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HomeMy WebLinkAbout03-26-2001 Council MinutesI 1 4 1 y . MINUTES OF THE / ORONO CITY COUNCIL MEETING MONDAY, MARCH 26, 2001 r1 U ROLL The City Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Richard Flint, and Jay Nygard. Council Member Jim White arrived at 7:15 p.m., and Council Member Bob Sansevere was absent. Representing City Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Planning Director Michael Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:02 p.m. CONSENT AGENDA 1. Approve /Amend Item No. 9 was added to the Consent Agenda. Flint moved, Nygard seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3, Nays 0. • APPROVAL OF MINUTES *( #2) Regular Council Meeting of March 12, 2001 Flint moved, Nygard seconded, to approve the minutes of the Regular City Council Meeting of March 12, 2001, as submitted. VOTE: Ayes 3, Nays 0. PARK COMMISSION COMMENTS — Irene Silber, Representative None PLANNING COMMISSION COMMENTS — Daniel Kluth, Representative Kluth stated he would be present at tonight's meeting to answer any questions the Council may have. LAKE MINNETONKA CONSERVATION DISTRICT — Lili McMillan, Representative McMillan addressed the City Council regarding the Lake Minnetonka Boat Use Study that has recently been completed by the LMCD. The study reflects that the average weekend boat use was 1,223, or one boat per 11 acres, with the average weekday use being 430 boats, or one boat • per 32 acres. McMillan noted rafting off of Big Island was included in this year's study. PAGE i MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, MARCH 26, 2001 (LMCD, Continued) McMillan reported 11 cities have now agreed to participate in the funding of the water patrol for the next two years. McMillan stated the LMCD will be drafting a joint powers agreement with Hennepin County regarding this venture, and will re- evaluate this issue in a couple of years. McMillan stated the LMCD is reviewing the situation at Fox Hill, which in the past has obtained a variance to allow 13 boats to be docked in this area. McMillan stated they are now requesting 16 boat slips for the upcoming boating season. The LMCD will be reviewing this situation to determine whether the lot needs to be developed in order to have a boat slip. McMillan stated the City of Orono in the past had entered into an agreement for one boat per developed lot, or a potential of 16 boats, which in her view appears to be an iron -clad agreement. McMillan stated she would keep the Council apprised of this situation. McMillan noted the LMCD passed a phosphorus -free resolution at their meeting last night to ban the sale of phosphorus fertilizer in the metro area. McMillan stated a couple of cities on the lake have already banned the use of phosphorus, but it is the opinion of the LMCD that a metro - wide ban would be less confusing and more effective than each individual city passing their own resolution. . L , 1 • McMillan stated it is her understanding that once phosphorus is in the lake, it is very difficult to remove. One of the options to remove phosphorus is to dredge the lake, which is very time - consuming and expensive, or to seal the bottom of the lake, which is not always very effective. • McMillan commented in order to protect the quality of the lakes in the area, the local residents need to become aware of the negative impact that phosphorus has on the water quality. Moorse inquired whether the LMCD has discussed Coffee Channel and any long -term solutions as it relates to snowmobiling. Moorse stated the City of Orono would like to protect the rights of the homeowners and the snowmobilers in this area. Moorse stated the suggestion of installing a floating bridge in the channel was discussed. Moorse stated the City of Orono would like the LMCD to address this issue. Gabriel Jabbour indicated the City of Orono did discuss this issue three years ago with the Sheriff's Department, who ruled out a floating bridge at Coffee Channel. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *( #3) #01 -2665 Y &A ARCHITECTS ON BEHALF OF GLEN AND MARILYN C. NELSON, 500 TONKAWA ROAD — VARIANCE — RESOLUTION NO. 4626 Flint moved, Nygard seconded, to approve and adopt RESOLUTION NO. 4626, a Resolution Granting a Variance to the Average Lakeshore Setback to permit the construction of a residential addition at the property located at 500 Tonkawa Road. VOTE: Ayes 3, Nays 0. • PAGE 2 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, MARCH 26, 2001 • *( #4) 901 -2666 GREG & JEWEL VITAS, 2800 COUNTRYSIDE DRIVE WEST — CONDITIONAL USE PERMIT — RESOLUTION NO. 4627 Flint moved, Nygard seconded, to approve and adopt RESOLUTION NO. 4627, a Resolution Granting a Conditional Use Permit to allow an accessory building to be constructed on the property located at 2800 Countryside Drive West, which is a through lot. VOTE: Ayes 3, Nays 0. *( 95) JOINT USE DOCK LICENSES — RESOLUTION NOS. 4628 - 4637 Flint moved, Nygard seconded, to approve and adopt RESOLUTION NOS. 4628 through 4637, directing Staff to issue joint use dock licenses to Big Island, Inc., Forest Arms HA, Sandy Beach, Carlson/Nelson/Gage, Bohns Point /North Shore Homeowners, Fox Hill HA, Minnetonka Power Squadron, Walters Port Maintenance and Improvement Association, Victoria Estates and Kelly Cove HA for the period of January 1, 2001 to December 31, 2001. VOTE: Ayes 3, Nays 0. MAYOR/COUNCIL REPORT Peterson reported a meeting has been scheduled for Friday with the Mayors, City Administrators, • and City Attorneys from Medina, Long Lake, and Orono, along with Fire Chief Steve Persian to discuss issues relating to the new fire station. Another meeting has been scheduled for April 9`h with Don Beckerning, State of Minnesota, and a representative from Krause Anderson to continue the discussion concerning the new fire station. Peterson stated hopefully after the April 9t' meeting the issues will be resolved and the cities can proceed forward on the new fire station. Flint inquired why Kelly and Jabbour, who are on the committee, will not be attending these meetings. Peterson stated the meeting has been scheduled with the mayors and city administrators, who will report back to the other committee members and Council members. Peterson indicated the people in attendance at these meetings will not be making any binding agreements relating to the fire station. Peterson stated it is her understanding that former City Administrator Sweeney will not be involved in these discussions after April V Flint commented in his view the committee members should be able to attend these meetings in order to maintain some continuity. Peterson stated it was decided that a smaller group may be better at this stage, with the people in attendance reporting back to the other parties. White suggested that some minutes of the meetings be taken. Nygard stated he would like to learn more about the concept of safety districts and fire districts • and whether they would be helpful to the City of Orono. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, MARCH 26, 2001 • (Mayor /Council Report, Continued) Gabriel Jabbour, 985 Tonkawa Road, expressed concerns that the price of the fire station is not being monitored closely enough. Jabbour noted the original price of the fire station was quoted as $120.00 per square feet, but following his review of the plan submitted by the architect, it appears the cost of the project is approximately $170.00 per foot. Jabbour urged the Council to monitor the costs of the project more closely. White stated typically in these types of projects a neutral expert will review the plans and specifications to insure that the prices being quoted are reasonable and fair. White stated they also review the plans to determine whether the items being quoted are stock items or whether they are special order items, which will increase the cost of the project. White stated normally a person who has a financial stake in the project is not put in charge, and that type of situation should be avoided. Flint stated it makes sense for the designer and the architect to work together to help keep the costs down. Flint suggested the idea of having an independent expert review the plans be discussed at the upcoming meeting. Mayor Peterson indicated she would bring up that idea on Friday. PUBLIC SERVICE DIRECTOR'S REPORT None CITY ADMINISTRATOR'S REPORT ( #6) LONG LAKE FIRE STATION — RESOLUTION NO. 4638 Moorse stated at its March 12`" meeting, the Council discussed a number of issues related to the design and funding of the Long Lake Fire Station, and directed Staff to draft a resolution outlining the parameters of the City's participation in the building and funding of the new fire station. Moorse stated those items have been incorporated into a resolution, which is before the City Council tonight. Mayor Peterson indicated she did read the resolution to the Mayor of Long Lake last night in order to inform her of what the Orono City Council was intending to do. Flint stated under Section 2.01, Item 4, it is his understanding the whole resolution is dependent upon an agreement being reached by the Cities of Long Lake, Medina, and Orono regarding the ownership of the fire station. Mayor Peterson indicated that was her understanding as well. Flint stated he does not have a problem with the resolution in light of that clarification. PAGE 4 • r • MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, MARCH 26, 2001 ( #6 Long Lake Fire Station, Continued) White suggested that some language regarding the funding from Mn/DOT also be included in the resolution. White recommended the funds be deposited as soon as possible into an interest bearing account. Moorse stated it was his understanding, following the conclusion of the last fire station meeting, that everyone was in agreement regarding the monies to be received from Mn/DOT. Moorse stated since that time there appears to be some misunderstanding relating to the funds; and if the resolution spells out a certain percentage that Orono is to receive, the Long Lake City Council may have some objection to that item. Flint stated that item in his view relates to Item No. 4. Jim Murphy, 30 Orono Orchard Road, stated the committee should do whatever it can to get the 2.48 million dollars from Mn/DOT, which was based on a number of factors. Murphy stated it was his understanding that that agreement did not include a percentage breakdown to each city. Murphy stated Mn/DOT entered into the agreement in a good faith effort in order to allow the cities to receive the money as soon as possible, and it would be up to the cities to determine how that money should be allocated. Murphy stated in his view taking a position regarding a percentage breakdown should be avoided at this time. • Moorse inquired whether it was White's suggestion that the money be put into an escrow account until the three cities decide on how it should be allocated. White stated that was his suggestion. Tom Barrett, City Attorney, recommended that type of language not be included in the resolution unless the exact percentages are known and agreed upon. Nygard commented in his view the three cities have managed to reach agreement on most of the major points involving the new fire station. Nygard encouraged the committee members to continue to move forward in a positive direction rather than focusing on the negatives. Gabriel Jabbour stated it would be in the best interests of the communities to get the money as soon as possible into an escrow account. Mayor Peterson indicated this item will be discussed at the meeting on Friday and that an agreement will be reached on the allocation of the money in the near future. Murphy encouraged the Council to continue to maintain the good will that has been established between the two cities. Mayor Peterson indicated that herself, Jim Murphy, Charles Kelley, and Gabriel Jabbour will continue to serve on this committee. • PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, MARCH 26, 2001 ( 46 Long Lake Fire Station, Continued) • Flint stated he would like to see language relating to the establishment of an escrow account included in the resolution. Flint stated he has a concern regarding the large turnover in the people involved in this project. Tom Barrett, City Attorney, inquired what the position of Mn/DOT will be if the three cities cannot reach agreement on the allocation of the money. Mayor Peterson stated if an escrow account is not established, the money will stay with Mn/DOT. Flint stated he would like to add a provision in the resolution relating to the establishment of an escrow account. Murphy encouraged the Mayor to proceed forward with the project and to reach agreement on the ownership of the new fire station as soon as possible. Mayor Peterson stated they are hoping to reach some kind of consensus by April 9`h. White stated if no agreement is reached in the near future, the City should consider passing a resolution to proceed with Plan B. Tom Barrett inquired whether the Council would like to see language included in the resolution to the effect that the cities will work together to get the monies from Mn/DOT into an escrow account as soon as possible. Flint suggested that language be added to Item No. 4, which states that any funds received from Mn/DOT for the new fire station be placed into escrow until such agreement is reached. Tom Barrett stated that would be acceptable. Nygard stated in his view that would encourage people to reach an agreement. White moved, Nygard seconded, to approve and adopt RESOLUTION NO. 4638, a Resolution Establishing the Parameters of the City of Orono's Participation in the Building of a New Fire Station to House the Long Lake Volunteer Fire Department, with the understanding that language will be added to Item No. 4 specifying that the Cities will - work together to get the monies from Mn /DOT into an escrow account as soon as possible. VOTE: Ayes 4, Nays 0. ( 47) NO PHOSPHORUS FERTILIZER — RESOLUTION NO. 4639 Moorse stated Staff has drafted a resolution in support of the City of Shorewood's efforts to ban the use and sale of phosphorus lawn fertilizers. Mayor Peterson inquired whether Otten Nursery will start to carry phosphorus -free fertilizer. . PAGE 6 • MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, MARCH 26, 2001 ( #7 No Phosphorus Fertilizer, Continued) Gaffron stated Otten has indicated he is in support of this action by the City Council. Gaffron stated it is his understanding Otten already carries phosphorus -free fertilizer and is willing to continue to carry it. Flint moved, White seconded, to approve and adopt RESOLUTION NO. 4639, a Resolution Relating to Restrictions on the Use and Sale of Phosphorus Lawn Fertilizers. VOTE: Ayes 4, Nays 0. ( #8) PARK COMMISSION APPOINTMENT Mayor Peterson noted three excellent candidates had applied for the vacancy on the Park Commission, with only one candidate to be appointed to fill the three year term. Peterson requested a letter be sent to the other two candidates who applied thanking them for their interest in serving on the Park Commission. White noted the City Council attempts to maintain geographical representation throughout the whole City on the Park Commission. White moved, Flint seconded, to appoint J. Patrick Wolfe to serve a three -year term on the . Parks, Open Space, and Trails Commission expiring on December 31, 2003. VOTE: Ayes 3, Nays 1, Nygard Opposed. Nygard indicated he was in favor of appointing Paul Kerr to this position. *( #9) PLANNING COMMISSION REAPPOINTMENTS Flint moved, Nygard seconded, to reappoint Elizabeth Hawn and Sandy Smith to additional three -year terms on the Planning Commission beginning on April 1, 2001, and expiring on March 31, 2004. ( 910) CHILD ABUSE AND NEGLECT PREVENTION MONTH — RESOLUTION NO. 464$ - u ;/ Nygard inquired what steps the City takes to inform the local residents that this is child abuse and neglect prevention month. Nygard commented in his view this is a good opportunity for the City to make more people aware of the problem and the services that are provided in this area. Moorse stated the packet the City has received from C.H.A.S.E., includes press releases which can be published in the local newspaper and City newsletter. Mayor Peterson inquired whether the new police chief could provide any additional information. • Moorse stated he would speak with the police chief and school liaison officer who could provide PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, MARCH 26, 2001 • ( #10 Child Abuse and Neglect Prevention Month, Continued) some additional information relating to the services available. Nygard moved, Peterson seconded, to approve and adopt RESOLUTION NO. -4t*@, a Resolution Proclaiming April as a Child Abuse and Neglect Prevention Month in Orono. VOTE: Ayes 4, Nays 0. *( #11) LEAGUE OF MINNESOTA CITIES INSURANCE TRUST BILLING REGARDING HOYT LITIGATION F.Y.I. The City Council reviewed a memorandum dated March 15, 2001, from the City's financial director relating to the summary judgment granted in favor of the City. The City Council took no formal action on this item. CITY ATTORNEY'S REPORT None *( #12) LICENSES • Flint moved, Nygard seconded, to approve the following licenses: Parades & Special Events Erik Kaitala Gear West Ski & Bike 1786 W. Wayzata Bike Long Lake, MN 55356 Start and finish at Holbrook Park, Long Lake April 1, 2001 10:00 — 11:00 a.m. *( #13) BILLS Flint moved, Nygard seconded, to authorize payment of the All Accounts Fund. VOTE: Ayes 3, Nays 0. ( #14) OTHER ISSUES The City Council scheduled a work session for Monday, April 2, 2001, at 3:30 p.m., to discuss issues relating to the fire station. P\C,EI i MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, MARCH 26, 2001 • ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 8:17 p.m. ATTEST: E 0 k Barbara Peterson, Mayor PAGE 9