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HomeMy WebLinkAbout09-11-2000 Council Minutes-wl. ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 11, 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 Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Mayor Jabbour called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve /Amend Items 6, 7, 8, 12, 13, 14, and 16 were added to the Consent Agenda. Peterson moved, and Sansevere seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. 0 APPROVAL OF MINUTES X2. Regular Council Meeting of August 28, 2000 Peterson moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of August 28, 2000 as presented. Vote: Ayes 5, Nays 0. RECOGNITION 3. Recognition of Officer Kurt Erickson— Resolution No. 4517 Moorse stated that the City Council recently received copies of letters of commendation for outstanding service by the Orono Police Department, and in particular Officer Kurt Erickson, from Jerry Rockvam, Mayor of Spring Park, and Dawn Fitch, Loss Control Administrator for Presbyterian Homes on Lake Minnetonka. Moorse read the resolution that recognized Officer Kurt Erickson for commendations received from Presbyterian Homes on Lake Minnetonka and the Mayor of Spring Park where it was resolved that the Orono City Council hereby recognizes Officer Kurt Erickson for his outstanding service. 0 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 11, 2000 3. Recognition of Officer Kurt Erickson Resolution No. 4517 — Continued • Kelley moved, and Peterson seconded, to adopt Resolution No. 4517 recognizing Officer Kurt Erickson for commendations received from Presbyterian Homes on Lake Minnetonka and the Mayor of Spring Park. Vote: Ayes 5, Nays 0. Mayor Jabbour thanked Officer Kurt Erickson for his dedicated service, and stated that the City Council appreciates the work done by the Orono Police Department. PARK COMMISSION COMMENTS — ANDREW MCDERMOTT, REPRESENTATIVE Mr. McDermott stated that the Park Commission had an excellent park tour. All board members were present. PLANNING COMMISSION COMMENTS None. 11 PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT 4. 92550 Charles Van Eeckhout, 120 Brown Road South —Class III Subdivision and Planned Residential Development Weinberger stated that the application is a 7 -lot planned residential development request for property located immediately adjacent to the City of Long Lake. It has access via a driveway easement to the 20 -acre parcel. Long Lake creek runs through the property and there are wetlands located on the property. The primary change in this proposal from previous ones is in the property access. The applicant has been unable to obtain an easement from the adjacent property owner to gain suitable access to the lots. The applicant is now seeking to gain access from the City of Long Lake via Apple Glen Road on the north side of the property. Staff has contacted the City of Long Lake. Long Lake has deferred consideration of the access request until after the City of Orono has taken action on the application. If Orono approves the • 2 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 11, 2000 4. #2550 Charles Van Eeckhout, 120 Brown Road South —Class III Subdivision and Planned Residential Development— Continued application, they will then consider the proposed access to Apple Glen Road. Another issue facing the application is the delineation of wetlands on the property. Two areas previously delineated as wetland are now in question. If the areas are determined to be wetland, it would allow 13.7 acres of dry buildable with 6 lots. If the areas are determined to not be wetland, it would allow 14 acres of dry buildable with 7 lots. Mr. Van Eeckhout is in the process of having a wetland delineation report prepared that will be forwarded to the Watershed District for approval. The Planning Commission recommended denying the application because it was felt the 4 lots on the north side should be reduced in number, thereby increasing lot size, and because the wetland delineation was not complete. Staff recommended Council table the application and give the applicant direction regarding: access via Apple Glen Road vs. Brown Road, whether the new road would be public or private, and if the 4 nothern lots should be reduced in number. Mr. Van Eeckhout stated that the wetland survey has been completed and it shows 14 • acres of dry buildable, sufficient for his planned development. Mayor Jabbour stated he is not comfortable approving the subdivision with access to Apple Glen Road without first hearing from Long Lake because it would burden Long Lake with extra traffic and sewer hookups. Flint asked if the current driveway could be used for lots 5 and 6, with Apple Glen Road accessing the other 5 lots. Mr. Van Eeckhout stated that may be an option, although he would prefer to access all of the lots from the same road. Flint stated that a letter from Svoboda Ecological Resources notes a change in wetland boundaries on the property due to the presence of sand and gravel fill. It also noted that an area recently became drier due to the presence of a drainage ditch. Mr. Van Eeckhout stated that drainage from Apple Glen Road runs into a ditch that was dug on the property in 1956. He has cleaned the ditch, removing silt, but he has never altered the land. He also stated that the Svoboda letter is referring to a deepening and straightening of the ditch which happened in conjunction with the sewer plant on Orono Orchard Road long before Van Eeckhout owned the property. At that time, they lowered the creek, leaving wetland soils in areas that no longer qualify as wetlands. Mayor Jabbour stated he is not in favor of any application that would affect Long Lake. Mr. Van Eeckhout stated that Long Lake will not move on access to Apple Glen Road • without hearing from Orono. N ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 11, 2000 4. #2550 Charles Van Eeckhout,120 Brown Road South —Class III Subdivision is and Planned Residential Development — Continued Kelley stated he would prefer 6 larger lots that all access Brown Road. Mayor Jabbour stated he prefers smaller lots to reserve more land for natural areas. Kelley stated he would not proceed on the application without having something in writing from the Watershed District. Sansevere stated he would not want access going through a neighborhood where it is not wanted. Van Eeckhout stated the City is responsible for getting him a road to access his property, and the City has the power to condemn a property to gain the road. Mayor Jabbour stated that they cannot approve the plan without having suitable access to the property because the Council would then be forced to find the applicant access. He suggested staff draft a letter to Long Lake stating that Orono has considered the application and will approve the subdivision if Long Lake grants access from Apple Glen Road. The letter will make it clear that Orono is not in any way pressuring Long Lake to grant access, or trying to sway their decision. The application will be tabled to allow time to receive the Watershed District report and to hear from Long Lake on access. Kelley moved, and Sansevere seconded, to table the application and direct staff to write a letter to the City of Long Lake asking them to consider whether to allow • access from Apple Glen Road. Vote: Ayes 5, Nays 0. 5. #2596 Brenshell Homes, 1181 Wildhurst Trail —Class III Subdivision Preliminary Plat Approval Steve Benke was present. Weinberger stated that the application is for a 5 -lot residential development on a 7 -acre parcel located adjacent to the Saga Hill park area. Access is proposed from Garden Lane. He stated that new information was presented to staff on the afternoon of September 11, 2.000. Mayor Jabbour moved, and Flint seconded, to deny the application. Mayor Jabbour stated that he spends the weekend studying the Council packet, and does not feel the Council should have to make a decision based on new material without time to review it. Mr. Benke stated they were responding to a staff report that stemmed from a meeting held with the neighbors that neither he nor the property owner were invited to attend. • In ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 11, 2000 • 5. #2596 Brensh ell Homes, 1181 Wildhurst Trail —Class III Subdivision Preliminary Plat Approval—Continued The surveyor was notified of the meeting, but was not the appropriate person to invite. Mr. Benke stated that he is listed as the contact person on the application. He stated that the new information was provided in response to a staff request. Mayor Jabbour stated that normally when new information is presented to the Council, they refer the application back to the Planning Commission for review. The application in front of Council should be denied. Mr. Benke stated that the new information simply demonstrated that the applicant was willing and able to comply with all of staff's requests. Mr. Tom Stokes, President of Brenshell Homes, stated that they were trying to respond to staff requests, and it would be appropriate for everyone to have an opportunity to review the new information. Mayor Jabbour stated that the Council should have the benefit of the opinions of the Planning Commission, staff, and neighbors before moving on the application, and that requires a certain process. Mr. Stokes suggested the application be tabled so they could incorporate the changes suggested by staff and go back to the Planning Commission. • Barrett reminded Mr. Stokes that he had a right to a decision at the Council meeting, and that he would be waiving that right in order to extend the application deadline. Mr. Stokes asked if he could begin the process anew if the application was denied by Council. Barrett stated he would have to wait 6 months to resubmit the application. Mr. Stokes stated he preferred to table the application. He reviewed a letter to that effect and signed it. Mayor Jabbour withdrew his motion, and Flint withdrew his second, to deny the application. Peterson moved, and Kelley seconded, to table the application and refer it back to the Planning Commission. Vote: Ayes 5, Nays 0. X6. #2606 Rick's Super Value, 3333 Shoreline Drive — Commercial Site Plan Review and Variances — Resolution No. 4518 Peterson moved, and Sansevere seconded, to adopt Resolution No. 4518 granting variances to Orono Municipal Zoning Code Section 10.42, Subdivision 7(G); Section 10.56, Subdivision 16(L) and Section 10.61, Subdivision 10(0) and approves the issuance of a building permit for Rick's Super Value for property located at 3333 Shoreline Drive per Municipal code Section 10.42, Subdivision 2 approving the • commercial site plan, building elevations and landscape plan, and approving the ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 11, 2000 *6. #2606 Rick's Super Value, 3333 Shoreline Drive — Commercial Site Plan Review and Variances Resolution No. 4518— Continued variances as requested based on the unique findings and hardships noted in the resolution and approving the City's issuing a building permit for the proposed additions. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Kelley stated that the Long Lake Fire Commission meeting was canceled. The committee is currently considering 2 parcels of land as sites for a new fire station: 1 on the southwest corner of Brown and Watertown in Orono, where 2 houses would have to be acquired; and 1 on the east side of Willow Road and Hackberry, where 1 house would have to be acquired. The consultant favored the site on Willow based on response time to calls. Both sites have quick North/South responses and are close to Long Lake's higher density areas. Is Sansevere suggested the City contact the property owners on the sites in question and inform them that their land is being considered for the fire station. Mayor Jabbour stated staff should contact the property owners and let them know that while their property is • under consideration, the project is still in the preliminary stages. Mayor Jabbour stated that he is concerned people believe Mn/DOT will provide large amounts of funding for the station, and in reality, the project could be short of funding. Kelley and Peterson stated they fear the proposed fire station may be more than the City requires to meet its needs. Sansevere asked about the timeline for hiring a new police chief. Moorse stated the advertisements have been submitted to state and national publications. He expects the Council will be able to review candidates in mid - October, with a final decision made in early November. Sansevere suggested making the start date at the discretion of the new chief, allowing that person to start before or after the holidays. Mayor Jabbour announced he will not run for reelection as Mayor. His reasons for leaving have nothing to do with the possible consolidation of Orono and Long Lake. The Council members expressed their disappointment that he won't be returning as Mayor, and their support for the work he has done for the City. 0 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 11, 2000 • PUBLIC SERVICE DIRECTOR'S REPORT *7. No Parking Zone on County Road 51— Resolution No. 4519 Peterson moved, and Sansevere seconded, to approve Resolution No. 4519 directing Hennepin County to install "No Parking Vehicles with Trailers, Tow Away Zone" signs on North Shore Drive, County Road 51 between the Noerenberg Bridge and Old Crystal Bay Road, County Road 84. : Ayes 5 Nays 0. Vote: Ayes 5, Nays 0. *8. Request for Payment 94 -2000 Lift Stations Project Peterson moved, and Sansevere seconded, to approve Request for Payment #4, 2000 Lift Stations Project to Ford Construction, Inc. in the amount of $66,953.05. Vote: Ayes 5, Nays 0. 9. Orono Schools Traffic Control on Old Crystal Bay Road Gappa stated that the high school now starts at 7:50 a.m. and the middle school starts at 8:00 a.m. so students can share buses. Because of buses, car poolers, and pedestrians . crossing between the two schools, major traffic issues have arisen. Traffic was backed onto County Road 6 during the heaviest traffic. They placed a four -way stop at the south high school driveway and crosswalk, which seems to be working well to control traffic. One of the options discussed was adding a signal at the school crossing, but it is not warranted by the amount of traffic outside of school hours. • Kelley stated he is not in favor of the four -way stop. The school district has had all summer to consider the traffic issue, and waited to find a solution until school started. Having a permanent stop is not acceptable when it is only needed during the hours of drop -off and pick -up. He suggested using lights that blink red in all four directions during- peak hours, and blink yellow during off - hours. He also questioned if anyone had considered lighting the intersection. Children will be crossing the road in the early morning and evening hours in the winter when it will be dark outside. Flint stated he agreed with Kelley. Mayor Jabbour questioned the cost of adding a semaphore. Gappa stated the cost would be about $100,000. Gappa stated that installing a temporary stop sign for peak hours is not recommended because people would expect traffic along Old Crystal Bay Road to stop at all times and could cause accidents by pulling out of the parking lot in front of traffic. VA ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 11, 2000 9. Orono Schools Traffic Control on Old Crystal Bay Road - Continued Kelley stated that the issue was not very well thought out, and the school district should consider solutions other than a four -way stop. Mayor Jabbour stated there would be no action taken on item 9. CITY ADMINISTRATOR'S REPORT 10. Comprehensive Plan — Preliminary Approval — Resolution No. 4520 Gaffron stated the Planning Commission voted to adopt the Comprehensive Plan subject to the revisions noted: • 1. An index of acronyms. 2. A table of reference materials cited in the body of the text. 3. Municipal Code sections referred to in the text will be cited by number as well a title. 4. The Plan will be bound in a 3 -ring binder. 5. A listing of Council and Commission members, staff and consultants. 6. Where appropriate, certain words in the Plan will be modified to reduce the use of • definite or absolute statements, or words where such terms might be considered confrontational or inflexible. However, these changes will only occur where softening of terms will not dilute the City's intent. 7. Photos or illustrations will be added where they will contribute to the reader's understanding. Council discussed Orono having urban and rural areas, and wanting to maintain that distinction between them. Higher density neighborhoods allow working professionals to live in Orono, people such as teachers, police, etc. Gaffron stated the City could place incentives and disincentives into the zoning code to help regulate home size. Mayor Jabbour thanked Gaffron for his hard work and service. Flint stated that language in the Plan should be changed to refer to all lakes in Orono, not just Lake Minnetonka. Flint moved, and Peterson seconded, to change references to Lake Minnetonka to lakes of the City. Vote: Ayes 5, Nays 0. Flint moved, and Sansevere seconded, to adopt Resolution No. 4520 granting preliminary approval of the Orono 2000 -2020 Community Management Plan. Vote: Ayes 5, Nays 0. 0 0 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 11, 2000 11. Adopt 2001 Tax Levy and Budget — Resolutions No. 4521 and 4522 Moorse stated that the tax levy is proposed to increase by 3.38 %. That combined with the tax capacity, which increased by 11.52 %, means that the tax capacity rate is being reduced substantially from 14.8% to 13.7 %. Kelley moved, and Flint seconded to adopt Resolutions No. 4521 adopting the proposed 2000 tax levy collectible in 2001. Vote: Ayes 5, Nays 0. 11. Adopt 2001 Tax Levy and Budget Resolutions No. 4521 and 4522 — Continued Kelley moved, and Flint seconded to adopt Resolutions No. 4522 adopting the proposed 2001 budget. Vote: Ayes 5, Nays 0. *12. Set Date for Truth in Taxation Hearing Peterson moved, and Sansevere seconded, to set the Initial Truth in Taxation public hearing for 7:00 p.m. Monday, December 4, 2000 at the Orono Council Chambers, and to set the Continuation hearing, if required, for 7:00 p.m. Monday, December 11, 2000 at the Orono Council Chambers. Vote: Ayes 5, Nays 0. *13. Set Date for Tax Rate Hearing Peterson moved, and Sansevere seconded, to set the public hearing regarding the City's tax rate for 7:00 p.m. Monday, October 9, 2000. *14. Appointment of Additional Election Judges for the 2000 Primary Election Resolution No. 4523 Peterson moved, and Sansevere seconded, to adopt Resolution No. 4523 appointing additional election judges for the Primary Election to be held September 12, 2000. 15. Establish Date and Time for Primary Election Canvassing Board Meeting Council decided the Primary Election Canvassing Board would meet on Thursday, September 14, 2000 at 7:30 a.m. No motion was made. 9 ORONO CITY COUNCIL MEETING MONDAY, SEPTEMBER 11, 2000 *16. Building Quality Communities — Resolution No. 4524 Peterson moved, and Sansevere seconded, to adopt Resolution No. 4524 declaring the City of Orono's commitment to join in the "Minnesota Cities: Building Quality Communities" statewide initiative. Vote: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT There was a report given after the Council meeting adjourned. *17. LICENSES None. *18. BILLS Peterson moved, and Sansevere seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 9:15 p.m. ATTEST: Linda S. Vee, City .Clerk 10 Gab iel Jabbour, M or • 0