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HomeMy WebLinkAbout08-14-2000 Council MinutesORONO CITY COUNCIL MEETING MONDAY, AUGUST 14, 2000 • ROLL The Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Richard Flint, and Bob Sansevere. Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaf&on, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Council Member Barbara Peterson was absent. Mayor Jabbour called the meeting to order at 7:02 p.m. CONSENT AGENDA 1. Approve /Amend Items 8, 9, 10, 11, 13, 14, 15, 17, 18, 20, and 21 were added to the Consent Agenda. Flint moved, and Sansevere seconded, to approve the consent agenda as amended. Vote: Ayes 4, Nays 0. 0 APPROVAL OF MINUTES *2. Regular Council Meeting of July 24, 2000 Flint moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of July 24, 2000 as presented. Vote: Ayes 4, Nays 0. MARY HILL SMITH, METROPOLITAN COUNCIL — CERTIFICATE OF APPRECIATION Ms. Smith stated that in 1995 the Legislature passed an act that established the Livable Communities Program. The purpose of the program is to provide a pot of money that cities could use to leverage private money to improve their communities, through affordable housing, smart growth, and brown field clean up. Since 1995, $10 million has been given out. Orono is one of the communities that has participated in the program since its inception. Governor Jesse Ventura and Council Chair Ted Mondale provided Orono with a Certificate of Appreciation that states: "To Orono, a charter partner in the Livable Communities Program, for your accomplishment in promoting smart growth, E ORONO CITY COUNCIL MEETING MONDAY, AUGUST 14, 2000 MAR YHILL SMITH, METROPOLITAN COUNCIL — CERTIFICATE OF APPRECL4 TION — Continued housing, and clean up of polluted land for redevelopment." Ms. Smith also stated that Orono received a grant this year for affordable housing. Mayor Jabbour thanked Ms. Smith for the award and indicated the City will be applying for another grant. MAPLE PLAIN FIRE DEPARTMENT — PRESENTATION Assistant Chief Bart Kusske informed the Council that the department plans to replace its second line pumper. The truck is worn out, was purchased in 1974 and refurbished once in the mid- 1980's. A committee has decided to purchase an aerial truck, especially for use in the industrial park and in the outlying areas where large houses are too tall for ground ladders. The truck will be a first -out truck. It will cost $530,000. They have $120,000 down, and will finance the remaining $410,000 over 10 years, at which time they will own the truck. Orono's yearly payment to fund the truck will be $2,000. w i, �J Kelley asked about the truck size. Kusske stated the truck is about 38 feet long and about 8 feet wide. It has a custom chassis that allows it to turn in a tight space, and the new is truck will access places their current truck won't. It will take about 10 months to deliver. The life expectancy of the truck is about 30 years. Flint asked how the department avoids purchasing the same type of equipment that is owned by a neighboring department, creating duplicate expenses. Kusske stated that the fire departments work together closely. The closest station to a fire will be called out first, then they call for back -up from other departments if needed. In some cases, as with apartment buildings, the dispatch knows to send out multiple fire departments simultaneously. He stated that the new aerial truck could be used as a pumper if it is not first on the scene. Kusske mentioned that many driveways to large homes in the area are too narrow for the fire trucks to access the house. They would have to park the truck at the property entrance and drag a hose up the drive with a pick -up truck. PARK COMMISSION COMMENTS —IRENE SILBER, REPRESENTATIVE Ms. Silber thanked the Council for designating the Crystal Bay land as a park. Mayor Jabbour asked if staff had allocated money to show the City's contribution to the park. 0 2 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 14, 2000 • PARK COMMISSION COMMENTS — Continued Silber stated they will be holding the park tour on September 5, 2000 at 5:00 p.m., and invited the Council members to attend. Mayor Jabbour stated that he is concerned if the City uses DNR money to designate a fishing pier, it might appear on park maps resulting in overuse. PLANNING COMMISSION COMMENTS None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT • 3. #2568 Bancor Group, Inc., Southwest Corner of Willow Drive North and Sixth Avenue North— Willow View — Review of Entrance Monument Plan David Newman was present representing the Bancor Group. Weinberger stated that the entrance monument at the North entrance of Willow Drive would be constructed on an island that splits the entrance. The structure consists of an arch that would run parallel to the street and go over a pedestrian/bike path that crosses the street. Material would be metal posts, giving it a "gate" style appearance. The proposed arch is shown 6 feet high and 8 feet wide. It is recommended the arch have a clearance height of approximately 10 feet and a width of 12 feet, based on the MnDot recommended clearance heights and widths for underpasses along bike trails. The proposed monument shows a lamp light. It may be more appropriate to have in- ground lighting to illuminate the monument, because the proposed lamp light may impact adjacent residential structures. Similar style mailbox supports and benches are proposed to establish a theme throughout Willow View. Mr. Newman stated they are trying to create an identity for the community. The 40 monument is designed to be reminiscent of a prairie school trellace. The signage is a ORONO CITY COUNCIL MEETING MONDAY, AUGUST 14, 2000 3. #2568 Bancor Group, Inc., Southwest Corner of Willow Drive North and Sixth • Avenue North — Willow View — Review of Entrance Monument Plan — Continued minimal. The lighting was intended to be soft, with the effect of gas lighting. He stated he would have no problem conforming to MnDot guidelines for the suggested height of 10 feet and width of 12 feet, or changing the lighting if it is the desire of the Council. Mayor Jabbour asked if the monument would be in the way of City vehicles that need to use the road. Gappa stated it would not. Kelley stated he would prefer in- ground lighting of the monument and no lights on the mailbox structures. Newman stated the mailbox lights were designed for security purposes as well as ease of locating house numbers. Mayor Jabbour moved, and Kelley seconded, to have staff work with the developer to alter the Willow View monument plans to conform to Council recommendations: the monument should be 10 feet high and 12 feet wide with in- ground lighting. Vote: Ayes 4, Nays 0. 4. #2599 Bob and Wendy Beutler, 684 Tonkawa Road — Variances — Resolution No. 4504 Kelley stated that since the house is being torn down, and a new house being built from is scratch, he questioned the hardship for the average setback variance. Weinberger stated that the owners want to construct a four - season porch that would encroach 12 feet into the average lakeshore setback. The proposed design works well with the land contours. The entire house is being moved back about 30 feet. Flint stated he felt the proposed setback was a large improvement over the existing setback, and he was willing to support the application. He also felt that the staff handled his concern with future requests by stating that no decks or patios would be allowed to be added within the hardcover limits in the future. Mayor Jabbour stated that the law requires them to identify a hardship in order to grant a variance. The neighbor's house directly to the south sits well in front of the proposed house creating a hardship. The house to the north is 14 feet higher, at the lowest elevation than the proposed house. Kelley asked if the addition would obstruct the view of the neighbor to the north, and asked if the neighbor had seen the plans. Weinberger stated that the porch would not obstruct the neighbor's view, and the neighbor was mailed notification of the Public Hearing. 0 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 14, 2000 • 4. #2599 Bob and Wendy Beutler, 684 Tonkawa Road—Variances—Resolution No. 4504— Continued Flint moved, and Sansevere seconded, to approve Resolution No. 4504 granting variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit new residential construction on a 0.68 acre lot where 1.0 acre is required and having a lot width of 85 feet where 140 feet is required, and Section 10.56, Subdivision 16 (C)(6) to permit a 12 foot encroachment of the average lakeshore setback where no encroachment is normally allowed. Vote: Ayes 4, Nays 0. *5. #2600 Brian Kerber, 740 Orchard Park Road — Variances — Resolution No. 4505 Flint moved, and Sansevere seconded, to approve Resolution No. 4505 granting variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to permit construction of a 2,160 square foot pole barn (60' x 36') where 2,000 square feet is allowed, and Section 10.03, Subdivision 9 (D) to permit the existing garage to be relocated on the property 72.9 feet from the north property line where 100 feet is required. Vote: Ayes 4, Nays 0. 6. #2602 Thomas and Jennifer Graham, 1065 Tamarack drive — Preliminary Subdivision — Resolution No. 4506 Thomas and Jennifer Graham, and John Graham, son, were in attendance. Weinberger stated that the developed 5.1 acre lot is proposed to be subdivided to create a 2.0 acre building site north of the existing house. Both proposed lots meet or exceed standards of the Zoning and Subdivision Codes. Hennepin County has requested additional right -of -way for trail purposes along County Road 6 that would require about 10 additional feet of right -of -way and would be dedicated on the final plat. The final request from Hennepin County was 50 feet from the centerline of County Road 6. An issue discussed was the future use of the accessory building, a barn currently used for equipment storage, located on proposed Lot 1. The applicants have requested that the accessory building be allowed to remain after the lot is subdivided as long as the two properties remain in common ownership. The applicants have stated they would agree to file a covenant on the chain of title alerting future property owners a time limit would restrict the length of time the building would be permitted to remain on the property once the lots are no longer under common ownership. The Planning Commission recommended that the barn be removed or a residence • constructed on Lot 1 within 18 months of recording the final plat, regardless of ORONO CITY COUNCIL MEETING MONDAY, AUGUST 14, 2000 6. #2602 Thomas and Jennifer Graham, 1065 Tamarack drive Preliminary • Subdivision Resolution No. 4506— Continued ownership. The applicants have requested that the 18 month time frame not go into effect until the properties are no longer in common ownership. Mr. Graham stated that they have no plans to sell the north lot and would like the barn to remain for their use. Their purpose for the subdivision is to increase their options for the future. Kelley stated he feels it is premature to ask the applicants to give up their property rights for an easement. Flint stated that Hennepin County would penalize the City by requiring they pay for 100% of the right -of -way if they didn't take it at the time of the subdivision. Moorse stated easements and right -of -ways get larger as an area is developed and use increases. The applicant stated he felt the right -of -way issue is separate from the barn issue and seems irrelevant to the subdivision application. Mayor Jabbour stated the Council is not holding him hostage over the right -of -way issue, but the Council is in the position of reviewing a policy decision that is expected to come into issue in the future. Kelley questioned how the City would know when the properties are sold into separate ownership. Barrett stated that the requirement would be listed in the property deeds, but there would be no way to enforce it until somebody inquired about the barn's use. Flint • stated the policy is in place to prevent people having out buildings on a lot without a primary residence. Kelley stated he could not vote in favor of the applicant's request to allow the barn as long the lots are in common ownership because it would require making an exception to the rule. Mayor Jabbour questioned whether the applicant could be reimbursed for the right -of- way along County Road 6. Flint stated the applicant could not be reimbursed. Moorse stated that the City asks for a trail easement with any subdivision along a trail route. Gaffron stated that Hennepin County has had it on the books for 3 years that if a city does not require an easement for future road or trail use at the time of a subdivision, the city will pay 100 %, otherwise the city will only pay 50 %. Mayor Jabbour asked if the City has any control over the County. Barrett stated he was not aware of any statutes giving the City the right to stop the County from taking a right -of -way. Flint suggested plotting the right -of -way as an easement and allowing the applicant to use the land until it is needed. Flint moved, and Sansevere seconded, to approve Resolution No. 4506 granting preliminary approval for a two lot subdivision of the property located at 1065 Tamarack Drive, owned by Thomas and Jennifer Graham, with the provision that the accessory structure will not have to come into conformance until 12 months after the lots are sold into separate ownership. Vote: Ayes 3, Nays 1 (Kelley). i 9 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 14, 2000 *7. #2607 John and Maureen Vogt, and Michael and Ann Hilbelink, 350 Stubbs Bay Road North —Final Subdivision — Resolution No. 4507 Flint moved, and Sansevere seconded, to approve Resolution No. 4507 approving the plat of Tamarack Hill, owned by John and Maureen Vogt, and Michael and Ann Hilbelink. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT The Mayor /Council Report appears after item 14. PUBLIC SERVICE DIRECTOR'S REPORT *8. Request for Payment #3— Highway 12 Lift Station Flint moved, and Sansevere seconded, to approve Request for Payment 0, 2000 Lift Stations Project to Ford Construction, Inc. in the amount of $56,726.30. • Vote: Ayes 4, Nays 0. *9. Request for Payment #1— Webber Hills Sanitary Sewer Project Flint moved, and Sansevere seconded, to approve Request for Payment #1, Webber Hills Sanitary Project to Earth Burners, Inc. in the amount of $125,459.38. Vote: Ayes 4, Nays 0. *10. Request for Payment #3 —Stubbs Bay Road Cul -de -sac Flint moved, and Sansevere seconded, to approve Request for Payment #3, Stubbs Road Cul -de -sac Project to Buffalo Bituminous, Inc. in the amount of $66,104.95. Vote: Ayes 4, Nays 0. *11. Highway 12 Lift Station Electric Service Flint moved, and Sansevere seconded, to approve installation of an overhead transformer for the new Highway 12 sanitary sewer lift station by NSP for the amount of $3,873. Vote: Ayes 4, Nays 0. 7 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 14, 2000 12. Update on Mooney Lake Outlet Project 0 Doug Dayton was in attendance. Gappa stated that the Council has already discussed this item as a "Draft Feasibility Study," and decided the project should be completed using Watershed District tax levy general funds. The final report recommends allocating the project costs among the property owners within the Mooney Lake watershed based on the "equivalent runoff method." This method assigns project costs based on the proportionate volume of runoff from each community, resulting in the following project cost split: Orono 4 %, Medina 15 %, Plymouth 81 %. If the project is financed using a cost allocation to the property owners, the Watershed District should consider providing an option to spread the allocation costs to the property owners over a 5 - 10 year period through an assessment process. The process should be conducted by the Watershed District. Gappa stated an assessment project is probably not feasible because it would be very difficult to show the benefit of the project to property owners off the lakeshore, which could result in many assessment appeals. Kelley stated they need to show the damage created by high density on the Plymouth side. He suggested that the watershed may have been changed by Plymouth storm sewers. Flint noted that Mr. Dayton is donating the easement, and that increased runoff into the • lake could add 21 inches a year to the water level. Flint moved, and Sansevere seconded, to have staff inform the other city governments that the City of Orono has reviewed the final report and is in favor of pursuing the Mooney Lake Outlet project and encourage them to help advance the project. Vote: Ayes 4, Nays 0. *13. Crystal Bay Park Designation Flint moved, and Sansevere seconded, to approve the designation of the former City Hall and Public Work's Site on South Brown Road, as described in the listed legal descriptions, to the City's Park system to be named "Crystal Bay Park." Vote: Ayes 4, Nays 0. *14. Crystal Bay Post Office Window Replacement Flint moved, and Sansevere seconded, to approve replacement of Crystal Bay Post Office windows by Wayzata Windows, Inc. for the amount of $4,735 to be funded from the 2000 Capital Improvement Budget. Vote: Ayes 4, Nays 0. 0 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 14, 2000 MAYOR/COUNCIL REPORT Mayor Jabbour stated that Bob Erickson's objection filed with MnDot has made the federal government hesitant to issue the F.O.N.S.I. Finding of No Significant Impact. Mr. Erickson has indicated he will withdraw his objections if the City will provide a left turn lane for his commercial property and vacate a portion of a road, Lake Street, which is abutting Lake Minnetonka. The City's position is that vacating Lake Street is not an option for consideration and Mr. Erickson has already been told this numerous times. MnDot has $500 million to spend in 3 years or lose the money. There is no way they can spend the money in 3 years because their process to approve expenditures takes more than 3 years. Mayor Jabbour suggested they appoint one person in charge of coordinating efforts and attending to the needs of the City. He stated he would like the Council to appoint Jim Murphy as the Council's contact with MnDot. The Council agreed with the suggested appointment. CITY ADMINISTRATOR'S REPORT *15. Appointment of 2000 Primary Election Judges — Resolution No. 4508 • Flint moved, and Sansevere seconded, to approve Resolution No. 4508 appointing election judges for the September 12, 2000 Primary Election. Vote: Ayes 4, Nays 0. • 16. Orono Area Sports Alliance Agreement Moorse stated that the Orono School District's Community Education staff are trying to improve coordination, communication, and planning across the various youth sports associations and cities in the School District. They have created the Orono Area Sports Alliance Agreement, which creates an organization with membership from the Orono School District, youth athletic associations, and the cities within the Orono School District. Moorse suggested that he and the Public Services Director join the committee in order to keep informed of activities. Flint stated he does not approve of the structure that gives the District 4 representatives while the cities and sport associations each have 1 representative. Moorse stated he would follow up on that issue. He feels the board's purpose is for coordination of activities, and money will not be spent without representatives going back to their organizations for approval. Kelley stated that Orono could be constantly voted to provide facilities by the board. Flint stated he believed representation should be proportionate to a city's population. Kelley questioned why the board needs to vote if their purpose is to 0 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 14, 2000 16. Orono Area Sports Alliance Agreement — Continued facilitate activities. Sansevere suggested the board's power would be to make a Council look anti -child if they refuse the board's requests. Moorse stated he could address the Council's concerns before they proceed with joining the Orono Area Sports Alliance. *17. Authorize Bond Sale — Resolution No. 4509 Flint moved, and Sansevere seconded, to approve Resolution No. 4509 providing for the sale of $925,000 General Obligation Improvement Bonds, Series 2000. Vote: Ayes 4, Nays 0. *18. Stubbs Bay/Maxwell Bay Water Quality— Resolution No. 4510 Flint moved, and Sansevere seconded, to approve Resolution No. 4510 requesting the MCWD to conduct a feasibility study regarding water quality improvements for Stubbs Bay and Maxwell Bay. Vote: Ayes 4, Nays 0. 19. 2001 Proposed Long Lake Fire Department Budget Moorse stated that the Long Lake Volunteer Fire Department proposed 2001 budget is $186,135. That is an increase of $11,980, or 6.9% over the 2000 budget. The main cause of the increase is an increase in the contribution toward the firefighter pension plan from $28,000 to $34,000. Based on the cost allocation formula, Orono's share of the operating budget is $134,632. The equipment replacement schedule includes the replacement of a tanker truck in 2001 at a cost of $110,000. Orono's share of this cost is $77,000. Orono currently has a balance of $104,000 in its Long Lake Fire Equipment Replacement account. Moorse stated that Orono currently places $30,000 a year into the Equipment Replacement account, and that would have to increase to $40,000 a year to accommodate the fire department's equipment replacement plan. The new city would have to bond for part of that. Kelley stated that Orono pays 72% of the Long Lake Fire Department's budget, without controlling how the money is spent. He stated that if consolidation occurs they should correct the situation where Orono contributes the bulk of the funds with minimal control. 10 0 11 1 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 14, 2000 0 19. 2001 Proposed Long Lake Fire Department Budget — Continued Mayor Jabbour moved, and Sansevere seconded, approving the proposed 2001 Long Lake Volunteer Fire Department budget, and the replacement of the tanker truck in 2001 at a cost of $110,000 ($77,000— Orono's share). Vote: Ayes 4, Nays 0. *20. Appoint Administrative Support Assistant/Deputy City Clerk Flint moved, and Sansevere seconded, to approve the appointment of Rachel Dodge to the position of Administrative Support Assistant/Deputy City Clerk at the pay rate of $15.68 per hour effective August 14, 2000. Vote: Ayes 4, Nays 0. *21. Appoint Part -time Community Service Officer Flint moved, and Sansevere seconded, that the Council request Robert Cooper be hired as a part -time Community Service Officer at the pay rate of $10.00 per hour with no benefits or PERA membership based on the $5,100 maximum earnings stipulation, effective immediately. Vote: Ayes 4, Nays 0. 0 22. Scheduling of Budget Work Session • The budget work session will be held on August 28, 2000 at 4:00 p.m. CITY ATTORNEY'S REPORT None. *23. LICENSES None. *24. BILLS Flint moved, and Sansevere seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. 11 ORONO CITY COUNCIL MEETING MONDAY, AUGUST 14, 2000 OTHER Moorse indicated a tree nursery has a number of large trees that it must transplant this year, and is offering them to the City at a significantly reduced price. Jabbour moved, and Kelley seconded, to authorize staff to spend up to $10,000 for trees to screen the City Facilities buildings and to screen the Public Works yard area from the property to the east, and to approve the budget adjustment in the General Fund to reflect the expenditure. ADJOURNMENT The meeting was adjourned at 10:05 p.m. • ATTEST: Linda S. Vee, City Clerk Ga iel Jabbour, yor • • 12