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HomeMy WebLinkAbout06-11-2001 Council MinutesORONO CITY COUNCIL MEETING MONDAY, JUNE 11, 2001 • 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, City Attorney Tom Barrett, Planning Director Michael Gaffron, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa and Recorder Alissa Winternheimer. Council Member Richard Flint arrived at 7:07 p.m. Mayor Peterson called the meeting to order at 7:05 p.m. CONSENT AGENDA 1. Approve /Amend Items 3, 5, 8, 10, and 12 were added to the Consent Agenda. Sansevere moved, and White seconded, to approve the consent agenda as amended. Vote: Ayes 5, Nays 0. • APPROVAL OF MINUTES *2. Regular Council Meeting of May 29, 2001 Sansevere moved, and White seconded, to approve the Minutes of the Regular Council Meeting of May 29, 2001. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS —RICK MEYERS, REPRESENTATIVE Meyers stated that there was not a regular meeting of the Park Commission, but instead they held the annual park tour, which was well attended. He stated that the Navarre Park plantings were almost complete. A large amount of plant material was donated to the City, and volunteers have planted the vegetation. The park has been generating civic pride and helping to build community. The Eagle Scouts will be installing benches, and a church group will work on a dry creek bed. When the park is complete, they would like to recognize the donations and volunteers in the newspaper and on the web -site, and at a grand opening celebration in the park. 1 ORONO CITY COUNCIL MEETING MONDAY, JUNE 11, 2001 PLANNING COMMISSION COMMENTS —DAN KLUTH, REPRESENTATIVE 0 Kluth stated that there was concern over the size of the Planning Commission. The last meeting was cut short because someone had to leave early and they lost their quorum. They did not, therefore, complete the public hearing for the Baywind Church. He suggested the Baywind matter be tabled so that they have time to research the impact of adding churches to the B -4 zoning district. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT *3. #01 -2668 Manley Brothers Construction, 1973 Fagerness Point Road - Variances— Resolution No. 4661 Sansevere moved, and White seconded, to adopt Resolution No. 4661 granting variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16(C)(6) to permit an addition of two dormer windows constituting an expansion of the building envelope of the house within the 75' setback to the OHWL • of Lake Minnetonka and an encroachment into the average lakeshore setback; and variances to Section 10.25, Subdivision 6(B) to permit replacement of a deck and 3' hand railing above the detached garage within a required street setback 2' from the front property line where 30' is required and 6' from the side property line where 10' is required. Vote: Ayes 5, Nays 0. 4. #01 -2676 Baywind Christian Church, Amendment to Municipal Code Section 10.42 Mayor Peterson asked the Baywind Church supporters present if anyone had felt they were not given a chance to speak at the public hearing, which was held by the Planning Commission on May 21, but which was not completed on that date due to loss of quorum. The six supporters of the church in attendance had nothing to add to the public hearing. Flint moved, and Nygard seconded, to close the public hearing concerning the Baywind Christian Church that was continued from the Planning Commission meeting on May 21, 2001. Vote: Ayes 5, Nays 0. 2 ORONO CITY COUNCIL MEETING MONDAY, JUNE 11, 2001 • 4. #01 -2676 Baywind Christian Church, Amendment to Municipal Code Section 10.42— Continued Gaffron stated that the Baywind Christian Church was before Council seeking "Churches" to be allowed as a conditional use in the B -4 zone. The B -4 zone is comprised of about 17 acres and is an office and professional business district. The businesses allowed have minimal contact with the public and are not allowed retail sales. There is a wide range of uses allowed in the B -4 zone and "Churches" is similar to several of the allowed uses, such as hospitals and schools. A church is a point load use where a number of people converge at a set time and leave again together, and would be operating on the weekends. Gaffron also stated that most other cities allow churches as a conditional use in single - family residence zones, not in commercial zones. There is not much activity in the B -4 zone. The church would have to meet parking requirements. There is some concern over noise and congestion in the neighborhood on Sunday and the potential for an increase of pedestrian traffic across a major roadway. Gaffron suggested Council require Baywind meet their church's parking needs without having people cross the roadway. White suggested that keeping all the required parking on the church lot would create hardcover issues. George Welles of 15658 South Woodgate Road, Minnetonka stated that based on their estimations of on -site parking, the congregation would have less than 10 cars parking across the street at an y time. He stated that Sunday traffic on County Road 19 is light. • Service arrivals and departures would be spaced out over a 3 -hour period. Baywind would like to maintain.the B -4 zoning so that they can resell the property in a few years as an office space. Some residential properties don't have access to city water and sewer. The B -4 zone allows almost all uses except churches. And today's churches "go to the people," locating in spaces such as malls, the airport, and the skyway. Sansevere stated he was concerned with the parking issue and people crossing County 19. Mr. Welles stated that the intended church sanctuary space will hold 216 people, and the congregation currently has about 150 parishioners. Rodney Beystrom of 4466 Denbigh Road, Mound stated that pedestrian crossover is not unprecedented. Fairview Covenant and Lord Fletchers both have parking lots across from the establishments, and commuters who use the municipal lot also have to cross the road. Maynard Johnson of 1556 Oak Ways, Wayzata stated that the Pastor would do extra services if necessary, so there would be no need for overflow parking. Moorse stated that one cannot assume 1 car per 4 people. If the congregation grew to full capacity, they would have parking issues. ORONO CITY COUNCIL MEETING MONDAY, JUNE 11, 2001 4. #01 -2676 Baywind Christian Church, Amendment to Municipal Code Section • 10.42 — Continued Sansevere suggested they find parking on the same side of the street. Mr. Welles stated that would be a greater hazard than people crossing the street because there was no sidewalk and people would be walking with their backs to oncoming traffic either coming or going. Gaffron stated that according to City code, a church requires 1 parking space per 4 people in the assembly hall, and Baywind would be held to that standard. He stated Council had to determine if they wanted the church to meet that standard without people crossing the street. Gaffron stated that Council should consider whether they wanted to allow a tax exempt organization in the B -4 zone. Hospitals and schools, which are already allowed, are tax exempt. Pastor Helmer Heckel stated that the Svoboda business would stay in the building, generating some taxes. Dave Garwick of 1535 Rainbow Avenue, Maple Plain, Pastor of Christ Lutheran Church, stated that Pastor Heckel was making a large contribution to the community. His congregation has formed the Police Chaplain's Corps and the Heart for the West Ministry. Sansevere stated that while that was laudable, it was not a consideration in the zoning y • issue because they were discussing whether any church should be allowed in the B -4, not Baywind specifically. Joan Svoboda stated that she has crossed County 19 between her building and the Fresh Water Institute numerous times without any trouble. Mr. Beystrom stated that he had contacted Hennepin County Transportation Planning Department about a crosswalk and signage for in front of the proposed church. Judy Heckel of 5961 Covington Terrace, Minnetonka stated that the congregation could designate 1 car to shuttle people across the street, so ultimately only 1 person would have to walk across County 19. Council unanimously decided they were in favor of allowing churches in the B -4 zone. They agreed that the Planning Commission should discuss specific appropriate performance standards at their next meeting. Pastor Heckel stated they would like to be in the new space by August. Gaffron stated that the absolute quickest the conditional use permit could be finalized would be July 23`d if the Church makes a timely application. Barrett suggested staff send a letter to the applicant requesting an extension of the 60 day time limit. 4 ORONO CITY COUNCIL MEETING MONDAY, JUNE 11, 2001 • 4. #01 -2676 Baywind Christian Church, Amendment to Municipal Code Section 10.42— Continued Flint moved, and Nygard seconded, to amend the B -4 Zoning District to allow "Churches" as a conditional use, referring the matter back to the Planning Commission for further discussion, and directed staff to draft an ordinance that adds "Churches" as a conditional use to the B -4 Zoning District. Vote: Ayes 5, Nays 0. *5. #01 -2677 Terry and Dorothy Erwin, 2715 Casco Point Road— Variances- Resolution No. 4662 Sansevere moved, and White seconded, to adopt Resolution No. 4662 granting variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16(C)(6) to permit alteration to the foundation and existing residence, including replacement of the second story of the existing house and refurbishing of the interior of the main level of the house, within 75' of the OHWL of Lake Minnetonka and average lakeshore setback; Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16(L)(1) to permit replacement of a 360 s.f. patio, where a 520 s.f. patio exists within 75' of the lakeshore; Section 10.25, Subdivision 6 to permit alteration to the existing house 5.9' to the north property line where 10' is required; and Section 10.03, Subdivision 9 to permit future relocation of the existing storage • building 5' from the side property line. Vote: Ayes 5, Nays 0. 6. 401 -2678 Kristi Roesler, 1169 Elmwood Avenue — Variances— Resolution No. 4660 Gaffron stated that the resolution before Council denied requested lot area and width variances for the lakeshore parcel, and approved the variance to allow an accessory structure on said lot, subject to execution of a Special Lot Combination. He asked Council to consider whether any specific conditions should be incorporated into the Special Lot Combination. Council agreed to allow the requested dock on the lot, and if the applicant wanted to add any other structures, they would have to come back with a formal application. Use of the lot would be kept as limited as possible because there is no primary structure on the lot. Flint moved, and White seconded to adopt Resolution No. 4660 denying variances to Municipal Zoning Code Section 10.24, Subdivision 5(B) requesting lot area and lot width variances for lot 7, and granting variances to Section 10.03, Subdivision 9(A) to allow- Special Lot Combination to allow for the permanent use of Lot 7 for lake access for 1169 North Arm Drive, including the ability to construct a dock on Lot 7 without a principal structure. Vote: Ayes 4, Nays 1 ( Nygard). ORONO CITY COUNCIL MEETING MONDAY, JUNE 11, 2001 Items 7 and 8 appear after Item 9. • 9. Request to Accept Grant from Alcohol and Gambling Enforcement Division Police Chief Good stated that the Orono Police Department had applied for a grant to fund underage compliance checks at on and off sale liquor establishments. They were approved for funding in the amount of $1,875. Kim Roe of the Hennepin County Project to Reduce Underage Drinking stated that they have looked at how youth access alcohol and want to reduce underage drinking by reducing commercial sales with compliance checks. Heather Brutt with the University of Minnesota Alcohol Epidemiology Program in the School of Health stated that underage drinking results in a number of health issues, such as unintended pregnancy, early sexual activity, transmission of sexually transmitted diseases, an increased risk of suicide, and others. Because of the number of sources of alcohol available to youth, there are a number of steps communities should take to limit underage drinking. One measure is to perform compliance checks at establishments that sell liquor. Checks should be done on a regular random basis coupled with penalties applied to the owner or manager of the establishment. She stated that 2/3 of youth who drink buy from establishments. Mayor Peterson asked if the grant was a one -time award. Ms. Roe stated that they work • on receiving funding each year, and another source of funding is licensing fees. Sansevere asked why 18 year olds are allowed to serve alcohol. Roe stated that cities are able to pass an ordinance restricting the serving of alcohol to people over 21. Chief Good stated that according to the Minnesota Student Survey, Orono students report a higher rate of alcohol and marijuana use than other areas of the state. Flint moved, and White seconded, to accept state funding for underage compliance checks. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Sansevere stated that he had received a memo regarding Mr. Anderst that said if he could not receive profits from the beer tent, he was not interested in pursuing the event. Chief Good stated that Mr. Anderst would need a separate liquor license for Sunday and that proceeds from the liquor sales would have to go to charity. Mr. Anderst informed Chief Good that he was not interested in working the event if he did not get to keep his profits. The event, therefore, would not be happening. ORONO CITY COUNCIL MEETING MONDAY, JUNE 11, 2001 • MAYOR/COUNCIL REPORT — Continued Sansevere stated that he would like to find money for bulletproof vests for the police. Chief Good stated they had surveyed the department and were concerned that if all 18 vests were replaced at once, they would all need to be replaced again every 5 years. She would like to replace about 8 vests this year, and then replace vests as they expire. Mayor Peterson asked Chief Good to update Council on the fitness issue. Chief Good stated that they are in the early planning stages for a fitness program for the Police Department. They are considering several options: funding a club membership, remodeling and putting weight machines in the department or the new fire station, or hiring a trainer. Flint asked about rumors that Minnetonka Beach wanted to cut off all entrances from Orono. He stated there were public safety issues with such limited access and cul-de-sac - ing of numerous streets. Gaffron stated that staff was aware of the situation and prepared to respond. Nygard stated that survey stakes at the Forest Lake Landing had been pulled up and stolen, at a cost of about $1000 to the City. Moorse stated that they took pictures «when the stakes were in and don't have to redo the survey immediately. They do need to decide which stakes are necessary to guide people. Sansevere stated that neighbors should know • the removal of stakes could result in a fine. Nygard stated that the City should file a police report, and neighbors should be informed that the stakes have been stolen and asked if anyone witnessed the crime. Nygard stated that Joe Clemmons called him and was upset about progress on his neighbor's property. Gappa stated that they only have the swale left to grade in. PUBLIC SERVICE DIRECTOR'S REPORT 7. Approve Renewal of Safe Assure Safety Training Program Moorse stated that the training was for Public Works staff and was mandated by OSHA. The training meets federal requirements and occurs about every 2 months. Nygard moved, and Sansevere seconded, to approve the proposal from Safe Assure Consultants for conducting safety training and preparation of the related written programs and documentation at an annual cost of $3,233. Vote: Ayes 5, Nays 0. 7 4 ORONO CITY COUNCIL MEETING MONDAY, JUNE 11, 2001 CITY ADMINISTRATOR'S REPORT *8. Approval of Mutual Aid Package for Hennepin County Sheriffs Office Resolution No. 4663 Sansevere moved, and White seconded, to adopt Resolution No. 4663 adopting the Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment of July 1, 2001. Vote: Ayes 5, Nays 0. Item 9 appears before the Mayor /Council Report. *10. Request for Forfeiture Fund Expenditures Sansevere moved, and White seconded, to approve purchasing 2 laptop computers at $4700, 1 LCD projector at $3700, 3 ink -jet printers at $1200, software at $850, and a CD rewriteable "burner" at $220, for a total of $10,670 from the forfeiture fund and to make the necessary budget adjustment. Vote: Ayes 5, Nays 0. 11. Long Lake Fire Station Agreements— Update 11 Moorse stated that he had met with Michelle Morse at Long Lake to discuss the revised • agreements. Long Lake suggested having 2 council members and the City Administrator from each city meet to discuss disagreements. Sansevere suggested they meet to present the reasons behind Orono's issues. Council agreed that Flint and Sansevere should represent Council at the meeting. *12. Approve Golf Course Seasonal Employee Sansevere moved, and White seconded, to hire Zachary Hillard as a Golf Course Seasonal Employee at an hourly pay rate of $7.04 under the monthly maximum earnings provision of the PERA rules. Vote: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT None. 8 ORONO CITY COUNCIL MEETING MONDAY, JUNE 11, 2001 • *13. LICENSES SPECIAL EVENTS 1. Applicant: Jennifer Paidosh Event: Wedding Party Location: 4300 North Shore Drive Date: June 30, 2001 Time: 4:00 p.m. — 11:OOp.m. GARBAGE HAULER 1. Randy's Sanitation 3. Veit Container Corp. 4351 U.S. Hwy 12 SE 14000 Veit Place Delano, MN 55328 Rogers, MN 55' )74 2. BFI of North America 9813 Flying Cloud Dr. 4. Baldy Sanitation, Inc. Eden Prairie, MN 55347 5906 Henry St. Maple Plain, NLN 55359 *14. BILLS Sansevere moved, and White seconded, to approve payment of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT The meeting was adjourned at 9:52 p.m. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor 9