HomeMy WebLinkAbout11-13-2000 Council MinutesCity Council Meeting
November 13, 2000
ORONO CITY COUNCIL MEETING
` NOVEMBER 13, 2000
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 Attorney Tom Barrett City
Administrator Ron Moorse, 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 7:02 p.m.
CONSENT AGENDA
1. Approve /Amend
Items 6, 11, 12, 15, 16, 17, and 19 were added to the Consent Agenda. Items 10 and 22,
the Home Occupation Licenses, were removed from the Consent Agenda.
Sansevere moved, and Peterson seconded, to approve the consent agenda as
• amended.
Vote: Ayes 5, Nays 0.
APPROVAL OF MINUTES
*2. Regular Council Meeting of October 23, 2000
Sansevere moved, and Peterson seconded, to approve the Minutes of the Regular
Council Meeting of October 23, 2000 as presented.
Vote: Ayes 5, Nays 0.
*3. Council Work Session of October 26, 2000
Sansevere moved, and Peterson seconded, to approve the Minutes of the Council
Work Session of October 26, 2000 as presented.
Vote: Ayes 5, Nays 0.
RECOGNITION
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City Council Meeting
November 13, 2000
4. Recognition of Officer Mark Tomczyk— Resolution No. 4560
Moorse read the Resolution recognizing Officer Mark Tomczyk for twenty years of
dedicated service to the City of Orono on the Orono Police Department.
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Kelley moved, and Peterson seconded, to adopt Resolution No. 4560 recognizing
Officer Mark Tomczyk for twenty years of dedicated service to the City of Orono on
the Orono Police Department.
Vote: Ayes 5, Nays 0.
Mayor Jabbour stated that the Council would like to thank Officer Tomczyk for his
dedicated service to the City.
PRESENTATION
5. Melanie Deluca —Orono Area Sports Alliance
Ms. Deluca stated that the Orono Area Sports Alliance was designed to strengthen
community youth sports organizations, including the School District, volunteer youth
sports associations, and the Cities in the School District. The Alliance works to make
sports participation a positive experience for kids. They have invited all of the cities to
become members. She saw two benefits to cities: 1) the organization supports good
things for kids, and is therefore philosophically important, 2) it provides a forum to bring •
groups to one place at one time to discuss and resolve issues. The Alliance supports good
standards for kids in all of the joining organizations, encourage training for youth coaches
on safety and ethics issues, and they provide community outreach.
Flint stated he supports the organization, but did not agree with their voting policy,
especially the fact that the school district has 2 votes, and all other groups have 1. Ms.
Deluca stated that the voting is not intended to bind the owners of facilities to the wishes
of the Alliance. The goal is to help groups work to a consensus. She also stated that it
looks like the school has an extra vote, but in reality, one vote is for the school district
and the other is for volunteer sports programs that are not separate 501CYs, like
basketball, that are organized through the school district. Flint stated he felt the
document would be better without the provision for voting. Kelley and Mayor Jabbour
stated they agreed with Flint.
Ms. Deluca stated that the Alliance is working with surrounding school districts by
inviting anyone who wants to participate to come to their training sessions. Recently
they attended a session in Wayzata, and the Alliance is open to other groups attending
their functions.
Kelley asked if Orono is the first city that she's talked to about the program. Deluca
stated that two other cities have signed off on the Orono Area Sports Alliance
Agreement. Because of that, they can't remove the voting provision after the fact. She
S.
City Council Meeting
November 13, 2000
S. Melanie Deluca —Orono Area Sports Alliance — Continued
stated that Orono may choose not to endorse the document, or to rescind support later if
the Council doesn't approve of the way the group functions. She also stated she would
raise the voting issue to the group, and once it is functioning, they can change the voting
provision. The group is supposed to consist of representatives from each participating
organization or city, so it would be consistent.
Flint suggested that Orono could support the Alliance, and send a representative who
would not vote on any issues. Mayor Jabbour stated that he fears if the Alliance
members vote on something, the City would then feel obligated to follow through. Ms.
Deluca stated the Alliance will vote on internal issues that govern the running of the
organization, but would never infringe upon another group's rights.
Mayor Jabbour stated that although the Council disagreed with the voting provision and
would not have a voting representative, they support the Orono Area Sports Alliance
enthusiastically.
No action was taken.
PARK COMMISSION COMMENTS — PAULINE BOUCHARD,
REPRESENTATIVE
• Ms. Bouchard stated that the Park Commission is making progress in Navarre Park. The
equipment should be completely installed this year. The paving will probably not begin
until spring.
They have inventoried 38 or 39 lake access sites owned by the City. They will be able to
report to the Council in January or February. Some of the access points were
impenetrable from vegetation, the Commission will be returning to those sites to
photograph them in the winter, without the vegetation coverage. At some sites they
questioned the actual width of the access road. At other sites, adjacent property owners
have encroached on the access.
Mayor Jabbour stated that the Dakota Line has some opponents. Minnetonka Beach went
to the Lafayette Club and the Lafayette Club passed a resolution against it. Mayor
Jabbour stated he is grateful to the mayors of Minnetonka, Deephaven, and Minnetrista
for their support. He stated he was bothered that State Representative Tom Workman
took sides without discussing the issue with Orono. Mayor Jabbour has sent a letter to
the Commissioner of Transportation explaining the issue. He asked that the Park
Commission members also send letters in support of the Dakota Line project.
Flint asked Mayor Jabbour to continue working with the City on the Dakota Line after he
leaves office because of his background experience with it. Mayor Jabbour stated he
• would definitely continue his involvement in some capacity.
City Council Meeting
November 13, 2000
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PLANNING COMMISSION COMMENTS —DAN KLUTH, REPRESENTATIVE •
Kluth stated that the Commission has been working with Long Lake on a process to
develop a master plan and design standards for the downtown area and the commercial
area along Highway 12. Kelley asked about the relationship with Long Lake. Kluth
stated that Long Lake is currently fact - finding and polling citizens about the project.
Most of the citizens who attend the meetings own businesses along Highway 12 and are
in favor of a unified look, but are concerned about costs. Mayor Jabbour stated that the
current Highway 12 will be turned back to the County, and Orono should be working
with the County.
The Planning Commission has also been working on the new residential pla zed unit
development ordinance. The ordinance is to provide guidelines for a senior housing
development proposed for a piece of commercially zoned property. The ordinance would
allow the Council flexibility when discussing special housing plans. Mayor Iabbour
stated that the density of a development cannot affect height limits, thereby opening the
door on high -rise housing.
Kluth stated that the Planning Commission has seen a number of split votes on after -the-
fact variances because the Commission is torn between weighing individual :_sues,
versus sending a message to people who ignore building codes. The Commission
requested direction from the Council. He was concerned that if too many after- the -fact •
variances go through, it would encourage people to ignore the codes.
PUBLIC COMMENTS
None.
ZONING ADMINISTRATOR'S REPORT
*6. #2594 Jim Johnson, 2240 Fox Street — Preliminary Plat— Resolution No. 4561
Sansevere moved, and Peterson seconded, to adopt Resolution No. 4561 granting
preliminary approval for a two lot subdivision of property located at 2240 Fox
Street, owned by Jim Johnson, PID 03- 117 -23 -32 -0009.
Vote: Ayes 5, Nays 0.
*7. 92605 John Doleman,1680 Shadywood Road — Variances
Sansevere moved, and Peterson seconded, to send the application back to the
Planning Commission for review. '
Vote: Ayes 5, Nays 0.
City Council Meeting
November 13, 2000
• 8. #2626 William and Lynn Peterson, 420 Orchard Park Road — Variance and
Right -of -Way Vacation — Resolution No. 4562
Weinberger stated that William Peterson was present. The application requested a
variance to the 5 acre lot area requirement to permit construction of a new residence on
the property. The property is a vacant parcel without direct access to a road. Access to
the property would be via a 33 foot platted right -of -way that would be used for driveway
access to the property. Applicants also requested vacation of a portion of the platted
right -of -way that would not be used for driveway purposes.
Weinberger explained that staff recommended approval of the variance to permit the lot
to be considered a buildable lot that does not meet the 5 acre minimum lot size for the
RR- lA zoning district. The lot would meet the 5 acre minimum, except that the public
right -of -way reduces the lot size to 4.34 acres. Recommendation for approval is subject
to the following conditions:
Applicant shall receive approval from MCWD for the land alteration within a
wetland.
2. Final Grading Plan for the driveway shall be approved by the City of Orono.
3. Septic Sites shall be enclosed with a four foot orange snow fence prior to land
• alteration and grading on the lots as required by the On -Site Systems Manager.
4. Applicant shall enter into a Hold Harmless Agreement with the City of Orono for
the private driveway within the public right -of -way and agree that others
requesting use of the public land can share a driveway if required.
Staff recommended denial of the application for vacation until the property to the north is
developed and legal access is secured to all properties.
Mr. Peterson stated that lot 7. ,N-hich is adjacent to his lot, would have nowhere to locate a
driveway if the public right -of -way is vacated. He has spoken to his neighbor and offered
an easement through his property for his neighbor's driveway. His neighbor is not
opposed to vacating the roads. He stated that they had held a public hearing and the only
person who showed up was his neighbor to the north, who is in favor of vacation.
Mayor Jabbour stated that granting his neighbor an easement may not be possible
because once a number of lots are served by a common driveway, they are required to be
serviced by a cul -de -sac. Kelley stated he was in favor of keeping the City's options
open as to future road development in that area.
Mr. Peterson asked that condition 4 in the resolution, page 3 of 5, be reworded to read
that he agree to share driveway access in the public land, and not the portion of his
• driveway on his private property, because he felt the current wording did not differentiate
City Council Meeting
November 13, 2000
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8. #2626 William and Lynn Peterson, 420 Orchard Park Road — Variance and
Right -of -Way Vacation Resolution No. 4562— Continued •
between the public and private land.
Flint moved, and Peterson seconded, to adopt Resolution No. 4562 granting a
variance to Municipal Zoning Code Section 10.27, Subdivision 5(B) to permit the
property to be a buildable lot where 4.3 acres exist and 5 acres are required for
residential use and denying vacation of platted right -of -way, with the change to
condition 4 stating that the right of the public to share his driveway shall only exist
in the portion of the driveway on land currently owned by the City.
Vote: Ayes 5, Nays 0.
X9. #2627 Willmar Thorkelson, 440 Big Island— After - the -Fact Variance
Resolution No. 4563
Sansevere moved, and Peterson seconded, to adopt Resolution No. 4563 granting a
variance to Municipal Zoning Code Section 10.31, Subdivision 8(C) to allow an
accessory structure to be located 23 feet from the platted street right -of -way where
30 feet is required.
Vote: Ayes 5, Nays 0.
10. #2628 Roger Anderson, 2200 Shadywood Road — Variances — Resolution No.
4564 0
Flint requested this item be removed from the Consent Agenda because he had a question
about the letter from the City Engineer suggestion plantings along the lake front, which
was not mentioned in the resolution. Gaffron stated that the letter was asking for a buffer
on the land consisting of 15 – 20 feet of unmowed vegetation along the shoreline. Mr.
Anderson stated that they will take proper erosion control measures during construction,
including a silt fence and a swale just outside the 0 – 75 foot zone. Kelley stated he was
not in favor of the vegetation, and that if the City wanted to encourage that form of
erosion control, it should be done city -wide as an ordinance. Flint stated he was
concerned that the recommendation was made, but not incorporated into the resolution.
Gaffron stated that was because there was no ordinance to support the recommendation.
Flint moved, and Kelley seconded, to adopt Resolution No. 4564 granting a variance
to Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow new residential
construction on a 0.38 acre lot where 0.5 acre is required and having a lot width of
52 feet where 100 feet is required.
Vote: Ayes 5, Nays 0.
x11. #2632 Temple Israel, 645 Tonkawa Road — Conditional Use Permit
Resolution No. 4565
Sansevere moved, and Peterson seconded, to adopt Resolution No. 4565 granting a is
City Council Meeting
November 13, 2000
*11. #2632 Temple Israel, 645 Tonkawa Road — Conditional Use Permit
. Resolution No. 4565— Continued
conditional use permit per Municipal Zoning Code Section 10.24, Subdivision 3(A)
to allow Temple Israel to receive a building permit for a new toilet /shower facility
with the condition a full CUP application for the Camp use of the property be
submitted prior to a Certificate of Occupancy being issued for the new building.
Vote: Ayes 5, Nays 0.
*12. #2642 James Barth, 3725 Togo Road —Final Plat of James Barth Addition —
Resolution No. 4566
Sansevere moved, and Peterson seconded, to adopt Resolution No. 4566 approving
the final plat of James Barth Addition, located at 3725 Togo Road.
Vote: Ayes 5, Nays 0.
13. Edward and Carol Callahan, 2545 North Shore Drive — Appeal of
Administrative Decision
Weinberger explained that Mr. Callahan contacted the City to explain he would not be
able to attend the City Council meeting and requested that the application be tabled and
placed on the agenda for the November 27`h meeting.
• Mayor Jabbour moved, and Peterson seconded, to table the item until the next City
Council meeting on November 27, 2000.
Vote: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Mayor Jabbour stated that when City Hall is allowed to be used for a meeting hosted by
an applicant, people tend to conclude the City is supportive of the application, when in
fact the City has not taken a stand on the issue. Mayor Jabbour suggested that a sign
should be posted as a disclaimer to the public, stating that use of the meeting room does
not indicate that the City supports the organizer's project or viewpoints. Kluth asked
why private developers don't use school meeting rooms for their neighborhood meetings.
They use the City Hall for their meetings because it looks official and gives people the
impression that the City is already in support of their project. Sansevere stated he doesn't
mind allowing everyone to use the room, as long there is a disclaimer made that the City
does not necessarily endorse their project.
Mayor Jabbour stated that he is concerned about the Highway 12 project in Long Lake,
because the Long Lake Mayor, City Council, and City Administrator will be changing.
The new Mayor, Council, and Administrator will not be aware of the history of the
project.
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City Council Meeting .8
November 13, 2000
PUBLIC SERVICE DIRECTOR'S REPORT
14. Old Crystal Bay Road (Orono Schools) Traffic Solution
Gappa stated that Shelley Johnson from Bonestroo Engineering was present to answer
questions. He explained that they conducted a peak hour study from 7:15 8:15 a.m.
They found that daily traffic does not warrant putting in a signal. The middle school loop
works well, as does the four -way stop sign, which keeps traffic moving, although slowly.
They considered a temporary stop sign, however State Statute 169.06 states that
temporary stop signs are only allowed for emergency purposes. He stated the school
district and the police approve of the four -way stop sign and have received no.complaints
about it. They considered using a signal that flashes during non -peak hours, however,
those aren't used anymore, and a regular signal is not warranted by the amount of traffic
along the road. Gappa concluded that they are currently using the best solution, and Mr.
Johnson agreed.
Mayor Jabbour stated that the school district is in favor of changing the road to a cul -de-
sac. He feels that is a poor solution. and noted that all of the engineers present nodded
agreement.
•
Kelley stated he is concerned the traffic vvill increase with the size of the schools. He
favored adding turn lanes to the road as shown in "Turn Lane Option 2," in the packet.
He suggested directing the school 'eoard to install the turn lanes. Flint stated he feels the is
current system works well for the present. Mayor Jabbour recommended sending a letter
to the school district reminding them that the four -way stop sign is currently functioning
well to regulate traffic, but the Cite- will continue to monitor traffic and the effectiveness
of the stop sign. Based on their conditional use permit, the school district may be called
on to install the turn lane system recommended in the future.
Sansevere moved, and Peterson seconded, to approve installation of a four -way stop
sign on Old Crystal Bay Road at the south middle/high school driveway, pedestrian
crosswalk, based on Stop Sign Warrant 2B -5 No. 1 in the Minnesota Manual on
Uniform Traffic Control Devices Manual, to approve installation of "No Passenger
Loading and Unloading" signs in the no parking area along Old Crystal Bay Road
in the vicinity of the Orono school's campus, and to instruct staff to send a letter to
the school district informing them that they may be required to install turn lanes in
the future per their conditional use permit.
Vote: Ayes 4, Nays 1 (Kelley).
*15. Request for Payment #6 -2000 Lift Stations Project
Sansevere moved, and Peterson seconded, to approve Request for Payment #6, 2000
Lift Stations Project to Ford Construction Inc. in the amount of S16,671.87.
Vote: Ayes 5, Nays 0.
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City Council Meeting
November 13, 2000
• *16. Request for Purchase of Gasoline Dispensing Pump
Sansevere moved, and Peterson seconded, to approve purchase of replacement
gasoline dispensing pump from Westside Equipment Company, Medina, Minnesota
for $3,375 to be funded from the 2000 Capital Outlay Fund with the appropriate
budget adjustment approved.
Vote: Ayes 5, Nays 0.
*17. Hennepin County Agreement for Property Information Data — Resolution No.
4567
Sansevere moved, and Peterson seconded, to adopt Resolution No. 4567 authorizing
the City of Orono to execute an agreement for the use of Hennepin County's
Property Information Data Base.
Vote: Ayes 5, Nays 0.
CITY ADMINISTRATOR'S REPORT
18. Year 2001 Non -Union Employee Cafeteria Benefit Plan Contribution
Flint stated that he kept this item off the Consent Agenda so that Council was aware of it.
Moorse stated that every benefit earning City employee receives the same dollar amount,
whether they have individual or family coverage, that can be used as the employee sees
fit.
Flint moved, and Kelley seconded, to approve a cafeteria benefit plan contribution
maximum of $410 per month for the year 2001.
Vote: Ayes 5, Nays 0.
*19. Renewal of the City's Participation in the Livable Communities Program
Resolution No. 4568
Sansevere moved, and Peterson seconded, to adopt Resolution No. 4568 electing to
continue participation in the local Housing Incentives Account Program under the
Metropolitan Livable Communities Act.
Vote: Ayes 5, Nays 0.
20. Robert Erickson Request for Full Turning Movement Access at Highway 12
West of Willow Drive
Kelley stated that he spoke to Walter Rockenstein to inform him that the Council would
support a left turn access on the south side of Highway 12 west of Willow Drive. Mr.
Rockenstein hired an engineer to study the proposed left turn lane. His engineer said
• there was enough room for a turn lane at Industrial Boulevard. The other option was to
City Council Meeting 10
November 13, 2000
20. Robert Erickson Request for Full Turning Movement Access at Highway 12
West of Willow Drive — Continued
put a frontage road in across the golf dome to Washington Scientific. Kelley stated the
frontage road would take a lot of cooperation from Long Lake. Orono would pass a
preliminary resolution indicating their support. Mayor Jabbour stated that the City
requires a letter stating that based on their support, Mr. Rockenstein and his client will
cease and desist efforts in opposition to the new Highway 12 project.
Mayor Jabbour directed staff to draft a letter for Mr. Rockenstein's signature, and
to prepare a resolution indicating the City's support for the concept of providing a
full turning movement access on Highway 12 west of Willow Drive that would serve
Mr. Erickson's property.
21. Scheduling of Council Work Session
The Council scheduled Work Sessions to be held at 5:30 p.m. on Monday November
27, 2000, at 7:30 a.m. on Thursday December 7, 2000, and at 7:30 a.m. on December
14, 2000.
CITY ATTORNEY'S REPORT
The City Attorney's Report appears after the Bills.
22. LICENSES
*ONE DAY GAMBLING — Resolution No. 4569
Orono Hockey Boosters, Inc.
Sunday, January 31, 2001
Sansevere moved, and Peterson seconded, to adopt Resolution No. 4569 approving
the application of Orono Hockey Boosters, Inc. for a one day off -site gambling
permit.
Vote: Ayes 5, Nays 0.
HOME OCCUPATION LICENSES
1. All -star Electric
(Electric)
Bob Meinhardt
3585 Sixth Avenue North
Long Lake, MN 55356
2. Guardsman Wood Pro
(Furniture Repair)
Bruce C. Mathison
5 Brown Road South
Long Lake, MN 55356
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City Council Meeting
November 13, 2000
3. L.A. Pilgram, D.C.
(Chiropractic Office)
LeRoy A. Pilgram, D.C.
1795 Shadywood Road
Wayzata, MN 55391
4. MiCasa Salon
(Hair Salon)
Jennifer L'Allier
2684 Lydiard Avenue
Excelsior, MN 55331
5. Nails by Ginger
(Nails)
Ginger Scott
2620 Kelly Avenue
Excelsior, MN 55331
6. Norum & Pearson, PA
(Law Firm)
Russell Norum
3264 North Shore Drive
Wayzata, MN 55391
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7. Small Parts Manufacturing, Inc.
(Machining Parts)
Charles and Ann Anderson
1295 Loma Linda Avenue
Orono, MN 55364
8. Waldron Law Offices, Ltd.
(Law Practice)
John B. Waldron
1951 Concordia Street
Wayzata, MN 55391
9. William Lewis Web
Development, LLC
(Internet Website Development)
William L. Leskinen
1225 Willow Drive North
Long Lake, MN 55356
Flint removed the Home Occupation Licenses from the Consent Agenda because he
noticed several license holders listed employees with different addresses than the home
occupation site. Kelley suggested calling in the applicants in question. Flint stated they
were all renewals, and he questioned how many employees they had in the past. Gaffron
stated that none of the applicants had generated complaints. Flint stated that passing the
renewals sets a precedent. Mayor Jabbour suggested making a conditional use permit to
amend the code so the City can decide who can have outside employees and who can't.
He suggested sending a letter to the applicants indicating they are in violation of the
Home Occupation licensing requirements.
Flint moved, and Kelley seconded, to approve the Home Occupation License
renewals of numbers 4. Jennifer L'Allier, 5. Ginger Scott, 7. Charles and Ann
Anderson, and 8. John Waldron.
Vote: Ayes 5, Nays 0.
Barrett stated that the City should set up two tiers of Home Occupation where those
applicants with all employees living on the premises receive a license, and those with
outside employees require a conditional use permit.
Mayor Jabbour directed staff to reconsider the Home Occupation licensing
procedure.
City Council Meeting
November 13, 2000
*23. BILLS
Sansevere moved, and Peterson seconded, to approve payment of the All Funds
Account.
Vote: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT— Continued
Mayor Jabbour stated that all the Exit signs in City Hall should be replaced with LED
lights because the current lights run hot enough to start fires.
Mayor Jabbour stated that he had several parents tell him they were offended that their
children could not hear the National Anthem because the DARE car was firing too
loudly.
CITY ATTORNEY'S REPORT
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Barrett stated that they have a judgment on the Luzaich matter, and he will arrange to
have it filed against the property. The judgment gives them replacement of the trees that
were cut, with one toward the middle moved to allow for a trail down to the lake; and
access to the property to ensure the trees remain healthy.
ADJOURNMENT
The meeting was adjourned at 9:48 p.m.
ATTEST:
Linda S. Vee, City Clerk Gabn 1 Jabbour, Mlkolr
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