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HomeMy WebLinkAbout03-12-2001 Council MinutesORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2001 ROLL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jim White, Jay Nygard, and Bob Sansevere. Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Planning Director Michael Gaffron, Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Council Member Richard Flint was absent. Mayor Peterson called the meeting to order at 7:02 p.m. 1. Park Commission Interview Susan Moseley was interviewed for the Park Commission position. She stated she was interested in volunteering. She felt Orono is blessed with its parks, but many are virtually unknown. The parks need more promotion and a comprehensive plan should be developed for long range growth. Mayor Peterson asked her if she was familiar with the parks section of the Comprehensive Plan. She stated she was not. • White asked how she felt about trail development. Moseley stated that trail access was critical to connect people and places within the community by a means that is safe and recreational. White asked her about the Highway 12 corridor. She stated she is aware that it eliminates some parks and feels that parkland should be replaced. Nygard asked what she sees as the role of the Park Commission in relation to the City Council. She stated the Park Commission represents a segment of the community and its job is to communicate between the community and the Council. Sansevere asked how she would promote the parks. Moseley stated she would encourage people to leave their neighborhoods by organizing and advertising events to draw people to the parks. Sansevere asked about her fundraising ideas. She stated she would work at the neighborhood level by involving people and letting them draw in friends. Sansevere asked if she gave priority to specific projects. She stated the railroad trail from Wayzata to Hutchinson was important to her, also she would like to see community enhancing projects such as an outdoor skating rink, soccer fields, and a gazebo. CONSENT AGENDA ORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2001 • 2. Approve /Amend Items 6, 7, 10, 11, and 12 were added to the Consent Agenda. White moved, and Sansevere seconded, to approve the consent agenda as amended. Vote: Ayes 4, Nays 0. APPROVAL OF MINUTES *3. Regular Council Meeting of February 26, 2001 White moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of February 26, 2001. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — PAULINE BOUCHARD, REPRESENTATIVE Bouchard stated that the Park Commission was approached by an Eagle Scout who • volunteered his troop to construct benches at Antoine and Navarre Parks. The City would pay for the materials, but the Scouts would construct and anchor the benches, making sure they would be ADA compatible. The Commission discussed having the Scouts lead other troops or citizens in the extensive plantings at Navarre Park as another community service project. Sledding at the golf course has been successful. The landscaping for Navarre Park was recently highlighted in the City's newsletter. The Commission was recently invited to meet with Senator Jeff Johnson at the Capital this week. They would like to meet with him to raise concerns. They discussed pedestrian traffic around Navarre Park. Drew McDermott discussed the aesthetics of the Highway 12 corridor with regard to design materials and construction of berms. Gappa presented proposals for the Lurton and Carlson properties after the Highway 12 relocation is completed. Access to the Carlson property should be a city road so people don't have a problem gaining access to the park. The Commission also discussed the holding pond Mn/DOT proposed for the Carlson property. They feel the money received for Mn/DOT being able to build the pond should be put into a trust fund for future improvement to City parks and trails. The slide presentation of lake access points will be ready to present in April. 0 White asked what troop the Scout was from. Bouchard stated it was the Long Lake troop. White suggested that if the Commission meets with Jeff Johnson, they take a list of issues facing the City and use the opportunity to mention them to the senator. 2 ORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2001 • PARK COMMISSION COMMENTS—PA ULINE BOUCHARD, REPRESENTATIVE — Continued Nygard asked about the cost of the benches. Gappa stated they would run about $400 each. PLANNING COMMISSION COMMENTS None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT 4. 42640/2641 Orono Ambar, LLC, 2060 Wayzata Boulevard 1. General Concept Plan Approval — Resolution No. 4619 • Michael Pahg of Great Lakes Management Company was present representing Mr. Dunbar. Weinberger stated that the applicant reduced the size of the retaining wall to about 75 feet long with an average height of about 2 feet. The primary change in the plans was to separate the outgoing traffic from the incoming traffic and parking lot area in front of the senior building. They angled the parking and made the traffic lane one way to reduce the width of the lot. The service road was made one way and exit only. The City's traffic engineer requested the following additional items: • Restriping for a right turn lane and acceleration lane on Highway 12 • A 14 foot width for each lane of traffic on the service drives • A 90 degree access to the underground parking to improve site lines • "One way — do not enter" signs at the west end of the parking area and east end of the service road, and stop signs at intersections within the service drive area • Snow storage areas. Weinberger stated that there would be more screening in front of the office building's underground parking access. Some day the service road may connect to Brimhall Avenue. He stated the current resolution does not approve rezoning at this time, but does list the rationale behind approving the rezoning when the final site plan approval is given. • Staff recommended approval of the resolution. 3 0 ORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2001 4. #264012641 Orono Ambar, LLC, 2060 Wayzata Boulevard 1. General Concept Plan Approval — Resolution No. 4619 -- Continued Sansevere thanked the applicant for addressing the City's concerns. Barrett suggested that on page 12 of the resolution, item 5, the word "granted" should be changed to "considered" in: Such approvals shall only be considered when the City Council finds that... White moved, and Sansevere seconded, to adopt Resolution No. 4619 as amended, approving the General Concept Plan for development of a 62 unit building for senior housing use and 23,000 s.f. general office building on property located at 2060 Wayzata Boulevard. Vote: Ayes 4, Nays 0. 2. Fees Gaffron stated that the Council had considered deferring certain up -front charges and development fees for the Dunbar senior housing project in exchange for guarantees that the use of the site and building would remain as senior housing for as long as possible. The deferred amounts plus interest would have to be paid back to the City if the use becomes other than senior housing. Gaffron suggested that total park fees for the senior housing would be $192,200, with $31,000 paid up- front, and $161,200 deferred. The total sewer and water connection charge would be deferred at an amount of $40,838. Barrett stated that Gaffron was looking for conceptual approval and his report would still have to be reduced to contractual terms. Mayor Peterson questioned the 20 year affordable rental rates. Moorse explained that the affordable rental rates would be in place for 20 years (the TIF period), but the property would have to be maintained as senior housing for 40 years (the life of the HUD bond guarantee). Mayor Peterson asked about Mr. Dunbar's position in regards to the deferral. Gaffron stated he was in favor of the deferral. Barrett suggested Council grant conceptual approval for the proposal subject to the final agreement. White moved, and Sansevere seconded, to grant conceptual approval to the Sewer and Water Connection Charges and Park Fees. Vote: Ayes 4, Nays 0. 4 ORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2001 • 5. #01 -2661 Thomas and Ingrid Anderson, 3550 North Shore Drive— Variances- Resolution No. 4618 Sansevere stated he would have placed item 5 on the Consent Agenda, but for one question. He asked if the change in the side setback from 10 feet to 9.5 feet was a misprint. Weinberger stated that the Resolution does require a 10 foot setback. The applicant stated that the 9.5 foot setback was a misprint and was changed to 10 feet, but the surveyor must have delivered the wrong drawing. Sansevere moved, and Nygard seconded, to adopt Resolution No. 4618 granting variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to permit 4,551 s.f. (41 %) hardcover in the 75 – 250' lakeshore setback where 4,687 s.f. (42 %) currently exists and 2,775 s.f. (25 %) is allowed; and Section 10.56, Subdivision 16(C)(6) and Section 10.22, Subdivision 1(B) to permit an encroachment into the average lakeshore setback on the north side of the house to construct a new fence exceeding 3 Y2 feet in height. Vote: Ayes 4, Nays 0. *6. #2656 Surface Water Management Plan — Update The Mayor /Council and Public Service Director's Reports appear after item 9. • 9. Coffee Channel Snowmobile Access Moorse stated that the property owners at 1998 and 2000 Shadywood Road were concerned with the number of snowmobiles using the lake access between their houses. Since the ice through Coffee Channel became unsafe, use of the lake access has increased dramatically. Chief of Police Stephany Good stated that the main issues facing the homeowners were noise, safety, quality of life, and continued use and ownership of the properties. The issue facing the snowmobiling population was safe access between the bays. The public safety issues were the safety of snowmobilers, and safety and noise concerns regarding the homeowners. She stated that the Coffee Channel seldom freezes over and some snowmobilers try to skip water to cross the channel, and sheriff's deputies pull about 10 snowmobiles out of the channel each year. Chief Good suggested several solutions. 1) The City could post signs saying that the access is for emergency use only, which would likely cause more snowmobilers to attempt crossing the channel, or it would divert traffic to other access points to the north and south of the access in question. Signs that restrict use could draw attention to the fact that the access is a City road and result in more use of the access point year round. The police find it difficult to enforce snowmobile regulations because they do not have a chase vehicle. She stated snowmobile use is restricted between the hours of 11:00 p.m. • 5 ORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2001 • 9. Coffee Channel Snowmobile Access — Continued and 7:00 a.m. The police could attempt to more aggressively enforce the restriction. 2) Post use restrictions limiting use to between 8:00 a.m. and 6:00 p.m., which could also divert traffic and fleeing vehicles could easily escape. 3) Block or close the lake access to all snowmobile traffic, which could also divert traffic. 4) Continue to allow snowmobile use on the lane, which would not address the neighbors' concerns. 5) Seek a long -term solution to snowmobile use through coordinated efforts of the LMCD, public safety organizations, and snowmobile organizations. 6) Vacate City ownership and control of the access road, which would go against the current City Community Management Plan and an existing Supreme Court ruling. 7) Outlaw use of snowmobiles in Orono except for marked trails, which would create a great deal of dialogue among snowmobile users. Chief Good also stated the Fire Department uses lake access roads when necessary to use lake water in fire fighting. Sergeant Brad Erickson of the water patrol stated they would like to see the access road kept open for snowmobile use to prevent them from using Coffee Channel. He suggested regulating use with signs and enforcement. • Sansevere asked about bridging through the channel. Chief Good stated it is possible to construct a floating bridge, but she did not know how or at what cost. She stated she could only outline the issues and guarantee the police would enforce whatever regulations the Council proposes. Sansevere asked if the City would be responsible for the cost of a bridge. Moorse stated the LMCD would be responsible, since it would be on water. McDermott stated that the LMCD considered a bridge a few years ago and was not in favor of it because of having to install and remove it each season. Nygard stated that local snowmobile clubs would probably be happy to take care of the bridge. Steve Soltau, son of the Soltaus at 1998 Shadywood Road, stated that snowmobilers crossing County 19 are also at risk of being injured because of blind spots in the road. He plows the access road and leaves a small snow bank at the end of the lane as a sort of speed bump, but it does not help reduce speeds through there. Council discussed the legality of crossing a road on a snowmobile. Chief Good stated that recreational vehicles may cross a road at a 90 degree angle. It is not legal to drive on the right -of -way on a country road, but snowmobiles may ride in the ditch. Sansevere proposed making the access road a reduced speed zone or closing it as a short- term solution. White stated he was concerned with children playing near the lane. The Soltaus and Kirchners stated they are concerned with being hit by snowmobiles when in their yard, 0 ORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2001 • 9. Coffee Channel Snowmobile Access — Continued and are concerned with hitting a snowmobile with their cars when entering or exiting their driveways because they cannot see snowmobiles traveling through there. Council discussed gating the road, but feared snowmobilers would be hurt by running into it. Chief Good stated that closing the road would displace traffic to other access points and was not a long -term solution. Gappa suggested closing the road and blocking it with large, orange, reflective barricades that are well -lit. Mayor Peterson asked the members of the press to announce the closing, and Moorse stated the City would issue a press release to inform snowmobilers of the closing. Sansevere moved, and White seconded, to adopt a resolution authorizing staff to immediately close the lake access road to all traffic except emergency vehicles, and to barricade it with highly visible materials and lights. Vote: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT None. • PUBLIC SERVICE DIRECTOR'S REPORT *7. Orono Orchard Sanitary Sewer Project Change Order Hl White moved, and Sansevere seconded, to approve Change Order Number 1, Orono Orchards Sanitary Sewer project in the amount of $50,678.50 to Widmer, Inc. for installation of the Hamm Sanitary Sewer service. Vote: Ayes 4, Nays 0. 8. No Parking Zone on County Road 51 East of Noerenberg Bridge — Resolution No. 4622 Gappa stated that the Council recently approved the installation of "No Parking Vehicles with Trailers, Tow Away Zone" signs for the area east of Noerenberg Bridge because of safety concerns. A resolution was sent to Hennepin County for approval. They felt the resolution was discriminatory and stated the City should have open parking or no parking. The County may be willing to reconsider their position if more detailed findings of traffic safety concerns are included in the Council resolution. Staff revised the original resolution to include detailed safety concerns. The resolution requests signs on both sides of County Road 51 from the Noerenberg Bridge to 1,500 feet east of the County Road ORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2001 • 8. No Parking Zone on County Road 51 East of Noerenberg Bridge Resolution No. 4622 -- Continued 51 /County Road 84 intersection, and on both sides of County Road 84 from the same intersection to 1,500 feet north of the intersection. Nygard suggested that car- trailer traffic be directed to the Lake Minnetonka Regional Park lot when other parking is full. Mayor Peterson asked if Orono meets the trailer parking requirements according to the LMCD. Moorse stated Orono does meet the LMCD requirements. Mayor Peterson suggested encouraging people to contact other cities and asking them to improve their parking situations. Sansevere asked Chief Good if she had a recommendation on the matter. She stated she has not yet spent a summer in Orono as police chief, but the police would enforce whatever the Council decided. Gappa stated that if Hennepin County agrees to the new resolution, they hope to have signs up before boating season opens. • Sansevere suggested that for the first few weeks after the parking restriction is applied, violators be given a warning. White moved, and Sansevere seconded, to adopt Resolution No. 4621 relating to parking restrictions on County Road 51 and County Road 84. Vote: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT *10. Amend Annual Appointments— Resolution No. 4621 White moved, and Sansevere seconded, to adopt Resolution No. 4621 amending selected appointments for the year 2001. Vote: Ayes 4, Nays 0. *11. Schedule TIF Hearing— Resolution No. 4623 White moved, and Sansevere seconded, to adopt Resolution No. 4623 calling for a Public Hearing on the proposed establishment of Development District No. 1 and Tax Increment Financing District No. 1 -1. Vote: Ayes 4, Nays 0. 8 ORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2001 *12. 2001 Insurance Award and Resolution to Not Waive the Statutory Tort Limits for Insurance Purposes — Resolution No. 4620 White moved, and Sansevere seconded, to award the 2001 insurance package effective January 1, 2001 to the League of Minnesota Cities Insurance Trust for the worker compensation coverage, $49,778; for the comprehensive municipal property and casualty package, $87,410; for the umbrella excess liability, $18,903; for the petrofund reimbursement, $246; for the open meeting law, $821; for the boiler and machinery, $1,530; for the surety bonds, $923; and for the golf course liquor liability, $617. Vote: Ayes 4, Nays 0. White moved, and Sansevere seconded, to adopt Resolution No. 4620 making a selection to not waive the statutory tort limits for liability insurance purposes. Vote: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT None. 0 *13. LICENSES 0 White moved, and Sansevere seconded, to approve the following licenses. Vote: Ayes 4, Nays 0. RESIDENTIAL KENNEL LICENSE David, Heidi and Woody Hust 45 Smith Avenue 2. Tris Struble Klohn 4455 North Shore Drive SPECIAL EVENT PERMIT Applicant: Clyde Gates Event: Foot Race Location: Wayzata Central Middle School to Luce line and approximately 4 %2 miles out Date: April 14, 2001 Time: 8:30 a.m. — 10:30 a.m. 6 ORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2001 0 SPECIAL EVENT PERMIT — Continued 0 • 2. Applicant: Rick and Gail Luzaich Event: Bar -B -Q and Picnic Location: 2490 Old Beach Road Date: June 16, 2001 Time: 1:00 P.M. –10:00 P.M. SET -UP LICENSE Dan Scherven Navarre Lanes, Inc. 3435 Shoreline Drive *17. BILLS White moved, and Sansevere seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. Fire Station Presentation Gabriel Jabbour and Jim Murphy presented information about the fire station to the Council. They met with Long Lake officials on Sunday. Jabbour stated that the fire station committee has an appropriate site selected with zero condemnation, at a moderate price, and agreement from Mn/DOT for around $3.5 million for the construction of the fire station. He stated if Long Lake and Orono couldn't agree on the station's size and cost, all of the work to date could prove useless. He recommended to Council that the station should be built as proposed to prevent an argument. He stated that ownership is a major issue for Long Lake. He felt Orono and Long Lake should own the station jointly. Murphy stated that the Long Lake Council felt Orono was adamant about the maximum cost of the station. He stated he called Sunday's meeting simply because he wanted to keep the dialogue open. The deal with Mn/DOT on replacement cost should be completed before more work is done. The cities should come together on the Mn/DOT payment of around $2.5 million. Mn/DOT would like to finish the project, and the cities are losing interest on the money by not having an agreement in place that enables Mn/DOT to release the money. 10 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 • Fire Station Presentation — Continued Jabbour stated that Long Lake believes the money belongs solely to them and Orono should have no ownership of the site, and the Long Lake attorney agrees with them. The ownership issue should be dealt with before the Mn/DOT money issue is settled. Nygard and Sansevere stated they found it difficult to approve the plans when they were not presented with any alternatives to consider, or any evidence that the proposed plan was the best option available. Jabbour stated he regretted that Flint was not present for the discussion. He stated the options available to the Council were to 1) let Long Lake build the station as they see fit, 2) to give them the $680,000 they requested but state the station is not to exceed that amount, and 3) to get a commitment that Orono would be a partner in making sure the plans do not exceed the agreed to amounts. He did not feel that Long Lake should own the station when it would be in Orono. Mayor Peterson stated that she, the mayor of Long Lake, and several staff members would be meeting with a third party consultant about the fire station. She stated that the issues of ownership and the waiver were topmost priorities. . Jabbour suggested passing a resolution stating the Council would endorse the cost discussed at the joint meeting, would work on the ownership issue with Long Lake, and would not allow a building in Orono that Orono does not own in part. White and Sansevere expressed they took issue with being asked to accept a 25% budget increase and make a decision on the spot without knowing if that was truly the best option. Sansevere stated he supported the work Gabriel Jabbour and Mike Bash were doing as the Cities' representatives. Jabbour asked if he could report to the fire chief that Orono would consider the higher proposed cost. The Council agreed they were willing to negotiate. He stated the cities should 1) agree to the proposed building up to 20,000+ s.f., 2) agree on a cost cap and agree to spend less money if possible, 3) agree to joint ownership, 4) agree to work together on the design of the station. Barrett stated that the Mn/DOT money should be put in escrow and unless all three parties agree on its use, the money cannot be spent. Moorse stated that the cost cap of $680,000 would be subject to an ownership agreement being made. He suggested that any money not spent on the station from the cities' contribution to the total cost be put in a fund for the future purchase of equipment. 11 ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 • Fire Station Presentation — Continued Nygard moved, and Mayor Peterson seconded, to direct staff to draft a resolution stating that Orono would agree to the proposed building up to 20,091 s.f. and a budget that is not to exceed a cost to the cities of $680,000 subject to all parties involved agreeing on an acceptable joint ownership between the cities, and Orono will be involved in the design of the station, also, any money saved from the cities' expenditure should be put into a fund for the purchase of equipment in the future. Vote: Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned at 10:00 p.m. ATTEST: Lm a S , L 0C • 12 Barbara Pet rson, Mayor