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HomeMy WebLinkAbout07-10-2000 Council MinutesORONO CITY COUNCIL MEETING MONDAY, JULY 10, 2000 • ROLL The Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson, Richard Flint, 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 Glenn Cook, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Mayor Jabbour called the meeting to order at 7:02 p.m. CONSENT AGENDA 1. Approve /Amend Items 7, 9, 10, and 13 were added to the Consent Agenda. Kelley moved, and Peterson seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. 2. ASSESSMENT HEARING —EAST LONG LAKE SANITARY SEWER PROJECT— Resolution No. 4491 and 4492 Cook gave an overview of the project, explaining that a pressure sewer system will be installed and connected to the City of Long Lake sewer system. The total project cost will be $194,607 divided among 11 units at a cost of $17,700 per unit including the grinder pump. Gappa explained that the assessment is $12,700 to get a sewer stub to the property. The property owner can choose to be assessed for an extra $5000 which will be provided by the City to use for the purchase and installation of the grinder pump. The assessments are for 15 years, the Council will adopt at 8% and sell bonds. He stated that the assessment hearing was the last chance to appeal the assessment, and that if the resolution passed, construction would begin next month. Dick Rinehart of 985 Old Long Lake Road asked when he would owe the City $12,700. Gappa explained that they levy the final assessment in October and property owners will have the option to prepay for 30 days. If it is not paid during that period, interest will begin to accrue and the assessment will be included with their 2001 taxes. Mayor Jabbour closed the Assessment Hearing at 7:10. A. Kelley moved, and Flint seconded to approve Resolution No. 4491 adopting the East Long Lake Area sanitary sewer improvements assessment roll. ORONO CITY COUNCIL MEETING MONDAY, JULY 10, 2000 2. ASSESSMENT HEARING EAST LONG LAKE SANITARYSEWER • PROJECT — Resolution No. 4491 and 4492 -- Continued Vote: Ayes 5, Nays 0. B. Kelley moved, and Flint seconded to approve Resolution No. 4492 awarding the contract for the installation of sanitary sewer improvements in the East Long Lake Area to MinnComm Utility Construction Company, Mora, Minnesota in the amount of $90,760.00. Vote: Ayes 5, Nays 0. 3. ASSESSMENT HEARING —FOX RIDGE SANITARY SEWER PROJECT Resolution No. 4493 and 4494 Cook gave an overview of the project, explaining that a pressure sewer system will be installed and connected to the City of Long Lake system. The total project cost will be $242,430 divided between 11 units at a cost of $21,000 per unit including the grinder pump. Gappa explained that there are 9 properties in the Fox Ridge expansion area. Ten properties along South Brown Road were offered sewer and 2 property owners opted to connect to the sewer. He reminded people that the hearing was their last chance to appeal the assessment. Dave Phelps of 1950 Fox Ridge Road asked when property owners need to decide whether or not to take the $5,000 assessment for the grinder pump. Gappa stated they should decide in October when the City sends out notices for the prepay period. Bonnie Ease of 15 South Brown Road asked why the assessment has gone up since the public hearing. Gappa explained that at that time, they were not sure how many units along South Brown Road would join the sewer so they estimated 3 would join. Only 2 joined so the total cost was divided among 11 units instead of 12. Ease asked if the cost would decrease if more people joined later. Mayor Jabbour stated that if more people sign up, they will not be able to continue with the project because every unit that hooks up to the Long Lake sewer takes a unit away from Long Lake and there is a finite number of units that can connect to the sewer. Adrian Kierney of 265 South Brown Road asked where the hook up would enter his lot. Gappa explained that they would work with each property owner to place their hook up. Mayor Jabbour closed the assessment hearing at 7:20. A. Sansevere moved, and Peterson seconded, to approve Resolution No. 4493 adopting the Fox Ridge Area sanitary sewer improvements assessment roll. Vote: Ayes 5, Nays 0. 0 2 ORONO CITY COUNCIL MEETING MONDAY, JULY 10, 2000 • 3. ASSESSMENT HEARING —FOX RIDGE SANITARYSEWER PROJECT Resolution No. 4493 and 4494— Continued B. Sansevere moved, and Kelley seconded, to approve Resolution No. 4494 awarding the contract for the installation of sanitary sewer improvements in the Fox Ridge Area to MinnComm Utility Construction Company, Mora, Minnesota in the amount of $127,970.00. Vote: Ayes 5, Nays 0. Dave Phelps thanked the Council and City staff for working diligently and patiently with the Fox Ridge neighbors on the sewer project. APPROVAL OF MINUTES *4. Regular Council Meeting of June 26, 2000 Kelley moved, and Peterson seconded, to approve the Minutes of the Regular Council Meeting of June 26, 2000 as presented. Vote: Ayes 5, Nays 0. • PARK COMMISSION COMMENTS —RICK MEYERS, REPRESENTATIVE Mevers stated that at the July 5, 2000 meeting the Park Commission reviewed bids on Navarre Park and unanimously approved the low bid. They are trying to acquire the property in Hackberry Park and are working with the property owner. They feel it would be to their advantage to work with the current property owner. They also discussed the plat maps of Saga Hill. Mayor Jabbour stated that the City is very close to getting the Dakota Line issue behind them. He also mentioned the Saga Hill parking lot. Meyers stated that if they decide to increase the parking lot size, as previously planned, he hopes the neighbors will not be upset. The size increase would correspond to development plans for the future. PLANNING COMMISSION COMMENTS —DALE LINDQUIST, REPRESENTATIVE None. • ORONO CITY COUNCIL MEETING MONDAY, JULY 10, 2000 :7 PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT 5. #2550 Charles Van Eeckhout, 120 Brown Road South — Subdivision for Planned Residential Development — Referral Back to Planning Commission Weinberger stated that he had received a written extension to August 31, 2000 from the applicant. Kelley moved, and Peterson seconded, to refer the application back to the Planning Commission for review of a revised plan with alternative access via Apple Glen Road. Vote: Ayes 5, Nays 0. 6. #2574 Tom Micheletti, 519 Ferndale Road North— Variance Moorse stated that the applicant had waived his 120 -day statutory review period and asked that the application be continued. • Flint moved, and Peterson seconded, to table item 6. Vote: Ayes 5, Nays 0. *7. #2588 Robert Pieper, 3995 North Shore Drive — Preliminary Plat— Resolution No. 4495 Kelley moved, and Peterson seconded, to approve Resolution No. 4495 granting preliminary approval of a plat at 3995 North Shore Drive, owner Robert Pieper. 8. #2589 Woodhill Country Club, 200 Woodhill Road — Conditional Use Permit Resolution No. 4496 Weinberger explained that the applicant wants to amend a conditional use permit from 1968 to permit a 19 -foot by 52 -foot addition to an existing barn structure on the property. The structure has been used primarily for parties in the winter. The proposed expansion would increase the structure size by 988 s.f. and would improve the kitchen and restroom facilities, as well as provide more usable space. They also want to connect the barn and potentially the maintenance building to sewer on a property outside of the MUSA. In 1996 the City was granted the ability to connect up • 0 ORONO CITY COUNCIL MEETING MONDAY, JULY 10, 2000 • 8. #2589 Woodhill Country Club, 200 Woodhill Road — Conditional Use Permit Resolution No. 4496 — Continued to 50 existing residences with a failing system and no replacement possibilities to existing sewer lines outside the MUSA. The Woodhill barn is not a residence, but does have a non - conforming system due to the 3 -foot separation issue and is a quasi - commercial use that should be connected to sewer. The City has permitted other similar uses, like churches, to connect. The Planning Commission voted 2 -2 (failed motion) to recommend approval of the application. Two members of the Planning Commission did not vote in favor of the application because of unresolved issues with the Woodhill Avenue access to the property. Staff recommends approval of the conditional use permit to allow expansion of the building by 988 s.f. subject to the following conditions: 1. Access for all contractors and equipment shall use the County Road 15 entrance to the Country Club. 2. The building shall meet Fire Code protection standards. 3. The building shall meet the minimum 10 -foot setback to the septic tanks. • 4. Evidence of a standard septic system to accommodate the proposed use of the building or connection to sanitary sewer only if approved by the City Council. • Mr. Edge Jackson, President of Woodhill Country Club, stated that they do not intend to expand parking. The building was last updated in 1965. The use of the barn is not expected to change. They have about 40 parties per year in the facility, 88% of them are in the winter months, party size tends to be at 35 – 40 people, and most occur in the afternoon. Mayor Jabbour stated that the Planning Commission had not approved the conditional use permit because of unresolved issues with a conditional use permit granted last year allowing use of the back access road. He asked Jackson to explain what measures the Club has taken to address these issues. Jackson stated that in the July issue of the Club newsletter, and every issue since, they have printed reminders and warnings to Club members to not use the road except as designated by the conditional use permit. They have posted 4 signs along the road. They have irregularly posted a guard along the road. They posted a sign near the time cards saying that illegal employee use of the road is cause for termination. They have started a logbook to record the times the gate is opened and closed. They conducted 2 -week long traffic studies to record road usage in April and June 2000. The data showed that incoming traffic follows their estimated projections, averaging 30 cars per day. On any given day, 4 – 5 cars use the road per hour. 5 ORONO CITY COUNCIL MEETING MONDAY, JULY 10, 2000 8. #2589 Woodhill Country Club, 200 Woodhill Road — Conditional Use Permit • Resolution No. 4496 — Continued Shelly Storch of 1245 Woodhill Avenue stated that the Planning Commission denied the motion to approve the conditional use permit because they weren't comfortable with expanding the use of the barn, which would increase use of the back entrance. She stated that neighbors offered several solutions to the road use issue to Mr. Jackson and Mr. Albrecht and that the suggestions were rejected without discussion. She stated that she gave Jackson her phone number to further discuss the issue and he never called. She claimed that since the Planning Commission met, misuse of the road has continued and the neighborhood has experienced its first case of vandalism, possibly due to the increased use of the road. She stated that the road is being used in the wrong direction, commercial vehicles use the road, and the gates are not closed on time. When Storch calls the police they do not respond, saying they are unaware of the specific regulations on the road. Storch stated that the Club considers their addition a maintenance issue with an existing building, but that it is clearly a sizable expansion that is intended to increase the use of the facility. She believes the expansion would directly and adversely affect use of Woodhill Avenue and would overstep the Club's right to operate in a residential neighborhood. She stated she believes any expansion of the Club's use when they are not in compliance with the existing conditional use permit regarding the road would be • irresponsible. She stated she and her neighbors have complained to the police and City Council members and have been ignored. She stated based on the reported problems, the City has a responsibility to review the Club's conditional use permit in its entirety and to refrain from expanding the Club's use, to do otherwise puts the City at risk for liability for selective enforcement. The Club is dependent on special zoning for its very existence and it adversely affects a residential neighborhood. The only reason the Club wants to expand the barn facility is so that they can throw bigger parties —it is not a compelling reason, or a necessity, according to Storch. Mayor Jabbour stated that he offered to host a meeting between the two parties to discuss the issue, and he publicly extended the offer again. He stated that he has no problem with the Club expanding their business and that the proposed expansion is not unreasonable. He felt the Club has an enforcement issue related to use of the Woodhill driveway, but that it is a distinct issue from the barn expansion. Storch stated that she would be happy to discuss with the Club how they can enforce their rules, but that she would not be happy to discuss how they can further compromise her lifestyle to the benefit of the Country Club. She stated she is being held hostage by the Club's fraud and the City Council's inactivity —her children can't safely use the road they live on because of traffic from the Club's driveway. She stated she was sold her property with the understanding it was located on a cul -de -sac. I ORONO CITY COUNCIL MEETING MONDAY, JULY 10, 2000 • 8. #2589 Woodhill Country Club, 200 Woodhill Road — Conditional Use Permit Resolution No. 4496 — Continued Mayor Jabbour stated he simply wanted to distinguish between the barn expansion application and the road use issue. Storch stated she has been ignored and abused by the City and the Club and has spoken to an attorney about a selective enforcement suit. She has been looking at homes in other cities because of the issue. She stated the City does not take her complaint seriously. Mayor Jabbour stated they would continue to do what they can to help both sides find a resolution to the issue. Storch stated the City was wrong to open the driveway in the first place. She said the City could expect a call from her lawyer and exited the Council Chambers. Sansevere asked Jackson if there was anything more they could do about traffic exiting on Woodhill Avenue. Jackson stated there is not. They have had a good response to the last newsletter. He stated they could not find the blue Omega Storch claims comes out of the drive at 3:15 every day. Short of hiring a police officer, he does not feel there is more they can do to enforce the rules. • Jane Delaney of 1315 Woodhill Road stated that she has not seen City representatives 0 monitoring the road traffic. She has literally stepped in front of cars coming out of the drive to stop them, and they have been driven by Club employees. She feels there should be a mechanical gate at the drive entrance to stop cars from exiting onto Woodhill Avenue. She stated she is not concerned about the Club adding on to the barn facility, except that it will increase traffic on Woodhill Avenue. She stated that when she has called the police, they claim they are unaware of the ordinance and won't respond to her call. She stated that the laws regarding use of the drive have been in place for a year, people are violating the laws, and it is the City's job to enforce them. Sansevere stated that the Club is being proactive in their efforts to stop outgoing traffic from using the road. He stated that the road issue should not prevent the Club from receiving a conditional use permit for the barn expansion. Flint stated he has faith in Jackson to resolve the road issue. Peterson stated that she agreed the barn expansion is a separate issue from the road issue. Flint moved, and Peterson seconded, to approve Resolution No. 4496 approving a Conditional Use Permit Amendment per Municipal Zoning Code Section 10.28, Subdivision 3 to permit a 19 -foot by 52 -foot addition to the barn structures and to permit sanitary sewer connection to the property for the portion of the property not within the MUSA boundary. 7 ORONO CITY COUNCIL MEETING MONDAY, JULY 10, 2000 8. #2589 Woodhill Country Club, 200 Woodhill Road — Conditional Use Permit • Resolution No. 4496 — Continued Vote: Ayes 4, Nays 0 (Kelley removed himself from the discussion of and vote on item 8). *9. #2591 Gina Hansen, 583 Park Lane — Variance — Resolution No. 4497 Kelley moved, and Peterson seconded, to adopt Resolution No. 4497 granting a Variance to Municipal Zoning Code Section 10.24, Subdivision 5(B) to allow a side yard setback of 3 -feet where 10 -feet is required to permit construction of a second story to the existing residence. Vote: Ayes 5, Nays 0. *10. #2592 Mike Hilbelink and John Vogt, 350 Stubbs Bay Road North Preliminary Plat— Resolution No. 4498 Kelley moved, and Peterson seconded, to adopt Resolution No. 4498 granting preliminary approval of a plat at 350 Stubbs Bay Road North, owners John Vogt and Mike Hilbelink. Vote: Ayes 5, Nays 0. 11. #2595 Erotas Building Corporation for Sharon Tapani, 781 Ferndale Road • North— Conditional Use Permit — Resolution No. 4499 Bottenberg stated that the applicant has applied for a conditional use permit to allow plumbing in an accessory building that will function as a pool house. It will be located next to the pool and behind the existing residence. It will include a changing room with a sink, toilet, and shower. The applicant had nothing to add. Mayor Jabbour moved, and Peterson seconded, to approve Resolution No. 4499 granting a Conditional Use Permit per Municipal Zoning Code Section 10.20, Subdivision 3(Q) to allow plumbing in an accessory structure to include a toilet, sink, and shower. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Mayor Jabbour stated he had attended a mayor's meeting where they unanimously supported adding officers to the lake to better enable the sheriff to enforce water safety laws. The Council discussed the process for arresting a boater for Boating While ORONO CITY COUNCIL MEETING MONDAY, JULY 10, 2000 • MAYOR/COUNCIL REPORT — Continued Intoxicated and how the process removes an officer from patrolling the lake for an extended period of time.. Mayor Jabbour passed out a sheet detailing what it cost the City in legal defense against a minor claim. Staff time not included, the City spent $96,000 defending a claim that never went to trial because the City won in summary judgment. Mayor Jabbour stated he has spoken with the head of firm interested in the Washington Scientific property. Sansevere stated there is a problem with boating traffic near the North Shore Drive boat launch. People taking the boat to pick up the person who parked their car are cutting across boat traffic and nearly causing accidents. Mayor Jabbour suggested sending a letter to the DNR asking them to enforce boating rules. Flint stated that if the City wants to do anything with the Minnehaha Creek Watershed District next year they should act quickly to get it approved in their budget. • PUBLIC SERVICE DIRECTOR'S REPORT 12. Award Contract — Navarre Park Improvements Gappa stated that they have removed everything from the plan except the play equipment and the handicapped accessible paths. They had planned to spend $80,000, but the low bid came in at $95,000 for the equipment, curbing, special wood chips, and path. The Park Commission would like to have a hydrant in the park, which adds $5,000 to the cost, bringing the total cost to $100,000. He stated the Park Fund has $170,000 at its disposal after paying for the Larson property (half from the General Fund and half from the Park Fund). Flint stated that he hates to spend that much money, but he feels that the park and neighborhood improvements are a priority. Kelley and Peterson agreed. Kelley questioned if the City should wait and spend the money on a play area on the larger Larson property. He pointed out that the Larson property is in close proximity to the Navarre Park and once developed, it could draw users away from the Navarre Park, leaving the park underused. Meyers stated that due to the topography and condition of the area, it would cost at least $500,000 to get a usable park on the Larson property. He stated that area would not be developed into a park for approximately 5 years, and it would be easy to move the play equipment from the Navarre Park to the Larson property in the future, and turn the Navarre Park into a village green type area. 40 E ORONO CITY COUNCIL MEETING MONDAY, JULY 10, 2000 12. Award Contract — Navarre Park Improvements— Continued Sansevere moved, and Flint seconded, to award a contract for Navarre Park Improvements that includes a contract change order to install water service in.the park to Kolmo Construction, Andover, Minnesota in the amount of $100,329. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT *13. Extension of Due Date for Comprehensive Plan Update — Resolution No. 4500 Kelley moved, and Peterson seconded, to adopt Resolution No. 4500 requesting extension of the due date to August 31, 2000 for review of the City of Orono Comprehensive Plan for consistency with amended Metropolitan Council Policy Plans. Vote: Ayes 5, Nays 0. 14. Promotions to Police Sergeant Positions i Moorse explained that PDI conducted testing to determine 4 finalists. Candidates were evaluated using 4 instruments: a promotability index, a panel interview, a written test, • and an experience ranking. Based on PDI's test results, 4 finalists were presented to Moorse and the Police Chief, who interviewed the finalists and selected the 2 candidates to be promoted. Peterson stated that she personally called PDI to get the testing results. Sansevere stated that there was a glaring disparity in promotability index scores between the top two and bottom two candidates, but that scores on the other tests were very similar. He also stated that he would not vote because he felt the decision to promote should be made by the new Chief of Police. Mayor Jabbour stated that the Council voted to hire PDI and handle the promotions before the new Chief arrives and that they should continue the process now. He also stated that the City has professional people managing the promotion process and the Council should support their decision. Flint moved, and Kelley seconded, to appoint Correy Farniok and Jay Dembouski to the position of sergeant at the current Level 5, Step III pay rate of $25.16 per hour, effective July 11, 2000. Vote: Ayes 3, Nays 2 ( Sansevere and Peterson). r 10 ORONO CITY COUNCIL MEETING MONDAY, JULY 10, 2000 0 CITY ATTORNEY'S REPORT None. *15. LICENSES Kelley moved, and Peterson seconded, to approve the following licenses. Vote: Ayes 5, Nays 0. Special Event Permit 1. Applicant: Tom Sullivan Event: Pro Events International, Inc. Location: Starts at Wayzata Central Middle School with routes around Lake Minnetonka Date: July 30,2000 Time: 7:30 a.m. — 3:00 p.m. 2. Applicant: Event: Location: • Date: Time: *16. BILLS Rick Born Born 10th Anniversary Party 1535 Bohns Point Road August 5, 2000 3:00 p.m. - Midnight Kelley moved, and Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 9:50 p.m. ATTEST: Linda S. Vee, City Clerk Gab ,4\1 Jabbour, Ma 11