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HomeMy WebLinkAbout05-29-1973 Council Minutes � : • VILLAGE OF ORONO • Regular "leeting of tiie tTillage Council , 7: 30 P.i•I. �''Iay 29, 1�73 • ` Tiie Village Council met on trie above date W1tI1 tlie follo�ain� members present: ;tayox � ObPrhauser, Couiicilmer Butler, Dorn, 'Iassenpale, aiid l`Jels.i. • � ;3ui.ler movel, "Iassengale seconc�ed, t;iat the ;TIiJUTES i [inutes of the Regu1 ar ��ieeting of i1ay 29, � 1973, be approved. ;.totion, Ayes (5) - i�lays (0) . r iayor Oberhauser reopened the contiiiued PUPLIC HEARIi�G � public liearing from the ?iay 14, 1973, meeicin? IDS Proposal at 7 ; 33 P.:i, for comments from tl�e public � regardin� tlie IllS proposal . After everyone was given an opportunity to spea%, tne '�tayor • closed tlie public heariiig at 7: 37 P.i;. • `'ayor Ol�erhauser announcccl that the Couiicil FOUR S�PARATE '��i0TI0i�'S � �resent four separate motio�is of c1e1�ia1, one for eacii reauest of IDS. The Couiicii will � �iieii state its reasons for clenial ancl t.�ien a�tempt ta offer coricentual �uidelines to � I��S in order to convey the Council 's feelin�s � as to �iie development desired in the south- � rrc;st corner of Hig:itvays #15 � #19 in Ilavarre. � tassengale moveci, Butler seconcled, to deny I-IEIGtiT VARIANCE the IllS variance to Iieig�it as rec{uestecl in � tiie application. �lotion, Ayes (4) - i�ays (1) . Councilman Dorn Nay. • � �lasseiigale moveci, Butler seco�ided, to deny CONDITIONAL US� PER'iIT' �,ie conditional use renuest of IDS for 175 � multinle dwelli.ig units as presented in t�7e applicatio��. ?Iotion, Ayes (S) - Nays (0) . • � '7asse��gale moved, Butler secondec�, �to deny REZONIiI?G �tlle rezoning requ�st from U-1 to B-3 and � from R-1C t� B-1 . ilotion, �yes (4) - I1ays (1) . Cou,icilmaii Dorn �day. t � 'iasseii;aie moveu, �3utler secondecl, to deny STREET VACATION • t�ie street vacation of i:elly Avenue as in t:ie application. This �vould not be sole � areven�or of tiie project Uut siiice t�ie otiier tliree rec�ues ts liave been deiiied, tiie s treet � vacation is now a mute poi;it , i!otion, � 4�ycs (4) - iJays (0) . Councilma�l Dor1i austaineci, � � � s : • ���INUTES OF A REGULAR �tE�TING HLLi) �1AY 29, 1973 page 2 • The Village Council gave t:ie follotaing reaso�is REASONS FOR DEhiIAL � for the four above requests of IllS: � For the past several months , tiiis Council � �ias read, studied, and reviewed many stuclies , reports, records , staff napers, attendecl � meeti;igs and conducted public i�earings on t?ie IDS proposal for the develop,nent of t:ie • soui,iiivest corner of High��ays #15 and #19 in Navarre. Some of the reports ancl docume�lts � t�iat have been stuclied are: r 1 . Initial letter to tlie Council from IllS � c'.ated August 25, 1972 . � 2 . Traffic study of the Navarre area doiie by I3rauer � Associates , Inc, dated i�lovember 15 , � 1972. • 3 . Traffic analysis done by Barton-tischman Associates, Inc. dated June 1972 , �ahicii ttie � Village received Jaiivary 1973, 4. IDS applicatioi� aat�a Jaiivary 5, 1:�73. • 5. A report done by Brauer f Associatas on � the IllS proposal dateu January 22 , 1973. � 6. Letter from �Iound Fire Ctiief clated � January ?.3, 1973. 7, tVater report done by Bill A�ills dated � March 9, 1973. 8. Letter from Park Commission dated iiarcti 30, � 1973. � 9. Traffic count for tlie intersection of #�S y #19 as done by Hennepin County Hi�liway • Department dated November 24 , 19b9. � 10. Hennepin County Hightvay �enartment Traffic flow ma� dated 197I, � 11. Traffic repor� by Dexter �7arstoii dated � April 3, 1973. , 12. Navarre acreage map cloiie by i3i11 i-tills. 13. Listiiig of existin� commercial square � footage in iJavarre lone by Dexter :-Iarston. � 14 , i•iap developed Uy the Planning Commission t;zat shoivs potential traffic generation, multi- r units allot,rable and present reside�itial density • i:: Navarre. 15. Various memos and letters �vritten by tlie � Planni;��r? Commission members and Council membe;s . � � � � � : � ;1IiJUTES OF A REGULAR r�EETING HELD "-1AY 29, 1973 �age 3 • Tlie Council then stated reasons w;zy the IDS � proposal cvas voted down. � T;ie height variance was denied because it is contrary to tne ordinance. An amenclment of � tlie ordinance would �e required. There is Village wicle opposition to ]iigh buildin� � structures that would be more than the current allowable heigiit. The proposed tiao t�wers • are not compatible with this community. � Tlie conditional use for the multiple dwellings a requested was denied for several reasons. First, the number of units IDS waiited is in � excess of what our planner recommendecl. Secondly, the area is now served by two tcvo- • iane roads of limited capacity whicii affects tne areas ability to have a density as liigh � as requested without ]iaving to upgrade the � existing road networlc. Any application �a�zich �vould allow these limits to be exceeded is a , da;lger to the Villa�e. Studies indicate that tiie granting of the IDS proposal or allowing � tiie area to develop on a piece by piece basis �aould cause the existing liigliway capacity • to be exceeded. P.1any feel there is too much commercially zoned property in tlie Navarre � area now. One of che objectives of the Orono � Comprehensive Plan, which is being t,rorked on iio�v, is to try and provide an improvement of � the distribuzion of tlie commercial property -t;iat now exists in the Navarre area. • 'Tiie rezoning request was denied for tlie size � and development scope of the project is in ?xcess of what the area can support at this a .:ime and due to all of tlze previous comments * that have been macie above. It is also recognized that if tiie rezonin� was allowed, � the Village �aould lose control of what development can go into tlie rezoned area. � The Villa�e wislies to maintain that control • T;ie street vacation request itself would not . �e tlie sole preventor of t?ie project; however, due to all of the above comments , it is now a � mute issue. � :•Iayor Oberiiauser then stated t;iat being as the l�roposal of IDS �,ras defeated, the Council may � ���isii to give IDS some conce tual guidelines :�f a developmeiit that migit e acceptable. • •�y doing tliis , it �vould give IDS some guidelines �to work with and IDS could accept or reject t:ie Council ' s development concept of t}ie area � in question. � • � : • ��1I i�1UTES OF A REGULAR A�IEETI NG H�LD P�tAY 2 9, 19 7 3 Pa ge 4 e Oberiiauser moved, Butler secozided, to conceptually MOTIONS � approve a 100, OG0 sq, ft, gross leaseable � enclosed mall at the south corner of Highc,rays #15 �, #19 and t;iat the B-1 zone become a �3-3 zone and that B-3 zoning wi11 then exist on tlie eas t and wes t s icle of Kel ly Avenue. Conceptual approval be given to 15, 000 sa. ft. • of office space in trade for the reclassification of all the rest of IllS' s property in Tlavarre � to an R zoning, t?otion, Ayes (1) - Nays (3) . Councilmen Butler, Massen�ale, and ldelsii iVay. ` Councilman llorn abstained. ��otion defeated. • � Dorn rnovel, Butler seconded, to amend t'ie motion �o read that tiie Council conceptually approve i tiie concept of an enclosed mall �vithout determining now t�ie numner of sc�uare feet, � but make that determination and all other � consideration necessary to develop a complete development concept within t�ie next 30 d�ys . � i•iotion, Ayes (2) - Nays (3) . Councilmen Butler, i�tassengale, and lVelsh Nay. Amendment � defeated. � � I3utler moved, i�Iassengale seconded, to amend � the motion to read 70,000 sa. ft. of gross leaseable mall space which assumes the demolition of tne existiiig structures IDS currently is � leasing in the sout?z�aest corner area of #15 and #19 . P��Iotion, Ayes (1) - Nays (4) . � i�layor Oberhaus.er and Councilmen Dorn, i�lassen�*ale, and 19elsli Nay. Amendment defeated. � � A4layor Oberhauser offered t:ie next motion. � Oberhauser moved, P�Zassengale seconded, to � give conceptual aPproval for design purposes to give IDS residential credit of 100 • res idential units on tlie balance of t?ieir property on the t:�ree quadrants in the Navarre r area, exclusive of the commercial zoned � area in the southiaest corner of `�15 F, #19. ?�lotion, Ayes (2) - Nays (3) . Councilmen � Butler, ��Iassengale, and tidelsh Nay. 'ilotion defeated. � � i�tassengale moved, Butler seconded, to amend tlie motion to read tllat a maximum of 77. 8 � residential credits be allowed as proposed in tlie plan before us from tlie Planning Commi�.sion � iaitch the parcels as identified on tne Planning Commission map, i�otion, Ayes (1) - Nays (4) . • IWlayor Oberhauser, Councilmen Butler, Dorn, and � tVelsli i1ay. Amendment defeated. • � : �•�IINUTES OF A REGULAR f�IEETIr�G HELD P�iAY 29 , 1973 Page 5 • PZayor Oberiiauser offered the following motion: � Oberhauser moved, Butler seconded, to give IDS PROPOSAL conceptual approval of tiie transfer of (Continued) residential credits from the IDS property. east af Higiiway #19 into a single taUulation ancl apply them to the IllS property on tlie southwest corner of I-Iig;i�vays #15 �, #19. • T:iis is with the understanding that IDS will � donate their remaining property that is east of #1g to tIie Village for park and recreation ` purposes . �totion, Ayes (2) - Nays (3) . Councilmen Butler, i�lassengale, anc� �Velsh Nay. � irlotion defeated. • Council deferred action on the Hill Street STREET VACATION vacation until June 11, 1973, so that all Hill Street ,� Council members can go and look at tlie property concerned. � . i,lassengale moved, Butler seconded, to accept DIVISION tI�e preliminary plat of Dicon addition along 2425 North Shore Drive � i�rit?i tiie utility easements aiid su�ject to tiie Village Attorney review ancl approval of t�ie home owners association agreement. The o�•�ners are also reauired to pay So of tne raw land value for Village park purposes , T�iis � approval is Ueing given in view of recognizing tlie unusual shape of the land and the liardship involved in tryin� to plat under normal prucedures . In vie�a of the hardsiiip, tlie � Council is allowiii,u, the use of a PRD this time for tiiis small acreage proposal . iiotion, Ayes (5) - Nays (0) . � Butler moved, iUels�� secondecl, to approve the DREDGING PER�•iIT � aredging permit for i��r. Sweetser for the Council Sweetser clid establish a fact finding conclusion t:�iat � the property is not a marshland as defined in Village Ordinance No. 125, the property � is not listed on the geodetic map as marshland and the Village Council did visually inspect t.ie Property. The granting of t.iis anproval � is subject to the six cor_ditions listed in t12e ilinnehaha Creek Watershed llistrict 's letter � of April 23, 19�3. "9otion, Ayes (S) - iVays (0) . Butler moved, i�tassengale secondect, to approve VARIANCE the variance for �1r. Coakley subject to 2166 Shadywood Road receiving approval from t!ie Hennepin Couzity Hig�iway Department concerning the relocation �and width of tlie driveway. i�lotion, Ayes (S) - i�ays (0) . • r- . �iI�UTES OF A REGULAR T1EiTI�iG HELD 'tAY 29, 1973 Page 6 Butler moved, :Velsh seconded, to a�prove the DIVISION division of David Harrison, 105 Orono Orchard 105 Orono Orchard Road Road. � � I�iassengale moved, tYelsh seconded, to amend the motion to rec�uire i=4r. Harrison to pay 5 0 of the ra�� land value for Village park development. inotion, Ayes (4) - Nays (1) . Councilman Dorn iJay. � �utler moved, 1Jelsh sec�nded, to approve the Harrison division as amendeci. t�lotion, Ayes (5) - Nays (0) . T'ie variance for �3enhardus was held over VARIANCE until tlie June 11, 1973 meeting. Benhardus Butler moved, i�iassengale seconded, to approve VARIANCE f the Hill variance. The Coui�cil recognized 1150 6Yildhurst Trail tliat no additional land could. be purchased � to meet other code reauirements and that the number of sc{uare feet of land that now exists - is about equal to one acre. 1�otion, Ayes (S) - Nays (0) . llor�i moved, Butler seconded, to approve the DIVISION preliminary plat for Roy Starkey, subject to 3545 Sixth Avenue North � �t;ie proposed road being done on a right angle entrance to County Road 6 aiid the nlat must siioia tiiis so that the Council will know that t'rie "S11 curve iias been eliminated. Hennepin County must submit comments to tiie Village � staff on this plat, i;ir. Starkey must move tiie ease:nent for future road 5' more to t�he sout:i so that it will create a 20' side yard s�tback. Five percent of tiie raw land value is to be collected for Village park purposes. ��Iotion, Ayes (S) - Nays (0) . Butler moved, jJelsh seconded, to approve VARIANCE � the Gary r,�Iondale variance in accordance �aitii 1965 Country Club Road ���r, i.9arston' s i�7ay 11, 1973 memo to Council . i9otion, Ayes (S) - Nays (0) . Butler moved, tVelsh seconded, to anprove the VARIANCE �� Bohn ro�sriance at 3186 North Sliore Lrive. 3186 North Sliore llrive i`•�Iotion, Ayes (S) - Nays (0) . �Velsh moved, Dorn seconded, to approve the DIVISION Robert Winton division. �lotion, Ayes (5) - 740 Brown Roac.l North Nays (0) . �utler moved, l�Jelsli seconded, to approve the DIVISION Perry Gobel division and variance b reco nizin �� VARIANCE the difficulities encountered as Iisted in i�-lr, g 3570 $ 3580 North Shore Marstnn' s memo to Planning Commission dated Drive ,�Iay �1, 1973. P7otion, Ayes (S) - Nays (0) . i • . ?�IINUTES OF A REGULAR i�IEETING NELD i�iAY 29, 1973 Page 7 '� Butler moved, �Velsh seconded, to approve t3�ie DREDGING PERMIT Robert Birkeland dredging permit, subject to 1298 Wildhurst Trail � tiie conclitions listed in the approval letters from the Lal;e i�tinnetonka Conservation District, the I�linnehaha Creek l9atershed District and the State llepartment of Natura.l Resources. This dred�ing is to be supervised by the Village Engineer to see that the renuirements of his , letter dated December 13, 1972 are complied witli. The Cowlcil does not want any of the � spoils of this project put into the taetlands. i��iotion, Ayes (5) - Nays (0) . Council tabled 1!4r. Ledstrom variance until VARIANCE the June 11, 1973 meeting. Ledstrom � Council deferred action on the Auditor' s Ii�iPROVE��ENT FUND Capital Improvement Fund until the June 11 , * 1973 meeting, Butler moved, l�lelsh seconded, to grant the I��OBILE HOP�gE PERA4IT mobile home permit to Plir. Bohn for a six-month I3olin neriod of time. hiotion, Ayes (5) - Nays (0) . � Council deferred action on the Federal Revenue FEDERAL REVENUE REPORT � Sharing Report until the June 11, 1973 meeting. Butler moved, ilassengale seconded, to accept SEWER IhiPROVE�IENT 73-1 tiie Sanitary Sewer and Appurtenant �Vork Im�rovement No. 73-1 as presented by i��7r. Bernie Ptlittelsteadt of Orr-Sche2en-�Zayeron. i�lotion, Ayes (5) - Nays (0) . + The letter from the Hennepin County Auditor COUNTY AUDITOR LETTER * �,ras accepted. iVelsli moved, Dorn seconded, that Ordinance ORDINANCE N0. 147 � i�to. 147, An Ordinance To Amend The P4unicipal Lo�aer Age of ��linor Code Of Orono By Amending Chapter 42 Ta Lo�ver The Age Of A Pdinor To Conform To �•4innesota Lai,r, be adopted. h4otion,. Ayes (5) - � Nays (0) . ORDI T�Al`dCL P�0. 14� Oberhauser moved, Butler seconded, to extend EXTEND i��ORATORIUM tIie building moratorium in iVavarre to July 9, 1973, i�iotion, Ayes (d) - Nays (1) . Councilman Dorn Nay. � Butler moved, P•sassengale seconded, to approve THUNDERBIRD 130ND tiie release of the Thunderbird Trucking Bond. P,4otion, Ayes (5) - iJays (0) . � -. , ".4Ii1UTES OF A REGULAR �iEETING HELll ��IAY 29, 1973 Page 8 Butler moved, t�Velsn seconded, to award tiie BID ArVARDS 1973 seal coating bids to Allied Blacktop Seal Coating $ Blacktop � Company for the seal coat and to l3uffalo Bituminous, Inc. for the paving. rlotion, Ayes (5) - Nays (0) . 13utler moved, 1Velsil seconded, tliat the UTILITY PERMIT utility permit for Northwestern Bel2 Telephoiie Northivestern Bell Tele. * Company, Job Order 3104, be approved. i:iotion, + Ayes (S) - Nays (0) . � Butler moved, lVels3� secanded, tiiat the UTILITY PE12�2IT utility permit for Northivestern Bell Nort:zwestern I3e11 Tele. Telephone Company, Job Order 28536, be approved. Motion, Ayes (5) - Nays (0) . � T�ie Council informed i�ir. Bolin of 3136 i�iorth SEI�ER ASSESSr7ENT SIiore llrive, tliat he should si�n a consent 3286 North Shore Drive of waiver of assessment on his property now aiid tlien be included in the assessment roll under the new sewer project wnen it comes in. • Butler moved, Pgassengale seconded, that RESOLUTTON #497 Resolution +��t97, A Resolutioin Approving On, Off, F� Setup Licenses � Issuance Of On And Off Sale 3. 2 Beer Licenses , Setup Licenses, And Liquor Licenses , be adopted. i�4otion, Ayes (5� - Nays (0) . � Dorn maved, Aiassengale seconded, to call PUBLIC HEARING DATE for a public hearing for the Stubb's Bay Stubb' s Bay t��farina Setup i�larina liquor setup license to be held at License a tiie Council meeting of June 25, 1973. '•�otion, Ayes (3) - Nays (1) . Y,4ayor � Oberhauser abstained. Councilman Butler iJay. Butler moved, Dorn seconded, that the TRADE LICENSES _ following licenses be approved: i��Iotion, � Ayes (S) - Nays (0) . Hansmann 1Ve11 Company • Well Driller :�Tac-In-Erny - Plumber $ Sewer Hookup Peterson Plumbiiig $ Heating - Plumber � Sewer Hookup Sullivan Septic Service, Inc. - Sewa ge �isposal Installation ' 1�Iayzata Plumbing F Heating Company - Plumber � Sewer I�ookup � Garba e Haulers Licenses ac owia on Boyer Garbage Service � Depeiidable Services , i�.Tike's Sanitation Redepenning Service Village Sa�litation, Inc. ! • . ! ��INUTES OF A REGULAR biEETIIdG EiELD I��IAY 29, 1973 Page 9 � Butler moved, Massengale seconded, that the BILLS � All Fund Accounts 13631 throug;i 13777 and � L�quor Store Accounts 9386 through 9411, be pai�.. rtotion, Ayes (S) - Nays (0) . • Butler moved, rdassengale seconded, that the ADJOURyP•sENT • meeting be adjourned at 12: 55 A. r�1. ��Iotion, Ayes (5) - Nays (0) . • ` • • ui . e r er, � y � • , �- � , f� ��y��� '°, • Attsst: � ' "��G�` �' � _�_��_�" � ames . os. y, e mi is ra or ;' • ' �- • • � • • • • • • • • • • • • • � • • •