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HomeMy WebLinkAbout05-23-1994 Council Minutes• MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 23, 1994 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers Charles Kelley, J. Diann Goetten, Gabriel Jabbour and JoEllen Hurr. The following represented staff: City Attorney Tom Barrett, City Administrator Ron Moorse, Police Chief Stephen Sullivan, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, Public Works Director John Gerhardson, City Engineer Glenn Cook, and Recorder Barbara Anderson. Mayor Callahan called the meeting to order at 7:30 p.m. ( #1) CONSENT AGENDA Hurr removed #19 from the Consent agenda, and added items #7, #9, #10, and #11. It was moved by Jabbour, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 5, nays 0. APPROVAL OF MINUTES ( * #2) 1994 BOARD OF REVIEW MEETING OF APRIL 28, 1994 • It was moved by Jabbour, seconded by Goetten, to approve the Minutes of the 1994 Board of Review Meeting as submitted. Ayes 5, nays 0. • ( * #3) RECONVENED BOARD OF REVIEW MEETING OF MAY 9, 1994 Hurr noted that the incorrect date was on the Minutes and requested that it be changed. It was moved by Jabbour, seconded by Goetten to approve the corrected Minutes of the Reconvened Board of Review Meeting of May 9, 1994. Ayes 5, nays 0. ( * #4) REGULAR MEETING OF MAY 9, 1994 It was moved by Jabbour, seconded by Goetten, to approve the Minutes of the Regular City Council meeting of May 9, 1994 as submitted. Ayes 5, nays 0. PARK COMMISSION COMMENTS - Lili McMillan McMillan reminded the Council of the Park Tour which will be held on June 7, 1994 at 6:00 p.m. She had no additional comments. PLANNING COMMISSION COMMENTS - Steve Peterson There were no Planning Commission comments. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING MELD ON MAY 23, 1994 is PUBLIC COMMENTS Blu Lanney from Burnett Realty, stated she had been informed by John Holland that he feels that he has been unduly harassed about his animals by his neighbors and he claims that he owns Hollander Road, and is thinking about putting up a toll bridge at either end. Mayor Callahan noted that the Council had been so informed. POLICE CHIEF REPORT Sullivan passed out the reports on police activity for April and noted that it had been a busy month. He discussed the monitoring of County Road 15 and noted there had been a fatality on this road two weeks ago. He stated that they had been requested to focus on the no passing on the shoulder and they had issued 114 tickets in Minnetonka Beach. He commented that the intersection of County Road 15 and County Road 51 had been extremely hazardous and it was improved by installing a passing lane to allow traffic to pass on the right shoulder legally. Sullivan stated that Minnetonka Beach is trying to come up with a solution to improve safety on County Road 15, but they feel that enforcement is important for them. He believed that the speeding in this area was reduced because there were a number of police cars patrolling the area. Mayor Callahan inquired if Sullivan had provided Minnetonka Beach with the rates for • police enforcement coverage and Sullivan responded that June would be the last month in the three -month trial period, and at the end of that time he would be able to give them a rate. He suggested that Minnetonka Beach hire Orono police officers on a part-time basis to provide this coverage. ZONING ADMINISTRATOR'S REPORT ( #5) #1901 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD A. ROAD NAME Mabusth noted that staff recommended the name of Deer Run Trail as there is already a Deerwood Lane in Plymouth and they believed there could be some confusion between the two when emergency vehicles must seek immediate access to an area. It was moved by Hurr, seconded by Kelley, to approve the private road name of Deer Run Trail within the Coffin property portion of Old Crystal Bay Road Addition and to further require that the public road within the Dickey portion of the plat be named Countryside Drive West. Ayes 5, nays 0. s 2 •• , MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 23, 1994 • ( #5) #1901 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD (CONTINUED) B. FINAL SUBDIVISION - RESOLUTION NO. 3427 Jim Deanonie stated that they are requesting park dedication credit for the three acre site which contains the area now deemed by White Earth to be sacred Indian land. Mayor Callahan commented that he understood that it was Mrs. Dickey's wish that the land be set aside and the City was endeavoring to accommodate that wish. Jabbour stated that if the City was requiring that area for park land then the City should pay for it, but he felt the City had not asked for it. If the City was going to accept it as park land, then he wished them to do so with a minimum risk of liability. Discussion ensued regarding the method of establishing the value of the land. Kelley stated he was not convinced that there was sufficient documentation to establish that the outlot contained sacred ground. Mayor Callahan proposed that since the developer was proposing the City take all three acres, that perhaps they should split the difference. Hurr commented she felt that the entire three acre parcel was a better size. Mayor Callahan stated that the land would be dedicated as park land once the title was transferred to the City. It was moved by Jabbour, seconded by Kelley to adopt Resolution No. 3427 granting • final approval for #1901 Subdivision Old Crystal Bay Road Addition for Tandem Properties at 2645/3025 Watertown Road, giving the applicant's credit for 1.5 acres at the assessed market value, and amending condition #10 to note possible future public use instead of park land. Ayes 5, nays 0. • Mabusth stated that several members of the Countryside Homeowners Association were present, and that they were opposed to the southern trail connection within the Dickey property being public trail. After brief discussion, Jabbour stated that the Council had already determined that this would be public trail once the easements were platted. Mayor Callahan concurred, and stated that the plat was now approved with that provision, and it was too late to bring it up again. ( #6) #1916 IRWIN JACOBS, 1700 SHORELINE DRIVE - VARIANCE - RESOLUTION NO. 3428 Jim Jenson was present representing the applicant. Hurr commented that staff should look at the City code and develop some sort of sliding scale regarding accessory structures that would work for a 33 acre parcel. It was moved by Hurr, seconded by Kelley, to adopt Resolution No. 3428 approving #1916 Variance for Irwin Jacobs at 1700 Shoreline Drive. Ayes 5, nays 0. 3 NHNU'TES OF THE REGULAR ORONO CTTY COUNCIL MEETING .. HELD ON MAY 23, 1994 * #7 #1918 JAMES K. AND JULIE ANN LYNCH- DANIELS, 1225 ORONO OAKS • DRIVE - RENEWAL CONDITIONAL USE PERMIT/VARIANCE - RESOLUTION NO. 3429 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3429 for #1918 Conditional Use Permit Renewal and Variance for James K. and Julie Ann Lunch - Daniels at 1225 Orono Oaks Drive. Ayes 5, nays 0. ( #8) #1919 TY BUCEY, 2677 CASCO POINT ROAD - VARIANCES /CONDITIONAL USE PERMIT - RESOLUTION NO. 3430 Gaffron reviewed the staff report and described the drainage patterns proposed by the applicants. A letter from Beverly and Louis Smerling was entered into the record. Mrs. Smerling reviewed the history of the area and the relationship of her property to that now owned by Mr. Bucey. She stated she believed the house proposed by the applicants was too large for the site and there was the potential for water runoff to damage her property. She stated she was not in agreement with the proposal and wished this to be on record in the event of problems arising in the future so she would have some measure of recourse. Ty Bucey stated they had reduced the height of the house to fit within the code and the drainage plan was designed to have the water flow to the north and west sides of the is property away from the Smerling's property. Mayor Callahan inquired if there was anything that gave Mrs. Smerling reason to believe the present situation would be worse. Mrs. Smerling responded that the plans were changed from the original presentation but the drainage pattern will be changed from what previously existed on the property because the footprint of the house has been changed. She felt the larger house may cause water to find a way into areas that were not affected previously. Bucey stated there was about one hundred square feet in area difference between the previous structure which burned and the proposed house, so the amount of structural coverage on the site has not changed much. Jabbour commented that if the applicant is staying within the ordinance requirements and is eliminating the excess hardcover, then he felt it was a major improvement. Cook stated that the drainage plan will work and the water runoff will flow to the west with the drainage swale. Discussion ensued regarding the existing drainage on the site. Goetten inquired who would be supervising the final grading to ensure that it was done according to the plans and Gaffron responded that the City Engineer will be reviewing the final grading on the site to ensure that it's done correctly. is 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 23, 1994 • ( #8) #1919 TY BUCEY, 2677 CASCO POINT ROAD - VARIANCES /CONDITIONAL USE PERMIT - RESOLUTION NO. 3430 (CONTINUED) It was moved by Kelley, seconded by Jabbour, to adopt Resolution No. 3430 approving #1919 Variances /Conditional Use Permit for Ty Bucey at 2677 Casco Point Road. Ayes 5, nays 0. Mr. Mitchell, attorney representing Beverly and Louis Smerling, inquired whether the resolution required the applicants to install shutters on the south side of the house. Gaffron responded negatively, noting that was a private agreement between the Buceys and the Smerlings. ( * #9) #1920 PHILLIP OTTO, 4116 HIGHWOOD ROAD - VARIANCES - RESOLUTION NO. 3431 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3431 approving #1020 Variances for Phillip Otto at 4116 Highwood Road. Ayes 5, nays 0. ( * #10) #1925 PETER BOVEE, 840 OLD LONG LAKE ROAD - VARIANCE - RESOLUTION NO. 3432 is It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3432 approving #1925 Variance for Peter Bovee at 840 Old Long Lake Road. Ayes 5, nays 0. ( * #11) #1932 ORONO SCHOOL DISTRICT #278,685 OLD CRYSTAL BAY ROAD - CONDITIONAL USE PERMIT/VARIANCE - RESOLUTION NO. 3433 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3433 approving #1932 Conditional Use Permit/Variance for Orono School District #278 at 685 Old Crystal Bay Road. Ayes 5, nays 0. MAYOR/COUNCIL REPORT Mayor Callahan stated he had met with Park Commission Chair Dick Flint and they had discussed the state of the parks and the problems associated with extending the Old Crystal Bay Road bike trail south to join the Luce Line trail, including negotiations between the Hennepin Parks and Orono. He felt that the City Administrator should write a letter responding to the Hennepin Parks' proposal regarding sharing the costs of the trail.. Flint stated that he believed the best place to build the trail was on private property because they wouldn't have to construct curb and gutter. He felt it was best to keep it inside the drainage ditch. Moorse stated that staff has contacted the heirs to the Thompson property but have not received any response thus far. They have considered installing the trail on 40 the other side of the ditch, but it doesn't work very well in that location. Mayor Callahan MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 23, 1994 MAYOR/COUNCIL REPORT (CONTINUED) commented that if they cannot work out an agreement with the heirs to the Thompson property perhaps they should just construct the portion of the trail located on the Dickey property this year. Kelley commented that if they can build it on the Thompson property he would support it because the more trail they can construct without curb and gutter the better, as it's more in keeping with Orono's rural character. Jabbour stated he felt they should get a firm commitment and get back to Hennepin County on this as soon as possible. Mayor Callahan stated he felt staff should make every effort to get this done. Mayor Callahan stated that the Planning Commission had reviewed a sketch plan of the Lundgren Brothers proposal, and noted that three Commissioners felt they had conflicts with the proposal and left the discussion. He stated that it was a major subdivision proposal and he inquired if members of the Council would agree to sit on the Planning Commission to aid them in making this decision. Mayor Callahan appointed Councilmembers Kelley and Goetten to sit on the Planning Commission for this item, and designated Councilmember Jabbour as the alternate. He stated that the sketch plan had reduced the density from the originally proposed 52 units to 44 units which worked out to an approximate .89 acre density. Kelley stated that it appears that the School District intends to construct the elementary • school and he felt that the trail system would be a good thing to keep the kids from riding their bikes in the major roadways in the vicinity. Kelley inquired if there was a conflict of interest between John Uban representing Lundgren Brothers and his firm representing the City on the Park Plan. Discussion ensued regarding zoning classifications, determining cost factors, and transitional zoning mitigating some of these factors. Kelley stated that because of the wetland mitigation laws passed by the federal government the buildability of the land went down, and there is nothing the City can do about that. Mayor Callahan noted that there will be a Mayor's breakfast in the middle of June, and he stated he believed that this was a very good thing to continue doing on a regular basis. Jabbour stated he had been attending the LMCD meetings on a regular basis, and some sub - committee meetings as well. He stated that the LMCD has now included the milfoil costs as part of the regular budget. He believed it was the City's duty to send them the funds needed to address the milfoil issue, and suggested authorizing the finance director to pay the funds due from last year and the monies due for the first and second quarters of 1994. It was moved by Jabbour, seconded by Hurr, to authorize the Finance Director to send the funds due to the LMCD. Mayor Callahan stated that the LMCD has decided to control the parking spaces on the lake and limit the number of car /trailer parking spaces and he did not feel that they had the • 0 NIINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY 23, 1994 • authority to do this. Jabbour stated he felt it was bad public policy to defer access from the Cities to the State, and he felt that they should send a letter stating that the regional activity should be supported by regional funding. Ayes 4, nays 1. Kelley voted no. ENGINEER REPORT ( #12) OLD CRYSTAL BAY ROAD BRIDGE REPLACEMENT BIDS Cook reviewed the bids received and stated that Lunda was the low bidder. It was moved by Hurr, seconded by Jabbour, to adopt Resolution No. 3433 recommending that MnDOT award the bid for the replacement of the Old Crystal Bay Road Bridge to Lunda Construction Company in the low bid amount of $499,751.00. Ayes 5, nays 0. CITY ADMINISTRATOR'S REPORT ( #13) CITY OF WAYZATA PUBLIC WORKS FACILITY SITE - CONCURRENT DETACHMENT AND ANNEXATION - RESOLUTION NO. 3435 is Moorse reviewed the parcels of land which are proposed to be detached from Wayzata and annexed into Orono and the parcel that will be detached from Orono and annexed into Wayzata. Mayor Callahan asked about the signal that was discussed at the last meeting that the Orono Council was so opposed to. Moorse responded that the City of Wayzata has developed a plan which will allow for an alternative to the semaphore signal at the intersection. Dennis Eyler, Strgar, Roscoe, Fausch, stated that three years ago they had submitted a signal justification report to MnDOT, but it's not been acted upon. They have not submitted new traffic data. They considered their alternatives and prepared a plan which would offset the need for a signal. Kelley inquired if the proposed plan had been approved by MnDOT and Eyler responded that it will take two to three weeks to be approved. Kelley inquired if they had made any comments regarding the proposal and Eyler responded that similar plans have been used with success in several areas and it was probable that MnDOT would approve it. He reviewed the plans and the traffic flow patterns through the intersection. He discussed the lanes, medians, and sight distances. Discussion ensued regarding the roadway design. Mayor Callahan inquired if the City of Wayzata had any plans to connect Ferndale Road to Highway 12. Mayor Gisvold of Wayzata responded that they had no plans to upgrade Ferndale Road south of Wayzata Boulevard and they would not oppose an upgrade to • Ferndale north of Wayzata Boulevard if the Cities of Orono and Plymouth decided to VA MINUTES OF THE REGULAR ORONO CrrY COUNCIL MEETING - HELD ON MAY 23, 1994 ( #13) CITY OF WAYZATA PUBLIC WORKS FACILITY SITE - CONCURRENT • DETACHMENT AND ANNEXATION - RESOLUTION NO. 3435 (CONTINUED) reconstruct the road to MSA Standards.. Mayor Callahan stated he felt the Joint Site Development Agreement proposed was too restrictive, and suggested that they pass the resolution agreeing to the annexation and not adopt the joint development agreement. It was moved by Mayor Callahan, seconded by Jabbour, to adopt Resolution No. 3435 annexing three parcels of land from the City of Wayzata into the City of Orono and annexing one parcel of land into the City of Wayzata.. Ayes 5, nays 0. ( #14) PARK SURVEY Hurr commented that some excellent suggestions for changes to the survey had been made at the Park Commission meeting. She felt that the survey should proceed with those changes. It was moved by Goetten, seconded by Hurr, to approve the revised questionnaire as submitted. Ayes 5, nays 0. ( #15) 1993 INTERFUND TRANSFERS AND BUDGET AMENDMENTS is Moorse reviewed the staff report and explained the reasons for the transfers and how the reserve fund worked. It was moved by Mayor Callahan, seconded by Hurr, to approve the 1993 Interfund transfers and budget amendments as proposed in the 5/20/94 staff report. Ayes 5, nays 0. ( #16) KELLEY AVENUE DRAINAGE REPORT It was moved by Mayor Callahan, seconded by Goetten, to direct the City Engineer to update the 1976 report on the Kelley Avenue drainage problem and determine the most effective way of correcting the problem, and inform the Council of the costs. Ayes 5, nays 0. ( #17) POLICE LIEUTENANT 1994 CONTRACT SETTLEMENT It was moved by Hurr, seconded by Jabbour to approve the 1994 Police Lieutenant contract settlement of a 2.75% pay adjustment and a $20.00 per month increase in the City's insurance contribution to bring the contribution to $291.00 per month. Ayes 5, nays 0. • N. L J • MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MAY Z3,1994 ( #18) JIM GREGORY LUMP SUM PAYMENT It was moved by Hurr, seconded by Jabbour, to approve a lump sum payment to Jim Gregory in the amount of the 1994 pay adjustment provided to the Public Works staff (2.75% of base pay). Ayes 5, nays 0. CITY ATTORNEY'S REPORT There was no City Attorney's report. ( #19) LICENSES Hurr commented that she pulled this item to ensure that the sign posted by Russell Norum had been covered, and she felt that limited signage should be a requirement for all licenses for home occupations. It was moved by Hurr, seconded by Jabbour, to approve the following licenses: Annual Home Occupation License Garbage & Refuse Collector's License Site Evaluator/Designer: Septic System Installer: 0 Ayes 5, nays 0. Z Russell A Norum 3264 North Shore Drive Cleanway Sanitation, Inc. Long Lake, MN East Tonka Sanitation Long Lake, MN R & W Sanitation, Inc. & R & W Roll -Off Service Carver, MN Westonka Sanitation Mound, MN Development Engineering, P.A. 9051 Flying Cloud Drive AAA Pollution Control, Inc. St. Paul, MN Dick's Excavating Stanchfield, MN y MINUTES OF THE REGULAR ORONO CTTY COUNCIL MEETING HELD ON MAY 23, 1994 ( * #20) BILLS It was moved by Jabbour, seconded by Goetten, to approve payment of the All Funds Account. Ayes 5, nays 0. ADJOURNMENT The council adjourned to Executive Session at 10:10 p.m. ATTEST: Gabriel Jabbour, Acting Mayor 10 • • •