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HomeMy WebLinkAbout08-27-2001 Council Minutesn U MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, August 27, 2001 ROLL The City Council met on the above - mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jay Nygard, Richard Flint, Bob Sansevere. and Jim White. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Planning Director Michael Gaffron, Zoning Administrator Paul Weinberger, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Lin Vee. Mayor Peterson called the meeting to order at 7:00 p.m. CONSENT AGENDA ( #1) Approve /Amend Items 3, 4, 6, 7, 8, and 10 were added to the Consent Agenda. Item 12 was removed from the Consent Agenda. White moved, Flint seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. • APPROVAL OF MINUTES *( #2) REGULAR COUNCIL MEETING OF AUGUST 13, 2001 White moved, Flint seconded, to approve the minutes of the Regular City Council Meeting of August 13, 2001, as submitted. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS — Rick Meyers, Representative Meyers noted the grand opening for the Navarre Park was held recently and was very successful. Meyers thanked the Navarre business community on behalf of the City for sponsoring Dog Days and supporting the grand opening at the park. Meyers stated the Park Commission is waiting for a response back from the MS Society regarding a request for money to help offset the purchase of a drinking fountain. Meyers reported a discussion was held at the August Park Commission regarding the Forest Lake Landing access, with the meeting being well attended by the residents in this area. The Park Commission at that meeting recommended 13 lake access points for surveying and signage for the upcoming year. The Park Commission also discussed possible improvements at Hackberry Park and Seven Nations Park. Meyers thanked the Orono Police Department for the DARE car and erecting the barricades for the • grand opening at the Navarre Park. Page 1 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, August 27, 2001 • (Park Commission Comments, Continued) Sansevere noted the Narrows Saloon is sponsoring a golf tournament to benefit the Park Commission. Sansevere inquired what information Meyers had regarding this item. Meyers stated he was approached by Jim Anderst regarding the golf tournament and whether the proceeds could be donated towards the Park Fund. The theme of the golf tournament is called Park and Drive Tournament. Anderst indicated he would like to make this an annual event. Mayor Peterson inquired whether it was appropriate for the City to accept the proceeds raised from this event. Tom Barrett, City Attorney, stated in his opinion it would be appropriate for the Council to accept the donation as well as oversee the event to insure compliance with all City ordinances. Flint commented in his view there may be unnecessary concern regarding the lake access points on the part of the public. Flint stated the public has the misperception that by surveying and erecting signage at these locations the number of people going to these lake access points will be heavily increased. Flint stated it is his understanding from what he has heard that the majority of these lake access points will remain basically the same as they have in the past, and that the City is attempting to give a formal designation or recognition as to how each access is to be used. Flint suggested the Park Commission consider using the term neighborhood lake access point, which would help to give some definition to each access point. Meyers concurred that there is some fear on the part of the public that these lake access points will • become widely used and that the use will change in the future. Meyers stated the City is attempting to identify and better maintain the lake access points. Sansevere thanked Meyers for his role in renovating the Navarre Park. Meyers noted approximately 100 kids attended the grand opening of the park. PLANNING COMMISSION COMMENTS — Dale Lindquist, Representative Lindquist stated he would be available at tonight's meeting for questions. LMCD REPORT — Lili McMillan McMillan reported the water patrol appreciates the additional deputies that have been added this past summer, with the water patrol being able to patrol the lake approximately 83 percent of the time. McMillan requested the June minutes be corrected to read that the total levy for all cities would be increased by $27,000 rather than a $27,000 levy increase for the City of Orono. McMillan stated the LMCD is considering a proposal with the Lake Minnetonka Association regarding options for battling zebra mussels. f� Page 2 LJ MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, August 27, 2001 PUBLIC COMMENTS Adrian Kearney, 265 Brown Road South, stated his neighbor has erected a six -foot privacy fence, with the four by four posts facing his side of the property. Kearney stated he did speak with Staff and got differing opinions on which way the fence should face. Kearney noted there is no permit required for the fence, with very few regulations governing how the fence should be built. Kearney requested the City review their fencing ordinance and perhaps include some requirement concerning their appearance from the adjoining properties. Kearney stated the fence in his view wrecks their view. Mayor Peterson stated in her opinion the Council should address this as there is nothing in the Code defining how a fence should look or be constructed. Peterson stated the City needs to review this ordinance as there have been several issues raised over the last nine months. Jim Murphy, 30 Orono Orchard Road, and Gabriel Jabbour, 984 Tonkawa, addressed the City Council regarding the Fire Commission. Murphy stated the Fire Commission has met twice, with the meetings being scheduled on Mondays at 7:00 a.m., at the Orono City Hall. The Fire Commission is beginning the process to hire a project manager. Murphy stated in his opinion the process is going very well, with the mission being "to design and construct a quality, cost - effective, functional fire station that ensures the long -term viability of the Long Lake Volunteer Fire Department and the quality of service it provides to meet the needs of the communities that it serves." • The guiding principals for the Fire Commission are, one, to design and construct a municipal building that is compatible with the adjacent residential neighborhood; two, provide a building that is finished, furnished, and functional upon completion to avoid future costs; and three, deliver a facility on time and under budget. Murphy stated the time line is to start construction in April, 2002, with the fire station being operable by December of 2002. Jabbour requested the Council inform the Fire Commission of any concerns the City may have regarding the fire station. Murphy stated the Fire Commission is comprised of three Long Lake representatives, three Orono representatives, and the fire chief, who is a non - voting participant. A representative from Medina also sits on the Fire Commission. Murphy commented in his view it is important to work through the issues in meetings and not "on the street ". Jabbour recommended the City study their decisions carefully as there will be others who will follow their actions. Flint stated the Council does need to keep well informed, with the representatives speaking for the City Council. Mayor Peterson thanked Jim Murphy and Gabriel Jabbour for their involvement on this project. • Flint suggested the representatives give a report once a month at one of the Council meetings or as issues come up. Page 3 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, August 27, 2001 • ZONING ADMINISTRATOR'S REPORT *( #3) #2615 DSR INVESTMENTS, L.L.C., 879 BROWN ROAD NORTH — EXTENSION OF SUBDIVISION APPROVAL — REARRANGEMENT OF A COMMON PROPERTY LINE — RESOLUTION NO. 4681 White moved, Flint seconded, to approve and adopt RESOLUTION NO. 4681, a Resolution Granting an Extension of.Approval for Rearrangement of a Common Property Line for the property located at 879 Brown Road North. VOTE: Ayes 5, Nays 0. *( #4) #2640/2641 DUNBAR DEVELOPMENT, 2060 WAYZATA BOULEVARD — EXTEND CONCEPT PLAN APPROVAL — RESOLUTION NO. 4682 White moved, Flint seconded, to approve and adopt RESOLUTION NO. 4682, a Resolution Extending the Effective Period of General Concept Plan Approval for Orono Ambar, L.L.C., at 2060 Wayzata Boulevard as Granted in Resolution No. 4619. VOTE: Ayes 5, Nays 0. ( #5) #01 -2691 J. ERIC AND CHRISTINE MENGE, 340 TURNHAM ROAD — VARIANCES White moved, Flint seconded, to table Application #01 -2691, J. Eric and Christine Menge, 340 Turnham Road, to give the Applicants time to submit a new septic system design. • VOTE: Ayes 5, Nays 0. *( #6) #01 -2693 DAVID AND MARYANN MAISER, 2700 SHADYWOOD ROAD — VARIANCES — RESOLUTION NO. 4683 White moved, Flint seconded, to approve and adopt RESOLUTION NO. 4683, a Resolution Granting Variances to permit an alteration to existing hardcover and new structure within 75' of the OHWL of Lake Minnetonka and variances to permit a two foot encroachment into the sideyard adjacent to street setback to permit construction of a three season porch on the south side of the residence located at 2700 Shadywood Road. VOTE: Ayes 5, Nays 0. *( #7) #01 -2704 THOMAS AND JENNIFER GRAHAM, 1065 TAMARACK DRIVE — FINAL PLAT OF UNDERHILL FARMS SECOND ADDITION — RESOLUTION NO. 4684 White moved, Flint seconded, to approve and adopt RESOLUTION NO. 4684, a Resolution Approving the Plat of Underhill Farms Second Addition. VOTE: Ayes 5, Nays 0. �J Page 4 • MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, August 27, 2001 MAYOR/COUNCIL REPORT Nygard stated he received a phone call from the Clemmons this morning, and inquired of Gappa what occurred at that property. Gappa stated they were doing grading within the 0 -75' area. Staff was unable to determine how much dirt had been moved. Gappa stated Staff will be following up to see what type of correction will be needed after a survey has been completed. Nygard stated it appears a road has been altered in that area, with the drainage being changed as well. Nygard stated a layer of pavement has been added to the city road, which changed the drainage in that area. Gappa stated the area has changed somewhat, but they are unaware at this time who did the actual work. The City will be sending a letter to all the neighbors in the area informing them of what has occurred. Nygard thanked City Staff for following up on this item. Sansevere stated the Maple Plain Fire Chief would like the Orono City Council to consider the possibility of creating a consortium of the area fire departments. Flint stated in his view the City Council needs to hold a work session to discuss the housing element of the City's Comprehensive Plan. • • PUBLIC SERVICE DIRECTOR'S REPORT *( #8) REQUEST FOR FINAL PAYMENT — WEBBER HILLS SANITARY SEWER PROJECT White moved, Flint seconded, to approve the Request for Final Payment, Webber Hills Sanitary Sewer Project to Earth Burners, Inc., in the amount of $15,049.43. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT ( #9) COFFEE CHANNEL ACCESS UPDATE Moorse stated the City Council took action last spring to close the alleyway to snowmobilers between the properties at 1998 and 2000 Shadywood Road due to concerns expressed by the owners of these properties regarding safety and noise. Staff was directed to explore solutions to the snowmobile access issue. One option that was explored was the provision of a floating bridge to provide safe access through the Coffee Channel. A meeting was held on June 28`h to discuss the feasibility of the floating bridge option. Moorse stated the outcome of that meeting was that a floating bridge is not a feasible solution for the Coffee Channel. Page 5 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, August 27, 2001 • (Coffee Channel Access Update, Continued) Other options identified at the meeting for addressing the snowmobile access issue are as follows: - Purchase property for a wider access lane. - Widen the channel and replace the bridge with one that accommodates snowmobile access. - Close the channel to snowmobilers. - Open the alleyway to snowmobilers. - Close the alleyway to snowmobilers, with the exception of use by the Water Patrol. Moorse stated the next step would be to schedule a public hearing to receive input from all interested parties. Staff is recommending the public hearing be scheduled for the September 24"' meeting. Flint requested Moorse to check with the County to determine whether there are any funds available to rebuild the bridge to allow a tunnel for snowmobile access and also to check with the DNR to see whether their snowmobile fund has any monies available to help with this issue. Sansevere requested that Police Chief Good and a representative of the Sheriff's Department attend the public hearing or send a letter giving their recommendation regarding the safety of the channel and the safety of opening the alleyway for snowmobilers. Nygard stated there are also issues relating to summer use of the channel. • Sansevere moved, Nygard seconded, to schedule a public hearing to receive input regarding the Coffee Channel snowmobile access issue for September 24, 2001, at 7:00 p.m. VOTE: Ayes 5, Nays 0. PUBLIC SERVICE DIRECTOR'S REPORT, CONTINUED ( #8A) LIFT STATION PUMP REPLACEMENTS Gappa requested this item be added to the agenda. Gappa stated the City has planned a project to replace the pumps and control panels for the three lift stations in the Saga Hill/Forest Lake Area. Gappa stated it takes six to eight weeks to get the parts. With Staff wanting to complete the work this fall. Gappa requested the Council authorize the acceptance of the low quotation for the pump replacements. White moved, Sansevere seconded, to accept the quotation from Electric Pump, Minneapolis, Minnesota, for lift station pump replacements in the amount of $39,180. VOTE: Ayes 5, Nays 0. Page 6 • MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, August 27, 2001 CITY ADMINISTRATOR'S REPORT, CONTINUED *( #10) SAFE AND SOBER MULTI- AGENCY AGREEMENT GRANT APPROVAL — RESOLUTION NO. 4685 White moved, Flint seconded, to approve and adopt RESOLUTION NO. 4685, a Resolution Authorizing Execution of Grant Agreement with the Minnesota Department of Public Safety. VOTE: Ayes 5, Nays 0. ( #11) MOUND FIRE DEPARTMENT PROPOSED 2002 BUDGET Moorse stated the City received a letter from the Mound Fire Chief requesting the City respond to the proposal to create a full -time Fire Chief/Fire Marshall position, which is included in their 2002 budget. The proposed Mound Fire Department budget for 2002 has an increase in operating expenditures due to equipment purchases and the costs related to the new Fire Chief/Fire Marshall position. The City of Orono is currently served by four fire departments, with the trend being to go to a full -time Fire Chief/Fire Marshall. Moorse suggested the City look at alternative methods of providing the benefits of a full -time fire chief to the various fire departments without having to hire a full -time fire chief for each of the four fire departments. • Sansevere recommended a meeting be scheduled with the four fire chiefs to discuss this issue. • White inquired whether this position has already been approved by Mound. Moorse stated this item is included in their 2002 budget. Mayor Peterson inquired when Mound would be finalizing their budget. Moorse stated Mound would like a response by August 30`h. Moorse stated the City would need to set their levy by September 151h Mayor Peterson stated in her view the City of Mound has given Orono very little time to consider this action, noting the addition of a full -time Fire Chief /Fire Marshall is a significant change in the operations of the fire department. Peterson stated in her view the City will need more time to make a decision on this item. Sansevere recommended getting input from the other fire departments serving Orono as to what is being planned for the future. Sansevere stated the cities should look at providing collaborative services in an effort to be more cost effective. Flint stated in his view it involves more than just the fire chiefs and that the City Councils should be involved as well. Page 7 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, August 27, 2001 • (Mound Fire Department Proposed 2002 Budget, Continued) Flint moved, Sansevere seconded, to inform Mound that the City of Orono is not in favor of a full - time Fire Chief/Fire Marshall at this time, with the recommendation that a meeting with representatives from the City Councils of the four cities who provide fire service to Orono be scheduled to discuss this item. VOTE: Ayes 5, Nays 0. Flint moved, Sansevere seconded, to approve the 2002 Mound Fire Department Operating Budget without the addition of the full -time Fire Chief/Fire Marshall position, with the understanding the increase to Orono will be under 10 percent for 2002 without the full -time Fire Chief/Fire Marshall position. VOTE: Ayes 5, Nays 0. Sansevere inquired whether Orono may still be required to pay for the cost of a full -time Fire Chief/Fire Marshall if the other cities approve the 2002 budget. Moorse stated the City of Orono would be required to pay their share of the budget if approved, however, he indicated he would review the fire service contract for a more definitive answer. CITY ATTORNEY'S REPORT None ( #12) LICENSES Flint stated he requested this item be removed from the Consent Agenda due to the special event • permit being requested by Boyer Building Corporation. Flint noted there was a problem with the last Parade of Homes. Flint inquired what steps the City is taking to insure there will not be a problem this year. Moorse stated there will be a requirement that there be no parking on Willow Drive, with parking only on one side of Carriage Lane, which should help resolve the problem. Moorse stated this is also the Parade of Homes rather than a tour like the last one. Flint moved, White seconded, to approve the following licenses: CLUB FIREARM USE PERMIT 1. Annual Permit for: Park Gun Club 3600 Sixth Avenue North SPECIAL EVENT 1. Applicant: Boyer Building Corporation Event: Fall Parade of Homes Location: 2140 Carriage Lane Date: September 8, 9, 13, 14, 15, 16, 20, 21, 22, 23, 27, 28, 29, 30 Time: Noon — 6:00 p.m. VOTE: Ayes 5, Nays 0. Page 8 0 MINUTES OF THE ORONO CITY COUNCIL MEETING MONDAY, August 27, 2001 0 *( #13) BILLS White moved, Flint seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT White moved, Nygard seconded, to adjourn the meeting at 8:19 p.m. There being no further business to discuss, the meeting was adjourned at 8:19 p.m. ATTEST: Lin ee, City Clerk • Barbara Peterson, Mayor Page 9