hennepin Parks could be used as an access to the Luce Line for snowmobilers. Jabbour noted access to the Luce Line can be obtained through Waconia as well. Goetten asked the status of the Ferndale Road project questioning when the public hearing will be held. Moorse said preliminary information has been received from Bonestroo regarding the feasibility study. Plymouth will be holding a public information meeting. Moorse asked that a decision be made whether a joint meeting should be held. Goetten said she thought the Orono Council was going to meet with the Plymouth Council in a joint work session. Moorse said that would be an option. Jabbour suggested the Council determine the opinion of the citizens first before any meeting with Plymouth. Moorse said he would get the information out to Council members prior to that time. Jabbour reiterated that a hearing will be held for the citizens before the meeting with the Plymouth Council. Jabbour extended congratulations to the Police Chief regarding the receipt of 'Best Jail Class 4" designation as noted in a letter from the Department of Corrections. ENGINEER REPORT ( * #13) REQUEST FOR PAYMENT #6 NORTH LONG LAKE/LONG LAKE COUNTRY CLUB ADDITION SEWER IMPROVEMENT Goetten moved, Peterson seconded, to approve Request for Payment #6, North Long Lake Sanitary Sewer Project to Barbarossa & Sons in the amount of $16,945.72. Vote: Ayes 5, Nays 0. ( * #14) REQUEST FOR PAYMENT #5 BAY RIDGE AND BRACKETTS POINT SEWER IMPROVEMENT Goetten moved, Peterson seconded, to approve Request for Payment #5, Bracketts Point/Bay Ridge Sanitary Sewer Project to Barbarossa & Sons in the amount of $28,075.35. Vote: Ayes 5, Nays 0. ( #15) REQUEST FOR PAYMENT #3 OLD CRYSTAL BAY ROAD BIKE TRAIL Kelley noted that he was not in favor of the fence on Old Crystal Bay Road and the cost of $5,000. • 26 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8, 1997 • ( #15 - Engineer's Report - Continued) • Goetten moved, Peterson seconded, to approve Request for Payment #3, Old Crystal Bay Road Trail project to Buffalo Bituminous in the amount of $42,964.31. Vote: Ayes 4, Nays 1, Kelley. Flint asked that the record show that the Council was not happy with the fence. CITY ADMINISTRATOR'S REPORT ( #16) TOBACCO - ORDINANCE AMENDMENT NO. 164, 2ND SERIES Moorse reported that there are new regulations regarding the sale of tobacco as adopted in State legislation. The requirements can either be enforced by the City or deferred to the County. Goetten asked if the City did the enforcement for a year and found that they would prefer County enforcement, if that could be done. Moorse said he believed so. Goetten said she is appalled that the prohibition does not apply to cigars. It was noted that tobacco products includes cigars but the legislation does not prohibit self - service displays of cigars. Jabbour noted that these are found at Rick's Super Valu and O'Sullivan's. Moorse said he could check to see if the requirement could be made more restrictive. Moorse was asked if the State could be assessed for the time and energy to enforce the requirement. Moorse noted that the City could defer to the County for the enforcement, but the same taxpayers would pay for it. Peterson moved, Goetten seconded, to adopt City Tobacco Ordinance and the changes required by State and Federal Law, with the understanding that Staff will review the issue of cigars. Vote: Ayes 5, Nays 0. ( 918) FIRE, BURGLARY AND SAFETY ALARM REGULATIONS AND REQUIREMENTS - ORDINANCE AMENDMENT NO. 165, 2ND SERIES Moorse reported that the amendment is a change in the ordinance as it relates to fire, burglary, and safety alarms. The ordinance currently states that a fee would be charged only after the third false alarm. This amendment allows for a fee to be charged for the second false alarm and is reflected in the fee schedule. The fee schedule is progressive. 27 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8, 1997 (# 18 Alarm Regulations and Requirements - Continued) • Jabbour felt charging for the second false alarm was too low in his opinion. He asked how much is charged for the first and subsequent false alarms. The second false alarm for police is $50, third is $100, fourth is $150, and fifth is $250; the fee for false fire alarms increases at a greater pace. Jabbour moved, Peterson seconded, to adopt Ordinance No. 165, 2nd Series, amending Ordinance No. 9.35, entitled "Fire, Burglary and Safety Alarm Regulations and Requirements ", to enable a false alarm fee to be charged when a public safety alarm system reports more than one false alarm to the City in a single calendar year. Kelley asked what percentage of fire calls to the City is false calls. Moorse said the percentage of alarm calls is 42 %, the majority of which are false. Kelley asked when the allocation costs with Long lake are reviewed, if the allocation is larger due to the number of alarm calls. He questioned if half are false calls, what the increment would be if these false calls were not included. It was noted that about $90,000 a year is spent for fire protection, and one -third are probably false in nature. Moorse noted that this cost is based on the market value of homes and hours of service calls. He thought savings would be in the thousands of dollars. Kelley said the percentage is likely higher due to more alarm calls, and results in higher costs to the taxpayers. Kelley said the City needs to get a handle on this issue. Jabbour noted that the charge is per hour and not per call. Kelley questioned if the cost of false alarms is passed on to the taxpayer. Moorse agreed that is basically what occurs. Kelley asked that the number of hours for false alarms be calculated. Moorse confirmed for Goetten that there is no charge to homeowners when fires actually occur. ( * 919) 1998 FEE SCHEDULE - ORDINANCE AND SUMMARY ORDINANCE FOR PUBLICATION NO. 166, 2ND SERIES Goetten moved, Peterson seconded, to adopt Ordinance No. 166, 2nd Series, amending the City's fee schedule and summary ordinance for publication. Vote: Ayes 5, Nays 0. ( #20) RETIREMENT OF DOROTHY HALLIN, CITY CLERK - RESOLUTION NO. 4015 Jabbour indicated his great sadness in the resignation of Dorothy Hallin, who has served the City for 27 years. Moorse indicated a retirement party will be held in January. i 28 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8, 1997 • ( #20 - Retirement of Dorothy Hallin - Continued) Peterson moved, Goetten seconded, to accept Dorothy Hallin's resignation and adopt Resolution No. 4015 in appreciation for Dorothy's 27 years of dedicated service to the City. Vote: Ayes 5, Nays 0. ( #21) RESIGNATION OF CHRIS MILLER, ASSISTANT FINANCE DIRECTOR/MIS COORDINATOR Moorse noted accomplishments made by Miller during his tenure, specifically in the technology and MIS area. Council expressed regret in the resignation of Miller. Flint moved, Peterson seconded, to accept the resignation of Chris Miller from his position as Assistant Finance Director/MIS Coordinator effective December 18, 1997. Vote: Ayes 5, Nays 0. ( * #22) COUNCIL LIAISON TO PARK COMMISSION AND PLANNING COMMISSION MEETINGS IN 1998 . Goetten moved, Peterson seconded, to approve the schedule for Council attendance at the Park Commission and Planning Commission meetings during 1998. Vote: Ayes 5, Nays 0. L� ( #23) 1997 INTERFUND TRANSFERS AND LOAN PAYMENTS Moorse reported that the approval would authorize transfers that were previously approved as part of the 1997 budget. Kelley moved, Flint seconded, to approve the interfund operating transfers, loan payments, and special assessment payments on City owned property as presented, effective December 31, 1997. Vote: Ayes 5, Nays 0. ( #24) AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED Moorse noted that advance Council approval is required in order to continue bi- weekly disbursement of City funds for payment of claims since the meeting is the last Council meeting of the year. 29 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBERS, 1997 ( #24 Authorization To Disburse City Funds For Claims Received - Continued) Kelley moved, Peterson seconded, to authorize the City Treasurer to disburse City funds in payment of claims received for the December 22nd Council Meeting, which has been canceled, and that such claims be presented for formal approval at the January 12, 1998 Council Meeting. Vote: Ayes 5, Nays 0. ( * #25) APPOINT AUDITOR FOR FISCAL YEAR 1997 Goetten moved, Peterson seconded, to approve the appointment of the audit firm of Malloy, Montague, Karnowski, Radosevich & Co., P.A. to perform the required audits for the 1997 fiscal year records at an estimated cost of $18,650, plus direct expenses. Vote: Ayes 5, Nays 0. ( #26) CANOPY FOR PUBLIC WORKS BUILDING Moorse said the canopy has been re- engineered. The original concept was shown. Jabbour was informed that the original architectural drawing was done by Bonestroo. Gappa reviewed the changes to the structure. Goetten asked why the cost was so high. Gappa said it was due to the roof structure. • Moorse said the low bid was from Flag Builders for $19,480. Jabbour asked if the construction would be done this year. Gappa said the majority of the structure would be erected this year, namely the roof structure and columns. The finishing work would occur in the spring. Jabbour inquired of the foundation. Gappa said the type of footings was changed to a drilled type, which reduced the cost. Goetten said the cost is still expensive. Gappa said the original low bid was over $30,000. Changes included footings and removal of brick. Jabbour noted that the door was located on the wrong side of the building for snow and ice accumulation. Gappa said that fact was reviewed but change in door location was not practical with the layout of the interior. Kelley moved, Peterson seconded, to award the Public Works Building entrance canopy project to the low bidder, Flag Builders, in the amount of $19,480; that the project contract costs are to be paid from the Building Outlay Fund; and that the 1997 budget appropriation is amended in the ainount of $19,480. 30 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8,1997 0 ( #26 Canopy For Public Works Building Continued) Goetten asked if there were other options that could be pursued. Gappa indicated that changing the door location would cost as much. Vote: Ayes 5, Nays 0. ( #27) 1998 POLICE SERVICES CONTRACT WITH THE CITIES OF MINNETONKA BEACH AND SPRING PARK Moorse reported of the need to renew the contract for police services. ( #27 - 1998 Police Services Contract - Continued) Flint moved, Peterson seconded, to approve the renewal of the Police Service Contracts with the cities of Minnetonka Beach and Spring Park for 1998 and to authorize the Mayor to sign the contract documents. Vote: Ayes 5, Nays 0. Jabbour asked Moorse about the meeting held with the Wright County Humane Society. Moorse said the society is open to considering a joint effort. Jabbour informed Council that Moorse was talking with other cities regarding building a facility which would be run by the Wright County Humane Society. He feels the society is in tune with the City's beliefs in handling of animals. Jabbour said he fears getting into a situation with another agency where their philosophy in handling animals is contrary to that of the City. Jabbour asked that the Council be part of the solution for determining a location and facility. Moorse indicated that the facility would be operated by the Wright County Humane Society and would replace the existing facility in operation in Delano. The society is also looking for another facility in the western portion of Wright County. The easterly facility would serve Orono and other lake area cities. ( * #28) REAPPOINTMENT OF JAMES WHITE TO PARK COMMISSION Goetten moved, Peterson seconded, to approve the appointment of James White to a three year term on the Parks, Open Space, and Trails Commission. The term will begin on January 1, 1998 and will end on December 31, 2000. Vote: Ayes 5, Nays 0. ( * #29) DONATION TO ORONO POLICE DEPARTMENT Goetten moved, Peterson seconded, to accept the donation of bullet resistant vest from — Mr. Reed. Vote: Ayes 5, Nays 0. 31 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 8, 1997 CITY ATTORNEY'S REPORT City Attorney Barrett had no report. ( * #30) LICENSES Goetten moved, Peterson seconded, to approve the following license: Vote: Ayes 5, Nays 0. Special Event Permit Jyland Development Spring Parade of Homes March 1998 at 425 Hunter Pass ( * #31) BILLS Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT Goetten moved, Peterson seconded, to adjourn at 11:35 p.m. Vote: Ayes 5, Nays 0. ATTEST: orothy M. a in, City Clerk Gabrie Jabbour, Mayor 32