Loading...
HomeMy WebLinkAbout04-09-2001 Council MinutesORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 9 ROLL The Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jim White, Jay Nygard, Richard Flint, and Bob Sansevere. Representing staff were City Administrator Ron Moorse, Planning Director Michael Gaffron, Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, and Recorder Alissa Winternheimer. City Attorney Tom Barrett and Public Services Director Greg Gappa were absent. Mayor Peterson called the meeting to order at 7:02 p.m. CONSENT AGENDA 1. Approve /Amend Items 5, 7, 8, 9, and 10 were added to the Consent Agenda. Sansevere moved, and Nygard seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. • PRESENTATION 2. Navarre Business Owners Presentation Regarding Community Festival James Anderst of 2520 Arcola Lane, owner of the Narrows Saloon, stated that he would like to put on a music festival in the parking lot of the Narrows Saloon in conjunction with the Dog Days of Navarre on August 25, and 26, 2001 from noon to 8:00 p.m. Other local businesses supported the festival and had agreed to sponsor booths at the outdoor concert. Wealth Enhancement would sponsor the beer tent, First National Bank of the Lakes would sponsor the stage, Culvers would sponsor an ice cream truck, and the Chamber of Commerce would provide free popcorn and pop. Mr. Anderst stated he has spoken to all the local businesses and had a petition of support with a number of signatures that he passed out to the Council. He stated he was also canvassing the neighborhood, asking for support from residents. Mr. Anderst stated that music would be projected away from the neighborhood. He also stated most of the parking in his lot would be available to attendees. He planned to donate 50% of the profits to the City's Parks Commission. He had already checked with his insurance company to make certain the event would be covered under the Saloon's policy. Mr. Anderst stated the beer tent would not damage the parking lot in any way. He would like to have some uniformed officers present as security. He plans to have four ORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 2. Navarre Business Owners Presentation Regarding Community Festival — Continued • different colored wristbands identifying of -age and under -age concertgoers on each day. Some police had offered to volunteer their personal time to serve beer. Judy Shields of Daghmer's Unique Stuff stated that she was in favor of seeing uniformed officers at the event as security. Rick Meyers, of 2195 Bayview Place, stated that he supports the planned concert, but doesn't feel it would be appropriate for off -duty police to serve beer because it would present the wrong image for law enforcement officers. Mayor Peterson asked if Mr. Anderst had a plan for inclement weather. Mr. Anderst stated he did not have an alternate location for poor weather and will only be booking the scheduled bands for August 25th and 26th. He stated he was booking LaMont Cranston, Mick Sterling, The Power of Ten, and Texas Red for his festival. Sansevere asked if he would have off -site parking available. Mr. Anderst stated he had talked to the bowling alley, bank, and liquor store. He also planned to talk to the Freshwater Institute about using their parking. Gary Marquardt, of Casco Point, stated that his only concern was that the festival would draw more people than it was equipped to handle. is Mr. Delaney of First National Bank of the Lakes, suggested that local businesses sell tickets in advance of the festival to limit the numbers. Mr. Anderst stated that each of the bands coming to the festival had previously played in the Saloon, and they did not draw unmanageable crowds. He advertises in the Lakeshore and City Pages every week. He asked if people would be allowed to park on one side of city streets. Mayor Peterson stated they would have to check with the Fire Department to determine whether the streets would be wide enough for emergency vehicles. Mr. Anderst and the Council discussed the possible crowd size and the necessary controls. The Council requested that Mr. Anderst determine the minimum number of people he would need to attend to make the festival cost effective, the maximum number of people the space could accommodate, and the number of parking spaces he can make available for people. They requested he keep in mind fire codes and safety issues. The City Planner indicated he would need at least one parking space for every four people at the festival, in addition to allowing some parking for neighboring businesses. The Council stated that they would have to consider the neighbors' concerns, fire and safety issues, and would need Police Chief Good's input. Mr. Anderst stated he would go ahead and book the bands, assuring the Council that all concerns would be addressed satisfactorily. 2 ORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 . 3. Teens Alone Funding Request Lydi,i Kihm, Executive Director of Teens Alone, stated that she was requesting $800.00 to fund the Teens Alone program. She stated it was their second year in the Orono school district, but this was the first time they had requested funding. The program serves children ages 10 — 18 and their families. They have served 40 Orono children, and four of sixteen board members are Orono residents. They serve people in the Eden Prairie, Hopkins, Orono, St. Louis Park, and Wayzata school districts. They are not part of the County or the school district. About 1/3 of their cases were already involved with the County's social services and they do report abuse cases to the County. Sansevere moved, and White seconded, to grant funding to Teens Alone in the amount of $800.00, and to adjust the General Fund budget to reflect the expenditure. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES *4. Regular Council Meeting of March 26, 2001 Sansevere moved, and Nygard seconded, to approve the Minutes of the Regular Council Meeting of March 26, 2001. • Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS —DREW MCDERMOTT, REPRESENTATIVE McDermott stated that the Parks Commission had discussed the public access areas such as fire lanes, and would like a work session with the Council on the matter. They were still looking for a representative to the Orono Community Sports Association and he hoped their new Commission member would fill the role. PLANNING COMMISSION COMMENTS —SANDY SMITH, REPRESENTATIVE None. PUBLIC COMMENTS Tim Line, of 4415 Forest Lake Landing, stated he was following up with the Council on their previous meeting. He stated he would like the City to raise standards for all residents ORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 Public Comments — Continued • in Orono, not just new residents. He felt the residents who did not respect the City ordinances should be prodded by the City, and then ticketed. He requested the Council endorse work to raise awareness of existing ordinances. Mr. Line mentioned that he felt boats should be kept out of view from neighbors. Sansevere stated that he felt Council should review the boat storage ordinance, but he would favor more leniency in the ordinance. Mr. Line stated that he did not like seeing yachts parked in people's front yards and felt that he and his wife Lorie were forced to act as the "ordinance police" each time they complained. He stated that people who spent money to improve their property, and therefore came to the City for permits, were being forced to jump through hoops, but others, who did not invest in their property, were allowed to keep their property in a poor, or unrespectable, condition without interference. Sansevere stated he agreed with Mr. Line regarding certain issues, but he did not have a problem with people parking their boats in their yards. Mayor Peterson stated that if people were forced to store their boats off their property, it could become cost - prohibitive for some people to own boats. White suggested that Mr. Line meet with staff, and reminded Mr. Line that his neighbors • had approved of the variances he requested when building his house. ZONING ADMINISTRATOR'S REPORT *5. #2644 Gary and Joan Marquardt, 2617 Casco Point Road— Variances- Resolution No. 4641 Sansevere moved, and Nygard seconded, to adopt Resolution No. 4641 granting variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to permit 3,710 s.f. (27.3 %) hardcover in the 75 -250' lakeshore setback; Section 10.03, Subdivision 14(C) to permit 2,961 s.f. (16,9 %) lot coverage by structure; Section 10.25, Subdivision 6(B) to permit an encroachment into the side setback 5' from the side property line for construction of a 24' x 26' attached garage, where a 10' side setback is required and to permit the garage addition 27' from the front property line where a 30' setback is required; and Section 10.25, Subdivision 6(B) to permit an encroachment into the side setback 2.64' from the side property line to permit the addition of a second story above the existing residence within the required 10' side setback. Vote: Ayes 5, Nays 0. 40 11 ORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 • 6. #01 -2663 CPV Development Company, LLC., 4100 Watertown Road and 505 Orchard Park Road —Class III Preliminary Subdivision — Resolution No. 4642 Craig Alshouse was present representing CPV Development Company. Weinberger stated that the applicant was requesting approval for a preliminary subdivision of a 37 -acre parcel located at Watertown and Orchard Park Roads. Approximately 2 acres of the property is classified as wetlands. Proposed is a 6 lot residential plat. Four lots would be served by a private road. Proposed Lot 5 has access to Watertown Road and contains the primary house, a horse barn and riding arena. Lot 6 has a house located on the front property line and has access to Orchard Park Road. Both houses, the barn, and riding arena are proposed to remain on the properties. The horse barn and riding arena are Oversized Accessory Structures (OAS). The Planning Commission recommended the arena and barn should be subject to a restrictive covenant that would limit the future use or expansion of the buildings, limit their use to the keeping and raising of livestock and storage of "horse farm" equipment, and no commercial use of the structures should be permitted without a conditional use permit. Approval would require the following variances: to permit 2 OAS where 1 is allowed, to permit 2 OAS larger than the 3,000 s.f. maximum, to permit 14,497 s.f. for all accessory buildings where 6,000 is allowed. Also, a variance would be required for the lot width of is Lot 2, which fronts a cul de sac and does not meet the minimum 300' lot width for properties in the RR -1A zoning district. 0 Sansevere questioned the size of the horse barn versus the number of horses that would be allowed on the lot. Mr. Alshouse stated that they would not put more horses on lot 5 than allowed for that acreage. If the owner of lot 1 kept a horse on lot 1, they might use the trail easement to access lot 5 and use the riding arena at the owner of lot 5's discretion. Mr. Alshouse stated that they want to develop the land with a mind to preserving the wetland and maintaining rural charm by keeping the barn and arena. He stated that the barn is in very good condition and he has an interested buyer who would improve the barn. Flint questioned whether the Park Commission had looked at the application to consider building a trail from Watertown to Stubbs Bay Road. McDermott stated there was potential for a trail from Stubbs Bay Road to County Road 6. The Council discussed difficulties with the topography of the land. Flint suggested the Parks Commission look at the proposed development and consider the possibility of a trail. Weinberger stated that on page 4 of 12 in the Resolution, item 17 refers to "the property lines between Lots 1, 4 and 6," and should read "the property lines between lots 3, 4 and 6." On page 7 of 12, item 15 refers to "uses accessory to a horse farm," and should 5 ORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 6. #01 -2663 CPV Development Company, LLC., 4100 Watertown Road and 505 • Orchard Park Road —Class III Preliminary Subdivision Resolution No. 4642 — Continued refer to "uses accessory to livestock purposes." On page 7 of 12, item 18 refers to "Payment of standard Park Dedication Fee," and should read "Payment of standard Park Dedication Fee or land to be determined by the Parks Commission." Sansevere moved, and White seconded, to adopt Resolution No. 4642 approving preliminary plat for properties located at 4100 Watertown Road and 505 Orchard Park Road, and owned by CPV Development Company, LLC. subject to the changes noted above. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT White stated that Navarre Park is looking great. Mayor Peterson stated that they had a Fire Department meeting April 9th. She asked the Council to reaffirm that Orono's representatives to the committee were Jim Murphy, Charles Kelley, Gabriel Jabbour, and Barbara Peterson. The Council members all agreed. Mayor Peterson directed staff to send a letter to Long Lake listing Orono's representatives is to the committee. Flint stated that the last place snow melts away is on the trails because plowed snow is piled on them. He requested the Parks Commission look into getting the Old Crystal Bay Road and Brown Road trails open early. Sansevere stated that, regarding Mr. Line's comments, he did feel the boat ordinance should be reviewed. Stacy Schoenzeit, of 4480 Forest Lake Landing, stated that she has lived in Orono for twelve years. She and her neighbors have been victims of the Lines' intimidation and harassment. She stated she was present because her neighbors requested she come as the eyes and ears of several concerned residents. She stated a neighbor witnessed Lorie Line in her yard, and she has witnessed Ms. Line in other people's yards. She stated that the Lines have taken possession of the fire lane adjacent to their property and placed their dock directly off the lane. Residents who used the fire lane to access the lake for snowmobiling or cross country skiing have been coming through neighbors' back yards because the Lines have made the fire lane unavailable. She stated that the Lines have entered people's properties without permission to take photos as evidence of their complaints for their report to the City. The Lines put letters in neighbors' mailboxes where they interpret the City ordinances. She stated some neighbors are concerned that R ORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 • Mayor /Council Report — Continued the City will change ordinances based on the Lines' complaints. She also stated that the Lines only launch complaints against people they do not socialize with. White stated that the Parks Commission has reviewed lake access points, and the Council would pay careful attention to the fire lane adjacent to the Lines' property when they review the Parks Commission report. PUBLIC SERVICE DIRECTOR'S REPORT *7. Revised Assessment for 5 and 15 Brown Road South — Resolution No. 4643 Sansevere moved, and Nygard seconded, to adopt Resolution No. 4643 amending the interest rate and date applied to the Fox Ridge Area Sanitary Sewer Assessment Roll, as established by Resolution No. 4493. Vote: Ayes 5, Nays 0. *8. Golf Course Seasonal Employees Sansevere moved, and Nygard seconded, to approve a seasonal employee pay range of $7.02 to $7.90 per hour for the 2001 season, and to hire the seasonal employees listed at the proposed wage rates and under the applicable provisions of the PERA rules. Vote: Ayes 5, Nays 0. *9. Purchase of Snow Plow Truck and Compactor Sansevere moved, and Nygard seconded, to approve purchase of Public Works replacement Snow Plow Truck from Boyer Sterling Trucks, Minneapolis, MN, with accessories at a total cost of $82,505 to be funded from the 2001 Improvement and Equipment Outlay Fund budget; purchase of Public Works Asphalt Compactor from United Rentals, New Hope, MN, at a total cost of $2,130 to be funded from the 2001 Improvement and Equipment Outlay Fund; a budget adjustment, in the amount of $2,130, to the 2001 Improvement and Equipment Outlay Fund budget for the purchase of an Asphalt Compactor. Vote: Ayes 5, Nays 0. *10. Streetlight at County Road 6/Townline Road Intersection Sansevere moved, and Nygard seconded, to approve installation of a streetlight at the County Road 6/Townline Road intersection by Wright Hennepin Electric for a $200 installation cost and a monthly operational cost of $8.40. V/ ORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 *10. Streetlight at County Road 6/Townline Road Intersection — Continued • Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT 11. Lease of Property at 3580 Wayzata Boulevard for Agricultural Use Moorse stated that about 40 acres of property had been donated to the City and was planned for park use, but was currently not being used by the City. A substantial portion of the property has been farmed for a number of years rent -free, so that the owner would not have to worry about the upkeep of the land. Moorse stated that because the City owns the property it is tax - exempt. But once the City allows someone to pursue a moneymaking endeavor on the land, it loses its tax - exempt status. The past year's taxes on the land were about $6,000.00. The taxes will increase as the marketability of the land increases. McDermott asked if the City could pay the farmer a nominal fee to maintain the land. The Council directed Moorse to pursue that option. *12. Receipt of the Certificate of Achievement for Excellence in Financial Reporting for the 1999 Financial Report (Information Only) • 13. Scheduling of Council Work Session The Council agreed to meet on Thursday, April 19, 2001 at 3:30 p.m. CITY ATTORNEY'S REPORT None. *14. LICENSES None. *15. BILLS Sansevere moved, and Nygard seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. 0 ORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 L� ADJOURNMENT The meeting was adjourned at 9:20 p.m. ATTEST: w 0 C Barbara Peterson, Mayor