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HomeMy WebLinkAbout03-27-2000 Council Minutes' r ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27, 2000 0 ROLL The Council met on the above- mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson, and Bob Sansevere. Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Assistant Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Council Member Richard Flint was absent. Mayor Jabbour called the meeting to order at 7:00 p.m. 1. 7:00 p.m. — Public Hearing — Navarre Park Improvements Grant — Resolution No. 4432 Greg Gappa stated that the grant application required a public hearing. He explained that the Park Commission has been developing plans for upgrading Navarre Park. The planning process has included substantial input from neighborhood residents. No improvements have been made to this park for many years. Many homes in the surrounding area are located on small lots without room for recreational opportunities on their property. The proposed project includes new playground equipment, trails, landscaping improvements, lighting, handicapped accessible parking, picnic tables and benches, tree planting, and installation of water service for a drinking fountain and yard hydrants. Gappa stated that the project is unchanged from previous plans except for the addition of screening trees along the park's boundaries. Mayor Jabbour questioned the cost of the park improvements. Gappa stated that the grant application is for $160,000: $80,000 from the City and $80,000 from the DNR grant. Kelley questioned the City's financial commitment if the grant is not received. Gappa explained the proposal is for a total project of $160,000. If the grant is not approved, only an $80,000 project will be constructed. Mayor Jabbour asked if there were any public comments regarding the Navarre Park improvements. There were none. Mayor Jabbour closed the public hearing at 7:03 p.m. Sansevere moved, and Kelley seconded, to adopt Resolution No. 4432 approving the Local Government Resolution for Navarre Park Improvement. 0 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27, 2000 I� lJ Navarre Park Improvements Grant — Resolution No. 4432— Continued Vote: Ayes 4, Nays 0. CONSENT AGENDA 2. Approve /Amend Items 5, 7, 9, 10, and 11 were added to the Consent Agenda. Kelley moved, and Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *3. Regular Council Meeting Minutes of March 13, 2000 Kelley moved, and Peterson seconded, to approve the Minutes of the Regular Council Meeting of March 13, 2000. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — ANDREW MCDERMOTT, REPRESENTATIVE The Park Commission will have a work session in April regarding the comprehensive plan. They also plan to review the development of Navarre Park. They are a little disappointed with the trail proposed to connect Olive to County Road 19 as part of the redevelopment proposal for the church property in Navarre, so that will also be discussed. LAKE MINNETONKA CONSERVATION DISTRICT —LILI MCMILLAN, REPRESENTATIVE Ms. McMillan stated that the ice went out on March 18, 2000 which is the second earliest date on record. They will have a long boating season. It will be interesting to see what happens to milfoil this year. They have a new harvester and hope to stay on top of the milfoil problem. The Big Island Task Force has settled the safety lanes. The board is going with two lanes E 0 is ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27, 2000 Lake Minnetonka Conservation District —Lili McMillan, Representative --- Continued that are perpendicular to the shore. They will be 30 -40 feet wide providing access for the sheriff and boaters. The lanes dead -end so there shouldn't be any through traffic. Hennepin County will place the buoys. Kelley asked who could use the lanes. McMillan stated anyone could. It is basically a no -anchor zone. McMillan stated she does not know the exact number of buoys being used, but that the DNR is paying for them. Mayor Jabbour stated that the public hearing on the issue was excellent with well- educated attendees. It was unanimously agreed that the Water Patrol is not a strong presence on the lake due to a shortage of funding. The Hennepin County Board will not approve any extra funding for the Water Patrol. He stated that public safety on Lake Minnetonka is generally under- acknowledged. He also stated that the only way they will see more Water Patrol is if the City provides funding to the sheriff. Sansevere stated the City is fortunate most people do not realize how little public safety presence is on the water. If they were aware, there would be more law- breakers because they would believe they could get away with it. McMillan stated that if money were given to the sheriff to increase water patrol on the lake, she would be concerned that the money be allocated to the Water Patrol and not lost in the sheriff's general budget. • Mayor Jabbour stated that he spoke with John Barton from Hennepin Park who has been monitoring the lake. Stubbs Bay has been in steady decline for the last five years and is leaching into Maxwell Bay. He would like Barton to make a presentation to the Council. McMillan stated she has spoken to Barton regarding watershed funds. Perhaps the watershed could focus on the lake itself and not just around it. Mayor Jabbour stated they could invite a watershed representative to the same meeting as Barton. PLANNING COMMISSION COMMENTS —JAN BERG, REPRESENTATIVE None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT 4. #2540 Bradley Hoyt, 2523 Kelly Avenue – After - the -Fact Conditional Use Permit ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27, 2000 4. #2540 Bradley Hoyt, 2523 Kelly Avenue — After -the -Fact Conditional Use Permit — Continued Mr. Hoyt was represented by his attorneys Mr. William Skolnick and Mr. Rick Sheridan. Weinberger stated that additional information regarding the after -the -fact variances was delivered by Skolnick on March 24, 2000. The items were requested by the City of Orono to complete the land use application and are in addition to the City Council reports delivered the previous week. The application has been before the Planning Commission on 2 separate occasions in the format of a public hearing. At this time the applicant is requesting after -the -fact conditional use permit and variances for landscaping work that occurred on the property in 1998. The items staff received on Friday were: a hardship statement, engineer's report, a letter, affidavits, and depositions on the case. At this point the application regards a stone retaining wall that is 3 -4 feet tall, is hardcover within 75 feet of the lakeshore, and requires a conditional use permit. The Council may choose to: 1) Approve the conditional use permit and variances after -the -fact that would permit the retaining wall to remain as it exists. 2) Approve the conditional use permit and variances after - the -fact subject to the conditions that a natural screen be installed on the property to adequately screen the boulder retaining wall. The City of Orono has a policy and the Comprehensive Plan states retaining walls shall be screened with natural vegetation. This would require shrubs or bushes spaced out to screen the wall from the lake. Also, the screening should be subject to annual inspections until such time the growth is determined to be healthy and stable.. 3) Remove the wall and place some other form of erosion control on the property. The City Engineer does not consider this a viable option because new vegetation would not stabilize the bank, and erosion would cause silt issues. 4) Refer the application back to the Planning Committee based on the new submittals. 5) Deny the application. Mayor Jabbour asked if the City Engineer inspected the site. Kellogg stated he has inspected the site, and he does not recommend removing the wall. Skolnick stated there have been new developments. A purchase agreement has been submitted on the property and the new buyer likes the boulder wall. The buyer will not buy the house if he has to remove the retaining wall. Skolnick stated part of the lawsuit involved damages interfering with the sale of the property. Barrett stated this is not the proper forum for discussing the lawsuit. Mayor Jabbour remarked that the Council will review the application fairly and independently of the lawsuit. • • ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27, 2000 4. #2540 Bradley Hoyt, 2523 Kelly Avenue — After -the -Fact Conditional Use Permit — Continued Skolnick stated regarding the wall, they have had LJM Group Professional Engineers review the wall and they concur with Kellogg that the wall should not be removed and that it is the optimal solution. He stated that staff reported there is nothing wrong with the wall except that a permit was not obtained before the wall was constructed. He found by searching City records that this situation arose before in 1997 with a Mr. Vochco where the Council did not impose the condition that the applicant plant screening. Mayor Jabbour asked if his client would object to planting screening. Skolnick stated it was more relevant what the new buyer wanted than what Mr. Hoyt wanted. He stated he is pleased that the City has found the boulder wall is the best solution. Mayor Jabbour stated that Skolnick and his client, Mr. Hoyt, have assumed that the Council is in opposition to them. All the Council has asked is that the applicant inform them of what happened so that they can determine whether the best solution was reached. He stated that the 60 -day deadline expires in 2 days, they have held 2 public hearings on the issue, and he felt they should act on the matter at the present meeting. James Dattalo, a realtor representing the new buyer, stated that his client likes the • retaining wall as it is. He is concerned that the Council decide all issues now, so that there are no outstanding issues that could affect him later if he buys the house. Mayor Jabbour stated that all Council resolutions are binding until a future Council reverses them. The City files its resolutions on the deed. The issue of screening is important to the City so that as people travel along the shore they are not faced with a sea wall. Dattalo stated his client is leaving the country at the end of April and would like to close on the house and move in before then. Mayor Jabbour asked if his client would be opposed to shrubbery. Dattalo stated he did not know and could only inform his client of the Council's decision. The Council discussed the size of the wall and the amount of screening that would be appropriate. Skolnick stated the wall is 3 feet tall. Weinberger stated the wall is 60 -70 feet long. He also stated that they would like the shrubs to be the same height as the wall. Mayor Jabbour suggested shrubbery that is 2 feet tall at the time of planting spaced 6 feet apart along the wall. The applicant would have the option of keeping the shrubbery trimmed so it is never taller than the wall. Kelley asked what the percent of hardcover is in the 0 -75 zone on the property. Weinberger stated it is 433 s.f. or approximately 2 %. Barrett requested that staff respond to the applicant's statement regarding Mr. Vochco's application and see if it posed the same issues as Mr. Hoyt's. Weinberger stated he 0 5 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27, 2000 • 4. #2540 Bradley Hoyt, 2523 Kelly Avenue — After- the -Fact Conditional Use Permit — Continued believed it dealt with boulder outcroppings spaced sporadically on the property and that there was a vegetation requirement. Kelley moved, and Peterson seconded, to approve the after - the -fact variance for construction of a boulder wall within 75 feet of the lake, no additional hardcover shall be permitted within 75 feet of the lakeshore, and with vegetation planted every 6 feet along the wall that is no less than 2 feet tall, and the vegetation is to be maintained year to year, with the applicant having the right to keep it trimmed even with the top of the wall. Vote: Ayes 4, Nays 0. *5. #2562 Cornerstone New Testament Church, 850 Wayzata Boulevard — Conditional Use Permit and Variance — Resolution No. 4433 Kelley moved, and Peterson seconded, to adopt Resolution No. 4433 approving the conditional use permit for a church in a residential zoning district and a variance to permit a 32 s.f. identification sign where 12 s.f. is allowed. Vote: Ayes 4, Nays 0. Mayor Jabbour deferred the Mayor /Council Report, Engineer Report, and City Administrator's Report so that the Council could address item 12a. Items 6, 7, 8, 9, 10, 11, and 12 appear after item 12a. 12a. Kevin Garnett Application for Kennel License at 450 Orono Orchard Road South Kevin Garnett and his dog trainer Fred Manson were in attendance. Moorse stated that this item concerns a kennel license for the keeping of 9 dogs on the property. Staff is concerned with the large number of dogs and that the property owner ensure the dogs are secured on the property. Manson stated that the dogs are kept as pets, are spayed and neutered, and well trained. They planned to install a 6 -foot fence all around the property, but were limited to the 3 -% foot fence along Dickenson Street because of City ordinances. Mayor Jabbour stated that the City requires anyone with more than 2 dogs to get a kennel 0 2 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27, 2000 12a. Kevin Garnett Application for Kennel License at 450 Orono Orchard Road South— Continued license so that they can make sure the dogs are kept appropriately and are not a public nuisance. Manson stated they have felt harassed over the dogs since moving in and that the dogs are never out of the kennel without supervision. He also stated that the police community service officer commented that their kennel is state of the art. Mayor Jabbour stated that the police community service officer checks on every kennel. Steven Webster of 500 Orono Orchard Road stated he feels that 9 dogs are excessive "and there is a historical concern with the breeds and vicious behavior. He felt that the dogs do not have sufficient human contact to be trustful. There is a growing concern among the neighbors over the dogs and Webster brought a petition signed by the neighbors expressing their concern. He is afraid that should the dogs get out of hand, no one person would be able to control 9 dogs. Manson stated that is only one opinion and assured the Council that the dogs would never be out of his control. He also stated that barking should not be a concern because the dogs are kept in the kennel when they aren't being exercised. Mayor Jabbour asked if the dogs are littermates. Manson answered yes. Mayor Jabbour • expressed concern that the dogs would behave in a more primal, instinctual manner because of their being littermates. Manson assured the Council the dogs' training would supersede any negative instinctual behavior. 0 Kevin Garnett stated that he has friends and family who visit the dogs and the dogs are therefore adequately socialized with people other than himself and his trainer. Kelley asked if he could control them. Garnett responded yes, and stated the dogs have not been bred as fighter dogs. Sansevere asked if the barn was built for the dogs. Manson stated it was built for horses, but Garnett has remodeled it as a kennel suitable for the dogs. He also stated that all 9 dogs are let out together. Peterson asked Garnett if he is concerned with liability. Garnett stated he is very concerned with safety and has a 14 -year -old and a 10- year -old relative who visit with the dogs regularly. Manson stated he has noticed other dogs running loose in the neighborhood. Mayor Jabbour asked how many more dogs Garnett plans to keep. Garnett stated they will not add any more dogs to the kennel because the licensing process has been a large 7 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27, 2000 12a. Kevin Garnett Application for Kennel License at 450 Orono Orchard Road • South— Continued hassle. Manson stated that because of the neighborhood concern, the dogs will not be allowed out of his sight. Kelley stated he is very familiar with the veterinarian, Robert Gehrman, DVNI of Gehrman Animal Hospital, and the kennel where the dogs were trained, Armstrong Ranch Kennels. He stated that unless they hear differently from the police chief, he was in favor of the application. Mayor Jabbour asked if there were any other comments from neighbors. Shane O'Neill of 549 Russell Avenue stated that he always sees the dogs out with someone watching them. He has small children and does not find the dogs to be a large concern. Michelle Cainlan of 537 Hanlon Avenue stated she has never heard the dogs bark and feels they are very well behaved. Her concern is that the neighborhood is full of young children and the fence is not high enough to keep the dogs confined if something should happen. Sansevere asked if Garnett would be agreeable to having a secure fence closer to the barn. 40 Manson stated they had wanted a 6 -foot fence but were told it would not meet City ordinances. Peterson asked if anyone had explained the variance process to Garnett or Manson. Manson stated they wanted a variance but it was taking too long and they wanted the fence finished. Mayor Jabbour stated he is not certain they could demonstrate hardship required for the variance because the property is so large. Mayor Jabbour stated that the Council wants Garnett to enjoy his property to the fullest and feel welcome in Orono. The Council also wants the neighbors to feel secure because even under the best circumstances something can go wrong. Peterson stated that the gate appears inadequate and asked if something could be done to fix it. Manson assured her they would do something. Shelley McKelvin of 599 Russel stated her children pass the property every day on the way to and from school. They have not had any problems. But she wondered what would happen if the kids approached the fence and tried to call the dogs over to them. Manson stated he would not let the dogs approach the fence. Mayor Jabbour asked for an assurance that the dogs would be secured. Garnett stated he 0 8 n LJ ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27, 2000 12a. Kevin Garnett Application for Kennel License at 450 Orono Orchard Road South — Continued wants everyone to feel safe and will definitely make some changes. He wants to be accepted and does not want special treatment. Garnett asked if he could change the 3- foot fence to a 6 -foot fence. Mayor Jabbour stated that would require a variance permit, which would take 2 -3 months. Peterson stated that the 6 -foot fence would not be necessary, but Garnett might choose to do it for liability reasons. Manson mentioned landscaping with tall shrubs along the fence. Mayor Jabbour stated they can plant shrubs as tall as they want. Kelley moved, and Peterson seconded, to approve the Kevin Garnett kennel license at 450 Orono Orchard Road South as it stands. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Moorse, Kelley, and Peterson met with the City Administrators from Medina and Long Lake, representatives of the Long Lake Volunteer Fire Department, and a Long Lake council member to discuss the preliminary design of the fire station. The fire fighters is have come up with a list of items needed by the fire department. They will meet again in one month. Kelley stated that in budgeting for next year, it is very likely they will have to bond for this. He spoke with Jim Gulbranson and they feel they should get the 3 Administrators together and come up with a way to allocate expenses above what Mn/DoT will reimburse. Sansevere asked how Mn/DoT decides what to reimburse. Peterson stated that Mn/DoT reimbursed Eden Prairie for the appraised value of the building that was being moved, but Eden Prairie already owned the land involved. i Mayor Jabbour stated the Highway 12 Design Review Committee is working hard for the City and receiving very little recognition. He asked how the Council could recognize them. Kelley suggested a recognition dinner this summer for all volunteers. Mayor Jabbour stated that he and Mr. Erickson have had many discussions, but have not made any progress. He spoke to Mn/DoT and asked how important it is to remove Erickson's objections. Mn/DoT doesn't want to deal with it until the legislature is back in session. Mr. Erickson and his attorneys have filed a letter asking for an environmental impact statement, which would delay the project for many years. Many of his concerns seem irrelevant, such as the historical significance of the Luce Line Bridge. Mayor Jabbour asked why the City is being held hostage by a man who is not really affected by the highway. In his last letter Mr. Erickson mentioned two other merchants who when approached, stated they had nothing to do with the letter. 9 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27, 2000 Mayor /Council Report — Continued Mayor Jabbour stated the school board is happy about the City's offer to buy school property for municipal use. ENGINEER REPORT Kellogg reported that road restrictions come off on April 3, 2000. The roads are in good shape with very little break -up this year. CITY ADMINISTRATOR'S REPORT 6. Appoint Parks, Open Space and Trails Commission Members Peterson stated she liked candidate Halvorson. Sansevere stated he liked candidate Morgan's ideas on fund raising and candidate Bouchard's resume. Peterson moved, and Kelley seconded, to appoint Debra Halvorson to a three year term on the Parks, Open Space and Trails Commission expiring December 31, 2002. Vote: Ayes 4, Nays 0. • Sansevere moved, and Kelley seconded, to appoint Pauline Bouchard to a three year term on the Parks, Open Space and Trails Commission expiring December 31, 2002. Vote: Ayes 4, Nays 0. *7. Seasonal Golf Course Employees Kelley moved, and Peterson seconded, to approve a seasonal employee pay range of $6.80 to $7.65 per hour for the 2000 season. Vote: Ayes 4, Nays 0. Kelley moved, and Peterson seconded, to approve hiring the employees listed at the proposed wage rates and under the applicable provisions of the PERA rules. Vote: Ayes 4, Nays 0. 8. Endowment Fund — Ordinance No. 196, 2 "d Series Moorse stated the proposed ordinance would set up an endowment fund. Funds currently in the Building Outlay Fund would be transferred to the endowment fund to provide long term management of the funds. Currently, about 90% ($130,000) of the interest earned on the • A y I ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27, 2000 • 8. Endowment Fund — Ordinance No. 196,2 "d Serie— Continued Building Outlay Fund is used toward payment of the debt service on the City facilities bonds. The Council has discussed using the funds for one -time large expenditures. Moorse stated that if the interest earnings available for the debt service were significantly reduced, the City would have a difficult time finding an alternative source of funding for the debt service. Peterson moved, and Sansevere seconded, to adopt Ordinance No. 196, 2 "d Series as presented creating the Community Investment Fund. Vote: Ayes 4, Nays 0. *9. Receipt of the Certificate of Achievement for Excellence in Financial Reporting for the 1998 Financial Report (Information Only). *10. Police Department Conversion to LOGIS Police Records System -1999 Police Budget Amendment Kelley moved, and Peterson seconded, to approve the installation of the LOGIS police records system at a cost of $4,220; to be funded from the 1999 Police Department Capital Outlay, with a budget amendment of $4,220; and that the 2000 Police is Department Capital Outlay Budget be decreased by $4,220. Vote: Ayes 4, Nays 0. 40 *11. Resolution in Support of a Planning Grant from the Metropolitan Council — Resolution No. 4434 Kelley moved, and Peterson seconded, to adopt Resolution No. 4434 in support of a planning grant from the Metropolitan Council to offset the costs of the Long Lake /Orono Consolidation Study. Vote: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT There was no City Attorney's Report. *12 LICENSES Kelley moved, and Peterson seconded, to approve the following licenses. Vote: Ayes 4, Nays 0. 11 ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 27, 2000 • *12 LICENSES— Continued SPECIAL EVENT PERMIT 1. Applicant: Gear West Event: Run Bike Run Duathon Location: Starting at Orono Middle School Date: May 21, 2000 Time: 8:30 a.m. —10:30 a.m. RESIDENTIAL KENNEL LICENSE 1. David and LuAnn Runkle 2684 Casco Point Road *13. BILLS Kelley moved, and Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. • ADJOURNMENT Mayor Jabbour moved, and Peterson seconded, to adjourn at 9:25 p.m. ATTEST: Linda S. Vee, City Clerk Gabri Jabbour, Mayor 10 12