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HomeMy WebLinkAbout10-23-2000 Council Minutes.1 44 is MINUTES OF THE ORONO CITY COUNCIL MEETING October 23, 2000 ROLL The City Council met on the above - mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Richard Flint and Bob Sansevere. Council Members Charles Kelley and Barbara Peterson were absent. Representing Staff were City Attorney 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 Jackie Young. Mayor Jabbour called the meeting to order at 7:02 p.m. CONSENT AGENDA ( #1) Approve/Amend Items 7, 10, 12, 15, 18, 19, 21, 22, 23, 24, 25, and 26 were added to the Consent Agenda. Flint moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3, Nays 0. 7:00 p.m. — Presentations • ( #2) Tim Pattrin, Lake Minnetonka Communications Commission — 2001 Proposed Budget Pattrin presented the City Council with the 2001 proposed budget for the Lake Minnetonka Communications Commission. Pattrin stated they have entered into a contract with Mound to use the LMCC facilities, which will increase their revenues for the upcoming year. Flint inquired how the installation of the new fiber optic system is going, noting the City has experienced some temporary power outages. Pattrin stated overall the installation is going good, with a completion date of the new system anticipated to be the end of November. Pattrin stated the City Council should be aware that a number of new franchises are coming into the Metro area requesting permission to provide cable services, with each provider installing their own system. Pattrin stated the City will be faced with issues dealing with easements to enable the system to be installed. Pattrin stated in a few years they anticipate every resident in the City will be given the opportunity to hook up to cable. Mayor Jabbour commented the City has concerns with the fiber optic being installed next to their utilities as well as telephone lines due to the possibility of the lines being cut by the contractor. Pattrin stated the contractor is required to call Gopher One prior to any digging. Sansevere moved, Flint seconded, to approve the 2001 Lake Minnetonka Communications Commission Budget. VOTE: Ayes 3, Nays 0. PAGE 1 44 MINUTES OF THE ORONO CITY COUNCIL MEETING October 23, 2000 • ( #3 Maple Plain Fire Department Update, Continued) Eisinger stated it is based upon response time and what the various City Councils feel is the most appropriate coverage for their city. Eisinger stated in his opinion the coverage being provided to Orono is adequate at the present time and that perhaps the service area could be expanded if the City Council so chooses. Eisinger stated one issue the Fire Department deals with is the difficult access it faces due to long narrow driveways in some of the developments in the area. Eisinger stated some states are requiring a sprinkler system on larger residences. Mayor Jabbour stated the City is looking into that option. VOTE ON THE ABOVE MOTION: Ayes 3, Nays 0. PARK COMMISSION COMMENTS — Rick Meyers, Representative Meyers stated the initial grading has commenced at the Navarre Park, with good progress being made on the proposed improvements. Meyers stated one issue the Park Commission will be addressing at their upcoming meeting is • the various lake access points through the City. Meyers invited the City Council to attend this presentation. Meyers reported some of the lake access points are well used, with others being overgrown from lack of use. Mayor Jabbour suggested this item could be discussed further in a work session with the Park Commission. Meyers stated the Park Commission would like to discuss this issue with the City Council and City Attorney in a work session. LAKE MINNETONKA CONSERVATION DISTRICT — Lili McMillan, Representative McMillan stated the Supreme Court has arrived at a ruling regarding the special deputy case, with the decision being that the special deputies are not peace officers and therefore cannot conduct sobriety testing. The Supreme Court further went on to state that the person involved in the contested DWI must go back and face trial. McMillan noted the LMCD is having their annual meeting on October 31. Mayor Jabbour noted the Supreme Court did elaborate on what the special deputies can and cannot do, such as issue tickets and do citizen arrests, but cannot conduct investigations. McMillan stated the DNR has discovered a significant infestation of zebra mussels in a lake in Minnesota, which is the first inland body of water to have been found with the zebra mussel. • McMillan stated the Cities need to continue educating the people who use the lakes on the proper safeguards to utilize to limit the spread of the zebra mussels. PAGE 3 A • MINUTES OF THE ORONO CITY COUNCIL MEETING October 23, 2000 ( #2632 Temple Israel, Continued) Shields stated they would like to implement an improvement plan for the camp, with the first stage being a toilet/shower facility. Shields stated the current restroom facility consists of a small toilet, is outdated, and does not provide handicap accessibility. Shields stated they have been informed of a need for a conditional use permit, with the camp being agreeable to applying for the conditional use permit. Mayor Jabbour noted the City Council in the past has held public hearings on certain matters. There were no public comments regarding this application. Sansevere moved, Flint seconded, to approve Application 92632, granting of a conditional use permit to allow Temple Israel to receive a building permit for a new toilet/shower facility with the condition that a full conditional use permit application for the camp use of the property will be submitted prior to a Certificate of Occupancy being issued for the new building. Flint inquired how the camp is currently being used. Shields stated the camp is run year - round, with a caretaker living on the property. Shields stated the camp is primarily used as a day. camp during the summer, with teenager retreats being held at the camp approximately one weekend per month during the winter. Shields stated their goal is to • upgrade the camp, with the next phase of the project being remodeling of the dining hall and construction of a new entrance into the hall. VOTE ON THE ABOVE MOTION: Ayes 3, Nays 0. (#6) #2571 DOUG AULT AND JIM GINTHER, 2739 SHADYWOOD ROAD - AFTER- THE -FACT VARIANCE — RESOLUTION NO. 4543 Jim Ginther, Applicant, was present. Weinberger stated the Applicants are requesting an after - the -fact variance to permit expansion of a parking area that's located off of Shadywood Road for a property containing two docks in the Narrows Dock area. We stated the resolution before the City Council contains a couple of provisions which the Applicants have agreed to. The Applicants have agreed to work with the adjacent property owners to see that adequate vegetation and screening be planted in the area as well as the parking area being relocated to allow for a five foot separation from the fire hydrant located on the property. Ginther stated he is in agreement with Staffs report, and requested the City Council approve the Resolution. Mayor Jabbour stated he personally recognizes that there are two docks on this property and in his view that is not an issue that needs to be addressed. Jabbour commented he has spoken with the • residents in this area and encouraged them to reach an acceptable agreement among themselves PAGE 5 . _. 0 MINUTES OF THE ORONO CITY COUNCIL MEETING October 23, 2000 *( #11) #2620 PAUL PUSCUZZI, 3320 NAVARRE LANE — AFTER -THE -FACT VARIANCE — RESOLUTION NO. 4548 Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4548, a Resolution approving a variance to allow placement of an accessory structure between the principal building and the front lot line where no accessory structures are normally allowed and 15 feet from the front lot line where 30 feet is required for the property located at 3320 Navarre Lane. VOTE: Ayes 3, Nays 0. *( #12) #2621 JAMES BARTH, 3725 TOGO ROAD — PRELIMINARY PLAT — RESOLUTION NO. 4549 Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4549, a Resolution approving preliminary plat subject to the conditions outlined in the Resolution. VOTE: Ayes 3, Nays 0. *( #13) #2624 ROGER OLSEN, 815 PARTENWOOD ROAD — RENEWAL VARIANCES — RESOLUTION NO. 4550 Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4550, a Resolution granting renewal of variances to allow the remodeling and expansion of the • existing residence to include a four stall garage and additional living space for property located at 815 Partenwood Road, subject to the conditions outlined in the resolution. VOTE: Ayes 3, Nays 0. �J ( #14) WILLMAR THORKELSON, 440 BIG ISLAND, AFTER- THE -FACT VARIANCE Mrs. Willmar Thorkelson and John Waldron, Attorney -at -Law, were present. Bottenberg stated the Applicants have requested an after - the -fact variance to permit a 12' by 24' storage shed to remain on this property located on Big Island. The shed is currently located 23 feet from a platted, dedicated right -of -way where 30 feet is required. The Planning Commission voted 3 to 3 on a motion to recommend denial of the variance*to permit the storage shed to remain on the property. It was the opinion of the Planning Commission members favoring denial that permitting the storage shed to remain would set a negative precedent. The Planning Commission members would not have voted for the plan as is, but would favor the "size of the shed be decreased or moved to meet the required setback. It was the opinion of the Planning Commission members favoring variance approval that permitting the storage shed to remain was acceptable because only a small portion of the storage shed was in the setback. The platted, dedicated right -of -way is not and is not intended to be developed street within Big Island and because the building is in the most appropriate location on the lot because of the topography. PAGE 7 E MINUTES OF THE ORONO CITY COUNCIL MEETING October 23, 2000 ( 416) #2630 GREGG AND STEPHANIE LARSEN,1380 REST POINT ROAD — VARIANCES — RESOLUTION NO. 4552 Gregg and Stephanie Larsen, Applicants, were present. Weinberger stated this application is two -fold. The Applicants are requesting a conditional use permit to replace some existing retaining walls. Currently there are three retaining walls located within the 0 -75' setback. The Applicants are proposing to combine the upper two walls as one and to keep the lower one, which is closer to the lake, making two walls rather than the three that currently exist. Since retaining walls are considered hardcover, a variance is needed to permit hardcover within the 0 -75' setback area. The Applicants are also requesting a hardcover variance to permit construction of a brick patio on the lakeside of the existing residence replacing a wood deck that the Applicant has already removed. The Planning Commission has reviewed this application at their last meeting, with the intent of the Planning Commission being to start with the total hardcover amount that existed on the date of the survey, subtract out the portion that is existing landscape plastic /fabric, which the Applicant must remove, and add back the amount of deck square footage that was removed prior to the survey. Weinberger stated the amount of hardcover that exists today, minus the landscape fabric, consists of 4,084 square feet on the property. Added to that figure was 135 square feet for the deck that had been removed. The Planning Commission had incorrectly stated that the amount of • hardcover to be allowed would be 4,506 square feet, which in fact the calculation results in a hardcover allowance of 4,219 square feet. Weinberger stated the motion in the draft minutes of the Planning Commission was to allow hardcover in the 75 -250' zone at a level of 4,506 square feet or 49.8 percent. The motion was to approve Application #2630 for Gregg and Stephanie Larsen, 1380 Rest Point Road, a variance to build a patio no bigger than was previously on the property. We're approving a variance, basically a hardcover variance, not to exceed 4,506 square feet in the 75 -250' and to approve the variance in the 0 -75' up to 882 square feet. This motion does include the removal of all the landscape fabric on the property. The motion was modified to add the six recommendations from the City Engineer's letter and submittal of a landscape plan for screening of the retaining walls. The motion was approved on a vote of 5 -0. Weinberger stated during the discussion regarding the amount of hardcover on the property, the Applicant inquired whether he would be able to trade existing driveway in exchange for a larger patio than 135 square feet. The Planning Commission did not give clear direction in this regard. Staff is suggesting that it would be inconsistent to allow such a driveway for deck tradeoff when hardcover is so excessive on the site. The Applicants have recently purchased the property, with this site having received a variance back in 1987 to allow a room and attached garage addition. Hardcover allowed by that variance in the 75 -250' zone was 2,833 square feet for the house /garage /porch, 810 square feet for driveway, and 100 square feet for landscape areas, for a total of 3,743 square feet. The existing house/garage /porch has not changed significantly except for removal of the 135 square foot deck, Is with the existing driveway having been increased from 810 square feet to 1,299 square feet without PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING October 23, 2000 ( #2630 Gregg and Stephanie Larsen, Continued) Flint moved, Sansevere seconded, to direct Staff to draft a resolution approving the the variance for land alterations within 75' of the shoreline, hardcover within 75' of the shoreline, and a conditional use permit for land alteration to replace the existing retaining walls. Larsen inquired whether the Council could approve the resolution tonight to enable them to commence work. Flint stated the resolution will be voted on at the next City Council meeting. Larsen inquired whether it was possible to revise the resolution before the Council tonight and to delete the items relating to the patio. Mayor Jabbour stated he will continue this item to allow the Applicant to speak with City Staff. ( #28) LONG LAKE FIRE STATION REPLACEMENT — RESOLUTION NO. 4558 Mayor Jabbour stated he met with the Fire Department and informed them of the concerns the City of Orono has regarding the proposed location in Orono for the new fire station. • Sansevere inquired whether the Long Lake Fire Department was prepared to okay a site in Orono. Mayor Jabbour stated they were prepared to finalize and go to a public information meeting to finalize the Brown Road site. Jabbour stated the City has taken the position that they would like the Fire Department to explore other sites. Jabbour indicated the City of Orono would like to continue to work with the Long Lake Fire Department in finding a suitable site for the new facility, and that perhaps this position should have been made clearer to the committee prior to this time. Sansevere stated he will not support any site for the new fire station if the people who reside on that site are opposed to the taking of their land. Mayor Jabbour stated he did relay those same thoughts to the residents, and in his view the City Council is united in allowing the residents to retain their property. Jabbour noted 100 percent of the City Council members were supportive of those residents in a recent work session. Flint commented he is in agreement with the affected residents, and stated that unfortunately this is being perceived as a negative position by the Orono City Council. Flint stated the City of Orono is interested in the site that is to be chosen, noting that the City incurs approximately 70 percent of the costs. Mr. Callahan stated in his view the City Council is taking the right position on this matter and that the City should enter into negotiations regarding the new fire station since Orono does pay a • significant portion of the costs for the fire department. Callahan stated the City of Orono should PAGE 11 • MINUTES OF THE ORONO CITY COUNCIL MEETING October 23, 2000 *( 918) EXTENSION OF HENNEPIN COUNTY ELECTRONIC PROPERTY DATABASE AGREEMENT — RESOLUTION NO. 4553 Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4553, a Resolution Authorizing the City of Orono to extend an agreement for the use of Hennepin County's Electronic Proprietary Data Base. VOTE: Ayes 3, Nays 0. "( #19) NAVARRE PARKING LOT ASSESSMENT — RESOLUTION NO. 4554 Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4554, a Resolution adopting the assessment roll for the Navarre parking lot paving project. VOTE: Ayes 3, Nays 0. ( #20) REQUEST FOR PAYMENT — WILLOW VIEW SUBDIVISION Gappa stated this is a request for payment on the Willow View Subdivision. Flint stated his only question regarding this item relates to the procedure. Flint noted the Staff memorandum indicates the developer has paid a park dedication fee for the subdivision, with the payment being reimbursed for the public trail costs. Flint stated in the past the City • has not reimbursed the developer but merely used the park dedication fee as an offset. Gappa stated they were unsure what the costs were going to be at the outset, and the developer suggested they pay the fee upfront so they could begin work on the project with the City later. reimbursing them if there was an overage. Flint moved, Sansevere seconded, to approve Request for Payment, Willow View Subdivision to the Bancor Group in the amount of $69,214.16. Sansevere stated he personally is not in favor of giving a reimbursement and that perhaps the City should review how this situation should be handled in the future. Nloorse stated some cities have a separate fee for parks and a fee for trails. Mayor Jabbour stated the City needs to adopt a trail plan in order to be able to charge a trail fee. VOTE ON THE ABOVE MOTION: Ayes 3, Nays 0. *( #21) CHANGE ORDER #1— NAVARRE PARK IMPROVEMENTS Flint moved, Sansevere seconded, to approve Change Order Number 1, Navarre Park improvements for Koolmo Construction, in the amount of $1,135. VOTE: Ayes 3, Nays 0. PAGE 13 r* • MINUTES OF THE ORONO CITY COUNCIL MEETING October 23, 2000 ( #29) SPECIAL ASSESSMENT DEFERRAL APPLICATION FROM WEBBER HILLS SANITARY SEWER PROJECT — RESOLUTION NO. 4559 Sansevere moved, Jabbour seconded, to approve and adopt RESOLUTION NO. 4559, a Resolution approving a special assessment deferement for Ruth A. Vickerman, 800 Brown Road South, for the Webber Hills sanitary sewer project in.the amount of $19,250 for a period of five years. VOTE: Ayes 3, Nays 0. (Recess taken from 8:58 p.m. — 9:07 p.m.) ( #16) #2630 GREGG AND STEPHANIE LARSEN,1380 REST POINT ROAD, CONTINUED, VARIANCES — RESOLUTION NO. 4552 City Attorney Tom Barrett stated the Applicants would like to withdraw the portion of their application dealing with the hardcover variance for the patio area, with City Staff submitting a letter for their signature to that effect. Barrett stated the revised resolution before the City Council only deals with the retaining wall portion of their application. Mr. And Mrs. Larsen indicated they are in agreement with the withdrawal of the portion of their application dealing with the patio area. • City Attorney Barrett stated they will need the letter prior to the next City Council meeting. Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4552, a Resolution approving a variance for land alterations within 75' of the shoreline, a harcover variance within 75' of the shoreline, and a conditional use permit for land alteration to replace existing retaining walls. VOTE: Ayes 3, Nays 0. r1 LJ CITY ATTORNEY'S REPORT City Attorney Tom Barrett had nothing to report. *( #30) LICENSES None *( 431) BILLS Flint moved, Jabbour seconded, to approve payment of the All Funds Account. VOTE: Ayes 3, Nays 0. PAGE 15