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HomeMy WebLinkAbout06-26-2000 Council Minutes• ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 26, 2000 • ROLL CALL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Richard Flint, Barbara Peterson, Charles Kelley and Bob Sansevere. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Zoning Administrator Paul Weinberger, Assistant'Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:02 p.m. CONSENT AGENDA ( #1) APPROVE /AMEND Items 5, 6, 7, 8, 9, 10, and 11 were added to the consent agenda. Flint moved, Kelley seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *(Y2) Special Joint Meeting of the Long Lake and Orono City Councils of June 5, 2000 Flint moved, Kelley seconded, to approve the minutes of the Special Joint Meeting of the Long Lake and Orono City Council of June 5, 2000, as submitted. VOTE: Ayes 5, Nays 0. *( #3) Regular Council Meeting of June 12, 2000 Flint moved, Kelley seconded, to approve the minutes of the Regular City Council Meeting of.June 12, 2000, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTC - Andrew McDermott, Representative McDermott stated he has nothing to report, noting the Parks Commission did not meet last month. Gappa noted the Park Tour has been rescheduled to Tuesday, September 5, 2000. LAKE MINNETONKA CONSERVATION DISTRICT - LILI MCMILLAN, REPRESENTATIVE McMillan stated the LMCD has prepared a draft of its 2001 budget and levy. is McMillan stated Mayor Jabbour will be speaking at the LMCD's Wednesday meeting regarding the Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 26, 2000 (LMCD, Continued) possibility of adding additional deputies to the water patrol to help strengthen the enforcement on the lakes. Mayor Jabbour noted the Minnesota Supreme Court has heard the LMCD's appeal on the deputy issue approximately three weeks ago, with no ruling having been made at this time. Sansevere noted he is in favor of the additional deputies, but was concerned that the added deputies would be utilized elsewhere other than Lake Minnetonka. Mayor Jabbour stated the cities need to do a better job of educating the users of the lake on boat safety and proper care of the lake, but that in his opinion the additional deputies will be utilized on Lake Minnetonka. McMillan stated an organization called Control the Boats has expressed concerns regarding the use and number of charter boats on Lake Minnetonka, noting the charter boats are apparently violating some of the LMCD's ordinances regarding the distance needed to be maintained from the shoreline. McMillan stated the LMCD holds an annual meeting the owners of the charter boats are required to attend, prior to a license being issued to the charter boat operation, where the rules and procedures are explained to the owners. McMillan commented in her view this is a great start on improving the charter boat operations in the area, but still comes down to an enforcement issue. McMillan stated hopefully the Control the Boats organization will become actively involved in the efforts to get additional deputies on the lake. wr `. u McMillan stated in her opinion 90 percent of the charter boat operations do provide a good service • for the lake, with a small element creating some problems. McMillan stated the Control the Boats organization located in Deephaven would like to see the charter boats limited to the upper and lower lakes. McMillan stated the LMCD will need to stay on top of this issue and perhaps review whether restrictions are appropriate on where the charter boats may go. Mayor Jabbour stated the residents in Wayzata Bay have been actively pursuing with the LMCD restrictions to keep charter boats out of that area. Jabbour stated if charter boats are limited to certain areas, it will put an additional burden on other cities, which needs to be considered. Jabbour stated another problem the Orono Police encounter is whenever they arrest someone on a DWI, that police officer is tied up for three to four hours with that person and is not able to be out patrolling the streets. McMillan stated the deputies experience the same problem on the lake. Mayor Jabbour inquired what surplus the LMCD had left over from last year's budget McMillan stated approximately $30,000 has been allocated to Save the Lake, with approximately $20,000 having been spent last year. McMillan noted there was a $20,000 balance left over from last year. Mayor Jabbour suggested that perhaps some of the leftover balance be allocated towards additional enforcement. Kelley inquired whether the LMCD has ever considered allocating the fees based on the number of miles of lakeshore in each city. U Page 2 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 26, 2000 • (LMCD, Continued) Mayor Jabbour stated the fees are calculated on the tax base of the city. Jabbour stated no individual city shall be required to pay more than 20 percent of the LMCD's budget. Kelley noted the LMCD's budget has been increased by 15 percent for the upcoming year. Mayor Jabbour stated the LMCD typically increases its budget by the maximum allowed under its levy authority. PLANNING COMMISSION COMMENTS - Liz Hawn, Representative Hawn was unable to attend tonight's meeting due to a family emergency. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT ( #4) #2555 HENNEPIN COUNTY, 3380 SHORELINE DRIVE - VARIANCES - RESOLUTION NO. 4485 • Guy Nowlan, Greg Chock, and Jim Grube appeared on behalf of Hennepin County. Weinberger stated Hennepin County is proposing to construct a 60' by 40' indoor storage facility for salt and sand operations at their facility located at 3880 Shoreline Drive in Navarre. The current building was originally constructed in 1962, with the property being zoned for commercial uses at that time. The City has since rezoned the property in the 1970s for residential use, with the County continuing to use the facility for winter highway maintenance as a non - conforming use since that time. The Planning Commission, at the time it reviewed this application requested, the County look at other alternate sites for this facility outside of the Navarre area. The County did give some consideration to this option, with the County making the determination that no other sites are available to enable them to serve the area effectively. Hennepin County has indicated the proposed building would actually be less intense than the use that currently exists because the number of sand /salt deliveries will be reduced by 60 trips annually and the sand /salt mixture will be relocated indoors. The new facility would also eliminate the need for nighttime deliveries. The Planning Commission reviewed this application previously, recommending denial of the previous application, finding that the proposed expanded use was more intense than what the property is currently used for and would be inconsistent with the Comprehensive Plan. Since that time, the County has reviewed other locations as well as this site and has submitted a revised plan which is more in keeping with the intent of the Comprehensive Plan. Weinberger stated the revised plan would not require a zoning amendment but would permit a variance to the non - conforming section of the ordinance which would allow an expansion of the site without requiring the zoning code • amendment. Page 3 a- ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 26, 2000 ( #2555 Hennepin County, Continued) • Weinberger stated a variance to permit hardcover alteration within the 500 -1000' setback from the OHWL of Lake Minnetonka is required even though the amount of hardcover being proposed is being reduced from what currently exists. Weinberger noted the proposed hardcover would still be over the 35 percent maximum allowed in that area, with a reduction of almost 10,000 square feet of hardcover with the new facility. Weinberger stated a second variance is required to permit the sand /salt storage facility to exceed the maximum allowed size for an oversized accessory structure on this lot, which consists of 6.65 acres. A variance to the provision of the Zoning Code prohibiting expansion of the non - conforming use is required as well as a conditional use permit for the grading on the property and construction of the stormwater management pond. Weinberger stated the wetland alteration will occur within a non -City protected wetland, but is protected by the WCA and will require a MCWD permit. Weinberger stated the property would remain as a non - conforming use with the variance, with the property still being guided for residential use in the City's Comprehensive Plan. The height of the building has been reduced from 42' to 20' in height and should not have much of a visual impact on the surrounding neighborhood. City Staff is recommending approval of the application since the revised plan proposes a less intense use than what currently exists by reducing the amount of traffic to the facility, providing better stormwater management, and elimination of a significant amount of hardcover. Weinberger noted the concerns of the Planning Commission have been addressed in the revised plan. Jim Grube, Hennepin County Transportation Department, stated they would like to construct a • sand /salt storage facility on this site, noting they have taken the Planning Commission's concerns into consideration when revising their plans. Grube stated the new building will be constructed out of precast concrete, with the color of the concrete being similar to the brick on the existing structure. Grube stated they have utilized this site since 1962, when the original structure was constructed, and have attempted to be a good neighbor since that time. Grube pointed out the amount of activity at this site is limited in the summer months, with increased activity occuring during the winter months when most people tend to be indoors. Grube stated the proposed building and grading and drainage plan are a vast improvement over what currently exists, with the County taking steps to become better environmental stewards. Grube indicated the amount of hardcover being proposed with this new facility should be 141,997, or 59 percent, rather than the 138,188 square feet reflected in the Planner's Report. Mayor Jabbour thanked the County for taking the concerns of the City into consideration when revising their plans. Jabbour stated in his opinion the non - conforming use of this site is not being expanded with this proposal but is rather a continuation of what the County is currently doing while at the same time becoming more environmentally conscious. Flint indicated he has a number of questions regarding the use of this facility. Flint inquired out of what other facility Hennepin County services the City of Orono. Grube stated the City of Orono is serviced entirely out of the Orono facility located on County Road 15. Flint pointed out County Road 6 is not included on Hennepin County's list as being serviced from the • Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 26, 2000 • ( #2555 Hennepin County, Continued) Orono facility. Grube stated County Road 6 is serviced out of the Medina facility. Flint inquired whether the Medina facility could service the entire Orono area. Grube indicated the reason the City of Orono is not serviced entirely out of the Medina facility is due to the balancing of the snowplow driver's route, with the Orono facility being designed to accommodate six vehicles to service the area south of Highway 12 west of Wayzata. Grube stated Hennepin County would need to add two extra vehicles to the Orono facility if they wanted to include the area north of Highway 12, which is not possible due to a lack of available floor space at the Orono facility. Grube stated they need to store their equipment indoors because of the diesel engines to insure they will start in the wintertime. Mayor Jabbour inquired why Hennepin County does not eliminate the Orono facility and service the City of Orono out of the Medina facility. Grube stated they need to balance the driver's routes as well as a lack of available space at the Medina facility to accommodate the additional equipment needed to service Orono. Grube indicated they are unable to extend the driver's routes in the event a large snowfall occurs, which will lengthen that driver's route time. Mayor Jabbour commented if the Medina facility serviced Orono, it would add one -half hour to each • driver's time just to reach their assigned route. Kelley inquired whether it was possible to mix the sand and salt prior to it reaching the Orono facility. • Chock indicated the sand is delivered from one location, with the salt being delivered from another location, with the actual mixing occuring at the Orono facility. Grube commented Hennepin County also needs to apply different mixtures of sand /salt depending on the type of snowfall the area experiences. Kelley inquired whether there were underground fuel tanks located on this site. Grube stated they do have two underground fuel tanks which are electronically monitored. Kelley inquired whether Hennepin County has had their ground water tested recently, noting the City of Orono has experienced problems with underground fuel tanks leaking in the past even though they were being monitored. Grube stated they are in compliance with the PCA's regulations regarding underground fuel tanks, noting they have not had the underground water tested. Grube stated he is unsure when the tanks were originally installed. Kelley indicated another possible concern with this property is the possible abandonment of the railroad located at the rear of this property, which may be turned into a pedestrian trail, and increase the amount of exposure that this facility receives. Kelley suggested some additional landscaping be planted along the back fence to help screen the building if the trail goes through. Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 26, 2000 ( #2555 Hennepin County, Continued) Peterson indicated that issue was discussed in a meeting with Hennepin County, with the Hennepin County representative agreeing that additional landscaping will be provided in the event the trail is constructed in that area. Peterson noted the resolution does not include that provision. Grube stated he will accept that an agreement was reached on the landscaping. Chock stated they have looked into landscaping in that area, with trees possibly being planted between the fence and the new facility. Kelley inquired what lighting will be utilized with the new facility. Chock stated they are looking at adding lighting on the south side of the building where the individual bays are located, with the lighting being recessed downward. Chock stated the lights could be turned on manually when needed rather than left on 24 hours a day. Flint inquired where the salt and sand goes after being applied to the roads. Grube stated the sand washes off the road and ends up in catch basins or ponds in the area. The salt itself essentially dissolves in the water and is carried away. Flint commented that salt in the lake currently is not a problem. Flint noted he does not see an amendment to the zoning ordinance in their packet, and inquired • why City Staff is sure that the amendment will allow only this use and not permit other similar uses in that district. Mayor Jabbour stated the City is not looking to extend the use of this property. Moorse stated the City is not talking about amending the zoning ordinance with this revised application. Moorse stated the City Council needs to make a determination that this proposed use is not an expansion of a non - conforming use or grant a variance to allow the non - conforming use to be expanded. Mayor Jabbour stated he would be very hesitant to expand a non - conforming use. Jabbour stated in his opinion this is a continuation of what Hennepin County currently is doing. Flint stated he was in agreement with the Mayor's statement, and that this is still a legal non - conforming use. Flint stated if Hennepin County decided to add more vehicles at this site, that in his opinion would be an expansion of a non - conforming use. Mayor Jabbour stated the City Council does not want their action tonight to be perceived in the future as being arbitrary and biased. Jabbour stated in his view this facility acts as an extension of Orono's Public Works Facility. Jabbour stated the resolution could be amended to reflect that this is not considered to be an expansion of a non - conforming use. Tom Barrett, City Attorney, recommended the language contained in City Staffs report stating that the proposed building would actually be less intense than the use that exists because of the number of salt /sand deliveries will be reduced by 60 trips annually, et cetera, be incorporated into the resolution. Barrett further recommended that paragraphs 4, 5, and 12 in the proposed findings be deleted from the resolution. • Page 6 • ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 26, 2000 ( #2555 Hennepin County, Continued) Moorse stated City Staff will revise the resolution as recommended. Jabbour moved, Peterson seconded, to approve Application #2555, Hennepin County, 3380 Shoreline Drive, and adopt RESOLUTION NO. 4485, a Resolution Granting Variances to Permit Construction of an Indoor Storage Facility for Sand and Salt Operations, with the resolution being amended to include the language recommended by the City Attorney, and with the deletion of paragraphs 4, 5, and 12, based upon the finding that the proposed use does not constitute an expansion of the non - conforming use. VOTE: Ayes 5, Nays 0. *( #5) #2557 DANIEL AND JUDITH McATHIE, 1449 BAY RIDGE ROAD - VARIANCE - RESOLUTION NO. 4486 Flint moved, Kelley seconded, to approve and adopt RESOLUTION NO. 4486, a Resolution Approving an Amendment to Variances to Permit Construction of a Second Story Addition and Garage Addition to the Existing Residence Located at 1449 Bay Ridge Road. VOTE: Ayes 5, Nays 0. *( #6) #2564 WILLIAM DAMPIER, 3550 IVY PLACE - VARIANCES - RESOLUTION NO. 4487 Flint moved, Kelley seconded, to approve and adopt RESOLUTION NO. 4487, a Resolution is Granting Variances to Side Yard Setback and Hardcover to Permit the Construction of a Room Addition Plus Expansion of the Existing Second Story Located at 3550 Ivy Place. VOTE: Ayes 5, Nays 0. "( #7) #2584 ANDREW AND TRACY RASCHER, 4705 NORTH SHORE DRIVE - CONDITIONAL USE PERMIT AND VARIANCES - RESOLUTION NO. 4488 Flint moved, Kelley seconded, to approve and adopt RESOLUTION NO. 4488, a Resolution Granting Variances and a Conditional Use Permit to Allow the Construction of Retaining Walls for the Residence Located at 4705 North Shore Drive. VOTE: Ayes 5, Nays 0. "( #8) #2590 DENNIS AND BECKY STANTON, 3325 CRYSTAL BAY ROAD - VARIANCES - RESOLUTION NO. 4489 Flint moved, Kelley seconded, to approve and adopt RESOLUTION NO. 4489, a Resolution Granting Variances to Permit Removal of an Existing Deck on the Rear of the Residence and Construction of a New Deck at the Property Located at 3325 Crystal Bay Road. VOTE: Ayes 5, Nays 0. MAYOR /COUNCIL REPORT Mayor Jabbour stated an article will be appearing in the Sun Sailor regarding the Dakota Line, which • contains some inaccurate information. Jabbour stated in order to respond to the article, he will be Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 26, 2000 • (Mayor /Council Report, Continued) interviewed by the Sun Sailor on Wednesday. Mayor Jabbour recommended that during the process of selecting a new police chief, the City invite the Hennepin County Sheriff to sit in on the process in order to gain his input. Moorse indicated there will probably be six or seven finalists, with that number being reduced down to three that will be appearing before the City Council. Sansevere commented he would like to be debriefed on who the semi - finalists are as well as the final applicants. Mayor Jabbour requested that the City Council members be provided with a copy of all the applications submitted for the police chief position. Mayor Jabbour stated he has met with Channel 11 regarding the remnants of the Great Woods and issues relating to Spring Hill, which will air sometime in July. Jabbour noted that the City of Orono has approximately 1,000 acres in park land currently. Mayor Jabbour stated the Consolidation Committee will continue to meet throughout the summer and is planning to address as many civic and church groups as possible regarding the merger. Jabbour expressed a concern regarding relocation of the Long Lake Fire Station, noting that Orono's City Code does not allow another city to construct a public facility in the city. Kelley commented he attended Buckhorn Days where he received a large number of inquiries regarding the consolidation. Sansevere stated in his opinion a large number of citizens in Orono are not opposed to the merger, but that there appears to be some opposition in Long Lake. Mayor Jabbour indicated the Consolidation Committee will also be sending a letter and a packet of information relating to the merger to the various civic and church groups as well as arranging neighborhood meetings to discuss the issues with as many residents as possible. Jabbour stated he would like the City Council members to be available for questions, noting that there is some misinformation that needs to be addressed. Sansevere commented boaters who use the area near Big Island are still unhappy with the placement of buoys in that area. Mayor Jabbour noted the buoys were placed in that area due to safety concerns. Kelley commented a final decision on the location of the new fire station will be a difficult one. Kelley stated the two main issues involved with the new fire station relate to the location and the cost. Flint expressed a concern relating to the recycling program and the continuing problem of finding recycled material along the streets following pickup. Flint indicated he has spoken with Amelia Krueger and the owner of the recycling company in an attempt to resolve this issue. Flint stated the problem is not entirely the fault of the recycling company but also comes about from the residents not taking ample steps to insure that their recycled goods do not blow away. Gappa stated in his view part of the problem is a result of inadequate equipment and that the City could perhaps request better equipment with the new contract. Gappa stated the tarps are • Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 26, 2000 (Mayor /Council Report, Continued) time- consuming to use and do not work properly. Flint commented he would like to see this program become successful. Sansevere inquired how many people are typically utilized by the City from the County Assessor's office throughout the year. Moorse indicated during the busy time there may be up to six people from the Assessor's office working on the assessments, with the average number being two. Mayor Jabbour noted Orono's Sister City Deephaven will be celebrating its 100th year this summer, and suggested the City of Orono send a resolution acknowledging this event. Peterson moved, Jabbour seconded, to authorize City Staff to prepare and send a resolution to the City of Deephaven in recognition of their 100th year anniversary. VOTE: Ayes 5, Nays 0. Kelley thanked the City Administrator for the update on the fire marshall inspections, noting that these inspections were long overdue. Kelley inquired whether any new landscaping will be planted along the Luce Line Trail near the new George Stickney development. • Gappa stated he has not heard whether any new landscaping will be planted in that area. Kelley requested Gappa to view the site and find out whether any landscaping will be planted in that area. Jabbour suggested calling Martha Reger of the DNR Trails and Waterways Division regarding this issue. PUBLIC SERVICE DIRECTOR'S REPORT *( #9) APPROVE GOLF COURSE SEASONAL EMPLOYEES Flint moved, Kelley seconded, to approve the revised employee list at the proposed wage rates and under the applicable provisions of the PERA rules. VOTE: Ayes 5, Nays 0. *( #10) HIGHWAY 12 LIFT STATION EASEMENT Flint moved, Kelley seconded, to approve the Washington Scientific Industries easement for the Highway 12 Bypass Lift Station at a cost of $1.00 per square foot for a total cost of $12,800. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT • *( #11) RESIGNATION OF CAROLE HASEMAN FROM THE POSITION OF DEPUTY CITY CLERK Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 26, 2000 Flint moved, Kelley seconded, to accept the resignation of Carole Haseman from her position as Secretary/Deputy City Clerk effective June 30, 2000, and to authorize staff to initiate the process of hiring a replacement. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT None "( #12) LICENSES Flint moved, Kelley seconded, to approve the following licenses. VOTE: Ayes 5, Nays 0. SPECIAL EVENT PERMIT Rick Recker Corn Days 4 Mile Run Willow Drive @ Hackberry Park (S) to Brown Road (N) to Orchard Lane (W) to Holbrook Park August 13, 2000 11:15 a.m. - Noon Mark Longworth, Archetype Builders, Inc. Fall Parade of Homes 1280 Lyman Avenue September 9 - October 1, 2000, Thursday - Sunday only Noon - 6:00 p.m. "( #13) BILLS Flint moved, Kelley seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Jabbour moved, Sansevere seconded, to adjourn the meeting at 8:35 p.m. There being no further business to discuss, the meeting was adjourned at 8:35 p.m. ATT T. Lin a S. Vee, City Clerk Gabriel bbour, Mayor Page 10 0 U U